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Home My WebLink About2021-03-23 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, March 23, 2021 at 6:00 PM Minutes VIRTUAL MEETING INSTRUCTIONS Limited seating is available at City Hall. Consider joining the meeting virtually: https://us02web.zoom.us/j/89240454128 Or join by phone: 1-669-900-6833 Webinar ID: 892 4045 4128 ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Joe Borton Councilman Brad Hoaglun Councilwoman Jessica Perreault (left meeting at 8:30pm) Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilman Treg Bernt PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Item 17 removed from Consent Agenda by Councilman Cavener. Motion to approve the remainder of the consent agenda made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the March 9, 2021 City Council Work Session 2. Approve Minutes of the March 9, 2021 City Council Regular Meeting 3. Idaho Fitness Factory Water Main Easement No. 1 4. Final Plat for Ascent Subdivision (FP-2020-0018) by Schultz Development, LLC, Generally Located on the North Side of W. Franklin Rd., East of N. Black Rd. 5. Final Plat for Oaks North Subdivision No. 9 (FP-2021-0010) by Toll Southwest, LLC, Generally Located at 6180 W. McMillan Rd. 6. Final Plat for Pine 43 No. 4 (FP-2021-0006) by Kimley Horn, Located at 2255 E. Fairview Ave. 7. Final Order for Lupine Cove (FP-2020-0017) by Matt Schultz of Schultz Development, Located at 4000 N. McDermott Rd. 8. Final Order for Sagewood West Subdivision (FP-2021-0005) by Civil Innovations, PLLC, Located at 1335 W. Overland Rd. 9. Final Order for Sky Mesa Commons No. 5 (FP-2020-0021) by J-U-B Engineers, Inc., Generally Located West of S. Eagle Rd., Midway Between E. Taconic Dr. and E. Lake Hazel Rd. 10. Findings of Fact, Conclusions of Law for Aviator Subdivision (H-2020-0111) by The Land Group, Inc., Located Near the Northeast Corner of N. Black Cat Rd. and W. Franklin Rd. 11. Findings of Fact, Conclusions of Law for Chewie Subdivision (H-2020-0120) by Kent Brown Planning, Located at 2490 W. Franklin Road and the Lot Directly North 12. Development Agreement Between the City of Meridian and Baron Ten Mile, LLC (Owner/Developer) for Mile High Pines Subdivision (H-2020-0099), Located in the Southwest Corner of N. Ten Mile Rd. and W. Pine Ave. 13. Development Agreement Between the City of Meridian and Dennis Creek (Owner) and Hayden Homes Idaho, LLC (Developer) for Tetherow Crossing Subdivision (H- 2020-0112), Located Northeast of N. Linder Rd. and W. Ustick Rd. 14. Development Agreement Between the City of Meridian and Oaks Build to Rent, LLC, a Delaware LLC (Owner/Developer) for Oakwind Estates (H-2020-0093) Located at the Northeast Corner of N. McDermott Rd. and W. McMillan Rd. 15. Approval of Sole Source Purchase of Fire Department Garments to Include Honeywell Morning Pride Tail Pant and Coats from Municipal Emergency Services (MES) for the Not-to-Exceed Amount of $60,170.15 16. Cooperative Agreement Between City of Meridian and Valley Regional Transit for Fiscal Year 2021 Public Transportation Financial Contribution 18. Resolution No. 21-2263: A Resolution of the Mayor and City Council of the City of Meridian to Amend the City of Meridian Standard Operating Policy and Procedure Manual by Adding a New Policy 5.7 -Vacation Leave Accrual Rollover Program and Amending Policy 5.5 – Director Benefits Program; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] 17. Finance Department: Annual Fund Balance Transfer Proposal Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener PROCLAMATIONS \[Action Item\] 19. Procurement Month PUBLIC FORUM – Future Meeting Topics The public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at Public Forum. However, City Council may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. ACTION ITEMS Public Hearing process: Land use development applications begin with presentation of the project and analysis of the application by Planning Staff. The applicant is then allowed up to 15 minutes to present their project. Members of the public are then allowed up to 3 minutes each to address City Council regarding the application. Citizens acting as a representative of a Homeowner’s Association may be allowed up to 10 minutes to speak on behalf of represented homeowners who have consented to yielding their time. After all public testimony, the applicant is allowed up to 10 minutes to respond to questions and comments. City Council members may ask questions throughout the public hearing process. The public hearing is then closed, and no further public comment is heard. City Council may move to continue the application to a future meeting or approve or deny the application. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items unless to break a tie vote. 20. Public Hearing for Summer 2021 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date 21. Resolution No. 21-2264: A Resolution Adopting the Summer 2021 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener 22. Public Hearing for Community Development Block Grant (CDBG) Program: Substantial Amendment to Program Year 2019 Action Plan 23. Public Hearing for Cornerstone Dental (H-2021-0009) by 12.15 Design, Located at 3250 N. Leslie Way Approved A. Request: Development Agreement Modification to amend the first addendum of the Champion Park Addition Development Agreement (Inst. #106048480) to remove the provision requiring all future uses to obtain a Conditional Use Permit. Motion to approve made by Councilman Cavener, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener 24. Public Hearing for Ambles Run Subdivision (H-2020-0124) by HomeFound Group, Located ¼ Mile East of N. Locust Grove Rd. and ½ Mile South of Chinden Blvd. Continued to April 20, 2021 A. Request: Annexation and Zoning of 2.88 acres of land with an R-2 zoning district. B. Request: A preliminary plat consisting of 6 single-family residential lots. Motion to continue to April 20, 2021 made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener 25. Public Hearing for Compass Pointe Subdivision (H-2020-0100) by A-Team Land Consultants, Located at the Southwest Corner of E. Victory Rd. and S. Locust Grove Rd. Continued to April 27, 2021 A. Annexation and Zoning of 7.69 acres of land with a request for the R-15 zoning district. B. A Preliminary Plat consisting of 38 residential building lots and 10 common lots on approximately 4.69 acres of land in the R-15 zoning district. Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun Voting Nay: Councilman Cavener ORDINANCES \[Action Item\] 26. Second and Third Reading of Ordinance No. 21-1916: An Ordinance Adding a New Section to Meridian City Code, Section 7-2-2(B)(8), Regarding Prohibited Parking in Front of Mailboxes; Adopting a Savings Clause; and Providing an Effective Date Approved Motion to approve made by Councilman Borton, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun Voting Nay: Councilman Cavener 27. Ordinance No. 21-1923: An Ordinance Repealing Meridian City Code Section 7-1- 14, Regarding Handheld Devices, and Providing an Effective Date Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Cavener 28. Ordinance No. 21-1925: An Ordinance Amending Title 1, Chapter 7, Section 10, of the Meridian City Code, Regarding the Procedure for a Request for Reconsideration of a Land Use Decision; and Providing an Effective Date Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Cavener 29. Ordinance No. 21-1922: An Ordinance (H-2020-0115 – Schnebly Annexation) for Annexation of a Parcel of Land Being a Portion of the Southwest Quarter of the Southeast Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as Described in Attachment “A” and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 0.749 Acres of Land from RUT to R-2 (Low Density Residential) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Cavener 30. Ordinance No. 21-1924: An Ordinance (H-2020-0099 – Mile High Pines) for Annexation of a Parcel Located in the NE ¼ of the SE ¼ of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 17.46 Acres of Land from RUT to R-15 (Medium High Density Residential) (11.44 Acres) and C-C (Community Business District) (6.02 Acres) Zoning Districts in the Meridian City Code; Providing that Copies of this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Cavener FUTURE MEETING TOPICS ADJOURNMENT 9:38 pm Item#2. Meridian City Council March 23, 2021. A Meeting of the Meridian City Council was called to order at 6:01 p.m., Tuesday, March 23, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Treg Bernt. Also present: Chris Johnson, Bill Nary, Joe Dodson, Keith Watts, Todd Lavoie, Sandra Ramirez, Jenna Fletcher, Crystal Campbell, Lacy Ooi, Mark Ford, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader X Joe Borton _X_ Brad Hoaglun Treg Bernt X Jessica Perreault _X Luke Cavener X_ Mayor Robert E. Simison Simison: All right. We will go ahead and call the meeting to order. For the record it is Tuesday, March 23rd. It's 6:01 p.m. We will begin this evening's meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Our next item is the Pledge of Allegiance. If you would all rise and, please, join Councilman Hoaglun in the Pledge of Allegiance. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Our next item on the agenda is the community invocation, which will be delivered by Troy Drake with Calvary Chapel. It looks like he is there, so, Pastor Drake, you are recognized. Thank you for being here. For those that are here if you would like to join us in the invocation or take this as a moment of silence and reflection. Drake: Mr. Mayor, ladies and gentlemen, would you join me in a word. Dear Lord, I was reminded sitting here that Ecclesiastes says you are God in heaven and here I am on earth and so I will let my words be few and, God, just a few things here for this evening. Lord, first of all, I just thank you that we have this -- this city and that it's run by such a great group of people and I just pray for everything that goes on in this building, whether it's the -- the employees or the elected representatives, Lord, that you would give them a lot of discernment and wisdom on how to conduct the city business. Lord, we are praying Page 41 Meridian City Council Item#2. March 23,2021 Page 2 of 70 for safety for our community tonight and every night. Lord, we are thankful for the first responders and those who protect the safety of our citizens and we are just praying that people would pursue peace here in Meridian and that the needs would be met for the hungry and those who are frightened and -- and so, God, we -- we know that you care about every detail. You said that you care if a sparrow falls to the ground and so certainly you care about each person in Meridian, as well as all the businesses conducted here, and so, Lord, we just honor you and give you this night and once again, God, I just pray for Meridian, that there would be continued peace and safety and goodwill towards each other here in this city and, Lord, bless the Council Members here tonight, in Jesus' name. Amen. Thanks for the opportunity. ADOPTION OF AGENDA Hoaglun: Mr. Mayor? Simison: Our next item is adoption of the agenda. Councilman Hoaglun. Hoaglun: Yes. I would move that we adopt the agenda as published. Cavener: Sorry. Second. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. The motion is agreed to and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the March 9, 2021 City Council Work Session 2. Approve Minutes of the March 9, 2021 City Council Regular Meeting 3. Idaho Fitness Factory Water Main Easement No. 1 4. Final Plat for Ascent Subdivision (FP-2020-0018) by Schultz Development, LLC, Generally Located on the North Side of W. Franklin Rd., East of N. Black Rd. 5. Final Plat for Oaks North Subdivision No. 9 (FP-2021-0010) by Toll Southwest, LLC, Generally Located at 6180 W. McMillan Rd. 6. Final Plat for Pine 43 No. 4 (FP-2021-0006) by Kimley Horn, Located at 2255 E. Fairview Ave. 7. Final Order for Lupine Cove (FP-2020-0017) by Matt Schultz of Schultz Page 42 Meridian City Council Item#2. March 23,2021 Page 3 of 70 Development, Located at 4000 N. McDermott Rd. 8. Final Order for Sagewood West Subdivision (FP-2021-0005) by Civil Innovations, PLLC, Located at 1335 W. Overland Rd. 9. Final Order for Sky Mesa Commons No. 5 (FP-2020-0021) by J-U-B Engineers, Inc., Generally Located West of S. Eagle Rd., Midway Between E. Taconic Dr. and E. Lake Hazel Rd. 10. Findings of Fact, Conclusions of Law for Aviator Subdivision (H-2020- 0111) by The Land Group, Inc., Located Near the Northeast Corner of N. Black Cat Rd. and W. Franklin Rd. 11. Findings of Fact, Conclusions of Law for Chewie Subdivision (H-2020- 0120) by Kent Brown Planning, Located at 2490 W. Franklin Road and the Lot Directly North 12. Development Agreement Between the City of Meridian and Baron Ten Mile, LLC (Owner/Developer) for Mile High Pines Subdivision (H-2020- 0099), Located in the Southwest Corner of N. Ten Mile Rd. and W. Pine Ave. 13. Development Agreement Between the City of Meridian and Dennis Creek (Owner) and Hayden Homes Idaho, LLC (Developer) for Tetherow Crossing Subdivision (H-2020-0112), Located Northeast of N. Linder Rd. and W. Ustick Rd. 14. Development Agreement Between the City of Meridian and Oaks Build to Rent, LLC, a Delaware LLC (Owner/Developer) for Oakwind Estates (H-2020-0093) Located at the Northeast Corner of N. McDermott Rd. and W. McMillan Rd. 15. Approval of Sole Source Purchase of Fire Department Garments to Include Honeywell Morning Pride Tail Pant and Coats from Municipal Emergency Services (MES) for the Not-to-Exceed Amount of $60,170.15 16. Cooperative Agreement Between City of Meridian and Valley Regional Transit for Fiscal Year 2021 Public Transportation Financial Contribution 18. Resolution No. 21-2263: A Resolution of the Mayor and City Council of the City of Meridian to Amend the City of Meridian Standard Operating Policy and Procedure Manual by Adding a New Policy 5.7 -Vacation Leave Accrual Rollover Program and Amending Policy 5.5 — Director Page 43 Meridian City Council Item#2. March 23,2021 Page 4 of 70 Benefits Program; and Providing an Effective Date Simison: Next up is our Consent Agenda. Cavener: Mr. Hoaglun? Hoaglun: Yes, Councilman Cavener. Cavener: I would ask that we pull Item No. 17 off the Consent Agenda for just a quick conversation and with that change I move that we approve the Consent Agenda as published. Hoaglun: Mr. Mayor, I would second the motion as amended. Simison: I have a motion and a second to approve the Consent Agenda with No. 17 removed. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the motion is agreed to and the items are passed. MOTION CARRIED: FIVE AYES. ONE ABSENT ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] 17. Finance Department: Annual Fund Balance Transfer Proposal Simison: The one item moved was Item 17, the Finance Department annual fund balance transfer proposal. Councilman Cavener, would you like to be recognized? Cavener: Thank you, Mr. Mayor. And I don't anticipate this is going to be a lengthy conversation. Appreciate the memo that was provided to Council. Just noting that the million dollars that's being moved to the public safety fund, I'm not opposed to that in any way, I just was curious if those dollars are intended to be earmarked for any particular future project or just moved over to the fund to be considered as maybe part of our budget process in the future. Simison: I will ask our CFO if he would like to respond or if you would like me to respond. Lavoie: Mr. Mayor, I'm happy to address the memo if you want me to. Simison: Go ahead. Lavoie: Thank you, Mr. Mayor. Councilman Cavener, the one million dollars that I'm recommending to transfer the General Fund to the Public Safety Fund, as per stated in the memo, is for the future replacements of public safety vehicles. In an analysis of the next five to ten years of public safety vehicle replacements we have over nine million dollars of vehicle needs and apparatus needs. My philosophy is that during the good years you save away for the later years if there are bad years. We had a strong year last Page 44 Meridian City Council Item#2. March 23,2021 Page 5 of 70 year and I think it's -- it would be prudent of us to help out the future Council's decisions and future years as apparatus and vehicle replacements for public safety are in need over the next ten years and that's what the one million dollars would be -- the quote, unquote, as you call earmarked. Again it goes to a fund that will be committed to those purposes only. But that's what the one million dollar recommendation from my desk to your desk is. Simison: And if I could just add onto that. It does not prevent these funds from being reallocated for other purposes in the future should the need arise. There is always that ability to re -- to change them to another fund or other purpose if necessary. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I appreciate that and I appreciate Mr. Lavoie's explanation. I think it's very prudent and thoughtful and agree with the philosophy. We have got a good opportunity to put some dollars away for what we know is going to be a pending need and appreciate staff's recommendation on that. Simison: Any other questions on this topic? If not, do I have a motion? Hoaglun: Mr. Mayor, I move -- Simison: Councilman Hoaglun. Hoaglun: I move approval of the annual fund balance transfer proposal from the Finance Department as presented in Item 17. Cavener: Second the motion. Simison: I have a motion and second to approve Item 17, the Finance Department annual fund balance transfer proposals. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. PROCLAMATIONS [Action Item] 19. Procurement Month Simison: Next item up is Proclamations. Under 19 item is Procurement Month. I will turn this over to Mr. Hoaglun. Hoaglun: Mr. Mayor, since everyone's other than six feet from me I will just dispense with this to read a proclamation. When you use the word procurement several times you have Page 45 Meridian City Council Item#2. March 23,2021 Page 6 of 70 to enunciate clearly on that, so I think that will help. Well, I appreciate the opportunity, Mr. Mayor, to do this proclamation on your behalf. You will be signing it, I understand, so -- but I think it's important when people hear public procurement they might -- you know, their eyes kind of glaze over, but when you think about procurement and the importance to -- to a city, to a state, public entities, you know, it's very important when it comes to the transparency, to the fairness and really to the efficiency of the taxpayers that -- that you have people involved. It is a professional organization that they are part of and they are very up to date and they make sure rules are adhered to and we have that transparency, fairness, and saving taxpayer dollars where ever possible. So, it's my pleasure to read the proclamation from the Office of the Mayor. Whereas the public procurement profession plays a significant role in the efficiency and effectiveness of both government and business and whereas in addition to the purchase of goods and services procurement adds value to the organization by performing such functions as executing, implementing, and administering contracts, developing strategic procurement strategies, and cultivating working relationships with suppliers and other departments within the organization and whereas Idaho government procurement professionals dedicate themselves to providing the best value for every taxpayer dollar and continue to expand their knowledge, skills, and abilities and whereas the Idaho Public Purchasing Association through its members is committed to providing high caliber strategic, logistical and operational support of all agencies associated with the chapter and whereas the IPPA recognizes, supports and practices of public procurement values and guiding principles of accountability, ethics, impartiality, professionalism, service and transparency established by the Institute for Public Procurement. Therefore, Mayor Robert E. Simison does hereby proclaim March '21 as Procurement Month in the City of Meridian and urges the residents of our community to join the Idaho Public Purchasing Association in recognizing the role of the purchasing and materials management profession within business, industry, and government. Simison: Thank you, Councilman Hoaglun. Appreciate you doing that. I would ask Mr. Watts if he has any comments that he would like to add. Watts: Sure. I would like to say thank you, Mr. Mayor and Council Members, for acknowledging the procurement profession. I would like to thank the procurement officers as the unsung heroes behind the scenes of most of the exciting adventures that the city undertakes. You know, we -- we purchase the engineering services for projects, for construction projects, purchase the construction services for projects like the wastewater plant expansion, the new fire station, the police station. So, it's kind of nice to have you guys acknowledge the work that we do behind the scenes. To the general public we are definitely behind the scenes. They don't see our faces. They don't know what is involved. But I know you guys do and I just want to say thank you for acknowledging that and Sandra and I will do our best to continue to keep us in the eyes of our citizens and our vendors in a good light and we strive to be transparent, ethical, fair in all of our doings. So, I just want to say thank you again and see if Sandra has anything to say well. Ramirez: Yes. So, Mr. Mayor and Members of the Council, I personally just want to say thank you for your support for what Keith and I do. It's such a pleasure and an honor to Page 46 Meridian City Council Item#2. March 23,2021 Page 7 of 70 just be a member of the community and do my best ethically for our citizens. So, thank you. On behalf of Keith and I it's a pleasure working for all of you. Simison: Thank you both. We appreciate your kind words. You know, but this -- this is supposed to be in recognition of what you all are doing. So, thanks for your work. Councilman Borton, did you have some comments? Borton: Yeah. Mr. Mayor, thank you. I might have mentioned this to Keith. Sandra, don't-- I haven't had a chance to share it with you, but you may already know this, but we hear from around the state when folks talk about procurement and how municipalities can properly run their finances that what is Meridian doing. Your team over there is recognized throughout the state, if not the west coast, as the best of the best. There is just no question in the legislature in session -- I know we have talked about this, Keith, with your work down there and year after year. Everybody knows Meridian is the place. Meridian is tip of the spear in knowing how to properly run procurement, bidding, every facet of what you do. So, that's just really impressive. It makes us all feel really great and proud of your accomplishments. So, this proclamation is certainly well deserved, so thank you both and the whole team. Watts: Thank you, Councilman Borton. Simison: Again appreciate all you guys do and now I will let you get back to the rest of your evening and you know we would have loved to do this at 4:30, but appreciate you making yourself available at 6:00 for this purpose. Watts: Thank you, Mr. Mayor. Ramirez: Have a good evening. PUBLIC FORUM — Future Meeting Topics Simison: Thank you. Next item on the agenda is the public forum. Mr. Clerk, do we have anybody signed up under this item? Johnson: Mr. Mayor, we did not. Thank you. ACTION ITEMS 20. Public Hearing for Summer 2021 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Simison: Okay. Then with that we will move into our Action Items. First item up is a public hearing for Summer 2021 fee schedule of the Meridian Parks and Recreation Department. I will open this public hearing with staff comments. Page 47 Meridian City Council Item#2. March 23,2021 Page 8 of 70 Fletcher: Thank you, Mr. Mayor, Members of Council. In front of you in Exhibit A you see our fee schedule for summer 2021. These will go into effect if passed on April 9th. Simison: Thank you. Council, any questions for staff? Okay. Seeing no questions, this is a public hearing. Mr. Clerk, did we have anybody sign up to testify on this item? Johnson: Mr. Mayor, I do not believe so, but I am checking now. There is nobody signed up. Simison: Okay. Is there anybody in this room that would like to come forward or if you are on the Zoom call if you can use the raise your hand feature and we will bring you in for any comments you would like to make. We do have several attendees. Seeing no one raising their hand to provide testimony, Council, do I have a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we close the public hearing on the summer 2021 fee schedule. Hoaglun: Mr. Mayor, second the motion. Simison: I have a motion and a second to close the public hearing for the fee schedule. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. 21. Resolution No. 21-2264: A Resolution Adopting the Summer 2021 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Simison: Next item is Resolution No. 21-2264 regarding that same schedule. Council, what is your pleasure? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move that we approve Resolution No. 21-2264 adopting the summer 2021 fee schedule. Hoaglun: Mr. Mayor, second the motion. Page 48 Meridian City Council Item#2. March 23,2021 Page 9 of 70 Simison: I have a motion and a second to adopt Resolution No. 21-2264. Is there any discussion on the motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I know that they are required to bring this fee schedule to us before publishing our rec guide, but just as a side note I really appreciate seeing what different classes and programs the city is offering. Really excited to see rock climbing be introduced. I think that's going to be something that is going to be really supported by our community and love how our Parks Department is always looking for new and innovative programs to serve our community. So job well done. Fletcher: Thank you. Simison: Council, any further comments or questions? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Thank you, Jenna. Have a good night. Fletcher: Thank you. 22. Public Hearing for Community Development Block Grant (CDBG) Program: Substantial Amendment to Program Year 2019 Action Plan Simison: Next item on our agenda is a public hearing for Community Development Block Grant Program substantial amendment to program year 2019 Action Plan. Open this public hearing with staff comments. Campbell: Thank you, Mr. Mayor, Members of Council. I do have a brief presentation to share with you tonight. It's just a quick overview of what the changes are to our action plan and, then, moving into the public hearing. So, we are here to amend this plan right now. The purpose --the purpose for the amendment is to accept the additional Cares Act funds and we also want to use a small amount for administrative activities, so that we can provide some outreach and identify at year end what the gaps are and services that we are providing and what other funding sources haven't been able to cover yet. We also are using this amendment to increase the funding for public services. So, to make these changes -- or to accept funding we have to make changes to our action plan and a quick overview of those changes. Basically any area where we talked about our process for community involvement, we updated that to include these pieces. We also included the additional funding in all the appropriate areas and we updated the funding allocated to public services and including -- included funding from the Cares Act for admin. So, at the time you received your packet, then, we only had three public comments. The first one Page 49 Meridian City Council Item#2. March 23,2021 Page 10 of 70 was really nice feedback, so that it was a well thought out plan. We also received a comment recommending that we don't accept the funding, that this is part of the bigger issue and that we are becoming too dependent on the government. Our overview and our actual action plan has the full comments that were included, as well as my response, but if you want to stop me for any questions on any of these, please, feel free to do so. And, then, we also had a pretty good discussion at our last presentation just regarding our ability to spend the funds, because it was a little bit difficult this first year to spend all of the funds that we have allocated so far. Since this was sent out to you we also received one more e-mail and there were kind of four areas that were addressed in this e-mail. The first one there was some confusion about the origin of the funding and why we were including it in a PY 19 action plan when the Cares Act funds came out in 2020. So, I kind of explained that to this person. There was also some concerns that there was funding left over and that we haven't spent it and they had thought that we were holding back on the funding and not putting all the funding out there to spend, so -- so, I just kind of explained to them that we were trying to spend it, it just wasn't able to get out the door, but it was allocated. They also had some great ideas around incentives for people receiving vaccines that I will forward on to any -- any partners that we end up having that do mobile vaccine clinics or anything like that and they also talked a little bit about their frustrations about the mask requirements not being enforced in Meridian. So, those were all of the public comments that I have received up to this point and that final one that will be included in the finalized plan that you guys will see. So, moving forward, our next steps. Tonight is our public hearing and, then, we will close the public comment period. On April 6th I will provide you with the finalized action plan and a resolution for you to adopt it and, then, right after that I will be able to submit it to HUD. And with that I will stand for questions. Simison: Thank you, Crystal. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you, Crystal. You know, I read through the comments and I think it's important that we are not just looking to spend money; right? So, if we identify a need and we are unable to deploy those funds ultimately what happens to the Cares Act funding? Campbell: If we are not able to spend it within the six year requirement, then, it will just go back to the federal government. So, it's not like it will just be dissolved within the city budget or anything. We either use it or it's sent back. Strader: Thank you. Simison: Council, any further questions or comments? Okay. This is a public hearing. Mr. Clerk, did we have anybody sign up to testify on this item? Page 50 Meridian City Council Item#2. March 23,2021 Page 11 of 70 Johnson: Mr. Mayor, we did not. Simison: Okay. Is there anybody in the audience who would like to come forward and provide testimony or anybody online? If you are online if you can use the raise your hand function on Zoom we can bring you in for any comments. I'm not in the room, so I don't see anybody coming up and no one on Zoom is raising their hand. So, with that, Council, do I have a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move that we close the public hearing on the Community Development Block Grant programs substantial amendment to program year 2019. Borton: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion on the motion? If not, all in favor signify by saying aye. Hoaglun: Mr. Mayor? Simison: Opposed nay. Cavener: Mr. Mayor, I haven't voted yet, because I think Council Member Hoaglun at least had a question. Hoaglun: I had a question, Mr. Mayor. I was trying to get my microphone unmuted. I just wanted to double check with Crystal. Is -- is comment-- are comments still accepted until April 6th? Did I understand you saying that? Or we will vote on April 6th? We are just closing the public hearing and, then, we will do the final vote on April 6. Campbell: Correct. Hoaglun: Okay. That's what I want to clarify. Thank you. Sorry about that. I'm an aye, Mr. Mayor. Simison: Okay. Cavener: As am I, Mr. Mayor. Simison: Okay. Well, the ayes have it. The public hearing is closed. We will see this back in two weeks for further action, so -- okay. Thank you, Crystal. MOTION CARRIED: FIVE AYES. ONE ABSENT. Page 51 Meridian City Council Item#2. March 23,2021 Page 12 of 70 23. Public Hearing for Cornerstone Dental (H-2021-0009) by 12.15 Design, Located at 3250 N. Leslie Way A. Request: Development Agreement Modification to amend the first addendum of the Champion Park Addition Development Agreement (Inst. #106048480) to remove the provision requiring all future uses to obtain a Conditional Use Permit. Simison: All right. Moving on. Next item up is the public hearing for Cornerstone Dental, H-2021-0009. We will open this public hearing with staff comments and I will turn it over to Joe. Dodson: Thank you, Mr. Mayor. I'm just getting my presentation going. Can everybody see it? Awesome. As noted, the first item tonight is for Cornerstone Dental. The site consists of .79 acres of land currently zoned C-N, located at 3250 Northwest Leslie Way, which is approximately a quarter mile west of the Eagle-Ustick intersection. It was annexed in 2002 and, then, later rezoned in 2005. The applicant is proposing to amend the first addendum of the Champion Park Addition Development Agreement to remove an existing provision of the original agreement, which is part of the addendum. The existing provision of the original DA is still valid, because it is attached to the amended one as an exhibit. The existing provision requires that all future commercial uses obtain a CUP, a conditional use permit. The subject site is the last remaining undeveloped commercial property within this subdivision. The property is zoned C-N, which is neighborhood business district, and the proposed use is a new two tenant commercial building, with the main user being a dentist office. The proposed use of a dental office is a principally permitted use under current development code within the C-N zoning district. The existing DA provision specifically points out limiting hours of operation as the reasoning for requiring a CUP. Current development code within the C-N zoning district already limits the hours of-- to 6:00 a.m. to 10:00 p.m. Staff finds that the already limited hours within the zoning district in conjunction with the location of the site to be sufficient for future development and provide adequate evidence to remove the existing provision. In addition to the request for the DA modification, the applicant is requesting a Council waiver to reduce the required landscape buffer along the eastern property line from 20 feet to 15 feet to match the existing buffer that is already existing along the east boundary and adjacent to the existing office building to the south. The property to the east of the site is a multi-family development and there are approximately two structures directly abutting the site. The reason for the waiver request is to accommodate a wide enough drive aisle that allows two-way traffic and can also meet the Fire Department access radii. Furthermore, there is only a portion of the required buffer that is actually adjacent to the noted drive aisle that truly requires the reduced buffer, which is really just this section here. The applicant is showing more than the required 20 foot buffer width to be landscaped beyond this area. There was no Commission action, because this is a development agreement modification, so it came straight to Council, but staff does recommend approval of this DA modification with the findings and conditions noted in the staff report and I will stand for questions. Page 52 Meridian City Council Item#2. March 23,2021 Page 13 of 70 Simison: Thank you, Joe. Joe, one question I had -- and maybe this is for legal -- is by removing this if there is any redevelopment on the property does that remove that activity for the entire property in the future? Dodson: Mr. Mayor, in relation to requiring a CUP for any new conditional -- or any commercial use, yes. Simison: I was just curious if that would be common practice in the -- for a situation like this or is a redevelopment likely going to require some sort of future Council action should they choose to do it? Dodson: Mr. Mayor, future Council action would likely be uncommon, just because it's already zoned, so we would rely on the underlying zoning to take care of everything and probably do everything through a CZC, change of use, or administrative level changes, unless it is a use within these zones, which are C-N for this property and C-G on the southern property, which they do share the parking lot. Unless those -- there is a conditional use within those zones, which from staff's perspective we are -- we are fine with that. We don't see the redevelopment requiring any major action. Simison: I will leave that to Council for-- to chew on -- on that value from that standpoint. Council, any questions for staff? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Joe, just for clarification staff's also supportive of the waiver for the buffer? Dodson: Councilman Cavener, that is correct. Strader: Mr. Mayor? Simison: Councilman Strader. Strader: Thanks, Joe. Just wanted to check and make sure that a conditional use permit would still be required for a different type of use. Top of mind would be a nightclub, but -- you know, that's not a great example, but I just want to make sure that that doesn't stop the need for a future conditional use permit for something that's not permitted specifically under this zoning. Dodson: Council Woman Strader, thank you for that--that comment. But, yes, according to whatever zone it is, if there is a conditional use permit required, then, yes. It doesn't prohibit conditional use permits period, but just removing the provision that any future use would require a CUP. So, for example, the dental office that is proposed here, it's a principally permitted use, but because of the provision they would be required to do a Page 53 Meridian City Council Item#2. March 23,2021 Page 14 of 70 CUP or modify the development agreement to just remove that need, since this is going to be the last undeveloped site in the subdivision. Strader: Thank you. Nary: Mr. Mayor? Mr. Mayor? Simison: Mr. Nary. Nary: Yeah. Mr. Mayor, Members of the Council, maybe to provide some additional context. It was very common for the city when we annexed these parcels in back in that time period that we required it when there was no development plan for the entire center at the time. So, that was a fairly common practice. It's not a very common practice now, because most times the Council wants a development plan for the --the commercial area so you have an idea what's going to be there and, then, only a CUP is required for the types of uses that require a CUP. So, Joe was correct, it would still be required for certain types -- certain types of drive throughs where they are located in and certain types of things like that, but this was common then, but as Joe said, this is the last piece left in this particular one and that's why it was probably like that to begin with. Simison: Thank you. And that's probably the question I should have asked is why this would have been done in the first place. Council, any further questions? Okay. This is a public -- well, I will -- the next step is our applicant and we will recognize the applicant. Is it going to be Jessica or -- I don't know if they are in the room or on the phone. Okay. Cavener: She's coming up, Mr. Mayor. Simison: Okay. Thank you. And you are recognized for 15 minutes. Johnson: He's bringing up your presentation and you will be able to control through once it's shared. Simison: If you can start with your name and address when you are ready, that would be great. Petty: Basically I'm just here to kind of backup what Joe said. We are just asking for the landscape buffer to be reduced to the 15 feet. Could you go to the next slide? Hoaglun: Jessica? Petty: Yeah. Hoaglun: Introduce yourself. Your name and address. Petty: Oh, yes. I'm sorry. I'm Jessica Petty. I am an architect with 12.15 Design and so I worked on the site plan and the building for Dr. Tuft's building here in Meridian. Page 54 Meridian City Council Item#2. March 23,2021 Page 15 of 70 Hoaglun: Thank you. Petty: Can you go one more? There we go. So, this -- this right here shows the overlay of the existing site with our proposed site. So, here you can see -- I guess I can't -- but it -- it shows how the landscape buffer -- we are just asking to continue this across, just to create a straight line as to help with traffic flow, as well as mainly getting the fire trucks in and out of that and, then, to -- yeah, to keep our parking count the number that works for the uses of our building. Simison: Council -- is that all, Jessica? Petty: Yes. That's it. Thank you. Simison: Council, any questions for the applicant? Okay. Thank you very much. This is a public hearing. Do we have anyone signed up to testify on this item, Mr. Clerk? Johnson: Mr. Mayor, nobody signed up in advance or in the room in advance. Simison: Okay. If there is anybody that would like to provide testimony in the room, please, come forward to the podium at this time or if you are online or you would like to provide testimony, please, use the raise your hand feature and we will bring you in. Seeing nobody wishing to provide testimony, would the applicant like any final comments? I'm hearing a no shaking of heads. With that, Council, do we have a motion to close the public hearing? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move that we close the public hearing on Item 23, development agreement modification H-2021-0009. Borton: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Cavener: Mr. Mayor? Simison: Councilman Cavener. Page 55 Meridian City Council Item#2. March 23,2021 Page 16 of 70 Cavener: I move approval of Item 23, Development Agreement Modification for Cornerstone Dental, H-2021-0009, as presented by staff, including the public testimony from the applicant. Borton: Second. Simison: I have a motion and a second. Is there any discussion on the motion? If not, clerk will call the roll. Roll call: Bernt, absent; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 24. Public Hearing for Ambles Run Subdivision (H-2020-0124) by HomeFound Group, Located '/4 Mile East of N. Locust Grove Rd. and % Mile South of Chinden Blvd. Continued to April 20, 2021 A. Request: Annexation and Zoning of 2.88 acres of land with an R-2 zoning district. B. Request: A preliminary plat consisting of 6 single-family residential lots. Simison: Thank you, Jessica, for being here and good luck on the project. Next item up is a public hearing for Ambles Run Subdivision, H-2020-0124. I will open this public hearing with staff comments and turn it over to Joe. Dodson: Thank you, Mr. Mayor. It's the Joe show tonight, so I will be doing all the projects here. The subject property tonight for this application, Ambles Run Subdivision, consists of 2.8 acres of land located on Lot 26, Block 1, of the county subdivision Dunwoody Subdivision. It's approximately a quarter mile east of Locust Grove and a half mile south of Chinden Boulevard. It is at the terminus of Chopin Avenue, which is within the Vienna Woods Subdivision directly to the south. To the north is county residential and an open space lot within the Dunwoody Subdivision. To the east is county residential and one of the homes in the Dunwoody Subdivision. To the south, as noted, the Vienna Woods Subdivision, R-4 zoning, and detached single family residential and to the west is an additional county residential lot. There is no history with this property with the city and, therefore, they are requesting annexation and zoning and a preliminary plat. As noted the applicant is requesting the annexation of land with a request for the R-2 zoning district and a preliminary plat consisting of six single family residential lots. The property lies within the low density residential future land use designation, which allows single family dwellings at a gross density of less than three units per acre. The proposed project meets both the allowed use and density requirements of the requested zoning and future land Page 56 Meridian City Council Item#2. March 23,2021 Page 17 of 70 use. The proposed density should function as a transitional density from the Vienna Woods Subdivision to the existing Dunwoody Subdivision. Staff finds the proposed density as -- as presented is appropriate, in addition to meeting our Comprehensive Plan. Access into the site is proposed via extending Chopin Avenue as noted from the south. That is the only available point of access into the site. The applicant is proposing to provide parkways with street trees along both sides of the Chopin Avenue extension. Due to the size of the subject site being less than five acres there is no minimum open space requirement. However, staff is recommending the applicant revise the landscape plans to show a ten foot parkway, instead of eight foot, to increase the available open space of the project and have wider planter beds that usually provide for healthier trees and you can actually provide larger trees. Creating open space at this level is not required by code, but staff believes it helps the project meet the spirit of the code and allows for even more of an identity for this small subdivision. In addition to the wider parkways staff originally recommended a revision to the road layout to provide a stub to the western boundary. Staff was hopeful that ACHD would allow a reduced street section for this stub, but ACHD did not allow this. Following decision -- discussions with ACHD and the applicant staff discussed with the Commission that removal of the recommended layout revision is acceptable. Commission agreed and modified the recommendation of approval by removing the requirement to provide this stub street. Asubmitted landscape plan also shows a raised berm with relatively full landscaping along the rear of the building lots. This landscaping on private lots is not regulated by code and, therefore, staff does not recommend adding any provisions regarding this landscaping. The applicant intends to maintain this berm and landscaped area through the HOA and subsequent CC&Rs that the city does not regulate. Staff believes this is the appropriate way to regulate and maintain the proposal landscaping on the private building lots. The Commission did recommend approval of the subject applications as noted with the modification of not requiring the stub street to the left-- or to the west. At the Commission hearing there was a number of public testimony. There was only one item of written testimony for the Commission hearing. Key issues of the public testimony was regarding this lot and the Dunwoody Subdivision. First, that the lot in question was never properly split from the HOA and does not meet their CC&Rs. That the proposed project does not comply with the existing HOA CC&Rs and their lot size requirement and a question of if it is a -- an issue for the city to be involved in. The legality of the property split of Lots 20 and five -- and 25 to six -- I'm sorry -- Lots 25 and 26 to create the property currently requesting annexation and preliminary plat and the potential working with the future development of adjacent properties to the west and the north to limit some of the CC&R issues discussed to include some revisions of the layout. The Commission discussed all these points in depth and as I noted they recommended to recommend approval and to strike any conditions regarding the western stub street. As noted in the Commission hearing and previous decisions by legal counsel and everything that the CC&Rs issues are a private matter and not a city matter and that they should be discussed in the civil realm and not within the public hearing realm. After that, since the Commission hearing, there were two pieces of public testimony submitted. One being from the Dunwoody HOA treasurer, which was a rebuttal to the e-mail shown by the applicant. She states that the e-mail was misleading and that Pioneer Title was not involved in the sale of the property in question and, then, Mona Tippets, who was also noted in an e-mail regarding the Lot 26, and she Page 57 Meridian City Council Item#2. March 23,2021 Page 18 of 70 disputes that the Lot 26 was legally split from the HOA and directly rebuts the e-mail shown by the applicant as well. After that I will stand for questions. Simison: Thank you, Joe. Council, any questions for staff? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thanks, Mr. Mayor. Joe, apologies if this was covered in the staff report, but missed this piece about the berm and the landscape on the borders. Can you talk me through it a little bit? I mean it's going to be maintained by the HOA through the CC&Rs, but, again, as I'm looking at it it's essentially these potential lots' backyards. Can you help me understand what the strategy is or how that's going to be achieved? Dodson: Councilman Cavener, that's a great question and that is why--well, let me back up. Yes, it is on the private lots on the -- in their backyards. Because of that as you know, whereas in code the city doesn't regulate that. You --whatever trees are on your property are on your property. So, the city does not want to put provisions in there that are going to require maintenance of it or put an easement or anything like that when it's on somebody's private property. So, that's -- I discussed with the applicant that they intend to regulate that through their CC&Rs, so that should be with their HOA and their CC&Rs and if they end up changing it and removing it that's on them. Staff doesn't find that this is necessary. This was one way that they were working with the adjacent landowners to try to buffer and screen the properties considering it's three properties against one, which is amenable, but, again, city code does not regulate private property landscaping, so we don't want to get involved in that. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I just -- we are not recording this, they put it on their own plan to demonstrate what they intend to do, but it's not a response to the type of requirement that we have got. Dodson: Councilman Cavener, that is correct. Cavener: Got it. Thank you, Joe. Dodson: You are welcome. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Page 58 Meridian City Council Item#2. March 23,2021 Page 19 of 70 Perreault: Joe, so can you walk through -- so, we have an application for annexation and zoning and a preliminary plat. If the applicant isn't successful in coming to some sort of arrangement -- negotiation with -- with the homeowners association for the lot sizes and/or, you know, there is -- there is some scenario that comes to be that this doesn't ultimately work out, what happens with the -- essentially can the -- does the applicant have an obligation to come --withdraw that plan or can they just wait for a couple of years and it runs out or -- like how will this work with this -- it just seems like there is a lot of -- and like you said, Council doesn't have any interest in -- in anything to do with the CC&Rs whatsoever. But my question is is -- it seems like there are a lot of things that are -- that are outside of our involvement that the applicant is banking on to make this successful. So, what ultimately happens if we -- two things. One, if we were to approve the annexation and zoning, but not the preliminary plat until there were more -- there was more definitive circumstances or if we were to approve the preliminary plat, but nothing -- you know, nothing ultimately comes to be with it. Would this just expire essentially? Dodson: Council Woman Perreault, I will probably default to Mr. Nary on a lot of that. I don't want to misspeak. But, in short, the -- the city approving the preliminary plat as noted has nothing to do with the existing Dunwoody CC&Rs, because once they are annexed into the city they are now bound by our city code and our zoning code, not the old CC&Rs. That doesn't mean the old CC&Rs go away for the existing subdivision, but just for this property. If the plat is approved and the applicant gets sued, that is outside of the city's control. That is not our purview, but -- and that's why I have noted repeatedly that that's a civil issue. The plat could sit there for two years and if they are part of that legal issue is that the plat never gets recorded, then, yeah, it would -- it would die and it would be done. They could also ask for a time extension and keep working this out. But, again, a lot of that is a civil issue and the city should not be involved. Perreault: Mr. Mayor, follow up? Simison: Council Woman Perreault. Perreault: I looked all through the file and I couldn't find a bigger picture map of where -- of how this fits into all the surrounding property. Is -- you know, what's in the northwest, to the west. There was some mention of it in the staff report, but I didn't really see anything that -- that showed me just the parcels directly around it and how this fits in. But that being said, is that -- are the -- are the properties -- the parcels to the north, to the west, are those county subdivisions then? Because you are saying that when -- if it were to get annexed in the City of Meridian, then, the CC&Rs will no longer apply, is that because the -- the parcel is now in the county? Dodson: Council Woman Perreault, that is -- Perreault: I mean in the city? Dodson: Yes, ma'am. That is correct. The exist -- as you can see on this map here all of the white means that it's rural urban transition, which is part of the county. So, directly Page 59 Meridian City Council Item#2. March 23,2021 Page 20 of 70 to the east and surrounding it, basically, these are all the Dunwoody Subdivision. This is an open space lot that they did a lot line adjustment years ago to reduce the acreage of it. But, nonetheless, it's still a legal lot within the subdivision. Once it gets annexed, then, yes, those existing CC&Rs, from the city's perspective, do not regulate development. It's our zoning code and our ordinances that regulate the development. So, yes, to your answer it is county and, then, it would be part of the city, so that's why the CC&Rs would not apply. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I have a question for Mr. Nary. Since this is -- I understand that we are not involved in a civil matter, but I want to understand if-- if we do not believe -- if-- if it is not clear that the basis of the lot split was legal, is the burden of proof on the applicant to show the city that they have a legal basis for annexation and approval or who -- how does that play out legally? Nary: So, Mr. Mayor, Members of the Council, Council Member Strader, that's a great question. So, to apply to even do this they do have to have planning reviewed as well and make a determination that it is a legal lot that can be developed in the city and we do occasionally run into situations where people bring forward a lot that was illegally split in the county and we will refer them back to the county to fix that problem prior to them being able to even file the application. So, it has been reviewed by Planning to this point and Planning believes that it is a legal lot split and is valid. Certainly that's a good question to the applicant if you have that concern. Secondarily, if you look at the -- the drawing that's up to -- the one that's to the left of the aerial is the -- a city zoning map and you will notice that the first two lots that are adjacent to Locust Grove that are R-2s are in the city and they were part of the Dunwoody Sub. So, we have annexed portions of this sub prior to today for reasons that, you know, were requested back then. So, this is not that unusual. The fact there is a dispute is a little bit unusual and they haven't been able to work that out. But, certainly, Joe is correct, if we have -- you have the absolute right to annex this and consider it if you wish. You can grant the request for the preliminary plat. The risk is on the property owner. If the Dunwoody Sub believes that they either can't split it off the way they have, that they believe the lot split was illegal or they believe development under city standards would violate their CC&Rs and they believe the property owner is still bound by them, that is a civil dispute between them and not the city. It is, as Joe stated, potential that it may hold up the development and if it holds it up long enough the plat could expire. I think to answer Council Member Perreault's earlier question, could they bring something else differently back. Well, again, if they want to develop it based on this layout they will have to show a development plan substantially compliant with what they have submitted. So, they can't come back with two or one when that's not what's been approved without the Council re-addressing it, so -- because it wouldn't be in substantial compliance. What happens often as you know--well, I'm sure that in a lot of development the lot sizes change slightly, you know, 18,000 square feet becomes 17 or 16, one becomes 19. So, that kind of stuff happens a lot and those are the things that make it Page 60 Meridian City Council Item#2. March 23,2021 Page 21 of 70 substantially compliant. But to answer your question, Planning believes it's a legal lot. Certainly that's a fair question to ask the applicant if you have that concern. If you believe as a Council that you don't want to be in -- and you want this all resolved cleanly and that the Dunwoody Sub is not objecting to it, you are certainly welcome to not annex it. You are not obligated to annex it either. So, I think that's really, again, a question for the applicant. Strader: Thank you. Dodson: Council Woman Strader and Council, just to continue on that, I may have misspoken in previous meetings, as well as in my staff report, that the lot split, meaning Lot 26 and 25, was an issue. It is my understanding that Lot 26 has existed and there was a lot line adjustment to move the lot line, but that there was no split of it. The split is referring to it being removed from the Dunwoody HOAand meeting those standards. That is my understanding of it. There was a record of survey done. I don't remember the year. 2005 1 want to say. It might be -- I might just be making that up. But that is a legal document showing the lot lines being moved from existing lots. That these -- this lot and a lot directly north were open space lots of the Dunwoody Subdivision. That is my understanding. But, again, I do believe that the applicant will speak to that as well. Simison: Council, any further questions for staff? Okay. I will ask the applicant to, please, unmute themselves and if they can state their name and address for the record they will be recognized for 15 minutes. Miller: Hi, there. My name is Michael Miller and I am at 6300 Tierra Lane, Boise, Idaho. Can you guys hear me okay? Simison: Yes. Miller: Okay. Great. May I share my screen with you? Thank you. Dodson: You should be able to share now, Michael. Miller: Okay. Thank you. There we go. Okay. Can you see my screen? Okay. Okay. Thank you, Mr. Mayor and Council Members, for this opportunity to present our project to request annexation and the zoning district of R-2 for six detached single family residential lots. As Joe stated and pointed out, this parcel right here is between the Dunwoody Subdivision and the Vienna Woods Subdivision to the south. This gives a little bit clearer a map of where we are. This is the Dunwoody Subdivision along this winding road. These pieces to the north and to the west are unplatted. They are rural urban transition and these neighbors do have a plan to develop as well. Like Joe said, this parcel right here is an outparcel of the Dunwoody Subdivision. Originally when the subdivision was first platted each of these residential lots, as you can see, came with an open space lot behind it and so the largest open space -- space lots, not including Lot 16 over here, but our -- our -- is our property here, Lot 26 and Lot 28. So, these open space lots right here were intended to stay with the subdivision for a period of 20 years and once that period expired Page 61 Meridian City Council Item#2. March 23,2021 Page 22 of 70 they would be able to be subdivided and the subdivision in the CC&Rs should be as follows: That Lot 26 and Lot 28, they may be subdivided under the following conditions: One. That it is in accordance with the jurisdiction of the governmental entity at the time and that those lots be one acre and, obviously, our lots are not one acre, but we did have a lot line adjustment in 2005, the one that Joe was referring to. Both of these lots -- open space lots, Lot 26 and Lot 28, were adjusted and .12 acres was taken from Lot 26 and given to Lot 25 and when we spoke with Title about this -- because the issue did come up, the issue about the separation of the lots came up with the title company at the time of the purchase and sale of Lot 25, which now is held by Dale Hope -- title to Lot 25 is held by Dale Hope and Lot 26 still remains with us. During that sale, the separation of those lots when it came to question and the lot line adjustment was considered by the title company an actual subdivision of that piece. It was -- it satisfied these two pieces. It was subdivided into 2.8 acres, which is an acre and that is now a residential lot. You know, when that sale took place in 2019 we actually didn't have a plan for the land. It's just open space right here. We actually offered to sell the land back to the homeowner here, Dale Hope, and offered him to buy it. He declined. We went to the county to just see what we could do. The county won't provide services, as you know, because the property in question is less than five acres and so they won't allow you to have a well and septic. So, in order for any potential homes on the parcel here to be developed we need services from you guys and so our initial plan actually was to have eight -- sorry if this is making you dizzy. Our initial plan had eight lots, because the contiguous zoning next to us was Vienna Woods, which was R-4. So, we came up with eight -- eight lots. We went to Dunwoody first and said this is our plan. They said, you know, we don't like it. I presented with them an option to de-annex the land to clear up any complications with the CC&Rs. They took the annexation to vote. They voted no, but they never included us in that vote. They haven't included our piece of land or our-- us as property owners in a vote for over two years. Now that we are going forward with development they are pushing back. They asked that we change our zoning request and decrease our lot sizes -- or increase our lot sizes and decreasing our density and we complied. We changed our zoning request to R-2. These are about half acre lots as you can see and Joe explained the plan really well. You know, it's a small -- small piece of land. We want it to be a good transition between the two neighborhoods. We have intended a three foot berm with 96 pieces of vegetation on each side to provide a privacy buffer. The fence here will be cedar fence. The lots will be big. We are open and appreciative of staffs recommendation for the eight foot walkway to be extended to ten. Excuse me. Parkway. And so we will be happy to change that in our plan to help meet some of those open space requirements. And these are kind of an idea of what we have. They are single level homes, at least on the eastern side as close to Dunwoody and we will be happy to put that into the development agreement. They are going to be on big lots, nice single level homes, at least 2,100 square feet. We believe there is a good market for this in Meridian. I think there was only 16 new construction homes sold above .4 acres in 2020. Some of these are actually award winning designs and so the potential for some really beautiful homes is there on our parcel. The -- oh, and an interesting piece is that there was about 1,200 that were less than .4 acres. So, I think that there is a market for what we are trying to do. We also are very aware of the Dunwoody -- you know, they -- that we -- we have tried to work with them. We have spoken with them on many occasions. We decreased our lot sizes. The Page 62 Meridian City Council Item#2. March 23,2021 Page 23 of 70 legality of our lot split is really not for this platform. I'm happy to answer any questions about it to address any -- any, you know, potential concerns, but, you know, the burden of proof is on them. We legally split that lot. It's now a residential lot. It needs to get services to be developed and that's -- that's our stance. That's Title's stance. If the Dunwoody would like to, you know, pursue those concerns further we are still open to that. You know. And, then, the other potential that the Commission recommended is that we work with the neighboring developers and this is sort of an idea of what we have for the entire piece. Our piece still being these six lots. But they will get access from Dunwoody up here and we will exit through Chopin here. And this is sort of the possible future plan. This is a rough draft. This is not-- I'm not speaking for them, but this is what we have had in conversations with them. Another point I would like to make is that this parcel, although it was part of Dunwoody at one point, it has no access through Dunwoody. All of the traffic will flow down Locust Grove through Strauss and up to Chopin ending in a temporary cul-de-sac here until these guys develop. So, there will be very little impact on the Dunwoody Subdivision. And with that if-- oh, I would also like to point out that Lot 16 was a part of Dunwoody as well and Lot 5. So, there is precedent for these lots being separated from the sub -- from Dunwoody and annexed into Meridian and zoned, splitting into various different size lots and I think with that I will stand for questions. Thank you very much for your time. Simison: Thank you, Michael. Council, any questions for the applicant? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you, Mr. Miller. This was a much -- much more helpful than what I -- what I was able to review in the file. I appreciate seeing what the anticipated look is of the surrounding properties possibly and my question, then, is -- I understand that -- that you have had conversations with the surrounding property owners and that you are further along in your process than they are and did not want to hold up your application until they got to the point that they were bringing theirs forward and if you can't answer this and they are here in the meeting that would be really helpful that they can answer it for us. But could you give us an estimate of the time frame for these other potential applications and is -- are there different -- different groups that are coming with applications for each of these parcels or is there all another collective developer that will be working with the other three? So, kind of just give us an idea of how your timeline would match up with theirs. Miller: Yes. Thank you for the opportunity. They are working together. These -- each of these homeowners. There is three different parcels. They will be working together. We met with them to discuss working together, but the cost benefit of withdrawing was significant with marginal changes in our plan. But this is sort of the cohesive plan that we came up with recently. If we had -- we have drawn, they are ready to submit right now. They have already pre-app'd. Their intention is to move in right behind us. Our piece right here is integral in any future development, because all of this stubbing comes from Page 63 Meridian City Council Item#2. March 23,2021 Page 24 of 70 Vienna Woods right here and so for them to get access to these utilities we would have to come in first. So, we are continuing to move in first, but they are ready to go right behind us as well. Does that answer your question? Perreault: Yes, it does. Thank you. Miller: Thank you. Cavener: Mr. Mayor? Simison: Was that Councilman Cavener? Cavener: It was. Thank you, Mr. Mayor. Mr. Miller, if I recall, one of the recommendations coming from the Planning and Zoning Commission was that you reengage with the neighbors of the Dunwoody Subdivision. Miller Yes. Cavener: Just if you can summarize what engagement looked like post Planning and Zoning Commission and what -- maybe summarize the synopsis of the conversation. Miller: We sent a-mails and we didn't get a response. You know, it's difficult -- we -- grew up on this piece of land here. This is -- this is our home. You know, we watched the Vienna Woods come up and, then, later when David Dean decided to do Three Quarters Ranch. So, we understand the sensitivity of the Dunwoody Subdivision to preserving the feel of their -- their neighborhood and growth is happening at a really quick rate and so, you know, it's difficult I think for some people, but we went to them first and we have continued to try to communicate with them. We changed our plan based on their request. After Commission the communication just died off and so -- Cavener: Okay. Miller: -- we did reach out, but we didn't have much success there. I apologize. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I would like to get, Mr. Miller, your reaction to the piece of public testimony from Ms. Tippetts, the former HOA president, at least in my mind it kind of calls into question whether the lot split legally happened. We like to support our HOAs in general that are in Meridian. You guys are part of an HOA. I mean can you give me some reaction to that piece of public testimony that was recently received? Miller: Yeah. So, you know, I -- like I said, I don't want to -- I wouldn't -- I'm happy to answer all of these questions and go from there. Their concerns about the legality of the Page 64 Meridian City Council Item#2. March 23,2021 Page 25 of 70 split -- it's -- it's difficult because we -- the burden is on them. We stand legally owning that land. There was a conversation -- this is a piece of e-mail prior to the e-mail that she's rebutting. It was in concern with the title company. They said that the Dunwoody Subdivision said you can't split your lot, you know, and now the title company had come to my mother at the time and said apparently there are no issues with the CC&R and so she said that we need to put everything on hold and she will get in contact with the lawyer. It's -- it's indicated in the CC&Rs that Lot 26 and Lot 28 can be subdivided and so if-- you know, if that's possible, then, the lot line adjustment which is a -- we did divide the land would satisfy that covenant and after that the e-mail came back from the title company that apparently Sandy Anderson and Mona Tippetts reviewed the CC&Rs and realize that you are in compliance and so now my reaction is, you know, I -- I haven't had a face-to- face conversation with her. At this point it comes like a he said she said and if they feel like they deserve civil remedies that, you know, we will happy-- happily meet them there. We don't want that. But, you know, we haven't had an opportunity to discuss the -- what happened two years ago with this separation of the lots and so on. Does that -- does that help answer your question? Strader: Yeah. I appreciate your reaction, I guess. Part of what I'm trying to struggle with is, you know, the city planning staff needs to make a determination. I --what I heard from our legal team is that our city staff needs to make a determination that you have a standing to be annexed into the city. Miller: Sure. Yeah. We do legally own the land. The lot split was recorded with the county. The CC&Rs provide that it can be subdivided. There is several pieces that, you know, support where we are coming from. A single statement by the old HOA president it's -- you know, I appreciate that you have concerns about it, but we do stand confident in our position. Simison: Mr. Miller, with that-- and I don't want to get into, you know, CC&Rs. You know, I don't know how much value they are. But as you -- you kind of mentioned the CC&Rs say you can develop at one acre lots. Miller: Uh-huh. Simison: But you are not doing that. Did you have -- is there something I'm missing or do you have a viewpoint on -- are you compliant with that element? Miller: Yes, sir. So, the subdivision -- subdividing of one acre lots was satisfied by the lot line adjustment subdividing that parcel into two, because this is originally three acres, and so now it's 2.88 and because it was subdivided it's considered a residential lot and we are looking to further subdivide and that there is nothing in here that says anything about further subdivision, so -- Simison: I guess that gets to the heart of my -- my question. Do you feel like you are in the spirit of your CC&Rs by subdividing down to the level you are or legally do you think Page 65 Meridian City Council Item#2. March 23,2021 Page 26 of 70 you are in compliance with the CC&RS because you are subdividing further levels the CC&Rs don't contemplate it? Miller: We do feel legally and personally that we are doing a service to Dunwoody. The other lot owner to the north here, Monte, has spoken with the Dunwoody. He has support from them and his lots here are not one acre lots either and his plan here is to do four there as well. Similar in size. A little bit larger, but all the same the spirit still remains the same. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: My understanding from what Joe presented that once this gets annexed it won't be subject to the Dunwoody CC&Rs anymore. Can we get clarification on that? Nary: So, Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, Council Member Perreault, the city doesn't enforce CC&Rs. The action of dispute between the HOA and their belief that the CC&Rs are still applicable to them versus the property owners who feel once they are annexed into the city they don't apply to them, that's a civil issue between them. That has nothing to do with us. So, it doesn't apply for our purposes, because we don't enforce those. Again, if the HOA thinks it does, then, that's what courts are for. That's not what public hearings are for. Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: I just -- thank you, Mr. Mayor. I just wanted to clarify that the legality of Lot 26 being in existence is not in question by staff. Planning staff has determined that it is a legal lot. I have seen no evidence that Lot 26 was split from Lot 25 and created in a new lot. So, I just want to make that clear. The only split that has become an issue in the public hearing has been the split from the HOA, not a legal lot split. It was -- it was an existing lot. I just want to make that clear. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Joe, if you could rewind that comment for one second. I guess my question to Planning staff is in light of the testimony from Ms. Tippetts, does that change your opinion Page 66 Meridian City Council Item#2. March 23,2021 Page 27 of 70 about the legal basis for annexation or do you believe this is still a correct basis for annexation? Dodson: Council Woman Strader, my reading of that is still in relation to it being split from the HOA. I -- I don't know if she was meaning that a lot split that, again, I have seen no record of. I have only seen -- I mean it's even in the CC&Rs of the HOA. That Lot 26, which is this lot, and the 28, the lot to the north, were existing. So, I don't see how there could be a dispute that these -- this is a -- is not a legal lot. So, Planning staff does still feel that it is eligible for annexation. Strader: Thanks. Simison: Council, any further questions for the applicant? Okay. This is a public hearing. Mr. Clerk, do we have anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, we do. We have some in person, some online, and starting with in person. First I have Jeff Wilding. Simison: As you come forward and as you are online if you can state your name and address for the record prior to your testimony that would be appreciated. Wilding: Thank you, Mr. Mayor and City Council. My name is Jeff Wilding. I live at 1842 East Dunwoody Court and I am the HOA president. A couple things I want to address really quickly and I get it, CC&Rs aren't part of the City Council process. I think that's well established through the --through the discussion tonight and so we actually have retained some legal counsel and she is going to speak as well. There are a couple of things I want to address, though. When we talk -- when -- when it was -- it was mentioned that the lot line was moved, the purpose that that lot line was moved is that the owner of Lot 25-26 built a shop over the lot line, so we had to move the lot line and he included that in his Lot 25. That's what happened with that split. He talked to the neighbor above and that neighbor above said, you know what, I will go with you and so that was all legally done. That does not separate Lot 25 from Lot 26 in ownership. That's what we are talking about. And so recently when the Hopes bought Lot 25 they did not purchase Lot 26. That would have required an HOA vote to approve that split of lot and that was never sought. The e- mail that you saw from Mr. Miller from the title company was from Pioneer Title. Pioneer Title did not close title on that sale and it's because when they started questioning it it was quickly moved to Title One and so Title One is the one that closed on that sale. So, we got some smoke and mirrors going here. Those e-mails that were allegedly provided by Sandy Anderson and Mona Tippetts, again, it says apparently Sandy and Mona said this is okay. Sandy and Mona don't have the authority to do that. It has to go to the HOA. And that was never brought before the HOA at the time. So, again, we understand that -- that this is -- is not a -- a public matter that -- I mean this is a civil matter for us and we -- we are going to take action in that piece. Our intent here -- listen, we want the Millers to be able to establish and develop their land. That's why they bought it. We get that. It's very very clear in the CC&Rs that those should be one acre lots. We also want to -- and I think you will hear from -- from Ms. Pickens Manweiler that just because you annex Page 67 Meridian City Council Item#2. March 23,2021 Page 28 of 70 into the city the CC&Rs don't go away. We want them in our neighborhood. They will have access to our tennis court and that's about the only amenity we have in that. The e-mail that -- I believe, Councilman Cavener, you asked about any communication -- or somebody asked about. I did receive an e-mail from the applicant and I didn't respond, because it was -- it was not nice. It wasn't an e-mail that I should have responded to. And so my-- our position as a representative of the Dunwoody Subdivision is that we hold to our CC&Rs. There is -- there is space there to build beautiful homes that are just like the ones in Dunwoody. We welcome those people that come into Dunwoody HOA and we would love to be able to do that and so I will yield the rest of my time to -- to Terri Pickens Manweiler, who is, I believe, online. Simison: And, Mr. Clerk, I believe this is ten minutes representing an HOA. Johnson: Mr. Mayor, he indicated he had an attorney representing the HOA, so I was holding that time for the attorney. Simison: Well, let's just put it all into ten under this. So, seven minutes left. Roughly. Or six. Wilding: Thank you. Perreault: Mr. Mayor, may I ask him a question before he walks away? Simison: Can we -- let's stop the time. Go ahead. Perreault: Sorry about that. Could you speak to the -- the -- the fact that there are surrounding parcels that are also planning on -- on subdividing into smaller than one acre lots, please? Wilding: Thank you. The parcel to the north is -- is Monte Moore. Monte -- and I know that it was stated that-- that the Dunwoody HOA has approved the four lots. Monte hasn't even come to us with the plan. He showed me personally a preliminary plan. What I told him is how could I approve smaller than one acre lots for you if I'm not approving small -- small -- if we are not as the HOA approving smaller than one acre lots for the Miller project. So, I -- there -- it hasn't been approved by the HOA. The two lots that are, then, to the west of those are not part of Dunwoody Subdivision. So, they -- we don't have anything to do with that. We have no governance over that. Does that make sense? And does that answer your question? Perreault: Yes. Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Page 68 Meridian City Council Item#2. March 23,2021 Page 29 of 70 Hoaglun: Yes. I, Mr. Wilding, got a question for you as well. You know, we are hearing a lot about the CC&Rs and lot lines and everything, which, you know, trying to clear through the clutter. I want to get -- try to get to the heart of the matter. Is it just the fact that if these were one acre lots through this it would kind of resolve the issue? Wilding: Sold. Hoaglun: Okay. That's what I wanted to find out. Wilding: Sold. No argument whatsoever. Hoaglun: Okay. Great. Thank you. Strader: Mr. Mayor? Simison: Councilman Cavener. Cavener: Since we are asking some questions of Mr. Wilding I did have a question. I just want to make sure that I'm understanding, Mr. Wilding, the summary of your testimony. It's your belief, then, that staff has erred when --when identifying that this as an annexable parcel of land? Wilding: I'm not saying that -- I don't think it's -- I think it can be annexed -- Cavener: Okay. Wilding: -- but what I -- but what I'm saying is because it's annexed CC&Rs don't go away. Cavener: Perfect. Wilding: That's all -- that's the -- what I wanted to make that -- Cavener: Thanks for serving on an HOA board. It's a labor of love. I hope you get double your pay. Wilding: I keep getting told that. Thank you. Simison: So, we will -- we will turn six minutes over to Terri Pickens to continue the conversation on behalf of the HOA. Pickens-Manweiler: Thank you, Mr. Mayor and Council Members. My name is Terri Pickens-Manweiler. I live at three -- my address is 398 South 9th Street, Suite 240, Boise, Idaho. And I'm an attorney at Pickens Law. I represent the Dunwoody Homeowners Association. I do want to clear up a few things that have been said today that-- in addition to what I provided in my letter of March 11th that is part of the Council record. First and Page 69 Meridian City Council Item#2. March 23,2021 Page 30 of 70 foremost, there is just a gross misunderstanding about what the staff member Joe keeps saying about the CC&Rs go away. They absolutely do not go away. I appreciate that this -- in his opinion and through the planning development that it's a legal lot. It is legal. It's Lot 26 of the Dunwoody Subdivision. It can't be taken out of the Dunwoody Subdivision without unanimous consent of the Dunwoody Subdivision homeowners and they tried that. They took that to vote with the homeowners and they declined -- unanimously declined. So, the CC&Rs are a recorded instrument. They bind the property. It doesn't matter who has jurisdiction over the property, whether it be Ada county or the City of Meridian, the CC&Rs are a recorded instrument in perpetuity with the property. So, they don't go away. So, with -- with all due respect, those CC&Rs are important in what we are talking about today. The reason it is so important is because there is a provision in the subdivision CC&Rs that specifically say that any subdividing of Lot 25 and 26 -- or 26 and 28 must be in no less than one acre lots and I appreciate the applicant suggesting that it already is more than one acre. He's misunderstanding the CC&Rs. It specifically says that each of the resulting lots, plural. So, whatever lots they are providing in their proposed additional subdivision in the Dunwoody homeowners subdivision can be no less than one acre. So, with a 2.8 acre lot that means they can have two residences on that property. Two lots. And those lots are still part of the Dunwoody Subdivision. They are not part of some random other subdivision. It's not Ambles Run Subdivision. It's Dunwoody Subdivision. The annexation and calling it Ambles Run does not make it so. That -- this was resolved with a plat that was done with Ada county and recorded and approved. You can't undo what the county has already approved just by annexing it into the City of Meridian. What's done is done. What's recorded is recorded. And if the applicant wants to seek a variance with the homeowners association, they can certainly seek a variance. They have not done that. In fact, any attempt to talk to the homeowners association up to this point has been nonexistent. The homeowners association has notified them that splitting the property between Lots 25 and Lots 26 in ownership did create a problem for the homeowners association, because the -- Mr. Miller seems to think that by splitting his lot he gets a second vote. He doesn't get a second vote on the HOA until he is legally split from the Lot 25. So, while I appreciate him saying that he hasn't had a say for two years, it's because he split his property without the consent of the HOA. So, you know, it all goes back to just communication and showing up at a homeowner's association meeting and trying to work this out. Instead he's trying to come through the public forum to ram through a plat that will end up in court. You know, what I -- what I understand with the City of Meridian, I do understand you can annex it and you don't -- it doesn't really matter what is encumbering the property. What does matter is that if you approve a plat and you go to issue a building permit, the City of Meridian does become involved, because what's going to happen is a lawsuit's going to be filed, an injunction is going to be sought against the City of Meridian from issuing that building permit. So, it does become an issue. If the plat sits there and expires, then, it sits there and expires, because the homeowner can't get this resolved with the rest of the Dunwoody Homeowners Association. But what an exercise in futility, because if the plat is approved with six subdivisions -- subdivided lots and they call it Ambles Run, a lawsuit will be filed and, you know, it may take two years to get through the process. The plat may expire. But what if it doesn't expire and, then, the plat is no good and, then, they have to come back and do the whole thing all over again. So, it just Page 70 Meridian City Council Item#2. March 23,2021 Page 31 of 70 seems to me that while the city may benefit from annexing it in, so the services can be provided to that portion of the Dunwoody Subdivision, it certainly doesn't make sense to call it the Ambles Run Subdivision and approve a six parcel plat when under no circumstances is the HOA going to agree to that. They have already been asked about that and they unanimously declined. So, with respect to the -- the status of the HOA, the Idaho Supreme Court has weighed in and said that subdivision homeowners associations have the ultimate authority to make a determination about what is built within their CC&Rs and that isn't--that isn't just a little authority, it's ultimate authority. Unlimited authority for the HOA to make that determination. The City of Meridian can certainly approve a plat, but they can't issue building permits when those are going to be tied up in court. The -- the homeowners association is an organization that is recognized under law as an organization that gets to mandate what happens on that property because of the recording of the CC&Rs. So, with all due respect to staff, I appreciate that he thinks that the CC&Rs are just going to magically go away when annexed, they are not and if the -- if the six parcel plat is approved it will end up in court. I mean that's just the sad truth and don't want to sound terse about that, but, you know, we have tried to work with the homeowner. We have told them that they are in violation for splitting and trying to do this and, you know, there are better ways than trying to ram it through a public process and, then, try to get a judge to ratify it later when in this particular case the Idaho Supreme Court has weighed in and said the HOA has the ultimate authority, not the homeowner. Not the property owner. So, with that I'm happy to stand for questions. I think I have addressed the major points. Like Mr. -- Simison: Terri, you lost your volume. Pickens-Manweiler: I don't know how I got muted. I wasn't even touching my computer. Oh. The -- if the subdivision were proposed for two acres--two one acre lots, we wouldn't be having this discussion. I wouldn't be objecting. The homeowners association would be right in line. But that's not the -- the status of the application. So, with that the homeowners association must object to the application and asked that it not be approved because it's not -- it's not in compliance and it will be challenged. Thank you. Simison: Council, any questions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question to Ms. Pickens. Just -- I like to say I get to the heart of the matter, but, you know, I got to keep things simple. Simple mind. Simple ideas. Simple things. So, I'm trying to understand when we talk about properly split -- we can say legally split, whatnot. It sounds like from the city perspective there are documents and records and filings, whatever, somewhere that shows two separate lots and -- and I guess that's a question for Joe to respond. So, I guess part one of my question -- Joe, is that how the city looked at it? There are two legal lots sitting there; is that correct? Page 71 Meridian City Council Item#2. March 23,2021 Page 32 of 70 Dodson: Councilman Hoaglun, that is correct. Yes. That there are two legal lots -- and maybe Ms. Pickens could -- I don't know if it's a wording thing, but maybe the split that she's referring to is the ownership split, which, again, has come up repeatedly, that that's the key issue, not necessarily the physical land split, because that was already an existing lot. Hoaglun: Right. Okay. Yeah. That's what I'm getting at, Ms. Pickens, is then --then your part is were they properly split according to the HOA CC&Rs and that process that you have in place to allow that to be split and be part of the Dunwoody Subdivision. Right now you are just recognizing one lot; is that correct? Pickens-Manweiler: So, actually, Councilman Hoaglun, thank you for the question. No. We are actually recognizing two lots. There are two lots, 25 and 26. Hoaglun: Okay. Pickens-Manweiler: The challenge that we have with the lot itself, Lot 26, is that the ownership was not supposed to separate for it to be additionally subdivided without HOA approval. So, it is a separate lot. We are not challenging the legality of Lot 26. We are challenging whether or not Mr. Miller and his family are the--are homeowners association voting members because they split their lot. They don't get two votes and that's what they are trying to do. Hoaglun: Okay. Pickens-Manweiler: They have to come before the HOA and get approval for the property division for the property owners. Hoaglun: Thank you for that clarification. Pickens-Manweiler: There is meant to be an open space lot. Hoaglun: Okay. Thank you. Appreciate that. Perkin-Manweiler: Yes. Simison: Council, any further questions? Okay. Thank you very much. Mr. Clerk, I will turn it over to you for our next person to testify. Johnson: Thank you, Mr. Mayor. Next is Dale Hope. Mr. Hope is yielding. So, we have Marissa Price and I will bring her into the meeting from online. Simison: If there is anybody else online that would like to provide testimony and you have not signed up, you can use the raise your hand feature, so we can bring you in at the appropriate time. Page 72 Meridian City Council Item#2. March 23,2021 Page 33 of 70 Price: Can you hear me? Simison: We can. If you would state your name and address for the record, please. Price: Thank you. My name is Marissa Price. I'm at 2296 North 20th Street in Boise and just want to speak I guess briefly to the fact that, you know, we really understand, Michael Miller and I -- I'm sort of copilot on this project, but he's really taking the lead -- that any project like this doesn't happen in a vacuum and it is really something that is --that comes to fruition because of a -- sort of a process of collaboration and we really have worked as diligently as we understand how to do to bring together the parties that are affected to a common understanding about what the future land uses of this -- of this parcel. Now, obviously, we have some -- some hot new takes on this, but I do think that we are all more acutely aware at this point, 12 months into the global pandemic, that there are often shifts in circumstances that are unforeseen and that we have to sort of adapt to -- in their wake and when the CC&Rs were initially drafted -- I don't know that it was initially considered that we would have this sort of jurisdictional overlap potentially with a parcel that doesn't have services from the land from which it was initially connected and needs to be serviced by another entity, such as the City of Meridian, and those -- it was our understanding initially in talking with Meridian that -- that -- that a parcel under five acres could not be divided into one acre parcels and so--so, our parcels being 3.3 acres could not be divided into one acre lots when we approached Meridian initially. So, that's why we have -- you know, we initially approached with R-4 to do eight lots and, then, revised our plan downward to make a better transition we think between Dunwoody and Vienna Woods Subdivisions and we understand that there is a civil process for the unwinding of these particular details, but I just want to underscore that from our point of view we, you know, have tried to be good neighbors and when we, you know, left the planning and zoning process and -- and were taking a beat to reach back out to this -- to the HOA and also to the property developers around us, while we didn't ultimately alter our plan because the -- the details were relatively nominal, we did have a chance to strengthen those relationships with the property owners around us and we feel like at least in that regard we fostered a spirit of working forward, you know, together with a common aim of progressing and improving the land. We feel like our modest plot offers a solid diversity of development for Meridian as a whole and meets a need in our marketplace, as well as provides both good transition and conformity between Vienna Woods and Dunwoody Subdivision. We have worked to be good neighbors and to be forward focused and to proceed in a spirit of collaboration and cooperation and we believe -- and we believe that precedent, you know, stands that the future of this land is with Meridian and that the future of the adjacent parcels is with Meridian as the past of some of those additional parcel is also now with Meridian and we respectfully submit, I suppose, that, you know, you proceed and accept our parcel and we can resolve any other matters elsewhere. Simison: Council, any questions? Okay. Thank you very much. Price: Thank you. Johnson: Mr. Mayor, next we have Dick Price. Page 73 Meridian City Council Item#2. March 23,2021 Page 34 of 70 Simison: Mr. Price, if you can unmute yourself and state your name and address for the record. D.Price: Can you hear me? Simison: Yes, we can. D.Price: Okay. I have lost my -- anyway, I'm one of the owners of the parcel. We bought that property I think in 19 -- and, you know when we bought it I understand the one acre deal for that lot development, but you could look back 30 years ago, I think the population of Meridian was probably 35,000. But now when we try to develop it there really isn't a market for a one acre lot. The cities as they grow they need to have their density, so people can, you know, move in. So, we thought half acre lots, which are really almost a rarity still, are a very good fit. We visited with the homeowners. I talked to Dale. I sent him an e-mail. You know, I -- he spent a lot of money on his home. I love Dale. He is a great guy. His daughter is my next door neighbor. I want to be -- the subdivision to be a good neighbor to him, because he will be the most impacted by it. So, we want only single level homes or single levels with a bonus room. We want -- we want him to look out his backyard to see privacy and not see homes. So, anyway, that's all I had to say. Simison: Thank you. Council, any questions? Thank you very much. Mr. Clerk, do we have anybody else signed up to provide testimony? Johnson: There is nobody signed up or raising their hand online. I'm looking in the room if there is anyone else. Oh, we do have one more hand online. Next we have Tucker Johnson. I'm bringing him into the meeting now. T.Johnson: Good evening, Members of the Council. My name is Tucker Johnson. Address is 372 South Eagle Road in Eagle. I am working with the adjacent three landowners, the two five acre parcels to the west and Monte Moore, the lot -- the parcel of Mr. Moore and as was indicated by -- or a question was raised by someone on the -- on the Council, I think it was Council Member Perreault, we are -- and Michael referred to this earlier. We are prepared to submit an application forthrightly after this -- this hearing tonight and, then, whatever is resolved. The concept that was -- that was on your -- displayed on your screen earlier is the conceptual draft or what we have. The -- the heart of the matter is -- is how it can be resolved between the Millers, Monte Moore, and the -- the Dunwoody CC&Rs. So, we are -- we will take our cue based upon what happens. If-- if there is legal -- legal matters there we may not be able to submit anything until we can come to a meeting of the minds, which I think we -- there is an opportunity to, but if there is a question relative to that pending application it is something we have been working on for months, if not -- actually, almost a year now. But these issues and nuances relative to Dunwoody and so forth and Miller's desire for, you know, this or that has been part of the whole mix and so we are -- we are getting close, but we just have to wait to see what the resolution is here tonight, the direction that is identified. Page 74 Meridian City Council Item#2. March 23,2021 Page 35 of 70 Simison: Mr. Price, you're -- you're muted -- or you're not muted anymore. Council, any questions for Mr. Johnson? Okay. Thank you very much. Is there anybody else in the room that it looks like they want to provide testimony? Johnson: Mr. Mayor, nobody in the room. Just watching online for one last moment. believe we have gotten everybody. Simison: Okay. Then I will turn this over to the applicant for ten minutes for final comments. Miller: Thank you, Mr. Mayor. And thank you, Council Members. Yeah. I mean there has been a lot of talk about it. The HOA hasn't pursued any legal remedy until between the Planning and Zoning Commission and this hearing this evening. The separation -- the legal separation of ownership happened in 2019. The title companies, both Pioneer and Title One, were in contact with the HOA at that time about separating -- it had to be clear. They had to get provision from the title -- from the HOA to transfer title and, you know, they have had two years to dispute the legality of the separation of our lots and now it's coming up here as we come to try to develop. Ultimately we really just want to put six beautiful homes there. If we need to further that discussion we are open to that as well. The matter about voting in the HOA, I don't -- I'm not sure that the separating of our lots means that we don't get a vote in the HOA. So, if we are a part of the HOA, then, we become voting members of the HOA or we don't. Again, those issues are outside of this realm, I believe. What we have before you tonight is six single level detached family homes on about half acre lots. If you feel that we need to further that conversation we are open to that as well. We appreciate your time. It's been a long public hearing on this matter. So, thank you. Simison: Council, any final questions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Question, Mr. Miller. The reason for not having four houses on -- on those, as opposed to six, is it just the -- the development cost and those types of things? What -- making compromise to four? I know you have -- you have gone down from eight -- Miller: Right. Hoaglun: -- to -- to four. Can you give me a reason? Miller: A reason as we wouldn't -- why we wouldn't go down farther? Hoaglun: Yes. Page 75 Meridian City Council Item#2. March 23,2021 Page 36 of 70 Miller: You know, the -- the eight -- the eight lots was -- we were assuming that our best option to annex into Meridian was R-4 zoning and so that -- that's just where we started. They ask that we decrease it, so we went down by two more lots. You know, we felt like that was a good amount. They are half acre lots. There has only been like 16 of those in new construction last year. If the Council feels that maybe we should decrease the lots on the eastern border and if the HOA is amenable to that -- to two lots, that's something we are open to. We don't -- we are not ramming anything through here. It's just a piece of land, the highest and best use is residential development. It's a legal lot. It's open for annexation. It just needs services and we want to put some beautiful homes up there and we want, honestly, for those homeowners to come into a situation where everybody is happy. That's where we stand. Hoaglun: Thank you. Miller: Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I have a question for staff. For Joe. Joe, is there anything that prohibits the city from annexing in two lots on this property that are a little over an acre each? Is there anything that would stop the applicant from moving forward on that basis? Nary: Mr. Mayor? Mr. Mayor? Simison: Is someone trying to say something? Nary: It was me. Simison: Okay. Mr. Nary. Nary: So, Council Member -- Mr. Mayor, Members of the Council, Council Member Strader, you don't have an application for a two lot subdivision before you, so you can't approve that. You can not approve the plat that's before you and annex the property with the direction of what you would like to see. So, you can do that. But you can't approve it with two lots, since you don't have any application with two lots on it. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I understand. I guess what I was trying to respond to the -- one of the folks testifying stated that the sole reason that an application wasn't brought before us in compliance with the CC&Rs -- wasn't brought was at the direction of -- my interpretation of what they were saying was that Planning staff had directed them that there needed to Page 76 Meridian City Council Item#2. March 23,2021 Page 37 of 70 be a certain amount of density. I just want to have Planning staff confirm or let us know if they are giving direction that there needs to be a certain minimum density to be annexed into the City of Meridian. Dodson: Council Woman Strader, thank you. I don't know where that came from. It was not from my mouth, at least from what I remember. I have only been at the city for 15 months, so maybe some discussions happened prior to that, but, no, there is not a minimum density. More than zero. That's about it. I think it has to be under three, which they are, but-- no. Whether it's eight, ten, whatever meets the density the city is going to review that. Six seems like a nice middle ground there. But that's -- other than that there is no minimum. Strader: Thank you. Hoaglun: Mr. Mayor, question for -- continuing with Joe. Simison: Councilman Hoaglun. Hoaglun: Yeah. Joe, question. You know, they are -- they are requesting an R-2 zoning and as we know the number doesn't correspond to that means two houses, you know, this is -- this allows a range of housing and it could be two. In this case they are asking for six, which is well within the range and I was trying to think does it go up to eight or R-2? What -- I just can't remember. Dodson: The zoning? Hoaglun: Yes. For that particular zoning. Dodson: The minimum lot size is 12,000 square feet. Hoaglun: Twelve thousand. Okay. Dodson: It's there above. Hoaglun: So, I guess what I'm getting at, if we allow an R-2 zoning date and they come forward with six single family residential lots within that approved zone, I can't think of a reason to say, no, you are not in compliance. Is that correct? Dodson: Councilman Hoaglun, from the city's perspective, yes, and that's the big issue here, but -- and I apologize for misspeaking for the lawyer that spoke on behalf of the HOA. The CC&Rs do not go away, but it is not a city issue to discuss those CC&Rs and whether they comply or not. That should not be part of this decision in the realm of whether or not R-2 zoning and City of Meridian zoning is the determining factor. But, again, that -- if that's how the HOA feels and there is some law that's well above my pay grade, that's for the civil side of it, not the city side. So, that's what I mean by they go away. In the realm of the perspective of the city we will not and do not regulate CC&Rs. Page 77 Meridian City Council Item#2. March 23,2021 Page 38 of 70 So, we are not taking that into account when it comes to reviewing the project. It will get annexed in and they will get developed per the zoning code. Hoaglun: Thank you, Joe. That was I guess the point where I was going with this is the fact that if we annex and approve the zoning of R-2 there is within the city's authority to say, yes, you can build X amount of houses within that -- that zone. So, I -- you know, unless there is agreements and different things that we enter into that are done, it just kind of puts us in a difficult position, because we don't enforce the HOA, the CC&Rs, and that's not our -- our matter. I guess the best thing is if everyone would come to an agreement somehow to -- to make it work for everybody and I know the next hearing that we have up, those folks would love to have half acre lots behind their house, so -- and completely understand on rural property at one time and we now own an acre and the subdivision came in and we have smaller lots and they aren't even half acre, but it was nice when we have two houses behind us, instead of three, but -- you know. So, completely understand that -- that feeling of, hey, we want to have that match here. But at the same time we have been having a lot of this issue out in our more rural parts as development comes in and trying to make the best decisions possible of, okay, make those single story to help mitigate and do these different things. So, yeah, these are -- these are never easy for anybody involved, so -- Borten: Mr. Mayor? Simison: Councilman Borton. Borton: A clarifying question for the applicant. Everyone's in agreement that -- that Lot 26 is within the bounds of the CC&Rs; is that correct? The property of Lot 26 is encompassed by the legal description of the CC&Rs? Miller: Yes. That's correct. We also --the CC&Rs provide for a subdivision -- subdividing of that lot and we believe that the title's position is that that lot was subdivided into 2.8 acres, which satisfies the one acre subdividing of it. Borton: Mr. Mayor, just a couple of follow-up questions. So -- Simison: Councilman Borton. Borton: -- as far as the reference from Ms. Pickens-Manweiler's letter to Lot 26, Section 5.13 of the CC&Rs references Lot 26 of Block 1, as being a particular lot, which has parameters that govern its ability to be split. Is that part correct? Miller: Yes, sir. Borton: Okay. And that 5.13 parameter -- at least it reads that that Lot 26, which is the lot before us, could be subdivided if approved by the city and if the resulting lots from that subdivision are the one acre. Page 78 Meridian City Council Item#2. March 23,2021 Page 39 of 70 Miller: Okay. Borton: Okay. So, here is the -- here is the question. If we went down the -- the court route, if -- the city certainly has the right to annex it and approve the plat and the city is not beholden to the CC&Rs as has been discussed, but how do you respond when -- and, again, this isn't directly the city's concern, but it was referenced when annexation, plats, approved, you go to pull the permits, the -- the HOA files a suit, asks for injunction and says you have real property that, for better or for worse, you have elected to impose upon yourself additional limitations on its ability to develop and one of those additional limitations is much more narrow than what the city would allow and that is one acre or bigger lots. For better or for worse, that's a private contract that your property is subject to, which is outside of our purview. So, in light of that private contract, they, then, prevent the city from pulling a -- issuing a building permit. While it would be lawful for us to annex and approve a plat, you very well may be stopped from building anything smaller than a one acre lot, which, then, very well may lead you to a plat modification application in several weeks. Miller: Right. Borton: So, to cut to the chase, what would you -- how do you respond to that seemingly insurmountable problem to your plat? Miller: So, the section that provides that Lot 26 could be subdivided, we believe that that subdivision has been satisfied, that it used to be three acres -- Borton: Right. Miller: -- it is now 2.88 and this is what we got in -- you know, from the legal team at Title. So, the provision for subdivision has been satisfied. The lot is larger than one acre. It's 2.88 acres. And that we would be subdividing it further. But to answer your question that -- probably what you are getting at is we -- we don't want to go to a legal position with -- against the HOA. We would prefer to work something together. As you can see from the other development plan, the other neighbor has a plan for less than one acre lots. There is precedence for it. We are not -- you know, we are doing half acre lots. We think that that's a good fit. Go ahead. Sorry. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I'm just trying to understand where --where I think this could go. I don't disagree with the appeal of what you are doing, I just -- I share that concern that we will never get a chance to get it built, because you may be enjoined from doing so. If the -- the division you described was the single division, which satisfied that condition, the concern is -- for example, you applied and wanted 20 lots on this parcel or 30 lots, you know, would you Page 79 Meridian City Council Item#2. March 23,2021 Page 40 of 70 still be able to make the claim that the prior division was the single division that had to be satisfied and now that you have done that you want to put 40 lots on it. Miller: So, I mean that--we wouldn't do that. Maybe. But, ultimately, we do feel confident that that position that -- the covenant about the subdivision has been satisfied, but we want to provide a good transition between Vienna Woods and Dunwoody. I mean, again, we were there when Vienna Woods was built up around us and they asked -- and we asked Vienna Woods that they do half acre lots and so the current HOA asked us that we do one acre lots and we are complying with that as well. You know, the actual stickler -- the one acre lot restriction in the CC&Rs, it was -- it's there, it's legal, it's written, it was written 30 years ago. We believe that the half acre lot is a good meeting ground at today's -- in today's -- and where we are today with development. Borton: Okay. Miller: Yeah. Borton: Okay. Thank you. Miller: Yeah. No. Thank you. Borton: You bet. I don't have any other questions. Simison: Council, any other questions? Okay. Thank you very much, Mr. Miller. Council, I guess you are going to want to leave the public hearing open for a few minutes and that there will likely be communications with several people as we move forward. Borton: Mr. Mayor? Simison: I have -- Mr. Borton. Borton: Go ahead. Simison: No. I was going to say I have a lot of comments and viewpoints on this one, but I'm going to let you all talk it out first. So, go ahead, Mr. Borton. Borton: Mr. Mayor. It is -- at least it-- it starts at first blush as a relatively-- relatively, you know, straightforward small parcel, in-fill, R-2 development, that it just checks the box in a small in-fill project that -- that seems to be appropriate to proceed. The elephant in the room is the one I focused on at the end is whether or not if an annexation and this plat gets -- were to get approved, whether or not this plat ever gets a building permit is not something that we comment on and address and direct, understandably so, but it is out there. So, the applicant is well aware of that risk and well aware of the conflicting interpretations of what the CC&Rs may or may not limit. Again, that's outside of our bounds. So, putting that aside, the -- the zoning and the plat itself, it seems appropriate. It does seem to fit. I don't -- I don't have any overwhelming concerns, other than the real Page 80 Meridian City Council Item#2. March 23,2021 Page 41 of 70 potential for litigation to try and resolve this conflict and the private contractual limitations on its use. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: So, I look at this maybe slightly differently. I think we have a little more latitude with, you know, looking at an annexation and to me it's not serving the city's interest to approve a development that there was a question about the legal basis of annexation or where there would be pending litigation and potentially we could become a party to it. I also think there is an issue -- not the looming issue, but there is an issue with kind of stepping over an HOA when the common sense reading of the CC&Rs is a one acre is developable. You can subdivide to one acre. Seemed really straightforward and I -- I have concerns about stepping over an HOA in their role there. So, I'm unlikely to approve this application tonight for those two reasons. I don't think it makes sense to do it. I think this development is great. I hope they can come to an understanding with the HOA. I think anything we do to approve this one is sort of just aiding and abetting something that needs to be resolved outside of this forum. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I guess I'm taking maybe a different, but bigger picture view of this, and that is do we want this parcel to be a part of the city. Do we want to provide service to this parcel. You know, is this -- is this good for our community in that sense and I don't -- you know, I have concerns more about do we obligate ourselves to provide services to this parcel when there is a possibility it will sit vacant with no activity on it and, you know, my preference, of course, with annexation is that service be provided to that -- that property within -- specific to water and sewer within the time frame that the applicant intends, but in this situation the timeline is very nebulous, because we don't know what we will work out with the surrounding parties. I don't think that there is a monetary concern there for the city. That's not what I'm trying to communicate. I just -- I guess I'm wondering the point of annexing it right now if we anticipate there will be challenges with even getting the -- you know, in addition to approving the plat with -- with even the possibility that -- that it's going to move forward. So, I just saw Councilman Borton give a little smile, so I'm curious now if he has some additional thoughts to what I shared or -- or what. So, that's -- my thought is, you know, it -- it just seems like to me this isn't the time yet. I'm not in opposition to it in terms of-- I thought the design was fine. I feel like they met what they needed to meet as far as our requirements were concerned. I appreciate that they are working with the -- very much appreciate they are working with the surrounding property owners that are -- that are still in the county to the west. That's something that we are always encouraging our residents and applicants to do is to work together to create cohesive development and I appreciate that very very much, so my -- my decision -- I am still curious to hear what other Council Members have to say, still chewing on it a bit. Page 81 Meridian City Council Item#2. March 23,2021 Page 42 of 70 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Council Member Borton hit the nail on the head and that's that in-fills are -- are never easy, even when you think, again a less than three acre R-2 project, again, seems like a no brainer. I appreciate the -- the testimony from the public tonight. I really appreciate the deliberative comments from my previous Council Members. I'm inclined to be supportive of this project for a couple of reasons. One, I think it's--the legal element is -- is not an issue I think that we need to involve ourselves with at this particular point and juncture. I worry a little bit about the claims of legal involvement with the city being weaponized in the future from other less neighborly members of the public like we have here tonight. I appreciate the dialogue tonight has been really respectful. The other piece is -- and I think Council Member Strader brought up a good question about the need -- or maybe it was Council Member Perreault, about the need for--for these homes. I actually think that we do, I think that, you know, we talk a lot as a body about diverse housing and this is technically a diverse housing product. There is not a lot of it out there. It serves a need for our community in a highly desirable part of our community. Frankly, I think some of the questions that would always come before us about what they are doing to mitigate the impacts of an annexation around their neighbors they did proactively. I think, again, limiting one section of it to single family, those are things that I think that in the past we have asked of applicants to help mitigate the impacts of growth. So, I tend to be supportive of it. Although I'm -- I appreciate Council Member Borton's analysis. I'm not quite sure if building permits will ever get to the point of being issued, but I think in terms of being supportive of an annexation, the preliminary plat, I see no reason to be in opposition. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. This is-- I'm trying to get to the heart of the matter, as I mentioned earlier, was, okay let's--what are the --what are the basis of fact here. The lots are legal. What's before us is appropriate. Completely understand the difference of how we are looking at it from a legal perspective of can they be annexed, can they be zoned, versus are they under the CC&Rs and I get that and that is yet to be resolved and Councilman Cavener said something that -- that I agree with from the standpoint that R-2 -- boy, we -- we -- we just don't see many R-2 applications coming before us. It's just -- the cost of land, the cost of development -- I see the National Home Builders Association said the cost of housing just by lumber alone in the last six months has gone up by 24,000 dollars. It's just one of those economic things that we are facing. We are in an area of high demand, high growth. We are looking for ways to meet the housing needs of people in a way that's affordable. So, any other -- this is like, wow, R-2, this is fantastic. But I understand the arguments from the -- the HOA and the folks who live there, that they -- their preference is they want -- they want acre lots and that was what was agreed to. I -- I -- and I'm holding out hope that if we approve this and it moves forward, it's R-2, there can be, as I, Page 82 Meridian City Council Item#2. March 23,2021 Page 43 of 70 you know, discussed with our -- our development officer earlier, the fact that there is a range within R-2. There are things that can be worked out that it doesn't have to be what it is. Those things can be modified and -- and I just -- I hate putting people in the position that, yeah, go to court and resolve this. Now, that's not being good neighbors. Somehow, some way I would like to see this resolved in a way that the city can -- can make that happen with a new plat that comes out and everyone's in agreement. I do think in some ways the -- the homeowner has tried to mitigate some of the things with single story, a berm, doing some of those things, but at the same time I also know if this domino goes, the next ones are likely to follow it in that manner. So, hopefully, the discussions -- there would be avoidance of going to court to resolve those issues, but working it out in a way that everyone that follows can agree with and things get worked out. But I -- I -- with a couple of my Council Members I agree, this is -- this is something that fits the city. A half acre lot is great and -- and it's-- it's-- certainly won't have trouble selling and -- but it does give me pause that there is opposition to that and it's understandable. I'm not disparaging that in the least. It's -- it's legitimate. So, it's just one of those things that, hopefully, we can see some things happen in the interim if this moves forward tonight. So, that's -- that's where I stand. Simison: Well, unless someone abstains, I won't be voting tonight under the scenario, even though it looks like it will be a close vote either way, but always share my viewpoint for your further consideration, Council, and, you know, I -- I look at it from a --from several different angles and I buy my ticket down to the most base level and -- and that's the -- when you buy your property you do your due diligence, no matter when you buy it. No matter -- no matter what you do from that standpoint and when I look at this from a standpoint of nothing gets more local than your HOA. Than your home. You know, we talk about federal, we talk about state, we talk about local. Well, there is layers underneath local government that takes it down to the HOA level that many of us belong to and when we purchase a home we agree and sign off onto those CC&Rs as part of our understanding, our diligence, our roles, our responsibilities from that standpoint and to be in a position, right or wrong, to ask the City Council to make an affirmative action, which we understand will likely trigger a lawsuit amongst homeowners, because, you know, I'm with Councilman Strader, a nonlegal reading of that language, it states that these should be one acre lots within that--within that subdivision in my nonlegal opinion, that that's my reading of what I read, not that you can further subdivide it down to another level and for us to take an action that would affirmatively put neighbors against neighbor in a lawsuit that is clearly contemplated -- I think there is a difference between going through an action and understanding that you may have a lawsuit that's filed because of actions the city takes that may or may not be deemed as legal or other things that, you know, you're right, we can't be beholden to legal threats that we should or shouldn't do something, but at the same time should we do something that we clearly can see that there is a valid legal argument that we are basically going to put these neighbors into that situation in my opinion. So, I'm not in supportive of -- of this action at this time in this fashion. I think there is more work to be done. I'm concerned about the conversation that was shared about what activity occurred between Planning and Zoning and City Council. Was there any real conversation between people? Was there an e-mail sent that was -- that should be viewed as nonresponsive by the HOA in terms of how it was articulated? I don't know. Page 83 Meridian City Council Item#2. March 23,2021 Page 44 of 70 We didn't see -- didn't see it from that standpoint. But, you know, if we are going to be neighbors and live next to one another, you would like to think that there is other ways to solve these type of issues and so it -- it would be my viewpoint to not move this project forward at this time and have further dialogue amongst everybody to the point to find a resolution, because this does not appear to be the resolution that's going to win out long term for the residents or for the city, in my opinion. So, thanks for hearing me speak. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just to follow up on that and, you know, what I heard from the applicant when we were questioning him later after all the testimony -- and it sounds like to me there was room for compromise when he said, well, maybe two on the side of, you know, the development where Dunwoody is located. I mean to me that indicates there -- there is some ability to -- to have some further dialogue and -- and that would certainly be welcome. Now, I don't know if we push that dialogue by approving -- you know, it sounds like they both may be there or as you suggest and Councilman Cavener might wander into this and that's the, you know, do we continue and allow a little more dialogue to see can we come to something that works for everybody. Avoid costly litigation and have -- have a good -- good neighborly discussion, so -- Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I appreciate those comments, Council Member Hoaglun. I -- honestly, I think that's what was intended by the Planning and Zoning Commission and I can't speak to e- mails that were sent and how they were perceived, but we are -- we are a neighborly community where we try to work together as neighbors and try and come to a consensus. So, there has been good dialogue from my Council Members. Mr. Mayor, I appreciate your comments here tonight as well and I definitely give them a lot of heart and a lot of attention. I would be supportive of-- of continuing this for a couple of weeks and asking the applicant and the president of homeowners association, get breakfast, have a cup of coffee, be neighbors, talk through this. If -- if there is a way to come together and solve this as neighbors first before the courts, man, let's do that. If we can't, well, then, the Council can come back and render a decision, thumbs up or thumbs down, and you can all go forth. I think that's -- that's how we like to do things in Meridian. So, I'm supportive of that. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Like I mentioned, I do -- I do think that -- that, yeah, there definitely needs to be some time given to work some things out and I guess for me the piece that's been Page 84 Meridian City Council Item#2. March 23,2021 Page 45 of 70 missing is what -- really, truly, what the reasoning is that the HOA has for the objection. Is it just that they -- that they are wanting to hold true to their CC&Rs and they are just so staunchly stuck on that issue and, if so, are they regulating all the rest of the C -- I mean is -- are they going to the letter of the law in every element of their CC&R document. I'm -- I'm a real estate broker. I read these CC&Rs all the time. It's -- to me I -- I'm guessing -- and I should -- I'm not speaking for them, but I'm guessing based on my years of experience that -- that this HOA isn't regulating every single member of their -- of their neighborhood on every letter of that -- of that set of covenants. So, I'm -- I just -- I guess I'm struggling with understanding what it is specifically that they are trying to prevent or trying to -- I'm not saying that they don't have a right to -- to enforce their CC&Rs. What I'm trying to get at is what is -- what is the concern -- the primary concern that they have? Is it they think it's too dense? They are concerned about traffic? They are concerned -- I mean I guess I'm still not a hundred percent clear on what it is that they have the primary concern about that they would not be willing to have this conversation with Mr. Miller. So, if--you know, maybe I just completely missed that and, you know, I thought I was listening the whole time, but I guess I'm just really still not understanding why--what is so important about this that they are willing to take legal action and spend those funds, that-- that they think is going to be so -- so -- like so -- what's the word? Detrimental to their community. Simison: Yeah. The HOA president's statement was lot -- lot size, which equals density, if there was over one acre they wouldn't be in this situation. That's what I heard. I'm not going to say that they won't be further open to other things, but that -- am I the only one that heard that or did they hear something different? But that's what I heard. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: If this matter is -- is continued to a date certain to allow these conversations to occur or conclude, I would ask that the applicant provide the applicant's legal analysis on how that Section 5.13 of the CC&Rs has either been previously satisfied or no--or doesn't limit their ability to develop as presented by the HOA. Ms. Pickens-Manweiler made the HOA's perspective very clear and it would be very helpful to understand the source of the applicant's confidence that the one acre private contract limitation in the CC&Rs will not come back and bite them should something get approved. That would be very helpful for an ultimate decision if this gets continued. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: What a great suggestion, Councilman Borton. I couldn't agree more. You know, to the feeling like the city could be heading into a situation that might not end in our best interest. Maybe to hear the opposing legal view that there is a basis or not. I -- I'm okay with a continuance, if that's where we are going. I would love it if they-- you know, I know that's what Planning and Zoning tried. It feels like people didn't take that step, but Page 85 Meridian City Council Item#2. March 23,2021 Page 46 of 70 certainly encouraging everybody to try to compromise and --well, let's see what happens. It's happened before. We have seen some magical outcomes when neighbors have talked to neighbors and worked it out. So, let's -- fingers crossed that that will happen here. Thanks. Simison: And I would also like to say, Mr. Borton, I appreciate what you said -- for this reason as well. If those other parcels are looking at coming in behind this parcel, we are potentially wasting other people's money and time if this does not have any real future moving forward through the courts in the near future if a yes is given. So, I would hate to -- our action further delay and cost other people money as well. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Question for the applicant. Mr. Miller, what is your schedule like on April the 20th? Miller: Thank you for the question. If you would give me a second to look at my calendar. That will be a one year anniversary for me, but I am available. Cavener: Nothing says date night and I like a City Council meeting. Miller: Yeah. I'm -- I'm completely available for that date. Thank you so much. Cavener: Mr. Miller, would you prefer the 27th? Miller: I would prefer the 20th. Cavener: The 27th. Miller: Well, you know-- I'm trying to get out of it. No. I'm --the 20th is very good. Thank you so much. Cavener: Mr. Mayor, follow-up question. Simison: Councilman Cavener. Cavener: Mr. Miller, you heard the -- the commentary from my fellow Council Members, specifically Mr. Borton. Is all that clear to you and any concerns on your part? Miller: No concerns. We appreciate the opportunity to further this conversation. Thank you for your time tonight. Cavener: Mr. Mayor? Page 86 Meridian City Council Item#2. March 23,2021 Page 47 of 70 Simison: Councilman Cavener. Cavener: Motion, if I may. I move that we continue Item 24, the public hearing forAmbles Run Subdivision, H-2020-0124, to April 20th to allow the applicant to meet with the president of the homeowners association to discuss concerns and potential mitigation and to allow the applicant to provide a legal analysis or legal basis for the subdivision and for their proposed project. Hoaglun: Mr. Mayor, I second the motion. Simison: I have a motion and a second. Is there any discussion on the motion? If not, all in favor signify by -- or do we need a voice vote for that, Mr. Nary? Or roll call vote? Nary: Voice vote is fine. Simison: Okay. All in favor signify by saying aye. Opposed nay. The ayes have it and the item is continued. MOTION CARRIED: FIVE AYES. ONE ABSENT. Hoaglun: Mr. Mayor -- Simison: Thank you very much. Council, shall we take a 15 minute break and reconvene at 8:30? Hoaglun: Yes, please. Simison: Okay. We will take a 15 minute recess and start up at 8:30. (Recess: 8:16 p.m. to 8:31 p.m.) 25. Public Hearing for Compass Pointe Subdivision (H-2020-0100) by A- Team Land Consultants, Located at the Southwest Corner of E. Victory Rd. and S. Locust Grove Rd. A. Annexation and Zoning of 7.69 acres of land with a request for the R-15 zoning district. B. A Preliminary Plat consisting of 38 residential building lots and 10 common lots on approximately 4.69 acres of land in the R-15 zoning district. Simison: Okay. Council, are you ready to come back in? Excellent. Then we will move on to our next item on the agenda, which is a public -- just want to make sure I got the right one. Public hearing for Compass Pointe Subdivision, H-2020-0100. We will open this public hearing with staff comments. Page 87 Meridian City Council Item#2. March 23,2021 Page 48 of 70 Dodson: Thank you, Mr. Mayor, Members of the Council. The subject site before you consists of-- Hoaglun: Joe? Mr. Mayor? I'm sorry to interrupt real quick. Just for the record, Jessica -- Council Woman Perreault has -- has had to leave the meeting, so she's no longer with us, so I wanted to get that on the record, so -- thank you, Joe. Simison: Thank you, Councilman Hoaglun. Dodson: Thank you. The subject site before you consists of 7.69 acres of land, currently zoned RUT, rural urban transition, within the county. It is located at the southwest corner of Victory and Locust Grove intersection. There is county residential to the north that I believe did receive approval or is in the process of receiving approval as noted in the plan development map on the far right for a lower density subdivision and there is single family residential and R-8 zoning in all other directions. The project was heard -- this project was heard by the Planning and Zoning Commission on December 3rd. The Commission recommended denial of the project to the Meridian City Council. Following this recommendation the applicant made a request to the Council to be remanded back to P&Z with a revised plat and open space pursuant to the comments within the staff report and by the Commissioners. City Council agreed with those requests and remanded the project back. The main changes made by the applicant following this recommendation of denial are related to the number of residential units proposed, the road layout, the amount of usable open space, and the applicant is no longer requesting a PUD, a planned unit development. Therefore, the applications before you are for annexation and zoning of 7.69 acres of land, with a request for the R-15 zoning district, a preliminary plat consisting of 37 residential building lots and ten common lots on approximately 4.69 acres of land and, then, a request for private streets throughout the development and alternative compliance to connect a private street directly to an arterial street. Private streets and alternative compliance are handled at the administrative level. The proposed uses are all single family residential, but in multiple forms. Attached townhomes, which are triplexes and attached duplexes, and there are detached single family homes. Approximately four. The project is proposed with a gross density of 4.94 dwelling units per acre and a net density of 9.8, which is lower than the previous proposal. The applicant is proposing to construct private streets that are 24 feet wide, with five foot attached sidewalk on at least one side of the street throughout the project. In most cases on both sides of the street. The north end of the main street within the development, which is shown as Compass Lane on the landscape plans, the applicant is proposing an emergency only access out to Locust -- or, sorry, out to Victory Road. This access is required if more than 30 homes are to be constructed. The proposed access for this development is to South Locust Grove and lines up with East Coastline Street on the east side of Locust Grove, which is the access into Tradewinds and the future Teakwood Subdivision further to the east. The access point into the development does not meet ACHD district policy, but they are modifying the policy to accommodate this access because this is the best place for the access, because it is the furthest point away from the Locust Grove-Victory intersection, period, for this obtuse triangle or acute triangle. I don't remember fourth grade. This is largely because of the site constraints that do exist for the parcel. The site is a triangle Page 88 Meridian City Council Item#2. March 23,2021 Page 49 of 70 shape as noted, bordered on two sides by arterials and on one side by the Ten Mile Creek. There is no opportunity for public road connectivity or any road connectivity to any adjacent site. Therefore, ACHD recommended and prefers private streets. The city requires that private streets are to be used in either a MEW or a gated community. A MEW would be a vista or paseo if you are from the west coast. This applicant has proposed a gate meeting these code requirements, which is approximately here just for reference. Sorry. I lost my place. They are proposing a gate meeting the code requirements. Staff did recommend removing the parking spaces that are shown before the gate to ensure there is an area for vehicles to turn around should they enter on this private street on accident. The applicant is showing that revision on these plans. The proposed private streets are not wide enough to accommodate any on-street parking, so the applicant is proposing to construct extra off-street parking spaces along the main street as seen on the plat. There are no multi-use pathways proposed or required for the development. However, the applicant is proposing five -- a five foot wide pathway on this side -- this project side of the creek and behind the proposed homes. This pathway connects to the private streets at the southern end of the project and through the common open space a lot located mid block. The pathway also continues north and connects to the required sidewalk along Victory Road. In addition, staff recommended an additional pedestrian connection to the sidewalk along Locust Grove from the revised layout, which is this pedestrian connection here and the five foot pathway I'm referring to is this one for reference. The applicant did submit revised plans showing compliance with this recommendation. There is no existing sidewalk along Victory or Locust Grove, with both arterial streets are scheduled to be widened as part of the ACHD roundabout project scheduled in 2021, 2022 according to ACHD. With the roundabout project the applicant is required to dedicate additional right of way for the intersection and future widening of Victory and Locust Grove. To be clear, the proposed plat does show the accommodated additional right of way. ACHD is requiring that the applicant enter into a road trust for the arterial sidewalk improvements, instead of constructing them, since they will be constructed with the roundabout project. A minimum of ten percent qualified open space is required for this project, because it is over five acres in size. With the size of the plat the applicant should supply at least .77 acres of qualified open space or approximately 33,500 square feet. The applicant is proposing 3.9 acres of open space, of which 3.4 is qual -- is shown as qualifying, which is vastly more than the minimum. However, some of the area listed as qualified does not meet UDC standards due to their size not being at least 5,000 square feet or being near the dimensions of 50 by 100. Once this area is removed the qualified open space is proposed as just under three acres. More importantly, the open space for this development is largely made up of the Ten Mile Creek, which includes approximately 2.1 acres and, then, the arterial street buffers, which are approximately 19,000 square feet. All of this area is qualifying, but the creek will be left natural as is required by code and it will be a buffer and more of a visual amenity than usable open space. Abutting the creek and generally mid block with a pathway in it, the applicant is proposing an open space lot that is approximately 5,700 square feet. This open space lot contains one of the amenities and a micro path that connects to the private street and to the pathway along the creek. This open space lot and micro path offers a clear connection to the attached sidewalks throughout the development and to the additional open space a lot more centrally located within the development. This 5,700 Page 89 Meridian City Council Item#2. March 23,2021 Page 50 of 70 square foot open space lot is the most active and usable open space lot within the development. In general the applicant-- in general the applicant has increased the usable open space throughout the site following the Commission's recommendation of denial and other comments made by them and staff. With the reduction in unit count and additional centralized open space, staff finds the proposed open space not only in excess of code requirements, but also an improvement from previous layouts. The applicant submitted conceptual elevations for the proposed attached single family homes, both duplexes and the triplexes. The submitted elevation show all two story structures with the two car garages and finishing materials of wood and stone. In addition, the elevations show modern architecture designs with shed roofs, second story patios with glass railings, and stone accents that go from grade to the full height of the homes. Attached single family homes require design review prior to submitting for building permit and at that point staff will ensure full compliance with the architectural standards manual. Commission did recommend approval of the subject applications following the remand. There was a number of public testimony provided at the hearing. The key issues -- the key issues were the density of the project and the additional traffic that would be added to the adjacent intersection. Streets. There was discussion on whether the project complies with the Comprehensive Plan and in that it is a different type of residential than the surrounding neighborhood and that the proposed density is high density residential when adjacent neighborhoods are not. This was a sticking point where I had to do a zoning 101 conference with the hearing just to discuss that the zoning is not tied to the density ratio. So, the density is not tied to the zoning, it's tied to the future land use. And it is, in fact, in compliance with the density requirements within the Comprehensive Plan for the medium density residential designation. The Commission discussed all these issues, as well as the density with the revised plat following the loss of 11 total lots, showing this latest revision and they reviewed the changes that have occurred following. The only outstanding issues for Council are some conditions of approval regarding the plat and the landscape plan were not revised. However, those issues can be handled at the final plat stage. They are minuscule and administrative points largely. There were two pieces of testimony provided following the Commission hearing. One from a Kristen Thompson. She opposes the project based on the density and that it does not match the surrounding development and I believe a neighbor to the west, but a Ms. Patricia Johnson, who had concerns over the existing trees that are within the irrigation easement and abutting the Ten Mile Creek and noting overall safety concerns of within the creek should any changes occur to the site regarding landscaping. Following that I will stand for any questions by Council. Simison: Thank you, Joe. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Joe, do you know the distance from the entrance to the neighborhood to -- like the center point of that proposed roundabout? And if you don't -- I don't expect you to Page 90 Meridian City Council Item#2. March 23,2021 Page 51 of 70 know off the top of your head, but maybe to get that piece of information either for you, potentially for the applicant, potentially later. Dodson: Councilman Cavener, I do not have that off the top of my head. The applicant might know. He -- he took the underlying CAD drawing from ACHD in order to design the plat, so he would probably have that answer for you. Cavener: Okay. Thank you. Hoaglun: And Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: And, Joe, along those same lines, I was just curious in looking at your -- your PowerPoint you had up there, when --when you talked about the widening of both Locust Grove and Victory happening '21, '22 and where their entrance and exit would be it didn't -- it-- it was narrow at that time, but showing the roundabout. Is that part of that expansion or is it just the roundabout? Dodson: Councilman Hoaglun, that's a great question and that was brought up in the previous Commission hearing as well. So, to -- I clarified with ACHD that the roundabout project will go all the way to the end of their property, which includes the little bridge over the creek and all of that area is supposed to be widened, which will greatly help with pedestrian safety in that area. Hoaglun: Okay. Thank you. Simison: Council, any further questions? Okay. Then I will ask the applicant to, please, come forward and state their name and address and be recognized for 15 minutes. Arnold: Mayor, Members of the City Council, for the record my name is Steve Arnold with A-Team Land Consultants. Business address is 1785 Whisper Cove, Boise. 83709. And just to preface my -- my presentation, I did have computer issues earlier with my internet going down. If for any reason it does go down again I will call in and, Joe, I e-mailed you a copy of my presentation. So, with that said I will share my screen. Joe pretty much explained the site layout. I -- I will add to that. I do have some renderings of the type of buildings. One of the reasons that we are doing the buildings that we are is we are trying to get some diversity of housing types out in the area. So, Joe kind of went over all of this. I will go over kind of our old layout. This is what the City Planning and Zoning Commission denied and one of the reasons there was the massing along here was more than they liked. They also didn't like this long straight street and these two dead end roads. So, we ended up modifying the -- something like this with what I call is a lollipop, instead of two dead-end streets. This just gives you kind of an idea of the view. This is looking from Locust Grove north at our entrance. As you can see along here there is some bending of the roads and we did break up some -- a lot of the facade and the walls along there. This is from the north looking south. Again, just another -- different angle Page 91 Meridian City Council Item#2. March 23,2021 Page 52 of 70 that you can see that the -- the undulation of the roadway. This would be a view looking at our central park here, looking north and west and, then, this is a view from that park looking at the other little pocket park on the east side of the road and, again, you can see kind of the buildings and the different masses that we are proposing to -- to help break out a lot of the general massing along the road that we previously had when the Commission denied. I don't know -- and maybe, Joe, you can answer this -- do we need to go back into the changes in the draft DA that we -- we had approved at Planning and Zoning Commission? If we don't I will just move along. Dodson: Steve, no. If Council makes a recommendation -- or when they make a recommendation it will include those changes. Arnold: Okay. So, I will just go simply through the modifications that we did from the time we were denied by the Planning and Zoning to the time they approved it. So, we went from 48 building lots down to 37 and as, again, Joe noted, our density went from 6.24 lots per acre down to 4.81 and, then, we -- by doing so we also complied with the setbacks. Before we were asking for some relief of the setbacks, so -- which in turn eliminated the need for the PUD. We increased also the housing variety. We decreased the number of triplexes. Increase in single family and townhomes in there to get a greater mix and, then, we had some -- in the previous layout some odd shaped lots, which also, then, created some odd shaped housing and we eliminated that completely. And, again, as Joseph noted, we went from roughly 3.2 acres of open space to 3.7, a 35 to 44 percent increase. With the increase of open space we also added the addition of a dog park. I don't know that that was brought up in the -- the discussion, but up north along here we have created an additional park. It's just, I believe, under 6,000 square feet. So, the roadways, again, we eliminated the two dead ends. Created a lollipop, which eliminated the need for a fire turnaround. And, again, as noted we -- we put some S turns in the north-south lane to help break up massing and also create some different undulations with the building. We added the gated entry and we added pedestrian crossings along with a turnaround. So, there -- we did -- at staff's recommendation we eliminated some off-street parking right south of the gate and -- and provided that, so that cars entering weren't-- by mistake they can at least turn around fairly easily. I put this together just to give you an idea. The -- this property currently utilizes all of the city services, you know, school, police, fire, emergency services, et cetera, and this just kind of gives you an idea that-- what this site and its development will generate for the fees and taxes. Roughly the one time fees up front will be in that 560,000 range and, then, the taxes annually will be the -- roughly the 157 and all these numbers here are the current levy rates that are within the city. Basically -- and I will keep my end short, but we are asking for approval of the project, because we have complied with all of city code. We have met the comp plan and we have made all the staff recommendations. You know, we have been working with Joe on this for about ten months, that we have had a lot of his time and we appreciate all of the city's comments and input. We have also taken in all the neighborhood concerns about the density and have greatly reduced it. We took all of the Commission's recommendations or reasons for our previous denial and have made those changes and now we do have their approval. We -- I don't think I have ever worked on such a small subdivision that we have provided as much open space as we did, but it -- we do have quite a bit. Not to mention the -- the Page 92 Meridian City Council Item#2. March 23,2021 Page 53 of 70 amenities that we are putting within those open spaces. I think we have exceeded any kind of requirement for the city. You know, we are -- we are in this for the long haul. We are -- the developer is also the builder. So, it's -- you know, his reason for doing a nice project is not just to blow and go through the lots, but he is going to be building these things, so, you know, it would behoove him to, you know, spend the money up front and get higher returns on his homes that he builds, you know, and, then, us, we are continued to commitment to providing quality neighborhoods. I have done quite a bit of work with Meridian and I don't think that there is any one subdivision that can be I guess downplayed or that I regret doing. I think we have done good work within the city. The housing type, you know, I can go into the real estate market here, which is crazy stupid. We also market subdivisions. We are fully aware of the demand and our pricing, as brought up earlier, you know, lumber prices are through the roof. So, I think we are -- we are providing a product type that is in demand and will help out some of the housing demands. The site is in-fill. I mean, you know, it's currently using the city services. You know, by developing it we are going to be able to bring in some fees and funds that will help finance those. Annexing the property, frankly, will financially help pay existing service in the immediate area. Based on that we are asking for your approval and I appreciate your time and I will stand for any questions. Simison: Thank you. Council, any questions? Cavener: Mr. Mayor? Simison: Mr. Hoaglun. Cavener: It was Mr. Cavener. Simison: Councilman Cavener. Cavener: Sorry, Mr. Mayor. Thanks, Mr. Mayor. Steve, thanks for your presentation. will ask you the same question I asked staff. What's the distance between the entrance to your proposed neighborhood and that roundabout? Arnold: If I can share another screen -- if I can figure that out I will get you that answer. I lost it. Johnson: Sorry. I stopped that one. If you could start a new. Arnold: Oh. Got you. Do you see this? Cavener: Uh-huh. Arnold: Okay. I will measure it. I don't fully know right off the top of my head. So, if you go -- 765 feet. Cavener: Okay. Thank you. Page 93 Meridian City Council Item#2. March 23,2021 Page 54 of 70 Hoaglun: Mr. Mayor? Simison: Councilman Cavener. Hoaglun: It's Councilman Hoaglun. Simison: Well, you guys -- I can't see your faces. Hoaglun: Oh for two. Simison: This at home is for the birds, I'm just going to be honest with you. Councilman Hoaglun. Hoaglun: Mr.Arnold, question about the timing of your project. If this were to be approved what -- when is your start date, when do you plan on finishing up all those plans that you have? Arnold: Mr. Mayor, Councilman Hoaglun, following -- assuming we get approval, we would immediately turn around and start engineering drawings. Typically it takes between two to four months from the time you start to the time that you complete. We will be coordinating with ACHD -- I believe they start the roundabout this summer. I anticipate a, oh, five to six month construction window and our proposal is to build -- build the entire thing in one phase. Hoaglun: So, Mr. Mayor, follow up? Simison: Councilman Hoaglun. Hoaglun: Mr. Arnold, the homes would be up for sale January of next year. What-- what -- what is that time frame and when is the completion of the roundabout scheduled? Arnold: The -- the completion of the roundabout I believe is in November, December. I don't think it's a very large project for ACHD. But I do believe it was going to be completed either at or around the time that we would start construction. But the -- the -- if the question is will the -- when the housing starts will the roundabout be done and, yes, I fully envision that. Hoaglun: Okay. Thank you. Simison: Council, any further questions for the applicant? Okay. Thank you. Mr. Clerk, do we have anybody signed up to provide testimony on this item? Johnson: Mr. Mayor, in sign-ups no one indicated they wished to testify, but there are people present and I will call up Mr. John Buckner. Page 94 Meridian City Council Item#2. March 23,2021 Page 55 of 70 Simison: Okay. And if there is anybody who is on the Zoom call and you would like to provide testimony, please, use the raise your hand feature and we can bring you in for-- to testify. Buckner: Thank you. I'm sorry. Simison: State your name and address for the record, please. Buckner: John Buckner. I live on 3877 South Picasso Avenue in Meridian. I'm right down the street from this intersection. I want to thank the Council, Mayor Simison, for the opportunity to speak. I want to say that I love Meridian and I'm for development, I'm for growth, I'm just for growth that makes sense and that really isn't inappropriate. For example, sticking an R-15 zone right in the middle of an area that consists primarily of R- 8s and R-4s just really doesn't make sense. I would like to see a revised plan with no more than an R-8 and a reduction of a minimum of about ten units to the design and just to add onto what Planner Dodson said, there were about 50 entries in the website, just to let you know, voicing contest of the plan. The application does not comply with many of the city's standards or the Comprehensive Plan, besides those that were gone over. For example, the subdivision design and improvement standards, UDC 11-3C-6 requires that off-street parking is provided. The application did not comply with these standards according to this staff report. The private roads and available spaces don't accommodate this requirement. The staff recommended the developer require -- and bylaws the garages be forbidden use as storage, which Commissioner Seal in a previous hearing already said is a very likelihood, so that whatever space is available in the parking spaces and on the pads is probably not going to be efficiently used and cars are going to be spilling over causing congestion and potential safety hazards for the neighborhood. Also the -- it doesn't comply with many action items of the Comprehensive Plan. For example, 5.01.00, which requires a sustain entrance promote -- sustain, enhance, promote and protect elements and contribute to the livelihood and quality of life for the residents. Adding 37 units is about two cars each. That's about 74 units. The density is really going to make things not -- not a high quality of life for the existing residents or even new ones for that matter. According to the December staff report there were 30 crashes in the past year within one mile of the intersection. I have had the opportunity to witness two of them after the fact. So, jamming in 74 vehicles in this area is not really going to help that situation. Also according to 5.01.02E, the Comprehensive Plan requires to support and protect the identity of existing residential neighborhoods. As you have seen in the photos and also on this plan, the houses take a drastic deviation from the identity and the character of the rest of the neighborhood, which does not really comply with that. The homes are very townhome and modern styled, not like the homes that already pose some diversity. For example, I live in Green Valley, which is right across the street from Tuscany. A very beautiful development to Steve Arnold's credit. However, there is much diversity in that neighborhood without going to the drastic effect of making our nice committee to look like an urban city, a very modern city, and I don't think that's a necessary step in order to add diversity to our city. Anyway, I would like to thank you for the opportunity and please consider what we -- how we feel, because you do represent us. Thank you. Page 95 Meridian City Council Item#2. March 23,2021 Page 56 of 70 Simison: Council, any questions? Johnson: Mr. Mayor, nobody--excuse me. Nobody online. Looking in the room. Anyone else? Okay. I believe everyone has testified, Mr. Mayor. Simison: Would the applicant like to make any final comments? Arnold: Yes, I would. Can I also share my screen again and I will -- I will just go through some of his highlights. I guess Joe could probably do this better than me, but given the R-15 discussion about zoning, you know, we are not going in R-15 so that we can bump the density up and if we did the R-10 1 -- there is not an R-10, but the R-8, the dimensional standards don't work for the product type that we are trying to do. So, that's the only reason we are going for R-15 is not density, but dimensional standards. It was brought up that the garages not be used for storage. We fully intend to do that through our CC&Rs. I know the city through previous hearing, you -- you guys don't enforce CC&Rs, nor do most other cities, but that's something that we also want and we are -- we have done it in other subdivisions that we have worked in and it's worked. So, our plan is to do it in this one. But regardless of the -- the -- the parking, we are -- there is a place on Lot 1, Block 4, that we are adding additional parking on. Our concern is also parking. We don't want to have parking be an issue. The garage -- so, assuming -- we will put those in the CC&Rs. Also -- we also have two parking stalls outside of the garage and some of these units are two bed, two and a half bath. So, we are exceeding parking quite a bit. There was a statement about additional traffic and accidents. I -- the traffic out there, as the intersection currently sits, is a problem. ACHD recognized that in their analysis, but they also recognize that it is a short term issue and by the time that our traffic hits the road we will have a fully improved intersection with a roundabout that has significant less accident rates than a stop controlled -- or a stoplight control signal. So, that problem all goes away. I chose the modern design out there, because I didn't see anything out in that area and our plan is to market the subdivision. So, I think it would be a product type that would meet a demand that's not in the area. If it's the direction of the Council that you want us to do a different design type, we can certainly do that. And as Joe stated, this project goes through a design review. So, this is not the last time that the city will see this. You know. And, again, we are not tied in any way to the specific design. I just personally thought it would be a good hit out there. But we will do whatever the city wants us to on that. And that's all the follow up I had. So, I will stand for questions. Simison: Thank you. Council, any additional questions? Hoaglun: Mr. Mayor? Simison: You're going to have to -- Hoaglun: Councilman Hoaglun here. Simison: Councilman Hoaglun. Page 96 Meridian City Council Item#2. March 23,2021 Page 57 of 70 Hoaglun: Just to kind of ask Mr. Arnold a question about-- are you aware that in the past we have had some annexations if they are above five acres that we have continued them to a date certain beyond the -- what we think would be the end of the legislative session due to some of the legislation that's been proposed regarding property taxes and the impact it would have to our city budgets? I don't know if you are aware of that or not. Arnold: Mayor, Councilman Hoaglun, yeah, I was given that heads up by the -- the staff. Joe gave us a heads up and he wasn't sure and at the time I asked, you know, do we ask for a continuation and just not, you know, I guess present it tonight and it was recommended that we do that. One of my reasons for putting together that financial analysis was that, you know, as it currently sits I think that the city's better off, you know, annexing this property than not, although I'm not that familiar with the legislature. I did see some dates in there that -- that it was going to affect properties annexed after July of 2021 and I didn't fully understand that. So, I have been made aware that this was a concern by the city. Hoaglun: Mr. Mayor, follow up. Simison: Councilman Hoaglun. Hoaglun: Yeah. And you are correct. And one particular piece of legislation that we were following did -- did lose in the state senate by one vote. However, the session is not over. It's been made very clear by certain members of the house that it is a top priority for them to -- to reduce city budgets, which for a growing community like Meridian impacts our ability to pay for services that growth requires and I guess that's a question for Council at this point in time. Do we want to have a further discussion about this now that we have gone through the testimony or do we wish to pause and -- and move it to a date certain until after the legislature adjourns. This is 7.69 acres. Kind of somewhat qualifies for in- fill, but I would think based on our previous conversation that we had kind of decided anything about five acres due to the impacts we would wait until we know -- we have some certainty about what the legislature is going to do. So, what's the desire of the Council when it comes to that? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I'm glad you brought that up, Councilman Hoaglun. I think it's most prudent to stay the course. I think our cautious continuances to see what the financial landscape is is still the right way to go for the exact reasons we stated earlier and I think that applies to this project. Just defers a decision until we have got the legislation and the session completed. Strader: Mr. Mayor? Simison: Council Woman Strader. Page 97 Meridian City Council Item#2. March 23,2021 Page 58 of 70 Strader: Yeah. I think consistency in how we treat applications is really important right now, so that we are not creating an atmosphere of winners and losers. We are treating each one -- sticking to our guidelines that we laid out. I do want to state that I think some of the changes that the applicant made I really applaud and think some of these changes have been really positive overall for the project. I think it's headed in the right direction. But I do agree that probably continuing this until after the legislature hopefully is done and we will all breathe a sigh of relief and we will be able to go about our business at that point. Cavener: Mr. Mayor, this is Council Member Cavener. Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. I agree with my fellow Council Members. I will be real frank, I have got some real concerns about this project and will welcome the opportunity to address those with the -- with the applicant at a later point in time. I would just maybe urge the Council as we think about this -- I know we have been continuing them with the hope of having those continuances begin in -- in mid to late April. With -- with the legislature taking a two week pause, it sounds like that they are not going to be wrapped up for the end of the year until probably the end of April. So, as we contemplate when we want to continue this project to, I think it's important that we don't schedule it so quickly that we, then, are kind of recontinuing it at a later point in time. So, we might want to be looking towards maybe a Council meeting in mid to late May. Hoaglun: Mr. Mayor, Councilman Hoaglun here. Simison: Councilman Hoaglun. Hoaglun: Yeah. And that is something we are looking at. They would like to get wrapped up within two weeks after going back in, but as you know that oftentimes is not achieved. But I think if-- if-- looking at the schedule and consulting with the city clerk, April 27th is -- is a possibility that they could be done and we do have an opening there without having stacks of hearings that night. Mr. Arnold, is that something that's workable for you? Arnold: Say again. The time was late April? Hoaglun: April 27th. Arnold: It is doable for my schedule. I can make that work. And one of my thoughts is if this new legislature only affects properties greater than five acres, we can -- I mean the -- the -- the channel or the Ten Mile Creek there, we could split that off and we could just annex the development ground, because we don't need that property to develop. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Page 98 Meridian City Council Item#2. March 23,2021 Page 59 of 70 Hoaglun: Yeah. Mr. Mayor and Mr. Arnold, yeah, you probably misunderstood my -- my five acre comment, because that was more of what we decided if the parcel is five acres or greater that's requesting annexation we would give pause. We were trying to find -- do we do everything that's requesting an annexation and we determined there are some really true in-fill developments that -- the two acre or three acre parcels are in-fill, but above five acres it was just our cutoff for determining, okay, what are we going to pause on, what will we continue to hear, and the five acres is what we kind of came to a consensus on. So, yeah, it doesn't matter. You are requesting annexation for that whole site of 7.69 acres. So, that kind of falls into that, unfortunately, for -- for you. And we really don't know. They could put an emergency clause on future legislation that starts when it becomes law, if it becomes law. So, we just have to be prudent. You know, we are a fiscally conservative community in how we spend money and we would rather save and pay for it and not borrow and we think that's the best way to go. So, we just want to make sure we know the impacts to our budgets before we approve development that we aren't able to fully realize revenue from to pay for the impact. So, nothing -- nothing about your project that -- that is -- is unworthy, but, you know, certainly we are just doing this with a number of other projects as well. So, hopefully you understand. Arnold: Mayor and Councilman Hoaglun, yes, I do. I do have a follow-up question for Councilman Cavener. You said you had some concerns with the property. Is there something that we should be looking at trying to do before our next meeting? Cavener: Mr. Mayor, Council Member Cavener. Simison: Councilman Cavener. Cavener: Thanks, Steve. Appreciate the question. I mean I think for me there -- there is a host of concerns. My biggest concern is the amount of units on that particular piece of land and particularly how it's got one entrance and one exit and its close proximity to -- to Locust Grove. Now, some of my concerns, too, are about the parking that's -- that's not made -- made available. I mean it was one of my questions. You said that you have got a -- a spot where you are going to be putting additional parking. I would be curious how many spots that is and if you would show us where that is. I mean those can be conversations at a later point in time or we can discuss that this evening. I have got some kind of head scratches about the -- the architectural design of it. That's not a piece that I necessarily get into. You know the market better than I and if somebody's interested in buying something that looks like that I'm all for it, but, you know, we heard from some of the members of the public and it was definitely shared at the Planning and Zoning Commission the amount of units that you are trying to put in kind of-- again, I recognize it's a challenging in-fill spot, but if your only concerns about the dimensional standards, you could achieve that with fewer units as well. So, those are some of my overall concerns why I'm not quite sold that this is the best use of that particular land in that particular part of our community. Hoaglun: So, Mr. Mayor? Page 99 Meridian City Council Item#2. March 23,2021 Page 60 of 70 Simison: Councilman Hoaglun. Hoaglun: Unless we have anymore comments about this to -- to prepare for a continuance, I would move that we continue the public hearing for H-2020-0100 to April 27th. Cavener: Second. Simison: I have a motion and a second to continue this item. Is there any discussion on the motion? I will just make a quick comment on -- on the -- on the motion and on this part on this parcel. I do think it's a good thing for this parcel's features to be decided as this roundabout is put in. I think the timing is appropriate for a whole host of reasons. So, hopefully, there is a solution out there that can be come to, either the next meeting or future, because this is always -- this is going to be a huge challenge long term. But I also applaud Council's continued discretion as we wait for the resolution on property tax legislation. So, with that, I have a motion and a second. Any further discussion? All those in favor signify by saying aye. Those opposed nay. The ayes have it and the motion is agreed to and we will pick this up again at the end of April. MOTION CARRIED: FOUR AYES. TWO ABSENT. Simison: Thank you, Mr. Arnold. Appreciate it. Borton: Thanks, Steve. ORDINANCES [Action Item] 26. Second and Third Reading of Ordinance No. 21-1916: An Ordinance Adding a New Section to Meridian City Code, Section 7-2-2(B)(8), Regarding Prohibited Parking in Front of Mailboxes; Adopting a Savings Clause; and Providing an Effective Date Simison: Okay. Next up we have moved on to Item 6 under ordinances, which is the second and third reading of Ordinance No. 21-1916. 1 will ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance adding a new section to Meridian City Code, Section 7-2-2(b)(8), regarding prohibited parking in front of mailboxes; adopting a savings clause; and providing an effective date. Simison: Thank you. Council, any discussion or do I have a motion? Borton: Mr. Mayor? Simison: Councilman Borton. Page 100 Meridian City Council Item#2. March 23,2021 Page 61 of 70 Borton: Move that we approve Ordinance No. 21-1916. Strader: Second the motion. Simison: I have a motion and second to approve Ordinance No. 21-1916. Is there any discussion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I was under the impression we were going to have a public hearing on this. I thought that was the discussion -- that was the discussion last week is that we were adding a public hearing to this item. Simison: I don't think that was decided in the conversation. I think it was part of the conversation about whether or not we would or wouldn't. I recall Council --at least Council President Bernt indicating that he felt like that we were not going to have anybody and that was my position as well. But no public hearing was added on this item. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: And that was my impression as well. I knew -- we had the discussion and I thought it ended up that we would not have a public hearing, so -- Cavener: Mr. Mayor, my recollection was -- was different. I appreciate your feedback. Mr. Hoaglun's feedback. It is what it is. But I was under the impression that we were going to have a public hearing, so I appreciate the feedback. Nary: Mr. Mayor? Mr. Mayor? Simison: Yes. Nary: It's Bill. Mr. Mayor, Members of the Council, so a public hearing doesn't have to be separately noticed for a reading. So, you can simply call the question in the room. There are people still here. So, I don't know if they are here for this ordinance, but you don't need to notice it separately if that's your concern. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Then I guess I will speak to at least my -- my surprises. I had heard from members of our community who did want to testify in this. It's clear there are people that Page 101 Meridian City Council Item#2. March 23,2021 Page 62 of 70 are in the room. Again, I don't want to set an inappropriate precedent. I'm happy to support whatever the body wants to do. I don't think that I could be supportive of this ordinance without a public hearing personally. That's just my personal view. But I will leave it up to the body to decide how we want to move forward. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: The reason I was comfortable moving forward is this is the fourth time it's been on a public agenda and an opportunity for folks to comment both in the meetings and catching us offline over the course of the last four months, so I'm comfortable moving forward. I just feel like we have had complete ample opportunity for anybody who wants to participate, share their information, to do so and many have. Some -- so, prepared to make a decision. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I was prepared to make a decision and vote on it, but if what Mr. Nary is saying is that you could just open it right now for folks that may have had a different impression and let them testify at this time, in case they were confused, I would support that, if that is possible now. I don't want to hold this up longer than tonight, but if someone -- it sounds like there was some miscommunication. I'm more on board with getting everybody on board. If we can open it up right now for anybody that may have been under a different, impression had comments, I'm -- I support that at this time, if that's possible. Simison: Is there anybody in the room or online that would like to provide comments on this item? Hoaglun: Yes, Mr. Mayor, it looks like we have someone. Simison: Okay. If they would like to come forward and make comments for three minutes. Butterworth: Mr. Mayor and Council Members, my name is Thad Butterworth. I reside at 478 East Lake Creek Street in Meridian. Hoaglun: I'm sorry, what was the name again? I missed that. Butterworth: Thad Butterworth. Hoaglun: Okay. Thank you. Butterworth: Yes. I would urge you to vote no on this ordinance and there is one main reason and that reason is that this ordinance is taking the self governance away from Page 102 Meridian City Council Item#2. March 23,2021 Page 63 of 70 people where they could just be responsible citizens and do what they need to do, have discussions with neighbors and work things out. I will just say I have had issues like this where neighbors have blocked mailboxes before and a simple conversation was all it took to resolve the issue. It did not require laws. It did not require more fines. It did not require handing over more power to the government. This -- we really have to be careful in this time to not continue to have overreaching government mandates. Quite frankly, we have enough already that even a businessman like me is having to do all sorts of things to make my business work just because of the overreaching mandates, some of them having been passed by this Council. So, we really need to be careful about adding more laws and more ordinances when most of our people are responsible anyways and, quite frankly, the Postmasters General have tools that they can use that are at their disposal that they can use to deal with these sorts of issues if you have consistent -- someone is consistently violating the laws that are already on the books. It is already illegal to interfere with the delivery of mail. I'm sure you are all aware of that. Adding this parking ordinance is only going to create more problems. You are also now talking about micromanaging people, so anytime you start to micromanage people there are always unintended consequences. I will tell you a couple of them I'm concerned about right now. One is parking. You know, are -- we are already facing some major parking issues in this city and if we pass this ordinance we are going to increase those issues. You are also talking about putting more burden on law enforcement to go around and write these tickets and everything else, when, quite frankly, most of this can be solved between neighbors and it has been for quite a while and I have seen it, like I said, even personally in my life. I really would urge the City Council to not pass this ordinance. There is no reason for it. It can be handled in much better ways and you are just adding more government overreach in a time when we are already concerned about how much there is. Thank you. Simison: Thank you. Council, any questions? Butterworth: Yes. Simison: Thank you. Butterworth: Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Code enforcement is in the room and if she would like to speak it -- because I think she's talked before about how they are planning on going about with the enforcement. Certainly understand Thad's comments, you know, we don't want to have a government overreach, we want people to resolve the problems first, but there are times you get people who don't want to follow laws and could care less about their neighbors. So, for those rare occasions, fortunately, in Meridian we do need I think some enforcement tools and that's what this would give us. So, if we could have code Page 103 Meridian City Council Item#2. March 23,2021 Page 64 of 70 enforcement come up and talk about how you plan on going about dealing with people in these situations. Ooi: I'm Lacy Ooi. Code Enforcement Supervisor. We address most of our parking complaints on a complaint basis and it's also an educational system. So, our goal would be to educate someone of the violation and if they were within a close proximity of, you know, eight feet, as opposed to ten feet, that would be issuing a warning or contacting them. Our goal would be to get the vehicles to move, but without the code being on the books we don't have the ability to ask for that. So, it would just be a way of giving us a tool to be able to educate people on that and I would say a good majority of our job is dealt with in the areas of neighbors that don't talk to neighbors. Simison: Thank you. Council, any questions or comments for Lacy? Okay. Thank you, Lacy. Is there anybody else that like to provide comments on this item? If there is anybody online that would like to provide comments you can use the raise your hand feature. Seeing nothing else, Council, what's your pleasure? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I think Thad brings up a lot of valid comments about the ordinance and the role of government and I think that's some of the balance and consideration that this ordinance imposes upon us. Kind of the pros and cons of doing so and understanding that code enforcement is looking at this with a focus on education and trying to facilitate compliance, not to be heavy handed. Certainly we will have internal data to see how much communication we have. How this tool utilizes improving independent decision making of our citizens. I think it can be a net positive, but we will certainly keep an eye on it. So, with that education, constructive focus, I still recommend that we proceed forward with the ordinance. Cavener: Mr. Mayor, Council Member Cavener. Simison: Councilman Cavener. Cavener: First to Council, my apologies for misunderstanding our meeting last week. Apologies for throwing a wrinkle in kind of a procedural piece. I really appreciate I think what's trying to be intended here and appreciate Council Member Borton for bringing this forward. Again, you guys know my sheer joy about local government that we wrestle on these little things are big things to us. You know, Council Member Borton pointed out we have been talking about this it seems like for a -- for a number of months and along the way I voiced my concern about I think that the -- the length of distance is too high and my overall concerns about this being weaponized amongst neighbors who aren't able to get along. I think Council Member Borton did a really good job of making the -- the life safety case about we don't want to stop the postal service from being able to deliver crucial medications to the public or the people who are ordering them. I did a little bit of research Page 104 Meridian City Council Item#2. March 23,2021 Page 65 of 70 just for everyone's benefit. The vast majority of life saving medications that typically come directly from a pharmacy or direct from the manufacturer are shipped via FedEx or UPS, so they are delivered to the doorstep. In addition, Amazon, which is, you know, building a facility here in Meridian that does pills, also has an agreement with the postal service to deliver those to sign for them at the doorstep. So, I have kind of weighed the -- the life safety benefit with the common sense benefit and I -- I just have come to the crux that I think ten feet on both sides of the -- of the postal box or the mailbox is just too high for me. You know, I think I would be supportive of something that's much smaller. It sounds like that doesn't work for the Postal Service. So, I appreciate the good conversations about this. I just haven't been able to get to the threshold that I can be supportive of the ordinance. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I support the ordinance. I appreciate Mr. Butterworth's comments as well. However, I don't believe that the existence of an ordinance absolves all of us from using common sense and being good neighbors. This is a tool and I'm confident that the code enforcement team will use education and that they will use the tool wisely and if it's not being used wisely we will certainly revisit, but at the end of the day to me the -- you know, the -- the risk of not having this tool I think is greater and the impacts potentially to people are greater. I think it's -- you know, let's say that 20 percent of the medications come through the Postal Service. That still a pretty important thing for somebody; right? And I -- I don't think that the inconvenience of someone really weighs against that, them moving their car if our enforcement team tells them to and they don't want to listen. So, that's where I'm falling on it. At first I thought ten feet each direction seemed a lot, but given the fact that the vehicle itself is 14 feet and that we are going to be leading with education, that's -- that's where I fall is in support. Simison: Council, any further conversation or a motion? Johnson: Mr. Mayor, there is a motion and a second, if it still stands. Simison: Okay. If the motion and the second still stands, any further dialogue? If not, Clerk will call the roll. Roll call: Bernt, absent; Borton, yea; Cavener, nay; Hoaglun, yea; Strader, yea; Perreault, absent. Simison: Three ayes. One nay. The ordinance is approved and passed. MOTION CARRIED: THREE AYES. ONE NAY, TWO ABSENT. Page 105 Meridian City Council Item#2. March 23,2021 Page 66 of 70 27. Ordinance No. 21-1923: An Ordinance Repealing Meridian City Code Section 7-1-14, Regarding Handheld Devices, and Providing an Effective Date Simison: Next item on the agenda is Ordinance No. 21-1923. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance repealing Meridian City Code Section 7-1-14 regarding handheld devices and providing an effective date. Simison: Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Sorry -- sorry, Mr. Mayor. Just for your benefit, nobody in the room is raising their hand to want to hear it read in full, so I'm happy to make a motion if that's okay. Nary: Mr. Cavener, could I put something on record first for a moment? Cavener: Sure. Nary: So, Mr. Mayor, Members of the Council, I just wanted to put on the record so that it's clear from the public's perspective. We passed this ordinance in November of 2019. We did a public education process and enforcement. We began enforcing it in January of 2020 and enforced it throughout 2020. The Idaho legislature passed a similar ordinance prohibiting handheld devices during the legislative session last year. It went into effect in July and they did the education program until the end of the year and began enforcing it in January. I checked with our prosecuting agency. There is no more citations left under this ordinance. So, it is repetitive and that was the basis for why the repeal was there. Since we hadn't talked about it previously I just wanted to make sure it was clear on the record. We weren't taking something away, we were simply not duplicating what's already being done by the state. Simison: Thank you, Mr. Nary. Simison: Mr. Cavener. Cavener: Thank you, Mr. Mayor. I move we approve Ordinance No. 21-1923 with suspension of rules. Hoaglun: Second the motion. Page 106 Meridian City Council Item#2. March 23,2021 Page 67 of 70 Simison: I have a motion and a second to approve Ordinance No. 21-1920 with suspension of the rules. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the ordinance is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. 28. Ordinance No. 21-1925: An Ordinance Amending Title 1, Chapter 7, Section 10, of the Meridian City Code, Regarding the Procedure for a Request for Reconsideration of a Land Use Decision; and Providing an Effective Date Simison: Next up is Item 28, which is Ordinance No. 21-1925. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. This is an ordinance amending Title 1, Chapter 7, Section 10, of the Meridian City Code, regarding the procedure for a request for reconsideration of a land use decision and providing an effective date. Simison: Mr. Nary, would you like to make any comments, since we put this on the record? Nary: Thank you, Mr. Mayor, Members of the Council. So, the basis of this was we had earlier a request for reconsideration that was delivered to the Planning Department, to a planner. The discussion at the time was all city service of any type of legal documentation goes to the clerk. So, the purpose of the ordinance was to direct people from the state code to the city code to give them the procedure they needed to follow to request this process and we wanted to make sure it didn't get lost, it didn't get misplaced, it didn't get misdirected. The Clerk's Office will know what to do. This is why it's just to clean up in my opinion, to just make sure it's clear. Everything goes to the clerk and, then, it will get disseminated from there. Simison: Thank you. Council, do I have a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Did I ask if anyone would like it read in its entirety? I think I did. Mr. Cavener. Cavener: Thank you, Mr. Mayor. There is staff and Council left in chambers right now. So I move that we approve Ordinance No. 21-1925 with suspension rules. Hoaglun: Second the motion, Mr. Mayor. Simison: I have a motion and a second to approve Ordinance No. 21-1925 under suspension of the rules. Is there discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. The ordinance is adopted. Page 107 Meridian City Council Item#2. March 23,2021 Page 68 of 70 MOTION CARRIED: FOUR AYES. TWO ABSENT. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Very briefly. Thank you to your office and to legal. This is something that came up and got remedied relatively quickly. It got on the faster track of amendments and improvements. So, thank you for making sure that happened. It didn't get lost in the mix, so -- 29. Ordinance No. 21-1922: An Ordinance (H-2020-0115 — Schnebly Annexation) for Annexation of a Parcel of Land Being a Portion of the Southwest Quarter of the Southeast Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 0.749 Acres of Land from RUT to R-2 (Low Density Residential) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: Yes. We are trying to get more efficient in how we move things forward to come up that are quick fixes. Next up is Ordinance No. 21-1922, ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to H-2020-0115, Schnebly Annexation, for annexation of a parcel of land being a portion of the Southwest Quarter of the Southeast Quarter of Section 8, Township 3 North, Range 1 East, Boise meridian, Ada county, Idaho, as described in Attachment "A" and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of 0.749 acres of land from RUT to R-2, Low Density Residential Zoning District, in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Cavener: Mr. Mayor, Council Member Cavener. Page 108 Meridian City Council Item#2. March 23,2021 Page 69 of 70 Simison: Councilman Cavener. Cavener: Move we approve Ordinance No. 21-1922 with suspension of rules. Hoaglun: Second the motion, Mr. Mayor. Simison: Have a motion and a second to approve Ordinance No. 21-192 under suspension of the rules. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the ordinance is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. 30. Ordinance No. 21-1924: An Ordinance (H-2020-0099 — Mile High Pines) for Annexation of a Parcel Located in the NE '/4 of the SE '/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 17.46 Acres of Land from RUT to R-15 (Medium High Density Residential) (11.44 Acres) and C-C (Community Business District) (6.02 Acres) Zoning Districts in the Meridian City Code; Providing that Copies of this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: Next up is Ordinance No. 21-1924. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mayor. It's an Ordinance H-2020 -- related to H-2020-0099, Mile High Pines for annexation of a parcel located in the NE '/4 of the SE '/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada county, Idaho, adjacent and contiguous to the corporate limits of the City of meridian As requested by the City of Meridian; establishing and determining the land use zoning classification of 17.46 acres of land from RUT to R-15 (Medium High Density Residential) (11.44 Acres) and C-C (Community Business District) (6.02 Acres) Zoning Districts in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like the ordinance read in its entirety? Cavener: Mr. Mayor, Council Member Cavener. Simison: Councilman Cavener. Page 109 Meridian City Council Item#2. March 23,2021 Page 70 of 70 Cavener: Nobody's raising their hand, so I move we approve Ordinance No. 21-1924 with suspension of rules. Hoaglun: Second the motion, Mr. Mayor. Simison: I have a motion and a second to approve Ordinance No. 21-1924 under suspension of the rules. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. The motion is agreed to and the ordinance is passed. MOTION CARRIED: FOUR AYES. TWO ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics this evening? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Not a future meeting topic. I just -- I want to reiterate my apologies to you, Mr. Mayor and Members of the Council, for -- for misunderstanding our meeting last week and while the person who told me they were going to come and testify didn't, I appreciate you accommodating the members of the public and them that sat through our meeting to hear it out and, again, sincere apologies for not tracking the agenda properly. Simison: I understand why there was confusion. It's not always a clear yes or no, but it's -- the will of the Council appeared to be in that direction, as well as myself. So, with that do I have a motion to adjourn? Hoaglun: Mr. Mayor, move to adjourn. Cavener: Second. Simison: Motion and a second to adjourn. All in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 4 / 6 / 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 110 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the March 9, 2021 City Council Work Session Page 5 Meridian City Council Work Session Item#1. March 9, 2021 Page 20 of 20 else on this item? All right. Thank you. Appreciate -- Carson: Thank you, Mr. Mayor, Council Members. Simison: Yes. With that, Council, we are at the end of our work session. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Second the motion, Mr. Mayor. Simison: I have a motion and a second to adjourn. All in favor signify by saying aye. All opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:26 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 3 / 23 / 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 25 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Approve Minutes of the March 9, 2021 City Council Regular Meeting Page 26 Meridian City Council Item#2. March 9, 2021 Page 55 of 55 Simison: Yeah. That was on my note. I mean, obviously, based upon the conversation, but I can think back to three separate fencing conversations along the waterways over the last -- I want to say four months and I have no idea what our consistency is in those conversations. Bernt: Good points. Good points. Simison: Okay. Anything else, Council? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Second the motion, Mr. Mayor. Simison: Motion and a second to adjourn the meeting. All in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 9.27 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 3 / 23 / 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 81 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Idaho Fitness Factory Water Main Easement No. 1 Page 82 Proiect Name(Subdivision): ADA COUNTY RECORDER Phil McGrane 2021-046526 Idaho Fitness Factory BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 03/24/2021 09:45 AM CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number; Identify this Easement by sequential number if Project contains more than one Water Main easement. (Sea Instructions for additional information), WATER MAIN EASEMENT THIS Easement Agreement, made this 23rd day of March , 20 21 between I FF Properties, LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the i Grantee the right-of-way for an easement for the operation and maintenance of water mains 3 over and across the following described property: (SEE ATTACHED EXHIBITS A and B) I The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring E anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees,brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 Item#3. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: f Its Mana r Cote/ o `�`r;,� STA OF IDAHO } } ss County of Ada } This record was acknowledged before me oj E� 2 � (date) by t (name of individual), [complete the following i signing in a representativ capacity, or strike the following if signing in an individual capacity] on behalf of IFF Properties, LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Manager (type of authority such as officer or trustee) ! (stamp) KEW VM HOUYEN No Si afore No7ARY PUBm.STATE OF IDAM gn co►,+MissloNNuµKR478M My Commission Expires: W c0MMWg N EXpfts 8•14.2o24 Page 84 Water Main Easement Version 01/01/2020 Item#3. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-23-2021 Attest by Chris Johnson, City Clerk 3-23-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 3-23-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. i 3 (stamp) Notary Signature My Commission Expires: 3-28-2022 s i i Page 85 Water Main Easement Version 01/01/2020 Am March 8,2021 Project No.20-006 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement over a portion of Lots 7 and 8,Block 2, Paramount Square Subdivision(Book 109,pages 15,586-15,588),situated in a portion Section 25,Township 4 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found brass cap markingthe Southeast corner of said Section 25,which bears S00°22'56"W a distance of 2,640.03 feet from a found aluminum cap marking the East 1/4 corner of said Section 25,thence following the easterly line of said Section 25, N00°22'56"E a distance of 48431 feet; Thence leaving said easterly fine, N89'37'04"W a distance of 38.00 feet to the Northeast corner of said Lot 8; Thence following the northerly boundary line of said Lot 8, N89°37'04"W a distance of 132.24 feet to the POINT OF BEGINNING. Thence leaving said northerly boundary line,S00"24'52"W a distance of 15.00 feet; Thence N89'37'04"W a distance of 15.50 feet; Thence S00°22'56"W a distance of 132.64 feet to the northerly line of an existing Cross Access, Public Utility, Sewer and Water Easement(per Inst.No,2016-039399); Thence following said northerly line, N89'37'04"W a distance of 20.00 feet; Thence leaving said northerly line, N00°22'56"E a distance of 147.64 feet to the northerly boundary line of said Lot 7; Thence following the northerly boundary line of said Lots 7 and 8,S89'37'04"E a distance of 35.51 feet to the POINT OF BEGINNING, Said parcel contains 3,185 square feet,more or less,and is subject to all existing easements and/or rights-of- way of record or implied. All subdivisions,deeds, records of surveys and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. Attached hereto is Exhibit B and by this reference is made a part hereof. pL LA why\ r,E S£0 SG�` o � 62 3 10 zl Page 86 9233 West State street • Boise, Idaho 83714 9 208.639.6939 • kmangllp.com \AGREEN\KM ENGINEERING\KM GENERAL-REMOTE WORK\PROJECT\20-006\CA6\SURVEY\EXHIBIT5\20-006 WATER EASEMENTZWG,ALEX GREEN,3/B/2021, KYOCERA TASKALFA 25500 SUP Item#3. 0 I -- - - - - - - - - - - - - - PROPF ay .a o rn r I0 ta � z r 0 *1 A W I n c m LAr.�t �y IIV O� 5 0 Ln K� p n 0 " ID 00 to Q LA u �, I o mS I � I I rw 0 0J �z c� � I I M N00'22'56"E" 147.64' 'm I I I I I M S00'22'56"W 132.64' � o c0a, o V Co CT �ytb � lp ° XCm � ao 0 M X zC � V _ Iz a o i � Q c doc v m.0 ()a 0 O 0 nu O N rTJ Z rc�O m rI m rn m'r CJi V GO C7 of m Z v {/} � MyaN r m v �? cn z rh Z roCL +: z m m m z c 17.5' !n. z z v z n 02 P CROAoRNt40R N � a ST. - 21 Cs�M z z rm mf/1 O M O NZ n 01 rl c I -P Ca 00 Q [Q '0 )a GJ �v �com 0 0 1w z — I — n rn N D Z Cn-0-1 W N Q1 N Ln _ 484.51_ _ _ _ — ,1 2155.52' Ln eM Fes, Wo — — N00'22'56"E 2640.03' [�— BASIS OF BEARINGS o r'' o N. Meridian Road Z � > � n m [n v Z Z O m N m m a Exhibit B m = 2r v 1 �p D N �' City of Meridian Water Easement C'Z! O n N m -C7 m w A m A portion of Lots 7&8, Block 2, Paramount Square Subdivision, a = a Section 25,Township 4 North, Range 1 West, B.M., Meridian,Ada Count Page 87 Item#3. 35.51 189°374)4"e ..i 8 -wIIJ IS-% h O� VY � m o ^ 0 m i I j i 1 I i f all9'3TWtir 20,0p Title: City of meridian Water Easement TDat�: 03-08-202.1 � Scale: 1 inch= 30 feet File: Tract 1: 0.073 Acres: 3185 Sq Feet:Closure=n89.4217w 0.00 Feet: Precision=1/234164 Perimeter=366 Feet 001=s00.2452w 15.00 004=n89.3704w 20.00 002=n89.3704w 15.50 005=n00.2256e 147.64 003=s00.2256w 132.64 006-s89.3704e 35.51 Page 88 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Ascent Subdivision (FP-2020-0018) by Schultz Development, LLC, Generally Located on the North Side of W. Franklin Rd., East of N. Black Rd. Page 89 Item#4. C� fIEN , IN1, IDAHO PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: March 23, 2021 Topic: Final Plat for Ascent Subdivision (FP-2020-0018) by Schultz Development, LLC, Generally Located on the North Side of W. Franklin Rd., East of N. Black Rd. Request: Final plat consisting of 42 buildable lots and 12 common lots on 4.97 acres of land in the R-15 zoning district. Information Resources: Click Here for Application Materials Page 90 Item#4. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 3/23/2021 legend Mum R-4 DATE: ��Project Lacfliiar R-$ RUT TO: Mayor&City CouncilR'1 FROM: Sonya Allen,Associate Planner =R1 R R- -E 208-884-5533 -1 SUBJECT: FP-2020-0018 R1 l C-N Ascent Subdivision LOCATION: North side of W. Franklin Rd., east ofN. RUT R- RUT Black Cat Rd.,in the SW 1/4 of Section R' 10,Township 3N.,Range 1 W. (Parcel #S 1210346905) R' � O I. PROJECT DESCRIPTION Final plat consisting of 42 buildable lots and 12 common lots on 4.97 acres of land in the R-15 zoning district. II. APPLICANT INFORMATION A. Applicant: Matt Schultz, Schultz Development—8421 S. Ten Mile Rd.,Meridian,ID 83642 B. Owner: Doug McMaster,T&M Holdings,LLC—PO Box 2640,Eagle,ID 83616 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2020-0039)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of buildable lots has decreased by one (1)in Block 1 and the common open space is the same; therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. Page 1 Page 91 Item#4. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 6/l/2020) PRELIMINARY'LAT SHOWING ASCENT SUBDIVISION - _ A'ARCEL CF LAND BEING LOCATED IN THE SE '/-OF THE SW 1/4 OF SECTION 1 D, 73N.,R,1W-,6.M..ALA COUNTY, IDAHO q -..,_... MARCH 2O20 ,rwr�u srFr Rory scc,v, O 0 .x . L J o o III - - - - " I s ', � 6P`• ® Ox O' � \ PRELIMIHM1RV�EL£LOPMEIV�FEAIllF�9 J I rxxvwx _ ;.nw,ri Q 0'ion -u i u x sowx EL ._ W� . ., � �l�l 9EGIM=IIMJ PARMK.ERHQi� �� _ E T Page 92 Item#4. B. Final Plat(dated: 12/12/20) PLAT SHOWING ASCENT SUEDI VISION LOCATED IN THE SE 1/4 OF THE SW 1/4 OF SECTION 10, T.3N., RAW., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2021 D room 5w iaui cw ss.mm �4:--a-�`, • mro Kurrw�cw xanwvn uw kk IV n%n>•n t • xr t/a Roo rm w1x u4 ns rn• � \ l • an va'�eox nx wnt ur n.s mr l � UNPUTI'8II R,u� —i IYlE i >r 90 Hu sr.. 1 �` lnlmAw srte L 3 V vii or T,�O]aioE1UM ww� [x 13-WiU, e t � �l srA,r;�o unwwn4u reE4Anc«m�x�rrw,ow� UNPG9TfdII of � ,�, a�T :a rart ww aieea:m.w _ , __ '/ `l ,� �epnpA KnNnF3 rtlxr 11IF[gY(�1NS�wt g6401wxuGWCE IATE O � Q ,` , �nd..w,x�wxa...A..K 4•ewas ar,�.: SG0.E; 1"�Bd Sl.@' '. Au�AUTwK LPd�im LR MT/�iG�fRL ro�!- e ,m Y 8 $ sirEr x _ I O 1 y atocx e} _sIEET s '`:rrwk.n"�"w+mais�° .a:,'W,aE,rEror�ac'"s r 7ih2ig� 9.EET 3—_— 0 rA•r e�1k i � t� I� A n��.uu mi.ro wwmam uaun�wn• �og1r4��P i uvelarrao .o, ,� ~ 4 yen;e u+o x,anu[,;jai t ; t0. N-CHAIM I1�1 Sr.. =I IA a!uU 0.ileml E Z y CL1l�11 1 h HI I Sim r I �n1m'FAS-]EM.1a18 u¢RB.E4',Io AAMRr a, 2 Q 0 4 s a j �oo®om �{ •� 4�e�x��4e ��x a a o e v rRa.Ami uwwa smw nett a.n Pw�r doAlelrm�r M..rvs*.YwoEa 4 vEnsnuw OF GESMINO i4 m10./•ixmxxExr m,o-1m nn 1[rplle2 4°IF n>rim W niu f Las,ER 9n4Es'wsm T.II a xrp R1 xEao4os u run ccuxrr A.ro irnrx�sr SIMVEYORS NARRAnw --- �— rA.n.r4E 4�,Ea EA3w.4,0,(sR,w.A,tx �s,o wlmmoE,4E or�r<x'iFfl'AT€ivaFsxw aen-!6' - czar omcnRa>o a.�EEan oEe�xEo ss ""`=___ __��___ ar��_V ,o oa>,"�iE ewe ia10A'xu w`pOEwint r.^•rsw � .wumwn uxv xF—T 4a_ _ xxo-wura. rx`irc�°a k.r'k�Y�al1 ItMU swa-meoee su'tYs�'E scma' 415 orrxr.¢srs[Y. �rcA,ED ox,4E waxo i,x[�KEN IDIe- WI IAVNAI�Uif s�w4T A�� rx�w�vpi�ls s M�Y��'��ic�s� p�4 vsn m m1mi 13" PALE IDAHO �x xa 1wa91 SURVEY ��im :°Qsiw SHEET 1 of s GRCUP,LLC Page 3 Page 93 Item#4. ASCENTSUBDI VISION I X I o• -- �So": C-W 77 � I o"" � ti � zrM+�nMwm�•�»e j Ire IR O rrefiY� aRrtS I e �' O 8O Paw ® t � SURVEY GRGUP, ASCENT SUBDI VISION ---- -- sn _-, 1 ol oj o, o o ko9ol ® le2j, op ® mSC� e j �n »za P� DAHO SURVEY 9xEf aim 5 GROUP,LLC �� Page 94 C. Landscape Plan(dated: 12/15/2020)&Amenity Detail PPQJEVr INFORMATION LANDSCAPE LEGEND no I f.41 :l. :" CITY OF MERIDIAN LANDSCAPE REQUIREMENTS ft ffftmum FWMD ELKEH M7 z C..kW''r'P NY 1111 1 41 ... ......... :111111h� 6IW6' LU(D LU REQUIREMENTS 3: co ........... .......... < rMIL r Lu Lu > 0 CITY OF MERIDIAN OPEN SPACE REQUIREMENTS VICINITY VAR M., !1d OVERALL LANDSCAPE PLAN PLAJNT SCHEDULE gg MWW.M. MANN L1.0 Page 5 N LANMWI7 NOTE& RIFT AREA PREPARATION MRMWATErt PONE 76 j;1-0.1.;�-'Mii, NOTES: FUEVEQETATION REQUIREMENTZ .....1 h". A-W%, W"!N, .............. • r; Nd 411 V.41, ............ -... ..... . - I M 1.1. . . ,,,.. W.,.M...i�..!i.i.i :I."N .......... ".4.. W, 1".h.'d"A.ir .. IP.., M.:. ................ N. ..;.X . ........ ......... V, iE: IIII:'Ir m...........I I TOPSOIL NOTES ......4.:...l..—. t. I �Pri Ii JIP I-. 1.. 1.4.1 41 —11 V.- j".1 M 411-11 1.11 1: :.I I M. I. ......I......... )lI P 1 11"11 ..........X I.: W.11 N. X.Aj W I I:. ...j IV .1.191A MMIYA.1.111 1.., Q. z I WEED ARATENENT NCFEB: M.V, M.!1 4,1.1!1 :1 P.!I.,i I Ii 11.1 1 1 I�. :?� �e P<T... I I. LANIMAPE AREA -i l.:X I.i., .......... ......... W. z . .......... 1 111.41. 41ij1I1I1I,1,I::,1,,, I11111 I I ... .............I. ily q l�11_11.1.1 41 1-11- ........... 4% P1 Lti Tin PLAN7 SCHEDULE LANDSCAPE PLAN A A T3 ............... ............ TMINI V, rALLOM LEGEN T%HrDULr LU Hai la& ax% z TLANDSCAPE PLAN Pagc 7 1 k NX Aq Uh M... CE PANEL z A V z LU to WV=., �FRFNI AL&GRDUNDCOV PLANTING .............. 'd mm 11,;W,............... N-1 1�1!Ill 141 11 1 "MIN [CREATIVIA /,TEN mn 000AY I Ascent Subdivision Item#4. J y * r e r :PAO RECAKAT10MI Ascent Subdivision M�m TODAY 11'a WAF! rthi FELL GiSrti�iii�ilyd 1b ffmW ft{girl}mcu*orTorm oi=lsriod i•. •2010 ALA:!R-.sncorJ rIl"f -,4.MIM 1 I4MI 14r5. -CPS Ril,aST5 *PD-ra=b}'5WKkfa a VCW6d e%iar-1 pmq- r mmI-II}rd RSAr%;np rrcstW 5 •ASTIV F1292 r TR*ARICIA'WrAT1nN .A!;I u 11Gw7 ti dil:Ump:luf1ilt%WY•rr4hm S r L aas A-,aIo 1 Di m,15&of ttt;Utrcu.ro. �r I + I 1 � I gRal dEAF.WEL ti art ti I ti 3 P!S Eft 5 FrM%YHF:E_ L WOO LGPY l�Fkf+. 1 5 y *.OTT[o 1I M BM y 5 "7 ti OLi R16M TVM$LMi 5 1 � I L 1 5 � 3 k TIDM A FFr B am Ln 7- �ttttt rrt SuhdMalon On"mcr KP6+019 8#uttre MW lerx ieTi 111 "w +rRacfea Sn Today 41t 3oft MY I W I-w: sulk Tn $urimw ISrm RLm RJ it Gmmd�r.M21 Page 9 Page 99 Item#4. D: Public Art Public Art I Ihrlar l'_ rr4�� }2oI ITEM DETAILS This stainless steel sculpture is 11 feet tall. https:f/w%vvi_wesrcver_oxgp/scul ptures-by-the-.sculpture-studicHIE-wt-privat E-residence—PSIT2EwLigL?ftmkr--inquire Page 100 Item#4. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(H-2020-0039; Development Agreement Instrument Number 2020-110269). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Council's approval of the preliminary plat(on or before July 7,2022); or apply for a time extension,in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Idaho Survey Group,LLC stamped by Gregory G. Carter, dated: 12/12/2020,included in Section V.B shall be revised as follows: a. Graphically depict/call-out a temporary right-of-way easement via W. Franklin Rd. over the common lot(Lot 6,Block 1) instead of a"private"street. Include a note stating this easement shall be released when a local street connection is constructed to this site from a neighboring development; at such time, access will be restricted to emergency and pedestrian access only. b. Include a note stating the front yard of each individual lot shall be landscaped with a combination of lawn, groundcover, shrubs and trees as set forth in the TMISAP (see pg. 3-37);the Homeowner's Association shall be responsible for the maintenance of all landscaping on individual homeowner lots as set forth in the Development Agreement (Inst. #2020-110269). c. Depict zero lot lines on shared lot lines where structures are proposed to span across lot lines. d. Include a note that prohibits direct lot access via W.Franklin Rd., other than emergency access,once local street access is available from an adjacent property. e. Revise plat note#2 to read Nampa&Meridian Irrigation District instead of the City of Meridian. f. Add a note stating"The bottom of structural footing shall be set a minimum of 12-inches above the highest established normal ground water elevation." g. Add a note stating"Maintenance of any irrigation and/or drainage pipes or ditches crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage entity or lot owner's association." A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by Breckon Land Design, dated 12/15/2020,included in Section V.C, shall be revised as follows: a. Depict landscaping within the full width of the 25-foot wide street buffer along W. Franklin Rd. consistent with the standards listed in UDC 11-313-7C.3. If ACHD doesn't allow such landscaping in the bio Swale, an additional landscaped area outside of that area shall be provided totaling 25-feet. b. Include a calculations table per the final plat application checklist that demonstrates compliance with the standards listed in UDC 11-3G-3E and 11-313-7C. Page 11 Page 101 Item#4. Note: Comments were submitted from NMID stating they will not allow landscaping within their easement along the Purdam Drain. 6. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 7. All fencing shall comply with the standards of UDC 11-3A-7C. 8. Future development shall comply with the design standards listed in the Architectural Standards Manual and the design guidelines contained in the Ten Mile Interchange Specific Area Plan(TMISAP). An application for Design Review shall be submitted and approved for the single-family attached and townhome structures prior to submittal of building permit applications. 9. All structures in this development shall have pitched roofs with symmetrical hips or gables, with a pitch between 4:12 and 12:12 and have an overhang of at least 12 inches up to a maximum of 2.5 feet beyond the fagade of the building. Roof brackets and rafter tails are encouraged as set forth in the TMISAP(see 3-41),per the Development Agreement(Inst. #2020-110269). 10. Garages shall be designed with two (2) separate garage doors as set forth in the TMISAP (see 3-33),per the Development Agreement(Inst. #2020-110269). 11. Public art with a high quality of design as shown in Section V.D shall be incorporated into the design of the streetscape along W. Franklin Rd. as set forth in the TMISAP(see 3-47)per the Development Agreement(Inst. #2020-110269). 12. When the temporary right-of-way easement via W. Franklin Rd. is terminated and access is restricted to emergency and pedestrian access only, installation of bollards that meet Fire Dept.requirements for access shall be placed at each end of the access driveway.ACHD is requiring a road trust of$7,260.00for the future closure of the temporary access. 13. All alleys shall be constructed in accord with the standards listed in UDC 11-6C-3B.5. All alleys shall be signed"No Parking Fire Lane"and have an address sign at each entrance to the alley; each residence that has a back to an alley shall have an address posted on the front of the building as well as on the alley side. 14. All structures shall have fire sprinklers installed in each unit in accord with Fire Dept. requirements. 15. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Each individual townhouse unit shall be independently connected to sanitary sewer and water services. 2. After consultation with the applicant regarding the Geo Technical investigation, slab on grade foundations shall be installed within this development to avoid any groundwater intrusion. 3. A street light plan will need to be included in the Subdivision construction plan set. Street light plan requirements are listed in section 6-7 of the City's Design Standards. Page 102 Item#4. 4. The proposed dead-end water mainline in W. Santa Fe Lane must end in a hydrant,not a blow- off as shown on the construction plans. 5. This development will result in a long dead-end water main which may result in poor water quality. Future development to the west and east will eliminate this dead-end and correct this problem. General Conditions: 6. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development.The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 7. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 8. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 9. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 10. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing,landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 11. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 12. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 13. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 14. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. Page 13 - Page 103 Item#4. 15. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 16. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 17. Developer shall coordinate mailbox locations with the Meridian Post Office. 18. All grading of the site shall be performed in conformance with MCC 11-1-4B. 19. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 20. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 21. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 22. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 23. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 24. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 25. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 26. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. Page 104 Item#4. 27. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 28. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 29. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 15 Page 105 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Oaks North Subdivision No. 9 (FP-2021-0010) by Toll Southwest, LLC, Generally Located at 6180 W. McMillan Rd. Page 106 Item#5. C� fIEN , IN1, IDAHO PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: March 23, 2021 Topic: Final Plat for Oaks North Subdivision No. 9 (FP-2021-0010) by Toll Southwest, LLC, Generally Located at 6180 W. McMillan Rd. Request: Final Plat consisting of 20 single-family residential building lots and 3 common lots on 7.4 acres of land in the R-4 zoning district. Information Resources: Click Here for Application Materials Page 107 Item#5. STAFF REPORT C:�*%- W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 3/23/2021 Legend DATE: L Iff ProjE-1 L=3-ior 0 TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner RUT R-_ 208-884-5533 R-8 R�, R= SUBJECT: FP-2021-0010 • Oaks North No. 9 R-1 R-1 LOCATION: Generally located '/z mile north of the half-mile mark of W. McMillan Road UT between McDermott Road and Black Cat Road,in the SW '/4 of the NE '/4 of - R- Section 28,TAN.,R.1W. R_4 RUT I. PROJECT DESCRIPTION Final plat consisting of 20 building lots and 3 common lots on 7.4 acres of land in the R-4 zoning district. II. APPLICANT INFORMATION A. Applicant/Owner: Toll Southwest,LLC—3101 W. Sheryl Drive, Suite 100,Meridian, ID 83642 B. Representative: Sabrina Durtschi,Toll Brothers—3103 W. Sheryl Drive,Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as required by UDC 11-6B-3C.2. This is the ninth phase of development of the Oaks North Subdivision. The same number of buildable lots, common lots, and amount of open space is proposed as were approved in the preliminary plat. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Page 1 Page 108 Item#5. V. EXHIBITS A. Preliminary Plat(date: 8/6/2013) i $0 M v ��I�a r-- ------ ---------- —� I I will I azrm EE'C 1 I N � Area of Phase 9 -------- xor' • - _w _ --i - HUT i HUT I -, •- - _ _ RUT � �•`•��_ _ i I II II SQL � g.[ IF I I I - I I PLAT I I wa.ar i :i:l e$ 6 i x z®_ i •H.5 I .w I �• I AfIT � d�+� �� i I FFFIII -.7-1- TO-- ——TI t I T 7 T T r1 "R.Zr 3s� ,ti,,,• L ------- 1 1 _J' 1LAY1 I 1111 /, —•-iLL1 c was—�i — 41- L�lI iI iI Tn I . - I I II I , I r ,'x r LFp 9rr 7+T—T Hj pP REP Page 2 Page 109 Item#5. B. Final Plat(date: 1/22/2021) THE OAKS NORTH SUBDIVISION NO.9 BOOK PAGE LOCATED IN THE SW 114 OF THE NE 114 OF SECTION 28,T4N,R1 W,BM MERIDIAN,ADA COUNTY,IDAHO 2021 LEGEND k DHINDEN BLw. - i,e m�aa _-- W _ mxrlsnnc uuaun=_o � O - ,x PLsnua �Sr,1rN�L�xn w s> UNPLATTED K PBi4F ------------- ___ Nr c f � rCA a Ors 3 4 LNNFATTEo is US',. s� cLs -' I.. �,..mF.Nor5 ,«....... .... ROS5717 L 1 RI S ! sxof� ANro �-" K e a 3 UNPLATTED 'aI ". ��,X LN I• r � :. �xE9l _ ��tts O �q r. 1 _'r� f POINT OF 9 U .,N69'1602'W I]b 50� BEGINNING s.sv_.LI i. "" pN69MG02-W' ancwTs rcnrTxwn"..�uram erx - NB97K02 W17050� 13150 _+0 N69'1GOYyLI I' —��}ura - THE OAKS NORTH SUDD,NO 6 FAGES BOG( uw nE�assi... .�.w-cEow.0 n.rYnwno xE.°aaas .®-vzmas any-tasxl5 /i!P LUEf c LME-A9-E 3 9i�qy DGFVE inu C vas�� 6�"�pltu•�.g ac tl.a r-}1 - SON W.H♦`� SVRVEY NARRATIVE U w La17do bf pions Land Surveying and Consulting gut ,Mx,.x=oxH—.rox Txi.-.xaaNi.iox rn_xiolan.c SHEET 1 OF 3 Page 3 Page 110 Item#5. THE OAKS NORTH SUBDIVISION NO.9 BOOK .PACE CERTIFICATE OF OWNERS AGKNOWLEOGMENT - n...... LTOlrvcLUDETr¢Fou-IIIIVEscRIaEE PRaPERT`nTIFI a of 1OFIVTv THE NORTH UUDDIVICON NO 9. rF,cr snn FTic 11 u"s. 11 TH PTEnoE ry SO'— A C18TANCE o F s1.50FEET TO A acwT. CERTIFICATE OF SURVEYOR cF wEalnun Fws,,.,REEo Iry walnrvs To sEa.E�.0 THE wT�Irv-ws sUaolnslorv. TiF`I�oF r.ralri,�v TUF c�Tv EAR e° - - F a 111,S m ErerannEHr STRUCTURE*QTFE1 THAN Fo-D us 01 Es TO EE EreEITED nnTH THE PES I1 r OF MID �ez(ag IN 70IrnE 01_-REOrw IWME I IEREunTa KT aVR HAND TI lls DAY OF eJ ry C�oH W.NF� U dSolutions k____—_Land Surveying and Consulting SHEET 2 OF 3 Page 4 Page111 Item#5. C. Landscape Plans(date: 2/23/2021) OAKS NORTH - _ }-IU U 'Q Kri NORTH PHA S PHASE® I � -- L_Li_T FTOI , loop, HT, = ENSEriaEars I � r - r "PA KS,: i � T Z o a -�— AKS - en -� OAKS NO TH O o J 3 Z f r I U? a AKS NOR H Q a O Z H — tL_ T OpK3 NORT P 1 NOTES L--------- ---- i J_L 7_L ' I 7 1 W.MCMILLAN�ROAD LAN�SGAPE PEAN ® «L1.0 Page 5 Page 112 Item#5. �, -- -- = PLAN'SGi-i�DJLE r l � ' i s _ :•' � 4 h �_", x :.rrr«A S JENSENBFL7! zz 0 - T Ire liiiif"��II O o � � r! II w f d ll I�i o PLANT SGHSDU_r= _ FTTTTFFM ..,a,. At 0 IR£E.y4'LAV NGF_AKING vs< CJ, vIM1IYL Vklvhc."FtW t P:a d vac 10 ErJ Q n y..�.m..,_ rmr,em s�f'`r". LANDSCAPE GALGULA'IONS z O a _ x Q H — o ...:..... ,,.......,�.,:v :ate ¢ z Z "'LL O o �'il R2L9 F'LAV—IVG - W, ��; ,f rsr, •• z ¢ ~ fn Y a .. PLAN L1.2 Page 6 Page 113 Item#5. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(AZ-13-008,RZ-13-015,DA Inst.No. 114030972; PP-13-014). 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of the City Engineer's signature on the previous phase final plat, in accord with UDC 11-6B- 7 in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B prepared by Land Solutions, stamped on 01/22/21 by Clinton W. Hansen, is approved with the following revisions: a. Note#10: Include the recorded Development Agreement instrument number; b. Note#12: Include recorded instrument number. 5. The landscape plan shown in Section V.0 prepared by Jensen Belts Associates,dated 02/23/21, is approved as submitted. 6. Future homes constructed in this phase shall comply with the elevations included in the development agreement (Oaks North and South Subdivision — Inst. No. 114030972) with materials and architectural features to be the same or higher quality as shown in the elevations. 7. Prior to the issuance of any new building permit,the property shall be subdivided in accordance with the UDC. 8. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 9. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Reserve correct streetlight numbers. The spacing appears to meet requirements. 2. Applicant needs to add the engineering design of the gravity irrigation piping into their development plans. Please refer to the Public Works Department design Standards when designing these works. General Conditions: 3. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development.The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Page 7 Page 114 Item#5. 4. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 5. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 6. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 7. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 8. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 9. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 10. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 12. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. All grading of the site shall be performed in conformance with MCC 11-1-4B. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 17. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. Page 8 Page 115 Item#5. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 21. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 22. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 23. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 24. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 25. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 26. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 9 Page 116 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Pine 43 No. 4 (FP-2021-0006) by Kimley Horn, Located at 2255 E. Fairview Ave. Page 117 Item#6. C� fIEN , IN1, IDAHO PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: March 23, 2021 Topic: Final Plat for Pine 43 No. 4 (FP-2021-0006) by Kimley Horn, Located at 2255 E. Fairview Ave. Request: Final plat consisting of two (2) buildable lots and one (1) common lot on 27.48 acres of land in the R-40 zoning district. Information Resources: Click Here for Application Materials Page 118 Item#6. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 3/23/2021 Legend t°T DATE: Project Lflcfliiar =$ T C-G TO: Mayor&City Council �. RU L L-O FROM: Sonya Allen,Associate Planner 208-884-5533 R- R-4# SUBJECT: FP-2021-0006 L. I-L Pine 43 No. 4 R- LOCATION: 2255 E. Fairview Ave., at the northeast R!4 } corner of N. Webb Way and E. State '' R T Ave., in the NW 1/4 of Section 8, Township 3N.,Range 1 E. L- 1=L L--O- I. PROJECT DESCRIPTION Final plat consisting of two(2)buildable lots and one(1) common lot on 27.48 acres of land in the R- 40 zoning district for the fourth phase of Pine 43 Subdivision. II. APPLICANT INFORMATION A. Applicant: Brandon McDougald, Kimley Horn—950 Bannock St., Ste. 1100,Boise, ID 83702 B. Owner: Pine Development Partners, LLC—231 Washington Ave., Ste. C,New Mexico, 87501 C. Representative: Patrick Boel, Roundhouse— 1109 W. Main St., Ste. 390, Boise,ID 83702 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2017-0058)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Page 1 Page 119 Item#6. The number of buildable lots in this phase has decreased significantly from 86 to two (2);the amount of common open space appears to be the same; therefore,the proposed final plat is deemed to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 8/28/2017) RELIMINARY PLAT P0R Y NMRT L133EN6 ..Ff 1 PINE 43 SUBDIVISION --- _..,r];b•; SVL;ATED IN THE WEST HALF OF SEOTION A, TonINSHIP3 NGHIH,RANGE 1 EAST,B045E MERIOVVI MERIDIAN,IDAHO 2077 .- _ ••�•^� levW� 51 q L iI EET 10 LIN wt srxR mwa LJ � t L_ u rm>a,rc maw i.-m aaum,o •-�I =- - is - u „°"�� '___ ��qa � �oc.mu �`�EEJi 1 —ER RdN�fS A{ egip[[ T �,: I _ _ -_I• i i;� -,s seta w« I i5 C--ET g rr-,-, PMIiC4.�ttiE �'w""iii' --= i'" .r -. _ �°��•�s o.�•�. i�'tl,'�",.`m.a�`�`.w x°m'eo.r.�ww�s w � �[ I! :-111� .. \ .• �� - - A9s w nce: ioa+a°t°`•ai0�� ,.or&aa'id w's'i n%'s eww�''.v w:"'v��&°w:m. -��.• � ;�r'cai.ai i� u"��ren�wosr�awn'�a��.uoe _ __ _ >a� Ner h :r: ('. •,.. ..,tee.y.,� _ �io — �r. - .._.. .:�� '•".� ii avr>r�sem�'��w��rc�aew`s,w.e,w sxa�ar W.mm,�m.n�u..ma inm.'n vwe,s x r e� �z I�I II - 5 -- HE_1 4 - ..r..-..a.-ter unto uee va�,nav _SHEEEp ., SHEET Np�u �`• "-`3 � � w�m�iwr�wm k-q r was �� - 7 � � •x.en`'rRi.�: �x Orb? e_u+e �mc�nox - ` oLaFE1LCMlR WQ,$ [VEf GNL @MN'P.ER i.,.,. ��'se�'w1ti•.1�.05" - -— .e ��xm, iii 1 � we his [T xu�n Page 120 Item#6. B. Final Plat(dated: 2/11/21) - r'I 15 ' II I I I a s a n s • � � � �� xLw�•x mu I - II ' I I II II . II I I ¢ �r �r I IG� ¢S � � � - � L m 3 _ � �•• � � 9 c � p ya �f—_Y `Y_Y r �Lasw•, r~~ ~l� � �• f ,F�Wa �war.rs rm f� j.1m Vf 'i � r Y � � a a f•' d' 3� a _ yr Y• r e ��In �6 x z y z }} II T I I I I I I I L.a�,•�.�i.e*,a ir.•I E STATE AVE x = -- --------------------------------J Ci A319 Igr J r [ i Page 3 Page 121 Item#6. C. Landscape Plan(dated: 6/15/2018) rE[[ER 0 _...� ,� ® �.__ ® ».•-- -.... �,.,.«d... .—__...____ PERICN • :...�.,_....:.. ........_� ..:®:. _ ems! S,:ATIQ. I SHEET KEYED NOTES GALCII-NS J -- ----- --- ----- ----- W �— _ -- t LU iL FA +++ ------------ _ _ g ac P PERICN o ._ Y:� Y:_�-o .........m. - ♦ -•-m ��— �..,®_ —_ w SANATINJ - � ®,.w � LtL�dJIIHJL�JJVIFEROf A_ `•� :.SH EET KEYED NOTES FFF ._zT— .T-4:ktEA�4-44- 44 mot° 13. -_ I =ED 0 7TTTTTT r-. LU Ir=cEND O v. - - - - _ Lus -T!,l-f-i-T i i TTl f i 9 - - TfTTf.T TYr d Mummom HEYPLAN m -- /TY-}PLANi1NG FU4N _' �.r@ LP1 01 Page 122 Item#6. m�._... .....e, � ..�..._..e. r_..�..__..v� d.....a...a._.. ......,....,.. _.,.� �.—. - - rEN0.ER SCHEDULE PERICN SARATINJ J =o i • ��A� :•,[ GNIATgNS LL J 7 p' w f aO eR a Y Lu LU a —ci ..a r o .. _ -m, .... n ••fH-P FH11FHl 9-Hl'-• rI •"� ", �pLP103 -SCHEDULE O ..._.,.s.m�._...,_......_,, m .--...� ._,� o ...�.,.•.e.._� _s—_� lJ �'-...,_.., r..—. _ rENRE0. NANATINI L 1W � Q y OsxEsr xEVEn xo I I = _ �� LL TREE GALGx LATpNS J z B L - a ®R O AM w a. nu �`P. .a - -... !(. - -mcKsoN❑aniN., ... ...... i + IT fFR fFFfl. -1-R1 oa - _�.Lai - •P,• LP104 Page 5 Page 123 Item#6. p ..,_..,..,mom._...�.�,.... ® .._..,e.. ._.._ � o ,,.�..,..a...•.... ...�....�� .e. -_ rENNES PERICH p .�� s..._._0 �..._.m.� �.....e.•....,.. ..,...... �. ..,m_ �...q..... SARAIINI O _'_•_ v D w.tl,.__ �e.._ O ...�...... _..,. �:1 _..., _ea_ TAP r`E 4V - ?O SHEET KEYED NOTES qJ_ _ LL _. •- ��_� TREEcaLcuutTlDNs r+ w r�'. I '• I I i � 0 cl Imik KEYPLPN 0 fra - - - -LP E - ¢& - I E I �LP105 -4-CHEDGLE rrr _._ NENNEN PERICN 0---L-E w g �._., ._...._ Q c� JW �..� e......�........ ❑ - a -�STEFl EDGING TREE STAYING 6' TREE IN TGRF '-,MEIN PL4V IVG BED SHRVD IN DED -LP501 Page 124 Item#6. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(AZ-07-006),Development Agreement (Inst. #108022893,amended Inst. #2018-000751 (superseded original agreement),rezone and preliminary plat(H-2017-0058)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat; or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Diamond Land Surveying,LLC., stamped by Nathan B. Weber, dated: 2/11/2021,included in Section V.B shall be revised as follows: Notes: a. Note#7: Include the recorded instrument number of the Development Agreement(#2018- 000751). b. Note#8: Include the recorded instrument number of the ACHD License Agreement. Plat: c. Include a lot number for the common lot(i.e. street buffer) along with a note stating the common area will be maintained by the homeowners' association in accord with UDC 11-313- 7C.2a. d. The internal common open space and site amenities for the development shall be located on a common lot or an area with a common maintenance agreement as set forth in UDC 11-3G- 3D.1. e. Depict a 10-foot(instead of 8-foot)multi-use pathway along the north side of the Jackson Drain as required by the Park's Dept. in accord with the Pathways Master Plan per H-2017- 0058 (condition#1.1.2e). f. Depict 8-foot wide parkways along N. Webb Way and E. State Ave. consistent with that shown on the landscape plan. g. Depict NMID's easement for the Jackson Drain. A copy of the revised plat shall be submitted for City Engineer signature. 5. The landscape plan prepared by Dekker Perich Sabatini, dated 6/15/2018, included in Section V.C, shall be revised as follows: a. Only depict landscaping within the 20-foot wide street buffers on the plan consistent with the standards listed in UDC 11-313-7C; internal landscaping is not required with the subdivision and will be reviewed with the Certificate of Zoning Compliance application for the multi- family development and should be removed or"ghosted"out on the final plat landscape plan. Note:Review of common open space will be reviewed with the Certificate of Zoning Compliance for the multi family development for consistency with the standards listed in UDC 11-3G-3 and 11-4-3-27. Page 7 Page 125 Item#6. 6. The Jackson Drain shall remain open as a natural amenity and not be piped or otherwise covered; and shall be improved and protected with development as set forth in the Development Agreement(Inst. 2018-000751). 7. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 8. A public pedestrian easement is required to be submitted to the Planning Division for the multi- use pathway on this site along N.Webb Way and the Jackson Drain. The easement shall be submitted prior to City Engineer signature on the final plat for this phase. 9. All fencing shall comply with the standards of UDC 11-3A-7C. 10. A Certificate of Zoning Compliance and Design Review application is required to be submitted to the Planning Division for approval prior to submittal of building permits applications for all structures on the site. 11. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Streetlight plan not required. Streetlights have been installed at this location. 2. There is an existing 10" water stub at the southwest corner of the development off of State that needs to be abandoned. Per GIS, the utilities have already been built so there are no additional comments on the proposed water infrastructure. 3. There is an unused sewer stub in the southwest corner of the development off of State Street that needs to be abandoned per Meridian Public Works Standards. 4. Please verify that the sanitary sewer and water mainline easements outside of public right-of-way's meets the minimum width requirements per General Condition#23 below. General Conditions: 5. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 6. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 7. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 8. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 9. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, Page 126 Item#6. landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 10. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 11. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 12. hi the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 13. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 14. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 15. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 16. Developer shall coordinate mailbox locations with the Meridian Post Office. 17. All grading of the site shall be performed in conformance with MCC 11-1-413. 18. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 19. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 20. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 21. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 22. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan Page 9 Page 127 Item#6. set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 23. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 24. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 25. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at(208)888- 5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 26. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 27. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 28. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 128 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Lupine Cove (FP-2020-0017) by Matt Schultz of Schultz Development, Located at 4000 N. McDermott Rd. Page 129 Item#7. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MARCH 09, 2021 ORDER APPROVAL DATE: MARCH 23, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 26 BUILDING ) CASE NO. FP-2020-0017 LOTS AND 6 COMMON LOTS ON ) 6.89 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR LUPINE ) APPROVAL OF FINAL PLAT COVER. ) BY: SCHULTZ DEVELOPMENT ) APPLICANT ) This matter coming before the City Council on March 9, 2021 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat,the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING LUPINE COVE SUBDIVISION, LOCATED IN THE SW 1/4 OF THE NW '/4 OF SECTION 33, TOWNSHIP 4N, RANGE I W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: JANUARY 25, 2021, by NATHAN J. DANG, PLS, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(LUPINE COVE—FP-2020-0017) Page I of 3 Page 130 Item#7. SHEET 1 OF 1," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated March 9, 2021, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Matt Schultz, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(LUPINE COVE—FP-2020-0017) Page 2 of 3 Page 131 Item#7. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 23rd day of March , 2021. By: Robert E. Simison 3-23-2021 Mayor, City of Meridian Attest: Chris Johnson 3-23-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 3-23-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(LUPINE COVE—FP-2020-0017) Page 3 of 3 Page 132 ►tem#'. EX H I BIT A STAFF REPORT E IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 2/9/2021 f Legend 7,0 DATE: _ TO: Mayor&City Council Iff ProjEct Lc=ton 00' FROM: Alan Tiefenbach,Associate Planner 208-489-0573 SUBJECT: FP-2020-0017 Lupine Cove Final Plat LOCATION: 4000 N. McDermott Rd., in the NW 1/4 of Section 33, Township 4N.,Range 1W. 10 I` 1 ti x I. PROJECT DESCRIPTION Final plat consisting of 26 buildable lots, and 6 common lots on 6.89 acres of land in the R-8 zoning district developing in a single phase. II. APPLICANT INFORMATION Applicant Matt Schultz, Schultz Development—8421 S. Ten Mile Rd.,Meridian,ID 83642 A. Representative: Kerry Angelos,Lupine Cove LLC—372 S. Eagle Rd., Ste 107,Eagle,ID 83616 III. STAFF ANALYSIS The annexation,zoning,development agreement and preliminary plat for this development were approved by City Council on July 21,2020 (H-2019-0133,DA 2020-1 1 0270). The preliminary plat consisted of 26 building lots and 6 common lots. All lots within the development comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. Amenities approved with the preliminary plat include a gazebo,water feature and micropath in Lot 6 Block 2 and play structure,micropath and park in Lot 10 Block 3. The final plat also proposes a basketball court in the emergency turnaround at the end of N. Glider Way. A micropath at the south boundary of Lot 16 Block 2 was required by the Council to connect from N. Glider Way to the McFadden Drain if allowed by Nampa Meridian Irrigation District. The applicant Pagel Page 133 Item#7. has provided an email from NMID stating NMID does not want pedestrian pathways across their maintenance easement in this area. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the final plat does not increase the number of building lots and sees a slight increase in the amount of qualified open space as shown on the approved preliminary plat, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. Page 2 Page 134 Item#7. V. EXHIBITS A. Preliminary Plat(date: 5/l4/2020)_ .—_- :.morwwn Sac y �_ lk _ IT I A i Y.--- l r � �'..L' SC4�E IH F'ET .I yam � a , r 1 .i •M. 5 5 E r. E�TT 1 x t ` 5 I v i Mh B. Final Plat(date: 2/24/2021) ry 726.`J4 ' •. A �M 85'd3'2T' E lS31.E5' rRr: Ga I I a[f Jr" JJ 8$L3'lY[ •u , r 30.13'.. ... ,.IY -,� { e �sstwEn•- "�- } �;y 'v tiJ ',5 l • ZCN i ASS _ 5.• �F'. .4Y G3� 77 r� r rater f '' i,r to t f {S e$.TSB 11 G,1'&7B �•' lI'•,��e .. 5'S L&O4 N '-� w❑ �� ,. � 5 A7�'7 —_'— � 5+ 114 A rJ r $ '� 1. f '� '�x�c � t 1'a`i ��F '1.1W�y� ,y S$IM6'.I•ri fiR�. f�- '� }J 'r2� E � s i*� MF ^� o-'ay r.�; �`x''a .� I �+ ,;av�2 g�..4�1'ym+•E p mac, 1 ,g ra' ,�': cs l �,a g7' s S"" � s.,, d ,n i89�T'175E 9S 7q• �• _ _ �i. � V 1 _ u ASS 7 v 892r'24'W rsss_n'— — N"''-0j .R lA97Y3F'W }43-O' a Cf2 \ kJ ANC; AN N t REO 1] rSl .S}.GD �uLtl• LSO C2.F 25' z - - -Lff .,• r 0.x .. :. ...... . CURVE rnazf = ._ _ UNE raetf N 89.7 7'46 W er<.js• _- Page 3 Page 135 Item#7. C . Pre-Plat Open Space Exhibit(date: 1/25/2021) M.Fodden Drain 7,205 SF c, � a o ¢ o � � a 0 o Li 0 V 17,770 APPROVED PRE-PEAT D. Final Plat Open Space Exhibit(date: 1/25/2012) _ ---- 0cfudden Draih 10.483' , n N �5 O a III a d � Q � d b � w / 0 i N ry W N1 _ 17,381- FINAL PLA_'_ Page 4 Page 136 Item#7. E. Final Plat Landscape Plan(date:2/19/21) ED j r-! Q ! 0 Q M LEI- 0 LEI .II -Q- LLIP INE L,ANE(PRNATE] - - l 0 P �•.� N Id ff _ L_+Fh F. Tree Mitigation and Preservation Plan(date: 2/19/2021) I I I I I LEE : Tj I ' r • - 48 ti1.. •. k �.�M1 Y. l IFML 1Yl - I Qw I w • F} 3- I . I I Page 5 Page 137 Item#7. F. Amenity Details I , r 1- •1. rl[ti 1 L - N. 1 �� L i 7 CAZ,----BO AMENITw; RETERENCE IMAGE YT.3 GAZEBO AMENITY; REFERENCE IFS AG&Lwa k4+ Tap View Detail - -At[Ilrldel ��---�x` �J wnnuemow.oiwooeo.vo f1 �aR,1!'I[+1neRftl Nr�'N".11+`r wa[n m[ms+elerwlr - � .AgiM Fiif9V Tilk Td* wN83dde ; �[dippgltrtr'a ueoq� k1 lapis ltl Pm d G d d tln tln L c l F/ 4 I REOVIrnher ip 4 1 I i a 1 PE Twe �Be11Ch Pdli91 � -e, � � I I ' RlaEln6ar8u � { 'Pod Ste „� 3�' �I�i Ttand�rS�1�gF: 4�x Gear nel gar eeafeool r 0 1 2 3 d 5 loft fl 1 2 3M TaIkTShe- _-- _ DIO.k,N..15�SSfill sml�msau [on'�ITtl71,l.tr ,tea Y Lupins KID TAL ftMmNo�Todoy nuk '1,111�}p RiaMnIIIL'dW ,�-11 f-1P &eip �I' Im[I:ntl Uso dore. i.NAM,I+aS . i�Ye :^*� r[�rF1R'lKan SuTo[eareo- sill'gF CAM::-''-e Help,'f]7�O Il¢ rage n Page 138 Item#7. VI. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2020-138110)and preliminary plat(H-2019-0133)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat by August 4, 2022,within two years of the City Council's approval of the preliminary plat; or apply for a time extension,in accord with UDC I I-6B-7. 3. Prior to City Engineer signature on the final plat,the final plat prepared Accurate Surveying &Mapping, stamped by Nathan J. Dang, dated: 1/25/2021, included in Section V.B shall be revised as follows: a. Add a note to the final plat that prohibits direct lot access to N. McDermott Road. b. Correct note#3 reference from"Boise"to "Meridian" c. Revise note#7 to remove the text"are designated landscape buffers." d. Add the following note: The bottom of structural footing shall be set a minimum of 12-inches above the highest established normal ground water elevation. e. Add the following note: Maintenance of any irrigation and/or drainage pipes or ditches crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage entity or lot owner's association. 4. Prior to City Engineer signature on the final plat,the landscape plan prepared by Stack Rock Group, stamped by Willet C. Howard on February 19,2021 shall be revised as follows: a. Provide details of the water feature indicated in Lot 6 of Block 2. 5. Per UDC I 1-3A-6, in residential districts, irrigation easements wider than ten(10)feet shall be included in a common lot that is a minimum of twenty(20) feet wide and outside of a fenced area,unless modified by City Council at a public hearing with notice to surrounding property owners. 6. The existing residence on Lot 11,Block 3 shall connect to City services and obtain a new address with development of the property. 7. The rear and/or sides of 2-story structures on Lots 2-4, Block 1 and Lots 2,Block 2 that face N. McDermott Road shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding, porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. 8. Future development shall be consistent with the R-8 dimensional standards listed in UDC Table 11-2A-6. 9. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13. 10. Developer shall comply with all ACHD conditions of approval. 11. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. Page 7 Page 139 Item#7. 12. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 13. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 14. The development shall comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys,driveways, common driveways, easements,blocks, street buffers, and mailbox placement 15. Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. B. PUBLIC WORKS Site Specific Conditions: I. This development will result in a long dead-end water main which may result in poor water quality. Development to the south will eliminate this dead-end and correct this problem. 2. Place a fire hydrant at the end of the N Glider Way cul-de-sac, and then T-off a stub with a blow-off to the south. 3. Sanitary sewers need to terminate at a manhole and not a clean out at property boundary. 4. The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in the amount of$265.25 per building lot. The aggregate amount of the reimbursement fees for the entire pre-plat area must be paid prior to development plan approval. 5. The applicant shall be required to pay the Oaks Lift Station Pump Upgrades Reimbursement Fees in the amount of$185.43 per building lot. The aggregate amount of the reimbursement fees for the entire pre-plat area must be paid prior to development plan approval. 6. As designed,the water mainline will be a long dead-end main,which may result in poor water quality.This dead-end situation won't be eliminated until the parcels to the south are developed. 7. The geotechnical investigative report prepared by SITE Consulting, LLC indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes, and that storm drainage systems function properly. Applicant shall be required to submit updated groundwater monitoring data and any new geotechnical investigative information that has been derived since the initial investigation efforts of April 20,2019. 8. Streetlight plan shall be on a stand-alone drawing pursuant to Section 6 of the Meridian Design Standards. Signage needs to be on a different plan sheet. Remove "Water Callout" from the streetlight plan. One additional Type 1 streetlight is required on McDermott Road pursuant to Drawing 6C of the Meridian Design Standards. All Type 1 lights need to be places so they are over McDermott Road and not Altitude Drive.All type I streetlights on McDermott Road shall be metered and conduit needs to be stubbed to the property line pursuant to Section 6-9 H. of the Meridian Design Standards. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision;applicant Page 8 Page 140 Item#7. shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC I I-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building Page 9 Page 141 Item#7. pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas Page 10 Page 142 Item#7. prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 11 Page 143 Item#7. From: Matt Schultz To: Alan Tiefenbach Subject: Re: FP-2020-0017 Lupine Cove Final Plat Date: Tuesday, March 2,2021 9:36:01 AM External Sender-Please use caution with links or attachments. I will get it on there Matt Schultz (208) 880-1695 On Tue, Mar 2, 2021 at 9:35 AM, Alan Tiefenbach <atiefenbach@meridian city.org> wrote: Matt, note Condition Number 5, which refers to the southern irrigation easement being 12' wide. Alan Tiefenbach I Current Associate Planner City of Meridian I Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-489-0573 1 Fax: 208-489-0571 �E II] - Built for Business, Designed for Living From: Alan Tiefenbach Sent: Tuesday, March 2, 2021 9:34 AM To: Adrienne Weatherly<aeatherly@meridiancity.org>; Andrea Pogue <apogue@meridiancity.org>; Bill Nary<bnary@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Chris Johnson<cjohnson@meridiancity.org>; Ted Baird <tb aird@meridian ity.org> Cc: Bill Parsons <bparsons@meridiancity.org> Subject: FP-2020-0017 Lupine Cove Final Plat Attached is the staff report for the final plat for Lupine Cove. This item is scheduled to be on the consent agenda at the City Council work session on March 9, 2021. The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e- mail with any questions. Page 144 Item#7. Alan Tiefenbach I Current Associate Planner City of Meridian I Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-489-0573 1 Fax: 208-489-0571 �E II D� Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Page 145 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Sagewood West Subdivision (FP-2021-0005) by Civil Innovations, PLLC, Located at 1335 W. Overland Rd. Page 146 Item#8. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MARCH 9, 2021 ORDER APPROVAL DATE: MARCH 23, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 53 BUILDING ) CASE NO. FP-2021-0005 LOTS AND 7 COMMON LOTS ON ) 10.37 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT SAGEWOOD WEST SUBDIVISION. ) BY: BEN THOMAS, CIVIL ) INNOVATIONS ) APPLICANT ) This matter coming before the City Council on March 9, 2021 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING SAGEWOOD WEST SUBDIVISION, LOCATED IN THE NW 1/4 OF SECTION 24, TOWNSHIP 3N, RANGE 1W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: 1/15/21, by JEFF BEAGLEY, PLS, SHEET 1 OF 5," ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(SAGEWOOD WEST SUBDIVISION—FILE#FP-2021-0005) Page 1 of 3 Page 147 Item#8. is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated March 9, 2021, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Ben Thomas, Civil Innovations, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(SAGEWOOD WEST SUBDIVISION—FILE#FP-2021-0005) Page 2 of 3 Page 148 Item#8. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 23rd day of March , 2021. By: Robert E. Simison 3-23-2021 Mayor, City of Meridian Attest: Chris Johnson 3-23-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 3-23-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(SAGEWOOD WEST SUBDIVISION—FILE#FP-2021-0005) Page 3 of 3 Page 149 Item#8. Exhibit A STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT !A H O DATE: 3/9/2021 Legend TO: Mayor&City Council aProject Location, FROM: Joseph Dodson,Associate Planner I - 23 208-884-5533 , SUBJECT: FP-2021-0005 e a Sagewood West Final Plat - PROPERTY LOCATION: P ®� The site is located at 1335 W. Overland Road,between S.Linder Road and S. -- ®� Stoddard Road, in the NW 1/4 of the NW 1/4 of Section 24,Township 3N.,Range 1W. I. PROJECT DESCRIPTION A Final Plat consisting of 53 detached single-family building lots and 7 common lots on 10.37 acres of land in the R-8 zoning district.Entire Sagewood West subdivision is proposed in this final plat; there should not be any future final plats for this project. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 10.37 Future Land Use Designation MDR(Medium-Density Residential) Existing Land Use County Residential Proposed Land Use(s) Single-family residential(SFR) Current Zoning R-8 Lots(#and type;bldg/common) 53 SFR,7 Common Density(gross&net) 5.11 Gross,7.89 Net Open Space(acres,total[%]/ 1.25 acres qualified open space(approximately 12%)—open buffer/qualified) grassy areas. Amenities Public art,children's play structure(climbing boulders),and micro-paths. Physical Features(waterways, N/A hazards,flood plain,hillside) History(previous approvals) H-2020-0038 (AZ&PP);DA Inst.#2020-178122 Page 1 Page 150 1 1 1 -��-� �u :11111 111 If�1111111111111f� _ �" -� - 84 99.OVE CAAI.J�`�Ak1U .o�i �IIII 1 lbw ....mossOmni no - • - o � �1 -nmilm I fWa +. � _� :Nnrnn■ � ■ § ` ■i muwW . 1*■■nna 11 ' gnat�fmul�inuuf, �� . f}an11■a a a LLJ� �.IC q■■� -unr C � ■11 SIn►f■ �I - �1NN■ ■1 inu•Z loaf � c�' F$ -Z _ � '"'"�� _. ��'" ��r 31r-T pl••1 °.Ir'Rrlw ' , '.Hy i.� a Mw� �:�� 1► L�IHiLA3 Now ° -' - n■I LXL' milli • - • �� r111111 ••• - • - • •g11111 ••�p_ �■11■111 �_ • -■11■111 �_� 11■11 . 111■1111 milli fill -gn111■■■1• �j� 11 -.�■1..111■■■Ir ---- -�� ._,�rflllllllllllll� � nm •`-'�1f1111111111111�111111111111111� 84 = 84 ' - � QYERL--AND' !_• O•UEP�A`ND��I �� • � numssn � � ►_� � -� ;Ii?: = ..amass .� r ��Irlllllli _�`� I I �:IIIIIIIII r �. � � � � rrrrll I■n � pp- 1�� rrrr■I I■n f11f1r.y af11f1 nnu11Wpf■n1111 son son na ■�•■rr■ra �Inf� ulnae, -r ■Im■a .`` � _ un aumwW -+ :' pNIN p:==Inl■�• _ ::1f07■ ■ � 'gpn�iN�'.a=..fi■01 ::1 1��n■� Inn■_��1 gnu• 1 uerr �iii' ■1 �Niii' n ♦ ♦ 1 1 ' - 1 i • Item#8. IV. STAFF ANALYSIS The proposed final plat consists of 53 building lots and seven(7) common lots in the R-8 zoning district. The minimum lot size proposed is 4,985 square feet with an average lot size of approximately 5,514 square feet. The proposed final plat matches the approved preliminary plat in lot count, site design, and open space. Therefore, Staff finds the proposed final plat to be in substantial compliance with the approved preliminary plat as required by UDC 11-6B-3C.2. V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Page 3 Page 152 VI. EXHIBITS A. Approved Preliminary Plat 311d'IiNl TAIL NOISIAlaons ism coomgvs IN Y" F tiiaW;, w"! Z Wz 5 LL.1 C\1 LU < VMp S5 si.lft. 4 k 3 tM Page 4 Item#8. B. Final Plat (dated: January 15, 2021) vi # yak S �€ m�� ¢s � ill Mom HIP IC g 1 " P lo ,A My z � i a o " iZn W " e a h whz _ � Im �R A ry / a E ,4CalkM.ZfsLapry l 9 �96'LR[M.SZSFePON .L0L01�.1.(Zi�'c[Q�.' �IT'OLf M.iSIR20N k Page 5 Page 154 Item#8. FIAT SriOWING 8 K—PARS. SAGEWOOO WEST SUBDIVISION fll f� anmeumuimur c --v-------- a �� , .xmxru..�e..._ �"'r$�•",,.ernrwsu.^�Nq IY �6 B q 'a P-xx-ewrw mm.. Ai xwunx __ i f a L a'. --------- ------------ - 9 11 $xw aas vnma � �vmn »xnr..aom- R -- n xurnN.m.iwu>eurema —mw�uxw wau-- ® - a unerrs,sswuwrrrreua.wm u k s �3 1 „ W n--- "r.na..w rmm. gg a � 116 ,.5 w mm_ LZ mrexJ wrxwwcc �wsr3 BiA�x a�xa � FMMElT I0836]] mn.�wrx=w.a�wmr ors (TpBJ 39BdIW �� suau.+.�.mee � FAX(2(!9]398-8105 scEs>�r.a a�swFAugAuo amvE rAe�s Gaz/5r/m.Cylc9[J1,G www.sawroarms.mn RAT 5HOWING BOOK PAGE. SAGEW000 WEST SUBDMSION - -- {� 1 f 'a,-rf I I LeGbYo r,�.�r5a.xc.o.n9- xo.r � ��i;�a"•,,�".�� , � �i . i �..n®,dm,a 10 �` e aeoxe..wxn:xw „ao.mra w.,.�nwn � I1574 'rsym�yC T0305.WASHI MJ7YE. FMME}T,IO(]pBJ 39B,A1m (NA9)398-8105 L�9vrh C�I�LI/r C� NN✓W.59WfiprHLSNM Page 6 Page 155 Item#8. C. Landscape Plan(dated: February 26, 2021) jI I I Ili - l r r i r i I R r Z SAGEWOOD WEST SUBDIVISION §�i�9E r 3 y = w MERIDIAN,IDpe " m FINAL PLAT LANDSCAPE PLAN a� btr Page 7 Page 156 Item#8. PLA\T S..HE�U_E mF u T M rCHLINE Ll 1TMATCHLINE L2 JE SIV ENBEL�! a�a 0. - - , _ � Z o o V g nav rn_ y w o a L. 1 � r � W n J }s I SLANOSCAPE � PLAN Page 8 Page 157 Item#8. ILAN7SGHE7ULE�r r � tea. - �ima3s PENS `�)TREE P_ANTIFY�'AKING �+ax VINYL FRIVCIGY FENCE oxnt =� b -aa� ue, a a co W o G wnf.ma role rrxrF r,eSgcr vcareuL l�.�rN ofu�r Fvwxr�o�rtr.ri c,.�v.xlm, _ �i W J 7 � H J O 51RUH PLANTING O � LU LANDSCAPE G,ALGULA7IONS O3 PLANTER GILT SF91J6E .v.A� ]n�.�,�.sour�ic�— "•�,ku ri.„+i qa PLAN Page 9 Page 158 Item#8. D. Common Drive Exhibit D NPLATTEO Iram`.� �►► ■ r I51 i!! 'y7gn�ri I� 1 ►► r1■ rrr �► ! .F • •r B !I• rr au �.� ► ry'■P �.`J! I r1 I 1 A�Il1.. r 1 C 1 S 5' f I r r 7 9jlp� r 1 ~•� r S / SETBACK LINE 12 _ ■I i I /! (TYPICAL) ! UNPLATTED q a saw S 6 BLOCK 1 i LOT 7 DRIVEWAY 5 I 1 i 19 BUILDING � 1 I ORIENTATION '-- ----------- LOTI3DRIVEWAY r. 1 rfrr i1 N[IIRR 'D 7S I] SQ HORIZONTAL SCALE IN FEET CM RE FU HWL �.D OYfY 8011Nr I SAGEWOON WEST SUBDIVISION mlI EDSY ST MERIDIAN,IDAHO CIVIL INNOVATIONS,PLLC DFMNffv JT► IwaE.PAFKlLw,SMial pZKMg{ pT Bp 2E,ID 93712 IMECRTE UVIW2¢I — PHONE(2010 OP G101 $CALF L$$H" 5HARED D RNEWAY EXHIBIT SH&T I CF I Page 10 Page 159 Item#8. VII.PLANNING AND PUBLIC WORKS COMMENTS & CONDITIONS 1. The applicant is to meet all terms of the approved preliminary plat(H-2020-0038) for this development. 2. The applicant has until July 28,2022(two years after the Preliminary Plat approval date)to obtain the City Engineer's signature on this final plat or apply for a time extension in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Prior to signature on the final plat by the City Engineer,the final plat prepared by Civil Innovations(Exhibit B),dated January 15,2021, shall be revised as follows: a. Note#7: Include recorded license agreement number. b. Note#12: Modify to include note that Lot 12,Block 1 is also an emergency access for the benefit of the property to the west(Parcel# S 1224223275). c. Note#14: Include recorded agreement number. d. Revise the plat to show Lot 12,Block 1 (the common lot and emergency access) as continuing west all the way to the west boundary as shown on the approved preliminary plat. 5. The landscape plan prepared by Jensen Belts Associates(Exhibit C),dated February 26,2021,is approved as submitted: 6. Prior to signature on the final plat by the City Engineer,the Applicant shall revise the common drive exhibit(Exhibit D)to match the revisions shown on the revised landscape plan(Exhibit Q. 7. The applicant shall comply with the submitted home elevations within the approved preliminary plat(H-2020-0038). 8. All fencing shall be installed in accordance with UDC 11-3A-7. 9. Stormwater integration facilities shall comply with the standards listed in UDC 11-3B-11C. 10. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster for more information. 11. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 12. For any common driveway that serves a dual purpose(i.e. driveway/emergency access/pathway), signage shall be provided to notify residents that the common driveway is a no parking zone. 13. Prior to signature of the final plat by the City Engineer,the Applicant shall provide the city arborist with a tree mitigation plan and receive approval of said mitigation plan. 14. Prior to the issuance of any building permit for the single-family homes,the final plat shall be recorded. 15. There is a sanitary sewer line stub at the north end of the property was intended to service this area. If it is not being used,it will need to be abandoned up to the manhole per Meridian Public Works Standards. 16. Adjust infiltration trench in front of Lots 6-7,Block 2 along S. Grayling Ave., and possibly the sewer service location to minimize sewer service crossing. Page 11 Page 160 Item#8. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years.This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. Page 12 Page 161 Item#8. 13. All grading of the site shall be performed in conformance with MCC 11-I 4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at(208)888- 5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to Page 13 Page 162 Item#8. development plan approval. 24. All irrigation ditches, canals,laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. hi performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 14 Page 163 Item#8. Joseph Dodson From: Ben Thomas <ben@civil-innovations.com> Sent: Monday, March 15, 2021 9:29 AM To: Joseph Dodson Subject: FP-2021-0005 Sagewood West External Sender- Please use caution with links or attachments. Joe, The applicant agrees to the conditions of approval and the staff report for Sagewood West Subdivision. Thank you. Ben Thomas, PE Civil Innovations, PLLC 1043 E. Park Blvd. Ste. 101 Boise, ID 83712 (208)884-8181 1 Page 164 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Sky Mesa Commons No. 5 (FP-2020-0021) by J-U-B Engineers, Inc., Generally Located West of S. Eagle Rd., Midway Between E. Taconic Dr. and E. Lake Hazel Rd. Page 165 Item#9. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MARCH 9, 2021 ORDER APPROVAL DATE: MARCH 23, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 13 BUILDING ) CASE NO. H-2020-0021 LOTS AND ONE (1) COMMON LOT ) ON 4-ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR SKY ) APPROVAL OF FINAL PLAT MESA COMMONS NO. 5 ) BY: J-U-B ENGINEERS, INC. ) APPLICANT ) This matter coming before the City Council on March 9, 2021 for final plat approval pursuant to Unified Development Code (UDC) I I-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING SKY MESA COMMONS SUBDIVISION NO. 5, SITUATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 3N., RANGE IE., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2021, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SKY MESA COMMONS NO. 5 FP-2020-0021 Page 1 of 3 Page 166 Item#9. HANDWRITTEN DATE: FEBRUARY 16, 2021,by ROBERT L. KAZARINOFF, PLS, SHEET I OF 6," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated March 9, 2021, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SKY MESA COMMONS NO. 5 FP-2020-0021 Page 2 of 3 Page 167 Item#9. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 23rd day of March , 2021. By: Robert E. Simison 3-23-2021 Mayor, City of Meridian Attest: Chris Johnson 3-23-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 3-23-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SKY MESA COMMONS NO. 5 FP-2020-0021 Page 3 of 3 Page 168 Item#9. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING 3/9/2021 Legend DATE: RUT 15Project Lacfliar TO: Mayor&City Council FROM: Sonya Allen,Associate Planner R, 208-884-5533 R-4 SUBJECT: H-2020-0021 Sky Mesa Commons No. 5 R-8 LOCATION: West of S. Eagle Rd.,midway between R-15 E. Taconic Dr. and E. Lake Hazel Rd., in RUT R= � the SE '/4 of Section 32,Township 3N., RUT Range IE. R-4 RUT R-8 I. PROJECT DESCRIPTION Final plat consisting of 13 buildable lots and one(1)common lot on four(4)acres of land in the R-8 zoning district for the fifth phase of Sky Mesa Commons Subdivision. II. APPLICANT INFORMATION A. Applicant: Wendy Shrief,J-U-B Engineers,Inc. —250 S. Beechwood Ave., Ste. 201,Boise, ID 83709 B. Owner: Woodside Harris, LLC—529 S. Bridgeway Pl.,Eagle,ID 83616 C. Representative: Same as Applicant III. STAFF ANALYSIS Since the time the preliminary plat(H-2017-0068)was approved for the subject property,the developer of Sky Mesa obtained the property to the south and a preliminary plat was approved for that property(Southern Highlands H-2019-0123). For interconnectivity between the two subdivisions,revisions were made to the street and lot layout at the southern boundary of the preliminary plat in order to provide a street connection between the two developments. An updated preliminary plat was submitted with the final plat for Sky Mesa Highlands(FP-2020-0007)that showed the reconfiguration(see Section V.A). Page 1 Page 169 Item#9. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2017-0068) and reconfigured preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The proposed final plat depicts the same number of building lots and more common open space area compared with that shown on the approved preliminary plat. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV.DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. Page 2 Page 170 Item#9. V. EXHIBITS A. Preliminary Plat(dated: 8/17/2017) 1 ... e ----------------- , , y. .0 5- _ S B _ LT L�5as •,.•�•••�•• . vesuocr s�eoMsrx I n n oa sa�wsiw wrasixc I Revised Lot Layout(dated: 1/15/2020): �i11 < �887 2821 2843 2665 2887 nU9 29S 2953 297a I Z d 4 BLflCH 4 i S 5905 - --- �� — y926 28 �a I B 1 I g 26 I { max.---------- A- �- R- R- al•II � II - >oW . 4 \ a i caMMONTor I nr uix mrni e. W, e. sKr nesb BOISE H=R sieot.lsl�i.b.sue-awsc e —HOI+IES— Page 3 Page 171 Item#9. B. Final Plat(date: 2/16/2021) PLAT SHOWING PLAT BOON PAGE Sky Mesa Commons Subdivision No. 5 %6d'B VB NWAe651 pule 61 b S6ulhemi Qumin cl 1 ctff 32.10whip!Nat Rage I EEL Bek 46" City of Meridian, Ada County, Idaho. 2021 Le rend S8B'16'25'E 405.£6' NW'I3'35-E R Ney'afi'2sw 19o.oa' ----'---11tlI^""L"'�o^"'^• -_----- �, to Fa.w n aN,b«a r,6ye«+4w aa• � i `�' -s.,caa amar.Fwb w,mn..caa as ru NW46'25-W ® -Foena Nrmnw Cw.o,rv,n E,Moraiu Stmal - _ __—_—_—_—__ w� -Srt�i/y-.j�Wear.rN s 15uY i %vm cm WMe'.ra_e IseaT r.,aaitl��-�e6a.r mp.xx u m�IR Hwl E ale [IRI] -ns x�„e.r rw�o er'�.,rvm•� -- Nee.B'•2W 580.46' f /-U-B ENGINEERS,INC. sraen F.sr V FOR RECORDATION we.m xeex, --� SHEET I aE 6 PLAT SHOWING ILiT BOO .'AGE Sky Mesa Commons Subdivision Na, 5 sa6aez6-� .n�za I +e66 r -gym— r______ I r-` --4 r - - , -- a r . - I I I r NB9'e6'251e ' 8 SBP. ]o.]x - •i- Is.00' R - - I --- �.•� I w I I I w i i I R si NI ai jc u DI a a • Is . � r _ —__ I r Nes.e zw 5eo zs' NOT FOROR RECORDATION C I-U-B ENGINEERS,INC. :•MEET:,Fa Page 4 Page 172 Item#9. PLAT SHOWING PLAT BOOK PACE Sky Mesa Commons Subdivision No. 5 1 669146'25T 405.26' B- -I 90.x6' r____-*_5.1 I I r $ I g l N69'46'25'W 190.00' R - la.ao• ao.00• w.00__ 1✓ i a II ' I � �� i J'nl gi I 8 I I= Ili o r, V ei m s..�.m. o _ I �l--- --J E- ----- e5.ax•' boss'--- � C------- ----I--' � �g E.MaMiax Slreel _ _ � 8 n 59Y48'x5'E � r F � aHI `\ll Irio III b a' I _ III o �im I�iixuxme I�se�t 1~JII„ s g - l I N69"a6'a2"Wo5B0.2fi' ra Fce zazz NOT e�FOR xxRECORDATION a-U-B ENGINEERS,INC. SHEEF 30F6 PLAT SHOWING PUT BOOK PAGE Sky Mesa Commons Subdivision No. 5 Notes E--t Notes .w.e.en.tiel�..e•e ma me.r..,ea a sm,n,.m Konkm. wln cae•meme.ne.h a aeg�eua ner�n we eoxzeru....o<.�kl.rau r.e.an lo-. ��.emz.:,��nb Hu wall.umgz um.m•�gmwe euN�y m.uluwe,m was a uxwe+w+I.un.duN,•rvurr.nm..m.rum,eiu br arsine.. eue..a w �...,e.,a., • r�•u a :Ihw u•gb'm' �••wdl Z Ebeiw weu.••e1•a.aproba ue nu:.y.wx.[u•.,.i.m�o-.arw..m eau lat G... m.0 em�uorul rtmaurae g•rtodl m w.city a keb�e zo e.. r.au�„m rvuer,n ro s .wk ..m.nn. ..I,k:sell na tie reaume m ea.u.5e.ur ry u I rmw me Iredw wmurxy. Imyvaen meemenr I.rua wm nFw•m Pow I�xalernwM�xrona'wo Cwb o-„I a�.ms•a.r ew�l-•e eMIInN I.•NII•e b.re-e one eak.y«•n,mra+a�ry xRo� I.non.ror nw m eoo«ss rn.r°.°im rero��xae nl.e... p e n.exn k.le.m,ne.,w w.ed,M..eaae,mvsalre s xs.�o-wnawNa..:•sni.a�°ir9 wnna,•,Ie s Imo°�a-mlr�ri��d:."e�N..r.e m.xemr,n.r.„•. .bewm. mM"a°Rwx•,.r. «wnli e...w..alr w m.mmewl r„r an rnx a a,r�...l• «�a. rva. ..kee,an„_ee e...a kl for ee,�emrkl ro rn.Ine<[„wl ma,<I-..r.A...�..a k.m x.��wr..iewi's««��wr��alx�.im-sar.e k�ewr�l�l b.a�eml.ne..w ..vrai wax""..arom.b.n.«� •p.r.cwn w.mn.. are.i�r.« .5.n m. :I °n.°0 nm'wa�a�w•era.a er.Im.a°��ar�.�«newan. Mr eplpnm epre5ee a w nyewarae.a»rwert epnrwnnl IeeM.e�xoae..ze rMP•n„a irriaxrbn a.ww.n•tidl b wn•a aN m•nMnel 4 buwvn Nanbmr r x,me a.ewnm anYwwvly�w Hx nxnemlee nur•.r worc amcwm'q mvmm�m w4nn le kurm 9Muke.TRe V-Izhfp M r�,dr wmkkbn•II d ne'Iw1 1u nehkrhe mrmen!•. r l,5til Imbpmry In wbwn lee—p—yrxxmm.IrxnnrninM w. Reference Documents waalww,.. a x�.sr�.e d naMam Mw E- xlynma.srna�.m, ar acs.9om,rocs.sx.l,tssr-asm a eoz.. �: o..en:raxxor.s>..oxornxl.n�_roxxl�xme-0e•.sa NOT FOR RECORDATION CORDATION 1-U-11 ENGINEERS,INC. uxmen..s_•muye.de sMFET x OF n Page 5 Page 173 Item#9. C. Landscape Plan(dated: 2/26/21) GROUP 1 GILL AMS BURUP TREEPWIfING �.". 2 SNRUIP 714G ��.._..-_�__. ..—,�..�-........�....r.... .«....,..m..,.rn.............._•••••^ _••a•.•. .,:.. .--------1 I 3 caucRErE sioEwaxs Aw uNdN�xr � 4 MrnL PRnacr rENCE o,e .^ — q� LA SG4 V M N PLANTS-EOULE _-- $ -.e ,.�- � �a•o�wa«a.r..n_ cMERVIEW e _ L100 € r-------------------------------------- -------------I _ 1 I ITW Loco I cncuP 'T . ,._'• I 1 — I I 0- i1'. 0 .FO OD - I I 4.0 --------- ------ --= ----- J„I Ly yJ - LANESC4PE REOVIR M r cwr•�Far-a�..w�..r�ar � 0 r•—n.n.r-w� _ ..• .�yr�uer.+n .rrrxur+n .._._..n_ L41[13GJlE PWI i r L101 Page 6 Page 174 Item#9. D. Emergency Access Exhibit KY mEhA �M s 5 O.2 oral+A a FTT 5Kh'4 IJS } CENT 7 1 SU p SI H N0.5 EYIERCE11C1' 14 ACCESS LOCATION h I 3 w nKY V ESA E — su ry loN FFFWTM i i I �I E,LANE FIAIEI I1Ly10 — SKY MESA HIGHLANDS SUBDIVISION MERIDIAN,IDAHO eMencencr access— Page 7 Page 175 Item#9. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(H-2017-0068,Development Agreement#2017-119308). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat, or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Land Solutions stamped on 2/16/2021 by Robert L. Kazarinoff, shall be revised as follows: Notes: a. Note#4: "Lots shall not be reduced in size without prior approval from the health authority and the City of Meridian." b. Note#10: Include the recorded instrument number for the ACHD License Agreement. c. Note#13: Include the recorded instrument number of the Development Agreement (#2017-119308). Easement Notes: d. Note#3: Include the recorded instrument number of the existing ACHD sidewalk easements. 5. The landscape plan prepared by Breckon Land Design,dated 2/26/21,is approved as shown in Section V.C. 6. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. The streetlight plan needs to be on a stand-alone drawing pursuant to section 6 of the Meridian Design Standards and Meridian Supplemental Specifications. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Page 8 Page 176 Item#9. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a Page 9 Page 177 Item#9. certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 10 Page 178 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Aviator Subdivision (H-2020-0111) by The Land Group, Inc., Located Near the Northeast Corner of N. Black Cat Rd. and W. Franklin Rd. Page 179 Item#10. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N~ AND DECISION&ORDER A 1 In the Matter of the Request for Comprehensive Plan Map Amendment,Development Agreement Modification, and Rezone of 9.8 acres of land for the purposes of returning the future land use designation back to Medium-High Density Residential,to create a new Development Agreement commensurate with the conceptual residential development, and Rezone the property to R-15 also commensurate with the conceptual residential development,by The Land Group. Case No(s).H-2020-0111 For the City Council Hearing Date of. March 9,2021 (Findings on March 23, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 9, 2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 9, 2021,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of March 9, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 9,2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Aviator Subdivision—FILE#11-2020-0111) - I - Page 180 Item#10. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 9,2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Comprehensive Plan Map Amendment,Development Agreement Modification,and Rezone are hereby approved per the conditions of approval in the Staff Report for the hearing date of March 9,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Aviator Subdivision—FILE#11-2020-0111) -2- Page 181 Item#10. use not to exceed one(1)two (2)year period.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11-513-617). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 9,2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Aviator Subdivision—FILE#H-2020-0111) -3- Page 182 Item#10. By action of the City Council at its regular meeting held on the 23rd day of March 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 3-23-2021 Attest: Chris Johnson 3-23-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 3-23-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Aviator Subdivision—FILE#11-2020-0111) -4- Page 183 Item#10. Exhibit A STAFF REPORT (:: WE I COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING March 9,2021 Legend DATE: Project Location �� m TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner 208-884-5533 SUBJECT: H-2020-0111 Aviator Subdivision h LOCATION: The site is located near the northeast corner of N. Black Cat Rd. and W. Franklin Rd., directly north of Compass '----- Public Charter School,in the SW '/4 of the SW '/4 of Section 10,Township 3N., Range 1 W. VV I. PROJECT DESCRIPTION The Applicant has submitted requests for the following: • Comprehensive Plan Map Amendment to return the subject site back to the future land use designation of Medium-High Density Residential(MHDR) for the purpose of developing the site with residential instead of a school site as previously approved; • Rezone a total of 9.8 acres of land from the M-E zoning district to the R-15 zoning district to align with the proposed map amendment; and • Modification to the existing development agreement(Inst. #2018-079763) for the purpose of removing the subject property from the boundaries and terms of the previous agreement and enter into a new one, consistent with the proposed residential concept plan,by the Land Group, Inc. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 9.8 acres Future Land Use Designation Mixed Employment—Ten Mile Interchange Specific Area Plan(TMISAP). Existing Land Use(s) Vacant Proposed Land Use(s) Single-Family Residential Lots(#and type;bldg./common) No plat is being requested at this time Physical Features(waterways, Purdam Gulch Drain runs diagonal through site from the hazards,flood plain,hillside) southeast corner to the northwest corner.Applicant intends to tile a majority of this drain and realign it to make better Page 1 Page 184 Item#10. Description Details Page utilization of the property and green space with future plat application. Neighborhood meeting date;#of October 13,2020,on-site meeting—3 attendees attendees: History(previous approvals) H-2018-0048(Compass Charter School AZ,CPAM;DA Inst.#2018-079763). B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access is proposed via future extension of W.Aviator Street, Hwy/Local)(Existing and designated as a towncenter collector street on the Master Proposed) Street Map(MSM)and within the TMISAP(two lanes of travel with on-street bike lanes). There is no plat proposed with this application but there will be local street connections off of the Aviator extension. Traffic Level of Service Black Cat Road—Better than"B"(446/575 VPH) W.Aviator Street—no known traffic counts at this time. Stub Street/Interconnectivity/Cross Applicant is proposing to extend W.Aviator Street and bring Access it through the subject site and stub it to the eastern property boundary north of the irrigation district pump station in the southeast corner of the site upon future submittal of a preliminary plat. Existing Road Network W.Aviator ends in a temporary turnaround approximately 200 feet along the property's southern boundary.Next closest street is N.Black Cat Road,an arterial,and is in the ACHD CIP for widening in 2031-2035. Proposed Road Improvements Applicant is not proposing any road improvements at this time.When a preliminary plat is requested in the future,the applicant will be required to extend W.Aviator Street and stub it to their east property boundary. Distance to nearest City Park(+ Fuller Park(21.96 acres)— 1.3 miles by foot;approximately size) 1.7 miles by vehicle. Fire Service Comments Because no plat is being proposed,MFD did not offer any comments at this time.In general,project will be limited to no more than 30 homes off of singular access unless all homes are s rinklered. Police Service • Distance to Station Approximately 5 miles from Meridian Police Department • Response Time Approximately 4 '/2 minute response time to an emergency. • Call Data Between 12/1/2019- 11/30/2020,the Meridian Police Department responded to 1,209 calls for service within a mile of the proposed development. The crime count on the calls for service was 111. See attached documents for details. Between 12/1/2019- 11/30/2020,the Meridian Police Department responded to 35 crashes within a mile of the proposed development. • Additional Concerns None Page 2 Page 185 wBig ■■■'� ■o:-■■1111111 nun • �� '-,„ f,3',F- rno - �.11111n1111 IIIII=_ --� • �' ,,. --- Y_' 1- ` I I �•IIIII==_e=°°° � - r IIn\�\�II�Clllt lli111111111111111 I L -`� - _. I -' �Z' ■1 I � � fRANKLI�N I� - 1 � �FRANKLIN ■111 __ 11 - l f. 1111,� I11"IG Ito • • - �1111111 1111111__� 01�1 - .p;� � nos ;�; 4q - �:•1»� _ I ' 1 ' •! 1 I I 1 ■ -- R~ •�� •i' fir' ��Illlp� -•" �i:� �:'� IIIII RIIIIIIII � " ^• em''■ ly'1�■■■■■■■■■i-��-pI1n1 111 n■1■111n111 1II1nl llllllul I��i4�'= ', U9�UCJ • • 1l1l1u11�■�.�111/'- _' • 1■11■■11 11111111■I►�%ile= _�:� � w� ■■ ■��v1•nnlm ' Ilnu"'� v1•nlTllnl,pn Innuli s•Imll IIIIIII ■ IIIII='- __--}I III 'I - --�i ■ IIIII ee.�---■� 711111 -r IIIIr „ 'I� ♦,IIIII==�•--- IIIII r•�� ■■ .IIIII=-., -7N11111 � Innl.____99�='.nmum■ \•�' ■,r =: :..IIIII"'+ L■n\\�II�CIII�IIIIIIInlnnllnnln �Ii~� 1 n►`\�u=_II�amnnmm�nnm JIIIIII�� I�, I"IIIIIII, '�, n■ r nun -- Illln ".e. Ilnll nn■IId11n111111111111 ■ IIIII jjjj, ..IIIII tl..IIIII IIIII nnm nnm rr■■� =nmm nnl== ill 11 Item#10. IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification l/l/2021 2/19/2021 Radius notification mailed to properties within 500 feet 12/29/2020 2/16/2021 Public hearing notice sign posted 1/11/2021 2/24/2021 on site Nextdoor posting 12/29/2020 2/16/2021 V. STAFF ANALYSIS A. COMPREHENSIVE PLAN MAP AMENDMENT(CPAM) The Applicant is requesting to modify the comprehensive plan map for the subject parcel in order to allow for residential zoning and uses instead of Mixed Employment or other industrial uses. The current future land use is Mixed Employment which encourage research and development, office, light- industrial,information, and other ancillary commercial uses. Instead,the applicant is requesting to return the property to its original future land use of Medium-High Density Residential(MHDR). This designation allows for a mix of dwelling types including townhouses,condominiums, and apartments. Residential gross densities should range from eight to fifteen dwelling units per acre. Developments need to incorporate high-quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity. The subject 9.8 acres were annexed into the City of Meridian in 2018 with the Compass Charter School application and received CPAM approval at that time to change the underlying land use from medium- high density residential to mixed employment. The 2018 request and subsequent approval to change the fixture land use from residential to more of a commercial or industrial land use was so the new school could be constructed and an adjacent county landscaping business could be annexed into the City and still comply with code. Currently,these mixed employment parcels are the outliers in an area surrounded by parcels designated for medium-high and high density residential. At the time, it was determined that the map change was applicable because the subject parcel was conceptually shown with a sports field,track, and stadium and was the school's avenue for annexation into the City of Meridian in 2018. However,in 2020, Compass Charter received approval to modify their concept plan and Development Agreement to move their sports field to a more adjacent parcel to the new school. Therefore,this 9.8 acre parcel is no longer part of the long-term plan for the school and was subsequently sold to its current owners. In addition to the outcomes of the subject parcel,directly west of this site Hensley Station is currently under construction as a medium-high density residential subdivision and less than a half mile to the east of the subject site additional high-density residential projects are currently underway. In addition, directly south of Franklin Road is a larger area of the Ten Mile Plan with a mix of residential, commercial, employment,and industrial zoning. If this parcel is to remain with its current zoning and future land use, Staff believes it would essentially be a random area of commercial zoning and would be very difficult to properly mitigate any noxious uses from occurring. Because the Applicant is proposing to return the parcel back to its original future land use designation and become a more compatible land use to its neighbors, Staff supports the requested map amendment. Page 4 Page 187 Item#10. B. DEVELOPMENT AGREEMENT MODIFICATION(MDA) The subject parcel is still subject to the existing Development Agreement and concept plan from the Compass Charter School annexation(Inst. #2018-079763)that shows this site containing the football field,track, and stadium for Compass Charter. As noted,the school is no longer going forward with this plan and received other approvals from the City to annex an adjacent parcel and construct a play field on it instead. Therefore,in conjunction with the CPAM to change the future land use from mixed employment to residential,this DA Modification request is for the purpose of removing this parcel from that agreement to enter into a new agreement consistent with the proposed residential concept plan(see Section VII. The proposed concept plan includes the required extension of W. Aviator Street along its southern boundary and then its eventual stub to the east property line within the property. Further analysis of this extension is below in the Rezone analysis. In addition,the concept plan shows single-family attached homes that are a mix of alley-loaded and front loaded homes; a large number of the homes are proposed to have front porches facing green space within the development and along the buffer to W. Aviator. The applicant is showing a local street that loops through the site and connects to Aviator near the southwest and southeast corners of the property allowing for an easy flow of traffic through the site. If the Applicant does not receive the requested map amendment approval,this concept plan,requested R-15 zoning, and conceptual residential use would become null and void. Because the development plan for this site has completely changed from the school site development previously approved and the terms of the agreement are therefore no longer applicable, Staff is amenable to the request for a new DA to replace the existing agreement based on the proposed concept plan;the provisions for the new DA are included in Section VIII.A.1 and the concept plan for the overall site is included in Section VII.D. REZONE(RZ) Lastly,the Applicant is requesting a Rezone of the 9.8 acre parcel, currently zoned Mixed Employment (M-E). This request hinges on the approval of the Comprehensive Plan Map Amendment from Mixed Employment to Medium-High Density Residential(MHDR). If the map amendment is approved,the Applicant is requesting to rezone this property to the R-15 zoning district to allow for a future single- family residential development—no preliminary plat application is being proposed at this time because development of the property as residential hinges solely on receiving the map amendment approval. As discussed in the CPAM analysis section above, Staff is supportive of a residential development at this location. This property also lies within the Ten Mile Interchange Specific Area Plan (TMISAP) and the Applicant has revised the concept plan numerous times in order to better meet the guidelines and preferences of the Ten Mile Plan. Specifically, the Applicant's concept plan depicts a mix of homes that will be alley-loaded or rear-loaded with the dwellings fronting on green space and homes that are more garage dominant. However, even the garage dominant units are proposed to meet the Ten Mile Plan by bringing the building closer to the street to establish a more uniform street presence and support a pedestrian environment as seen in the conceptual elevations and floor plans in Section VILE. Specific guidelines and policies within the Ten Mile Plan and the general Comprehensive Plan will be analyzed with a future preliminary plat. However, because the Applicant is not concurrently applying for a preliminary plat, these conceptual elevations,floor plans, and site plan will be made part of the Development Agreement to ensure substantial compliance with what is currently being proposed. Furthermore, Staff believes the proposed elevations are more in line with the Ten Mile Plan than previous iterations. Staff anticipates some tweaks to the site plan but nothing substantial-if the site plan changes substantially, a new DA Modification application will be required. Page 5 Page 188 Item#10. Transportation: Concept plans within Development Agreements are heavily driven by road layouts and the transportation element of society. Therefore, it is important to discuss access for this project in a separate section within this staff report regardless of the fact no preliminary plat is currently being proposed. Access is proposed via extension of a collector street(W.Aviator Street)and a subsequent local street off of said collector. W. Aviator currently provides one of the accesses to the Compass Charter School and will provide access to Hensley Station Subdivision, directly west of the subject site. Due to the pattern of development,Aviator will only be extended to the east boundary of the subject site and not connect to any other major road until such time that more parcels develop to the south and east of the subject site. This is one more reason why the Applicant is not choosing to submit a preliminary plat at this time. Because of this,it is imperative that the conceptual layout of Aviator is well thought out and shown in a position that allows for fair and convenient extension in the future. The original concept plan submitted by the Applicant depicts Aviator continuing on its current path and heading due east through two parcels that are not currently annexed into the city and terminating at the western boundary of an irrigation parcel with unknown owners (a parcel containing a segment of the Purdam Gulch Drain). Both City Staff and ACHD believe this conceptual configuration for Aviator would be both costly and very difficult to execute because it would have to cross the drain in more than one location and there is no guarantee those permits would be allowed by its administrator. Staff shared these concerns with the Applicant and they revised the concept plan to show a more appropriate extension ofAviator. Staff is appreciative of the Applicant's ability to work with Staff and revise the layout for the above reasons. The revised concept plans (Section VII.D) now show Aviator heading northeast into the parcel from its terminus in front of the Compass Charter expansion, crossing the drain once, and then stubbing to the east property line north of the irrigation pump station in the southeast corner of the subject site. This new configuration allows for future extension ofAviator to occur without a need to cross the drain again and not require this Applicant to acquire land from the two county parcels to its south. This new layout generally depicts the same internal layout with some shifting of the site to the east to accommodate easements. In addition, the revised concept plan appears to lose much of its central green space but has more green space in other areas of the site. If possible, with future development applications, the Applicant should work to utilize more of the site to provide more central open space. The revised road layout and land area lost to right-of-way may lend itself to a mix of single family and multi family to help the property reach the density range for MHDR. Staff believes tying the DA to this revised concept plan is applicable but all parties should be aware that any significant changes will require a future DA Modification application. VI. DECISION A. Staff: Staff recommends approval of the proposed Comprehensive Plan Map Amendment,modification to the existing Development Agreement,and Rezone per the provisions included in Section VIII in accord with the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on February 4,2021.At the public hearing,the Commission moved to recommend approval of the subject Comprehensive Plan Map Amendment,Development Agreement Modification,and Rezone requests. 1. Summary of Commission public hearing: a. In favor: Kristen McNeill, The Land Group; Matthew Adams, The Land Group b. In opposition:None c. Commenting: Kristen McNeill; Matthew Adams Page 6 Page 189 Item#10. d. Written testimony: One item from Mrs. Bowery—Applicant clarified neighbor's questions prior to the hearing and she was satisfied with the answers. e. Staff presenting application: f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. None 3. Key issue(s)of discussion by Commission. a. Location of drain on property and whether it is intended to be relocated,piped, or both; b. Willingness of Nampa-Meridian to allow any section of the drain to be piped— Applicant has had preliminary discussions with irrigation district and the,, are in support; c. Concern of future plat and its layout in regards to open space and the common drive shown. 4. Commission change(s)to Staff recommendation: a. None 5. outstandingissue(s)ssue(s) for City Council: a. The Applicant has not provided Planning Staff with revised rezone exhibits as noted in the conditions of approval. C. The Meridian City Council heard these items on March 9,2021. At the public hearing Council moved to approve the subject Comprehensive Plan Man Amendmen,Development Agreement Modification. and Rezone requests. 1. Summary of the City Council public hearing: a. hi favor: Kristen McNeill,Applicant,The Land Group b. In opposition: Jane Byam,resident c. Commenting: Kristen McNeill,Jane Byam d. Written testimony:None following Commission hearing e. Staff presenting application: Joseph Dodson,Associate Planner f Other Staff commenting on application: Bill Nary, City Attorney 2. Key issue(s)of public testimony: a. Density of the proposed concept plan when adjacent roads have not vet been widened: b. Issues surrounding changing the comprehensive plan map• 3. Key issue(s)of discussion by City Council: a. Level of traffic on nearby roads with existing development, specifically the charter school traffic,and how would Staff project future road layouts and improvements to occur surrounding subject b. Why is the Applicant not proposing a plat concurrently with the other applications: c. What is the benefit to the City to amend the comprehensive plan map and change the subject site's designation to medium-high density residential—moreover,is this change a reflection of what was there previously or is it a change of the Mixed-Employment designation: d. How does the-sub ject site fit with the adjacent parcels that are also medium-high density residential on the FLUM 4. City Council change(s)to Commission recommendation: a. None Page 7 Page 190 Item#10. VII. EXHIBITS A. Conceptual Development Plan Included in Existing Development Agreement ni 1 I i C•103Q Page 8 Page 191 Item#10. B. Rezone Legal Description and Exhibit Map LEGAL DESCRIPTION ■s � Page 1 OF 1 LAND GROUP November 10,2020 Project No.:120D35 R/Z EXHIBIT CITY OF MERIDIAN REZONE FROM M-E TO R-15 DESCRIPTION An area of land situate in Southwest Quarter of Section 10,Township 3 North,Range 1 West,Boise Meridian,Ada County,Idaho,being more particularly described as follows: COMMENCING at the West Quarter Corner of said Section 10[from which the Southwest Corner of said Section 10 bears South 00"38'57"West,2653.05 feet distant];Thence on the west section line of said Section 10,South 00°38'57"West,1565.22 feet;Thence leaving said west section line,South 89'15'44" East,25.00 feet to a point common with the easterly right of way line of North Black Cat Road and the northerly right of way line of West Aviator Street;Thence on said northerly right of way line,South 89"1544"East,470.45 feet to the POINT OF BEGINNING: Thence leaving said northerly right of way line,North 00°36'41"East,626.77 feet to a point on the centerline of the 200 foot right of way of the Union Pacific Railroad; Thence Dn said centerline right of way line,South 88'25'50"East,824.18 feet; Thence leaving said centerline right of way line,South 00"36'4 1"West,614.80 feet; Thence North 89'15'44"West,101.63 feet; Thence North 00'44'16"East,46.00 feet; Thence North 89'15'44"West,32.00 feet; Thence South 00'44'16"West,46.00 feet; Thence North 89'15'44"West,484.59 feet to a point common with the northerly and easterly right of way line of West Aviator Street; Thence on said easterly right of way line,South 00'36'4 1"West,27.50 feet to the centerline of said West Aviator Street; Thence on said centerline of West Aviator Street,North 89'15'44"West,205.91 feet; Thence leaving said centerline,North 00'44'16"East,27.50 feet to the POINT OF BEGINNING. The above described area of land contains 11.84 acres,more or less. PREPARED BY: ",pl.LAJy The Land Group,Inc. WH O��GENSE G� Michael Femenia,PLS a 13 ❑ �6 '5 T OF\DA ARL S. 402 East Shore Drive.Suite 100,Eagle,Idaho 83616 208-939.4041 ihelandgrouplm-rom Page 9 Page 192 Item#10. W1/4 COR. ccr SEC.10 x4� R/W— R/W R/VJ --R/W- R/W —R/W o UNION PACIFIC RAILROAD RIC,HT—OF-WAY 1 S88°25'50"E 824. 8� All— PN88°25'50"W 495.26 — — — — -- - Line Table 'yNL LA N APN:S1210325951 I � \C Ns s�� w COMPASS PUBLIC CHARTER SCHOOL INC W G N BLACK CAT RD `r LINE BEARING LENGTH o 9.85 Acres± n r, 5 02�) L1 N89°15'44"W 101.63' 0 REZONE AREA:17.84 Acres± �I L2 N00°44'16"E 46.00' c.r FROM:M-E T0:R-15 I L3 N89°15'44"W 32.00' q `t2 t1/1C/?07U L4 S00°44'16"W 46.00' O �cm o S89°15'44"E 25.00' � POB L3� i L5 SOO°36'41"W 27.50' �� N R89v15'44"E 470.54'R /// L7 N89°15'44"W_484.59' L1 m � W. AVIATOR STREET ; L5 1 L6 N89°1544"W 205.91' 0 R/W�� 1L6! 32.00' L7 N00°44'16"E 27.50' Rezone = r for cc Compass Public SW COR. F, SE0.16 Charter School, Inc. Situate in a Portion of the SW 114 of Section 10 .� 5 Township 3 North,Range 1 West,Boise Meridian W R m City of Meridian,Ada County,Idaho ram+ N RIZ Exhbit 2020 0 20O' 400' i� cc 4 ``\ Horizontal Scale-1"=200' PmleciNo.:120035 1 of 1 Date of Issuance:Number 10,2020 Page 10 Page 193 Item#10. C. New Concept Plan(date: 8/03/2020)NOT APPROVED —rLAN' THE GRODUP IU 111W-11WAY I-T-l-]-T- L j Jji 'I d Lt .......... h.puty 0-- -T-H Tffl T CM Ci -i I LL L�-i E.g...11 L..d—p.A.hit.d,MI.—,:7 vv THE LAND 3R—N�C�f.IPMM Call_T '1_ 1-1 F-T,FT, -Fr Tti"T IIFFNj al t rA L V, -T—JU—B" F� ompo ER'SrCHOOL N- CONCEPT SITE PLAN C6.00 Page 11 Item#10. D. Revised Concept Plan and Revised Road Layout(dated: 1/13/202 1) MTHE LIFILAII Proles Summary: GROUP ----7TTTTTT-MTFTjTT 41 Z..Irg 11Squirerark- JAIAILIJALULLq��: -,.T T 'TT"I .......... Ropirty Ommur, j 1111T.1-11111 11 El- J4 �j-wj LI Engirmar,Landscape Architect,Man— THE LANI SPOUP I <91STFf,4M17NFr I 1-ILH -E 00-WTHNT-SPLA-ES COW-110-i-I--VEYCH) 1111H,11 EW 1H K, J,. I 'A �,COMPASS tRTER SCHOOL TT Y CONGER SIR PW, I D CONCEPT SITE PLAN C6.00 Page 12 Item#10. IAII ' THE THE GROUP V.P,RR.PoGHT-0E-WAY 6 PLAN LEGEND: ME IU R sub GIVISIGN PARCEL 11E0A1-HIGH 0fN91TY RE910ENTIAL �� •++„�-� RRAC AVIATG—TIGHT RG-CT0iING ROAO L1A991FILATION'.COLLECTOR AVIATOR SUBDIVISION PARCEL wEST nvInTOR srREET ROW - APPROXIPIRTE f-RE ALIGNMEW •£I I� RDAO G—FIGATIGN',COLLECTOR i•�I�—_I. - '�, P�AMn�NraATAPPL�NTnn � 3�ES1 EFEIIJ�E.pIF�� l Pro ertlwne Or: p 3T rtVfAT�R STREET-FO veestlnerrtmuattas caoua.LLc y —Elo—2sr tYN O J o J �F { En sneer Landsna a Archdeci Planner: (— _ 1 9 P e — — �\,�: aoNTm,NRIrT1v IAONNLLmIAnNERJ C.fe _I mz LONT.L 11..TiNE'A']AIMS FLANC X]9FDRj HITFLf' — 4i �xf�- \ �'n COITY 1E100L9' NC StIR IFYOA _ - } iPGLL, D6 6 611 •„„ 5 � f �+1 � BOWERY PARCEL =x �3R 4:'n ICI ROXM PARCEL qqq� d1k a ,¢OMPASS TER SCHOOL �. 11 -_ eat. e __ - - t. I I I' If:I � I� 'J � I I,, caacErlrnleu:' CONCEPT SITE PLAN C6.00 Page 13 Page 196 Item#10. E. Conceptual Building Elevations and Floor Plan c r .y t rf, i J� II OA AG F X DRIVGWAY �hrlq F u++a i P CH h� STREET SIDE STREET SIDE Conceptual Neighborhood Housing Type Pion Page 14 Page 197 Item#10. ' s DU �� Mkd A• 61�1T I lx- - EAST ELEVLTION Conceptual Neighborhood Housing Type Oetration Page 15 Page 198 Item#10. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Development Agreement Modification: 1. The subject property shall no longer be subject to the terms of the existing Development Agreement (DA) (Inst. #2018-079763)upon the property owner(s)entering into a new agreement. The new DA shall be signed by the property owner(s) and returned to the City within six(6)months of City Council granting the approval of the rezone. The new DA shall include the following provisions: a. Future development of this site shall be generally consistent with the conceptual site plan, conceptual road layout, and conceptual elevations and floor plan exhibits included in Section VII and the provisions contained herein. b. Future development shall comply with the ordinances in effect at the time of application submittal. c. Future development of this site shall be generally consistent with the neighborhood design elements outlined in the Ten Mile Interchange Specific Area Plan(TMISAP) and the guidelines for the Medium-High Density Residential future land use designation within the TMISAP. d. Future residential development shall be constructed within a gross density range of 8-12 dwelling units per acre. e. The Applicant shall construct W.Aviator substantially consistent with the configuration shown on the Revised Road Layout(Exhibit VII.D). f. No building permits shall be issued for this development until the property has been subdivided. g. At least ten(10) days prior-to the City Couneil heafing, The ApplieafA shall submit r-evi Rezone legal deser-iptions that inelude the NMID pump station pafeel th4 was illegally sp14 from this pafeel in the past. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 No proposed changes to public sewer and water Infrastructure have been presented within this record. Any changes or modifications,to the Public Sewer Infrastructure, shall be reviewed and approved by Public Works. C. POLICE DEPARTMENT https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=218962&dbid=0&r0o=MeridianCiV&cr =1 D. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=218983&dbid=0&r0o=MeridianCitX E. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=219210&dbid=0&r0o=MeridianCitX Page 16 Page 199 Item#10. IX. FINDINGS A. Comprehensive Plan Map Amendment(UDC 11-511-71)) 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 amendment to the comprehensive plan,the council shall make the following findings: 1. The proposed amendment is consistent with the other elements of the comprehensive plan. Council finds the proposed map amendment is consistent with other elements of the comprehensive plan as discussed in Section V. 2. The proposed amendment provides an improved guide to future growth and development of the city. As outlined in Section V, Council finds the proposed map amendment is an improved guide to future growth for the subject property. 3. The proposed amendment is internally consistent with the goals,objectives and policies of the comprehensive plan. Council finds that due to the adjacent development and order of development, the proposed map amendment will be consistent with the comprehensive plan. 4. The proposed amendment is consistent with this Unified Development Code. No development is proposed with this application but Council finds the proposed use of residential is consistent with the Unified Development Code. 5. The amendment will be compatible with existing and planned surrounding land uses. Council finds the map amendment makes the subject property more compatible with existing and planned surrounding land uses. 6. The proposed amendment will not burden existing and planned service capabilities. Because the Applicant will provide public utility extensions at their own cost with future development applications, Council finds the proposed map amendment will not burden any service capabilities. 7. The proposed map amendment(as applicable)provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. Council finds the proposed map amendment allows sufficient area to mitigate any anticipated or unanticipated impacts associated with future development of the site. 8. The proposed amendment is in the best interest of the City of Meridian. As outlined in Section V, Council finds the proposed map amendment is in the best interest of the City. B. Annexation and/or Rezone (UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: Page 17 Page 200 Item#10. 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds the Applicant's proposal to rezone the 9.8 acre property to the R-15 zoning district is consistent with the requestedfuture land use designation ofMedium-High Density Residential as noted above in Section V.B with Staffs recommended provisions. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds the proposed map amendment and concept plan comply with the purpose statement of the residential district in a conceptual nature as no specific development is currently proposed. 3. The map amendment shall not be materially detrimental to the public health,safety,and welfare; Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed use should be compatible with adjacent existing residential properties to the west and the school property to the south. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Council finds City services are available to be provided to this development. 5. The annexation(as applicable)is in the best interest of city. Council finds the proposed rezone is in the best interest of the City. Page 18 Page 201 Item#11. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Chewie Subdivision (H-2020-0120) by Kent Brown Planning, Located at 2490 W. Franklin Road and the Lot Directly North Page 202 Item#11. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-' AND DECISION&ORDER In the Matter of the Request for Preliminary Plat consisting of six(6)industrial lots on 43.87 acres of land in the I-L zoning district,by Kent Brown Planning. Case No(s).H-2020-0120 For the City Council Hearing Date of: March 9, 2021 (Findings on March 23, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 9,2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 9, 2021,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of March 9, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 9,2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 9,2021,incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Chewie Subdivision—FILE#11-2020-0120) - I - Page 203 Item#11. reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 9,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11-5B-6F). FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Chewie Subdivision—FILE#H-2020-0120) -2- Page 204 Item#11. Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of March 9,2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Chewie Subdivision—FILE#H-2020-0120) -3- Page 205 Item#11. By action of the City Council at its regular meeting held on the 23rd day of March 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 3-23-2021 Attest: Chris Johnson 3-23-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 3-23-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Chewie Subdivision—FILE#H-2020-0120) -4- Page 206 Item#11. Exhibit A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 3/9/2021 Legend EH LEI] DATE: TF FEIIProiect Location TO: Mayor&City Council FROM: Joe Dodson,Associate Planner 208-884-5533 _- ( SUBJECT: H-2020-0120 Chewie Subdivision LOCATION: The site is located at 2490 W.Franklin Road and the lot directly north,in the S F. 1/2of Section 11,Township 3N.,Range - - `--" 1w. E I. PROJECT DESCRIPTION Preliminary Plat consisting of six (6) industrial lots on 43.87 acres of land in the I-L zoning district, by Kent Brown Planning. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 43.87 acres—zoned I-L Future Land Use Designation High Density Residential(+/-23 acres)and Mixed Employment(+/-20.5 acres) Existing Land Use(s) Single-family residential and agriculture; Small engine repair shop;bus barn;disposal site;and new FedEx distribution center. Proposed Land Use(s) Industrial Warehousing/Distribution(DID3/Amazon delivery station is currently under construction on Lot 1). Lots(#and type;bldg./common) 6 total lots—all industrial building lots Physical Features(waterways, Railroad property abuts property along entire northern hazards,flood plain,hillside) boundary. Neighborhood meeting date;#of October 20,2020—4 attendees; attendees: History(previous approvals) A-2020-0194(DID3 Delivery Station);Property annexed and zoned I-L sometime in the 1970s(exact ordinance unknown). Page 1 Page 207 Item#11. B. Community Metrics Description Details Page Ada County Highway District 1 • Staff report(yes/no) Yes • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access is proposed via a new collector street(shown as N. Hwy/Local)(Existing and New Market Avenue)connection to W.Franklin Road(an Proposed) arterial)in line with the collector street connection on the south side of Franklin. Traffic Level of Service- Franklin Road—Better than"D"(282/1,780 VPH) PM Peak Hour Traffic Count Ten Mile Road(zero frontage)—Better than"D"(942/1,780 VPH) Stub Street/Interconnectivity/Cross Applicant is proposing to construct a new collector street Access through the development stubbing at the west property line and eastern property line via the already approved CZC for DID3 (A-2020-0194).The 6 industrial lots are proposed off of this collector street.Cross-access along Franklin is unknown with the submitted application.Further analysis is below. Existing Road Network No(Franklin Road abutting the site is only existing road) Existing Arterial Sidewalks/ There is no existing buffer to Franklin Road(the abutting Buffers arterial street)but there is existing detached sidewalk along the property's entire frontage on Franklin Road.The required landscape buffer will be installed with this project. Proposed Road Improvements Via the approved CZC for DID3,the Applicant is required to construct a new collector street across the site(west-east)and connect to Franklin Road in line with New Market on the south side of Franklin. Distance to nearest City Park(+ 1.7 miles to Fuller Park(21.9 acres in size) size Fire Service—No Comments Police Service—No Comments Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed South Black Cat Trunkshed - • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.06 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns •Flow is committed Water • Distance to Services Directly adjacent • Pressure Zone 2 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Water Yes Master Plan Page 2 Page 208 Item#11. Description Details Page • Impacts/Concerns Utilities are being reviewed under DID3 (Amazon) application. COMPASS— Communities in Motion 2040 2.0 Review Housing w/in 1 mile 3,180 Jobs w/in 1 mile 3,270 • Ratio 1.0(ratio between 1-1.5 is considered healthy ratio) Nearest Bus Stop 0.7 miles Nearest Public School 1.3 miles Nearest Public Park 1.7 miles Nearest Grocery Store 2.2 miles Recommendations See agency comment section for link to full file. Section VIII.0 C. Project Area Maps .Future Land Use Map Aerial Map Legend g i nsi 0 Legend EIProject Location sidential Project Locatic i y. M ® "a,T I General Hi ity Industrial _ R mnra MU-Res Commercial € _U Lowt en ill High Density !ill lilt a E " F Employment Residential Zoning Map .Planned Development Map Legend R� ® 0 Legend ® Id 0 Project Location RUT Project Location K-13L-O R`40 L��G�i ;_i City Limits RRUT C-C R-:1 C-N R._�§ Plann R� ed Parcels _ C-N RUT Ril I=L L O C-C C_C .IFS' I-L ----- - � R-4U RUT TN=C C-C T RUT R-15 TN-G �R1P____ RT$ R-$R-8 RUT R-8 R 4 TN-C E ® E H-E WJ1llR1 E 11 t fl" E RI RUT _� M-E RUT Page 3 Page 209 Item#11. III. APPLICANT INFORMATION A. Applicant: Same as Representative B. Owner: Michael Adler,Adler AB Owner XI, LLC— 10259 W. Emerald Street, Ste. 100,Boise,ID 83704 C. Representative: Kent Brown Planning—3161 E. Springwood Drive,Meridian, ID 83642 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 1/15/2021 2/19/2021 Radius notification mailed to properties within 500 feet 1/12/2021 2/16/2021 Site Posting 1/18/2021 2/23/2021 Nextdoor posting 1/12/2021 2/16/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.or /g compplan) The subject property lies within the Ten Mile Interchange Specific Area Plan(TMISAP) and contains two future land use designations that are approximately even in area across the site— Mixed Employment(+/-20.5 acres) and High-Density Residential(+/-23 acres). Mixed-Employment—The purpose of the Mixed Employment areas is to encourage a diversity of compatible land uses that may include a mixture of office,research and specialized employment areas, light industrial including manufacturing and assembly, and other miscellaneous uses. Mixed Employment areas should provide a variety of flexible sites for small,local or start-up businesses, as well as sites for large national or regional enterprises. High-Density Residential—High Density Residential areas are multiple-family housing areas where relatively larger and taller apartment buildings are the recommended building type. High Density Residential areas should include a mix of housing types that achieve an overall average density target of at least 16-25 dwelling units per gross acre.Most developments within the High Density Residential areas should fall within or below this range, although smaller areas of higher or lower density may be included As noted above the property was annexed and zoned prior to the adoption of the TMISAP. The current zoning allows the property to develop with the freight terminal and other industrial uses. Because much of the development has been approved at an administrative level based on the current zoning, adherence to specific elements of the plan are not feasible. However, the proposed 6-lot industrial subdivision and the existing approval of a large warehouse and delivery station operated by Amazon complies mostly with the Mixed-Employment future land use on this property. This land use and designation ofMixed-Employment also blend better with the adjacent uses and I-L zoning to its west and east. Directly to the west is a new Fed-Ex distribution center and to the east is the bus yard for West Ada and Republic Services'disposal site. Staff believes incorporating a high-density residential Page 4 Page 210 Item#11. project on this site with the surrounding development would not be in the best interest of the City. Furthermore,further to the west and along Ten Mile Road, the City has an approved mixed-use development that will incorporate the type of high-density residential envisioned within the HDR future land use designation and along the railroad corridor. B. Comprehensive Plan Policies(https://www.meridianciU.or /�compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices"(3.07.01A). The proposed site design is typical of an industrial area with large warehouse type structures, as is the case with this property. By extending the collector roadway system through the site from the west, the Applicant is creating an additional way for traffic to flow through these industrial parcels. Specifically, the Applicant is working on an agreement with both West Ada and Republic Services (located to the east) to allow them to use the new collector street to access the required signal at New Market and Franklin and close their existing private access to Franklin along the eastern property line. This is a great benefit for this area as it will combine access points into to minimize curb cuts and access points to Franklin. The Applicant is required to construct a landscape buffer along the entire frontage of Franklin which will help mitigate any noxious uses proposed within this I-L zoning district. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools,fire, and parks"(3.02.01 G).All public utilities are available for this project site due to the existing arterial network abutting the site to the south and the utility stubs provided by Fed-Ex to the west,per Public Works comments. This project also lies within the Fire Department response time goal. Ten Mile Road and Franklin Road are built at their ultimate width (5 lane arterial);subject property has excellent access to Interstate 84. ACHD has provided data on the nearby roads and traffic levels of service and provided their support for the proposed subdivision and use. Therefore, Staff finds that the existing and planned development of the immediate area create conditions for adequate levels of service to and for this proposed project. "Explore development and implementation of architectural and/or landscape standards for geographic areas of the City."(5.01.02F).As noted, the proposed project site lies within the TMISAP which has specific architectural requirements for new buildings. Again, because this application is not for annexation and zoning and the existing zoning controls,full compliance with all of the requirements in the Ten Mile Plan isn't feasible. However, in order to maintain some compliance with the Ten Mile Plan and ensure elevations along Franklin meet the intent of the plan, Staff is recommending that future buildings along Franklin (Lots 2-6) are held to the Commercial standards in the Architectural Standards Manual. "Plan for industrial areas with convenient access to state highways or the rail corridor,where appropriate."(3.06.02D). The proposed subdivision abuts the rail corridor and is within a half mile of Interstate 84. Future uses on this site will have adequate and convenient access to both facilities which make this industrial area a great location within the City. "Preserve the industrial base within designated industrial land use areas by discouraging non- industrial uses and focusing on light manufacturing, distribution, flex-space, and base- employment." (3.07.01D).As discussed, of the proposed 6-lot industrial subdivision, one of the lots has already been approved for a large warehouse/delivery station for Amazon. This approved use is in line with what is envisioned for industrial areas, especially those near the interstate and the rail corridor. Because other users are not yet known for the remaining building Page 5 Page 211 Item#11. lots, those uses will be evaluated with each future Certificate of Zoning Compliance and Staff will continue aiming to preserve this area for the envisioned industrial uses. Staff finds this development to be generally consistent with the Comprehensive Plan policies and objectives. Preliminary Plat Analysis C. Existing Structures/Site Improvements: The site currently houses a dilapidated home and some accessory buildings that were used as a small commercial business in years past. These structures are proposed to be removed upon approval of the preliminary plat. Other than the existing right-of-way improvements along Franklin Road,no other site improvements exist. The proposed plat surrounds an existing residence that is also zoned I-L but is not part of this plat. As part of this plat and roadway extensions,the Applicant is required to provide an access to this property(2340 W. Franklin Road.) from the collector street so that when this outparcel redevelops in the future,their access to Franklin can be closed. D. Proposed Use Analysis: The general proposed use is industrial but end-users are not yet known except for on Lot 1;this 30 acre lot will contain a large delivery station approximately 141,000 square feet in size. This delivery station will be operated by Amazon and was given Certificate of Zoning Compliance (CZC) and Administrative Design Review(DES) approval in Fall 2020. This use is a permitted use within the existing I-L zoning district. Because no uses are currently known for the remaining building lots, Staff cannot review those uses for compliance in the I-L zoning district. However, industrial buildings require CZC and Design Review approval so at that time Staff will evaluate uses for compliance with code on each building lot. E. Dimensional Standards(UDC 11-2): The industrial building lots appear to meet all UDC dimensional standards per the submitted plat. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards (UDC 11-6C-3). The proposed preliminary plat and submitted plans appear to meet the UDC requirements of this code section. F. Access(UDC 11-3A-3, 11-3H-4)&Private Streets (UDC 11-3F-4): Access is proposed via a new collector street extension from Franklin Road, shown as N.New Market Avenue.New Market is proposed to continue into the site and then head east and west as an extension of W. Fred Smith Street and act as a frontage road for this industrial area.As discussed throughout,the Applicant has received CZC and Design Review approval for a new 141,000 square foot E-commerce delivery station on Lot 1 of this proposed subdivision. That administrative application is for that use as well as the road improvements and subsequent Traffic Impact Study(TIS)that was required. Therefore,this plat does not include the TIS and ACHD referred to their previous approval on A-2020-0194 (DID3 Delivery Station)within their response to the subject plat application. However,because the road extension and overall circulation element of this area is so important, Staff has included the main points of the TIS and ACHD comments as well as analysis on existing access points. Other than the road extension and access points discussed within the TIS, the submitted plat and landscape plan show the existing accesses to Franklin to remain which does not align with code as they will have a lesser classified street(Fred Smith Street is a collector) to take access from. Therefore, these accesses should be closed with curb and gutter upon construction of the new Page 6 Page 212 Item#11. collector roadway.As noted, there is a lot that this preliminary plat surround and contains an existing home that is legal but nonconforming in the I-L zoning district; currently, this home also takes access from Franklin. Commensurate with Staffs previous comment, this access should be closed but because this parcel is not part of this application, Staff cannot require this access to be closed. However, this Applicant should provide a curb cut for this property along the extended W. Fred Smith Street so that when this "outparcel"does redevelop in the future, it will have access to the collector street instead of to Franklin, an arterial. The submitted plans do not show an access being provided to this parcel and this should be corrected prior to Final Plat submittal. Traffic Impact Study Analysis(accepted and analyzed by ACHD under the DID3(Amazon) administrative application): The proposed preliminary plat does not have any known users outside of the approved delivery station. This lone use triggered the requirement of a TIS because it was estimated to generate more than an additional 1,000 vehicle trips per day.DID3 proposed their use thru the CZC process because this property already has zoning and is a permitted use within the I-L zoning district.ACHD reviewed the submitted TIS and generally agreed with the finding and recommendations contained therein. The new collector street required to be constructed with the delivery station will have access to Franklin in two places in the future;the New Market Avenue connection discussed and one off-site and to the west, Wayfinder Avenue. This off-site connection is not yet constructed and the timetable for when it will be is currently unknown as adjacent projects(Fed-Ex and Gateway at 10 Mile) do not include the parcels directly abutting Franklin and therefore cannot construct that right-of-way at this time.Because of this, Fed-Ex was approved(at staff level due to existing zoning) with a temporary driveway access to Franklin—this Applicant and the TIS have indicated that the Amazon DID3 traffic will not be using this driveway for any access. Since Wayfinder will not be constructed, the traffic volumes for the collector street and New Market access to Franklin is an estimated 2,405 vehicle trips per day, according to the TIS. ACHD policy allows up to 3,000 trips per day on a collector street that is the sole access to a development therefore,future uses within this subdivision cannot increase the daily trip count by more than 595 combined. Future development should be monitored to ensure the overall trip count is not exceeded without constructing the additional access point and right-of-way to Franklin;this may limit future development until such time the second access is constructed In addition to the traffic volumes produced by the new delivery station, the Applicant's TIS also included the traffic from West Ada School District(WASD)bus yard and Republic Services'disposal station located directly west of the subject property. These volumes were included because the new east-west collector roadway should also serve these sites when constructed. Therefore, these sites would also utilize the new signal at the intersection of Franklin and New Market. The existing private road for WASD and Republic Services that is restricted to an exit-only access cannot be closed with this application because it is not apart of this property. In addition, the City cannot force WASD and Republic Services to use this new collector roadway once it is constructed because they already have their entitlements and zoning.However, this Applicant and representatives from both WASD and Republic Services are working out a binding agreement to close this exit-only private drive and utilize the new collector street and remove an existing arterial access point.Staff is appreciative of this work being done by the Applicant and outside agencies. To help ensure this access can occur for all parties involved,ACHD recommends constructing the segment of W. Fred Smith Street as a private street east of the intersection of New Market and Fred Smith instead of a public road. This recommendation is being made because this segment of the collector roadway is over 150'in length and would require to be terminated in a Page 7 Page 213 Item#11. temporary cul-de-sac at the eastern property line. This cul-de-sac would require a large area of buildable industrial land and still be providing an access to WASD and Republic Services. Staff agrees with ACHD's recommendation to construct this short segment of the collector roadway as a private street instead of a public road for the reasons stated and because this collector roadway is not expected to continue further east due to existing industrial development that may never redevelop.In addition to the private street, the Applicant, WASD, and Republic Services should enter into a cross-access agreement for this segment ofprivate street to ensure continued access to the collector roadway, W. Fred Smith Street. G. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC 11-3C-6B for industrial buildings based on gross floor area(1 space per 2,000 square feet of area). Compliance with this standard will be reviewed upon future proposed uses and CZC applications. The already approved delivery station is providing parking well in excess of code minimums. H. Sidewalks(UDC 11-3A-17): Detached sidewalks are proposed along the public collector street extension as part of the overall pedestrian circulation and landscape plan,in accord with the standards listed in UDC 11-3A-17. Dedicated multi-use pathways are not required or proposed in this industrial area but the addition of detached sidewalks would connect to new signals and existing pedestrian facilities which will help pedestrians and cyclists nearby get to these future uses and add an element of safety by being detached from the right-of-way. Staff supports the sidewalk and pedestrian circulation plan for this development. I. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to W. Franklin Road, an arterial roadway, landscaped per the standards listed in UDC 11-3B-7C. A 25-foot wide buffer is depicted on the landscape plans starting at the edge of right-of-way and includes the existing detached sidewalk along Franklin,meeting the UDC requirements. There is also a required 20-foot wide landscape buffer on both sides adjacent to W. Fred Smith Street,the proposed industrial collector roadway. The submitted landscape plan shows a compliant buffer on the south side but the plans to do not show the north side buffer because it is being constructed with the DID3 site improvements. Commercial and Industrial areas do not require the landscape buffers to be within common lots and instead can be within easements. The submitted plat does not appear to show the required easements for these buffers but does show the correct amount of landscaping per the UDC standards. Staff is recommending a condition of approval to show the required buffers within easements prior to Final Plat submittal—the plat should show the easements on both sides of the collector roadway regardless of when it is being constructed. Note: The Amazon (DID3)delivery station received design review exceptions for their south facing loading docks by incorporating additional architectural elements and landscaping above code requirements directly abutting W. Fred Smith Street. See Section VII.Cfor those approved landscape plans. J. Fencing(UDC 11-3A-6, 11-3A-7): No fencing appears to be proposed but any future fencing is required to comply with the standards listed in UDC 11-3A-7. K. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): No buildings are proposed with this preliminary plat application.As discussed above,Lot 1 has already received both CZC and Design Review approval for a large delivery station. Because this Page 8 Page 214 Item#11. previous approval exists and no new buildings are proposed with this application, Staff does not find it appropriate to discuss the approved elevations for the DID3 warehouse. Future industrial buildings require Design Review approval and as discussed in the Comprehensive Plan section above, Staff believes future buildings along Franklin Road should be held to the commercial architectural standards instead of the industrial to ensure adequate integration with Franklin Road and those residential and commercial zones on the south side of Franklin. VI. DECISION A. Staff: Staff recommends approval of the requested preliminary plat application per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on February 4,2021.At the public hearing,the Commission moved to recommend approval of the subject Preliminary request. 1. Summary of Commission public hearing_ a. In favor: Kent Brown,Applicant Representative b. In opposition:None C. Commenting: Kent Brown d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. None 3. Key issue(s)of discussion by Commission. a. Road layout&estimated vehicle trips per day as noted in the Traffic Impact Study. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None C. The Meridian Citv Council heard these items on March 9,2021. At the public hearing.the Council moved to approve the subject Preliminary Plat request. I. Summary of the City Council public hearing: a. In favor: Kent Brown,Applicant Representative b. In opposition: None c. Commenting: Kent Brown d. Written testimony:None e. Staff presenting application: Joseph Dodson,Associate Planner f Other Staff commenting on application: Bill Nary, City Attorney 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Appreciation for Applicant working with other agencies to consolidate access points: Clarification on what mechanism City has to enforce plat without a Development Agreement—Mr.Nary spoke on this and through the findings and then Final Plat.Pre- Plat conditions will be verified. 4. City Council change(s)to Commission recommendation: a. None Page 9 Page 215 Item#11. VII. EXHIBITS A. Preliminary Plat(dated: 11/13/2020) LMON Paao-7C&qLgr&W Af I I k I k I I IM I I} I� � F I � I I� LOT 1 a M-3t ACRES i i I I I �I f I 5 96_�9'14_E 22209' I 15 89'19'2S- E t I I �I I I I {I a I 22B' -'--—Y-- 6,--'�-F i2' I i zw.11' Ie I { NOT LOT c l a I- LOT 2 LOT 3 g LOT # 8 LOT 5 A I _ 6 I 1.9t ACRES �ri 1.9t ACRES Iki 1-9f ACRES I+s 1.9f ACRES I PART w I ' I i'k", 2-5f ACRES �I I .$, N 80'tw1z, w ow-ay W 991 2'W W a73-as' Page 10 Page 216 Item#11. N 444M PAEW C RAKM A0 �t 9 I x 5 }s5 �� _ x� 'S }y x4 `',� 1'=100' U-- ;i ' •ra•nim,a C+,lIOII OXMUR IBIM&= Y I II 4� I, r` 30_3f ACRES I IIII I � ---------- NOT �t w oflr�iRr STR££F fF I F'S LOT 2 LOT I d '`f LOT 5 LOT & I , I 1.9f ACRES I 1,9t AC 5 I 1. A � 1.9f A*s � j PART i n 2.5.L ACRES I }I - --r, r T_� x ' L , , II mI Page 11 Page 217 B. Landscape Plans(date: 10/16/2020) --------------------- CL LL fL Nz To at Z RL NI LLJ LLJ �---------- 9aoc |2 Item#11. I D r m O h 1d m 1I •m 7 ` •3 is s-: > a I i pz D ® aooCoOOao "00C-)C 0 o oFn q s " cs s f> R a gg i m o CHFWIF SUBDIVISION Li�l FHANKLIN ROAD MERIDIAN, IDAHO LANDSCAPE PLAN - AREA ONE PRELIMINARY PLAT SUBMITTAL Page 13 Page 219 Item#11. r " I — _ y N. D ` z f. i 1 I Cc: o z a R �.p z x . ccu'i ® 000QD O 0 t� 0 � a m � a � � , $ s � g 4 �� €• c gm m j m a 0. V I Dom° y § e 3 A m ms "z �kB �, g I CHEWIE SUBDIVISION FRANKLIN ROAD Y iv ns� MERIDIAN, IDAHO ' LANDSCAPE PLAN - ARE TWO = PRELIMINARY PLAT SUBMITTAL ...., _.,.- Page 14 Page 220 Item#11. ... _ -_----------- F .r: am d8 m r / m _ y A a I'1 f/I1 tRf C'l. Ii o d _.—_�__� NCFITFI LILAC AVENUE .._..._..._..._..._...0 v� —,17 ,a. _—_---_ .iy�•• iw 9Y - " 4 C"p Z q a `� ` % 5 m n ® O o O b 0 0 0 4 0 V)oc.J ?(J�, �m m . .� m z m z m 2 7- �� r g � �➢ � � � 9 E o s Vie€ � a� £� a �s � $��m `�. 0. D� D effi s Ti_ — CHEWIE SUBDIVISION 1 m S FRANKLIN ROAD w s _ MERIDIAN, IDAHO 3 ao LANDSCAPE PLAN — ARE THREE _ PRELIMINARY PLAT SUBMITTAL Page 15 Page 221 N&lTffLILAC AVENUE .... -—-—-—-—-—-- Z- c9 EXISTING WEST ADA SCHOOL DISTRICT ACCESS DRIVE IT c ED 0 0 -A cj) 6) 0 0 0 s 9 IT 2m Fn 71 0 q 1 IT Fn 7 a "N z N CHEWIE SUBDIVISION FRANKLIN ROAD MERIDIAN, IDAHO LANDSCAPE PLAN - ARE FOUR PRELIMINARY PLAT SUBMITTAL Page 16 n" NNNM 14140 v4 4 im m ,T 'I z 4 T'N z L 33 ZIZI c m co r- m go 0 z ull 1-6�R Pq om P, W m 0 ��v CZ llq Ig I G) o gj 0'.sl q z CHEWIE SUBDIVISION FRANKLIN ROAD MERIDIAN, IDAHO LANDSCAPE DETAILS U75- i -1- ;'."' = PRELIMINARY PLAT SUBMITTAL Page 17 Item#11. C. DID3 (Amazon)Delivery Station Approved Landscape Plans LANDSCAPE LANDSCAPE LEGEND RECUREMENTS Y"•II" Plfifl1911tt PEAIEl9t LY�9G/E -__ ,. -------- --- I _ �n 111i1x,nll..l... I -- -- I , � 111111111111 1�11111111.-1 1�11111111111 1�� I �3 - -- Kil [ [ 1 I I , it I 1 . b TOVERALL LANDSCAPE PLAhI .w.. 41 Page 18 Page 224 Item#11. 1 1cm ---- I ; 1 em _J 1 A a I u 1 l O ¢ > 4¢ ¢4 O e a Q e O ¢ } O Oe ap ¢pe { LANDSCAPE PLAN-AREA FIVE VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The preliminary plat included in Section VII.A,dated November 13,2020, shall be revised as follows prior to Final Plat submittal: a. Close the existing access points to Franklin Road shown on Lots 3 &4,per UDC 11- 3A-3. b. Provide and visually show an access to the Morrow property(Parcel#S1211438440) from the new collector street,W. Fred Smith Street. c. Revise the plat to show the collector street(W. Fred Smith Street) segment east of N. New Market Avenue as a private street commensurate with ACHD recommendations. d. Depict the required landscape buffer easements on the plat where applicable (adjacent to Franklin Road,New Market Avenue, and W. Fred Smith Street). Page 19 Page 225 Item#11. e. Revise the plat to show the required lot AND block for the proposed subdivision— submitted plat does not list any block numbers. 2. The landscape plan included in Section VII.B, dated October 16,2020, shall be revised as follows prior to submittal of the Final Plat application: a. Show the required 20-foot landscape buffer on the north side of the collector street (W. Fred Smith Street)regardless of if it will be constructed with a different application. 3. Future buildings along Franklin Road shall meet the Commercial standards outlined in the City of Meridian Architectural Standards Manual(ASM). 4. With Final Plat submittal,the Applicant shall provide the recorded cross-access and maintenance agreement with West Ada School District(WASD) and Republic Services to allow these agencies to utilize the private road segment of W. Fred Smith Street. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2C-3. 6. Future development shall be consistent with the standards listed in UDC 11-2C for the I-L zoning district. 7. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6B for industrial uses based on the gross floor area of buildings. 8. The Applicant shall comply with all ACHD conditions of approval. 9. The Applicant shall obtain Administrative Design Review and Certificate of Zoning Compliance approval for all future structures within the subdivision,where applicable,prior to applying for building permits on each site. 10. Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A- 12. 11. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 12. Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 13. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC I I-6B-7. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 The angle of the sanitary sewer pipe into and out of manhole SSMH-Al needs to be 90- degrees minimum. 1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6 of the City's Design Standards. Streetlights shall be installed and operational prior to any new occupancy. 1.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). By entering into a development agreement with the City of Page 20 Page 226 Item#11. Meridian,the applicant agrees to use the City of Meridians recycled water supply as the source of irrigation water.Further,the applicant agrees to provide for secondary backup water to provide service when recycled water is not available. 1.4 Once development plans have been submitted to the city for review,the city will model the recycled water system and make a final determination regarding our ability to supply reclaimed water to the development. If the city can serve the development with recycled water then recycled water must be utilized as the irrigation source of water, and a secondary or backup source must also be provided. If the city can't serve the development then the primary source of irrigation water should come from surface water irrigation sources if available. 1.5 The applicant shall be responsible to construct the recycled irrigation system in accordance with Department of Environmental Quality(DEQ)recycled water rules and regulations, and Division 1200 of the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. 1.6 These requirements do not wave the applicants responsibilities or obligations to irrigation districts. 1.7 Applicant shall enter into a Shared User Agreement for use of the recycled water system. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. Page 21 Page 227 Item#11. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B.Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Page 22 Page 228 Item#11. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=219142&dbid=0&r0o=MeridianC iv D. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https:11web1ink.meridianciU.org/WebLink/Doc View.aspx?id=219003&dbid=0&r0o=MeridianC iv E. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=219528&dbid=0&r0o=MeridianC ity F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=219010&dbid=0&r0o=MeridianC iv G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=220316&dbid=0&r0o=MeridianC hty H. ITD MEMO https://weblink.meridiancitr.org/WebLink/DocView.aspx?id=218494&dbid=0&repo=MeridianC Page 23 Page 229 Item#11. IX. FINDINGS A. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat, with Staffs recommendations, generally complies with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Reportfor more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VIII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, Council is not aware of any health, safety, or environmental problems associated with the platting of this property.ACHD considers road safety issues in their analysis and has issued a staff report outlining their conditions of approval. 6. The development preserves significant natural,scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 24 Page 230 Item#12. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Baron Ten Mile, LLC (Owner/Developer) for Mile High Pines Subdivision (H-2020-0099), Located in the Southwest Corner of N. Ten Mile Rd. and W. Pine Ave. Page 231 CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: | City ofMeridian 2 Baron Ten Mile LI-[, Owner/Developer THIS DEVELOPMENT /\GK£BNENT (this AgreencmU_ is made and entered into this_23ocL day o[ ` 2021, by and between City of Mcridian, o municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue. Meridian. Idaho 8]642and Baron l[cn Mile |LLC, aColorado |ioniicd liability unnnpauy, v/hoac address is |40| |7,»Street, Ste.700, Deriver.C()80202`hereinafter called()VVN[K/DEY[i()P[K. \ RECITALS: /.| WHEREAS, 0v/oer is the smic owner, in law and/or equity, of that certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A". vvbicb is attached hereto and by this reference incorporated herein as i[yct forth in full, herein after referred toaathe Property; and |.Z WHEREAS, Idaho Code 667-65| |/\provides that cities may,bYordinance. require or permit as a condition of zoning that the Owner/Developer make a written connnui{nneut concerning the use or development of the subject � | Property. and � | 13 WHEREAS, City has exercised its statutory authority by the enucirncn1 of Section 11-58-3 of the Unified Development Code ("^[JDC-), which authorizes development agreements upon the annexation and/or re-zoning of land, and � � 1.4 WHEREAS,Owner/Developer has submitted an application fhcuanncaptinn � of 17.46 acres of land with a request for [,-C (CoMoounhw Businesn)(6.02 acres)and K-|5 (Mcdiuno High Kcyidcn1ia|Kl |.44 acres)Zonino Districts on the property listed in Exhibit -/\-, attached hereto. under the Unified � DeYc|upnucn| Code, vvh\oh generally describes how the Property will he developed and v/hmiiznpn`vemocntuwill bc made; and 1.5 WHEREAS. Owner/Developer rnade representations at the public hearings ! before Plonnln2 and Zoning Commission and the Meridian City Council,nsbo how the property will be developed and what improvements will be rnade;and Item#12. 1.6 WHEREAS, the record of the proceedings for the rezone, short plat, conditional use permit,and development agreement modification held before Planning and Zoning Commission and the City Council,includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS,on the 23rd"day of February,2021,the Meridian City Council approved certain Revised Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS,City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT—MILE HIGH PINES(H-2020-0099) PAGE 2 OF 8 Page 233 Item#12. 3.2 OWNER/DEVELOPER: means and refers to Baron Ten Mile LLC,whose address is 1401 171h Street, Ste. 700, Denver, CO 80202, hereinafter called OWNER/DEVELOPER,the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian and described in Exhibit"A",attached hereto and by this reference incorporated herein as if set forth at length,which land is subject to this Development Agreement. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the approved plat, site plan, landscape plan, open space exhibit,and conceptual building elevations for included in Section VII and the provisions contained in the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as exhibit"B". b. The 10-foot multi-use pathway along the south boundary shall be constructed with Phase 1 of the development. c. The existing accesses onto N.Ten Mile Road shall be closed upon development of the subject site except for the access located approximately 580 feet south of the Pine/Ten Mile intersection—this southern access is the only approved access to N. Ten Mile Road. d. With the first phase of development, the applicant shall construct a dedicated southbound right-turn lane for one approved access to N. Ten Mile, as outlined by ACHD and the Traffic Impact Study; dedicate additional right-of-way for this requirement as needed. e. All pedestrian crossings within the site shall be constructed as raised crossings; crossings and the main pedestrian paths shall be constructed with brick pavers, stamped concrete, or equal. f. With the first phase of development,the applicant shall construct and/or dedicate the required right-of-way for the extension of Pine Avenue and the Pine/Ten Mile intersection in accord with ACHD requirements and in line with the Dedication and DEVELOPMENT AGREEMENT—MILE HIGH PINES(H-2020-0099) PAGE 3 OF 8 Page 234 Item#12. Development Agreement"as seen in Exhibit VIII.L ofthe Staff Report that is attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"B". g. The required landscape street buffers shall be constructed and vegetated along the entire perimeter (along N. Ten Mile and Pine Avenue) with the first phase of development. h. An entry feature is allowed and desired to create a sense of place for the development but no gates are allowed except for the emergency only access along the western boundary, labeled as N. Side Creek Lane on the submitted plans. i. Future Commercial elevations shall be generally consistent with the submitted concept elevations in size, form, scale, and roof lines; at a minimum, future commercial buildings on this site shall have at least one(1)field material and color that matches the residential portion of the site. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. 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 and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty(180)days;provided,however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice 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 67-651 1. 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 may be sought by an appropriate action at law or in equity to DEVELOPMENT AGREEMENT—MILE-HIGH PINES(H-2020-0099) PAGE 4 OF 8 Page 235 Item#12. 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 by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 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/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. H. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 1 I above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3)days after deposit in the United DEVELOPMENT AGREEMENT—MILE HIGH PINES(H-2020-0099) PAGE 5 OF 8 Page 236 Item#12. States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: with copy to: Baron Ten Mile LLC Deborah Nelson 1401 17t" Street, Ste. 700 Givens Pursley Denver, CO 80202 601 W. Bannock Street Boise, ID 83702 deng ivenspursley.com 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner/Developer has fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. DEVELOPMENT AGREEMENT—MILE HIG}i PINES(H-2020-0099) PAGE 6 OF 8 Page 237 Item#12. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning 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. 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT—MILE HIGII PINES(H-2020-0099) PAGE 7 OF 8 Page 238 Item#12. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Baron Ten Mile LLC By: Ma S Its: MA-o'as e.,• CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 3-23-2021 Chris Johnson, City Clerk 3-23-2021 STATE OF COLOrpdD ) : ss: County of bLyI,d -�'e ) ?,02-( On this 1 fp day of Aamt '' l 1026,before me,the undersigned,a Notary Public in and for said State, personally appeared R-*AqS known or identified tome to be the VtataAer of Baron Ten Mile LLC,and the person who signed abo a d acknowledged to me that he executed the same o ehalf of said limited liability company. 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) MELISSA JOY NOTARY PUBLIC Notary Public for 6-04 STATE OF COL ORADO #dO NOTARY ID 20194031189 Residing at: 140 t t-rWL $t Ae',% r CO V0--4j MY COMMISSION EXPIRES ALIRMT 15.2023 ' My Commission Expires: Aug 14ICT ' aaZL 3 STATE OF IDAHO ) ss County of Ada ) On this 23rd day of March 2021 before me,a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,ofthe City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT—MILE HIGH PINES(H-2020-0099) PAGE 8 OF 8 Page 239 ltem#92. EXHIBIT A A. Annexation and Zoning Legal Descriptions and Exhibit Maps f Revised Legal Description Modern Craftsman at Ten Mile Subdivision-Annexation An annexation parcel located in the NE'/.ofthe SE'/4 of Section 10,Township 3 North,Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho, and more particularly described as follows: BEGINNING at a Brass Cap monument marking the northeast corner of said NE%of the SE A, from which a Brass Cap monument marking the southeast corner of the SE'/4 of said Section 10 bears S 0`51'58"W a distance of 2646.23 feet; Thence along the easterly boundary of said SE %4 S 0°51'58"W a distance of 899.42 feet to a point on the northerly right-of-way of the Oregon Short Line Railroad: Thence N 8W29'39"W along said northerly right-of-way a distance of 528.42 feet to a 518 inch diameter rebar; Thence N 42°27'06"W a distance of 659.08 feet to a 518 inch diameter rebar; Thence N 6°32'24" E a distance of 415.20 feet to a 516 inch diameter rebar on the northerly boundary of said NE'/a of the SE%; Thence S 89'11'05"E along said northerly boundary a distance of 939.50 feet to the POINT OF BEGINNING. This parcel contains 17.46 acres and is subject to any easements existing or in use. at,a«roa Clinton W.Hansen, PLS r 196? Land Solutions,PC October 2,2020 Q 11118 tiTo� w.H � Pine Avg and Ten Mile Rd Property !1£ t lIflfJ775 Jot;No 19-19 �,Y.- W.a sinq',�ans cunauthp Mile High Pines - H-2020-0099 Page 240 Item#12. ANNEXATION EXHIBIT MODERN CRAFTSMAN AT TEN MILE SUBDIVISION LOCATED IN THE NE 1/4 OF THE SE 1/4 OF SECTION 10,"f,W,R.1 W., B,M, CITY OF MERIDIAN,ADA COUNTY, IDAHO S39.11'05-E 1/4 W. PINE ST. 939.50' a — POINT OF BEGINNING N N 3 Z TOTAL ANNEXATION AREA 17.46 ACRES -f/— ', tV 1-6 `S a0 M N v V U o 1a�3 2) � m sir N d I i I ,48829'39"P! 528.42' OREGON SHORT LINE RR Gk 7�R W. FRAWLIN RD. q 15 1. 1210 LArn'id) oblutions Q` $p 16p' 32O' {�TOA!OF O' Land Surveying and Consulting ?j7"c STti SIT.STE A �'2"u'12k8.2394 (�3!253-:SS.•:mc Page 241 EXHIBIT B Item#12. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW ER IDIAI :'�' AND DECISION& ORDER In the Matter of the Request for Annexation and Zoning of 17.46 acres of land with a request for the C-C and R-15 zoning districts; Preliminary Plat consisting of 5 building lots and 1 common lot on 15.95 acres of land in the proposed zoning districts; and Conditional Use Permit for 135 residential units on 11.44 acres in the proposed R-15 zoning district,by Baron Black Cat,LLC. Case No(s). H-2020-0099 For the City Council Hearing Date of: February 9,2021 (Findings on February 23,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 9,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 9, 2021,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of February 9, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 9, 2021,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof.The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PROJECT NAME—FILE#) - I - Page 242 Item#12. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 9,2021,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § i 1-SA and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation and Zoning,Preliminary Plat,and Conditional Use Permit are hereby approved per the conditions of approval in the Staff Report for the hearing date of February 9,2021,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period. Additional time extensions up to two(2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PROJECT NAME—FILE#) -2- Page 243 Item#12. determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved,said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of February 9,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PROJECT NAME—FILE#) -3- Page 244 Item#8. By action of the City Council at its regular meeting held on the 23rd day of February 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 2-23-2021 Attest: Chris Johnson 2-23-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-23-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PROJECT NAME—FILE#) -4- Page 122 Item#12. Exhibit A STAFF REPORT (::>WEI II3IAIT:--- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 2/9/2021 Legend DATE: k " :El Project Location fir{ • TO: Mayor&City Council _ FROM: Joe Dodson,Associate Planner __ 208-884-5513 t_ SUBJECT. H-2020-0099 Mile High Pines LOCATION: The site is located in the southwest . corner of N. Ten Mile Rd. and W. Pine T. Ave.,in the NE '/4 of the SE '/a of Section " -- iK 10,Township 3N., Range I W. L_---- -- I. PROJECT DESCRIPTION ■ Annexation of 17.46 acres of land with a request for C-C (6:94 6.02 acres) and R-15 (11.442 acres) zoning districts; • Preliminary Plat consisting of35 building lots and I common lot on 15.95 acres of land in the proposed C-C and R-15 zoning districts; • Conditional Use Permit for a multi-family development consisting of a total of 135 residential units on 11-42 acres in the proposed R-15 zoning district,by Baron Black Cat, LLC. Note. The Applicant is also applying for private streets and administrative design review. These applications are reviewed and approved by the Director; Commission action is not required. Analysis of the building and private street design are provided below in section V H. SUMMARY OF REPORT A. Project Summary Description Details Pa re Acreage 17.46(R-15— 11,42 acres;C-C—6.04 acres) Future Land Use Designation Mixed Use Community Existing Land Use(s) County residential and farm land Proposed Land Use(s) Multi-Family Residential and Commercial Lots(#and type;hldg.lcommon) 4 total lots— I multi-family residential;2 commercial;and I common lot. Page 1 Page 246 Item#12. Description Details I'ag,e Phasing Plan(#of phases) Proposed as one phasc Number of Residential Units(type 135 for rent units(detached single-family style cottages, of units) townhome style units,and vertically integrated development with all units on a single lot). Density(gross&net) Gross- 8.2 dulac.: Net- 10.58 dulac. Open Space{acres,total 3.62 acres of qualified open space overall (approximately [%]Ibufferlqualified) 22%)-2.47 acres for I 1-3G requirements(approximately 15%), 1.15 acres(49,929 square feet)proposed for 1 1-4-3- 27(Multi-Family)standards. 1.22 acres of private open space is proposed(.53,028 square feet;approximately 393 square feet per unit)to meet specific use standards. Amenities 8 qua]ifving amenities- 10' multi-use pathway,pool, clubhouse,picnic areas,tot-lot,fitness facilities,enclosed bike storage,and a pedestrianlbicycle circulation system. Physical Feattres(waterways, ]VIA hazards,flood plain,hillside) Neighborhood meeting date;#of September 16.2020-2 attendees; attendees: History(previous approvals) NIA B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHE Commission No Action(yes/no) Access(AtteriailCollectors/State Access is proposed via one private street connection each to Hwy/Local)(Existing and W. Pine Avenue(future collector)and N.Ten Mile Road Proposed) (arterial). Pine will be extended by this Applicant and the adjacent Applicant on the north side of Pine from the intersection of Pine&Ten Mite west to the Tenmile Creek. Traffic Level of Service Ten Mile [toad-Better than"E"(1.474/1.540 VPH) Pine Avenue(existing section only)-Better than"D" (182/425 VPH) Stub Street.1nterconncctivitylCross Applicant is proposing private streets throughout the Access development with one stub street connection proposed to the west property lint in the northwest corner of the site to offer a frontage road from the proposed development to the west to the commercial on this site.No other vehicle connections are proposed as the subject site other than an emergency only access near the southwest edge of the site. Existing Road Network No(Ten Mile Road abutting the site is only existing road) Existing Arterial Sidewalks There is no existing buffer to Ten Mile Road(the abutting Buffers arterial street)but there is existing attached sidewalk along the property's entire frontage on Ten Mile Road.The required landscape buffer will be installed with this project. Proposed Road Improvements The Applicant,in conjunction with the Applicant of the property to the north, is proposing to extend Pine Avenue west from the intersection of Pine:and Ten Mile to the Ten Mile Creek.This Applicant is only responsible for the Page 2 Page 247 Item#12. Description Details Page construction of Pinc that this property abuts(approxi Male IV 885 feet). Distance to nearest City Park(* 0.9 miles to Fuller Park(21.9 acres in size)by car; size) approximately 0.5 miles to Fuller Park via existing and fanned pathway and sidewalk connections. Fire Service • Distance to Fire Station 1.2 miles from Fire Station 92 ■ Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fin Station#2 reliability is 86%. ■ Risk Identification Risk Factor 2—residential with hazards(multi-family anti railroad tracks) ■ Accessibility Proposed project meets all required access,road widths,and turnarounds; Fire has signed off on Private Street layout. Addressing for project is very important for emergency responses;Applicant shall work with City Addressing Agent and the Fire Official to have lighted maps wherever necessary. Police Service ■ Distance to Station Approximately 4 miles from Meridian Police Department • Response Time Approximately 4-minute response time to an emergency, • Call Data Between 1 U]/2019- 10/31/2020,the Meridian Police Department responded to 1.244 calls for service within a mile of the proposed development.The crime count on the calls for service was 112. See attached documents.for details. Between 1 1/112019- 10/31/2020,the Meridian Police Department responded to 32 crashes within a mile of the proposed development. See attached documents for details. • Additional Concerns None West Ada School District • Distance(elem,ms,hs) No comments have been received from West Ada School District • Capacity of Schools • #of Students Enrolled Wastewater ■ Distance to Sewer Services NA • Sewer Shed South Black Cat Trunkshed Estirnatcd Prnicct Sewer Sec application ERU's . WRRF Declining Balance 14.05 • Project Consistent with WW Yes Master Plan/Facility Plan ■ Impacts/Concerns • Additional 1,332 gpd of flow is committed • Provide to-and-through to 3515 W. Pine Ave and 3513 W Pinc Ave. • Light poles cannot be located inside utility casement. • In multiple areas it looks like the sewer and storm drain lines are too close together. Please provide 4 ft separation between center of storm drain and scwcr.This enables re airlre lacemcnt of manholes and sewer lines in the future. Page 3 Page 248 Item#12. Descri tion Details page Water . Distance to Services 0' . Pressure Zone 2 * Estimated Project Water See application ERU's ■ Water Quality Concerns None ■ Project Consistent with Water Yes Master Plan ■ Impacts/Concerns •See the attached water markup for more dctail •The water main in Pine Ave needs to he extended cast and tied into the existing 12"near Ten Mile.Also,the water main in Pine Ave needs to be extended west to the west property boundary.This will fulfill the to-and-through requirement. •The water main in W. Little Lang:needs to be extended to the west property line. ■ Install water main in N. Side Creek Lane and stub at the property line to provide a Future connection to the west parcel. • End the water main in N. Rangeview Lane tat the southeast corner of development)in a fire hydrant •There is an existing water main stub off of Ten Mile at the southeast corner of the development that either needs to be used or abandoned COMPASS—Communities in Motion 2040 2.0 Review Housing wlin l mile 3.710 Jobs w/in I mile 1,350 • Ratio 0.4(ratio between 1-1.5 is considered healthy ratio)indicates an employment need. Nearest Bus Stop 0.8 miles Nearest Public School 0.6 miles Nearest Public Park 0.8 miles Nearest Grocery Store 0.5 miles Recommendations See agency comment section for link to Full file. Section VIII.F Page 4 Page 249 Item#12. C. Project Area Maps Future Land Use Map .Aerial Map Legend 0 Legend Project Location Office Project Location C _ Medium Density r r {= Residentiall MU-C J!W; Med-HighDensity High A. Residential Commercial DensityOki �u Residential ram° Zoning Map .Planned De►•elnpment Map Legend C-G L• (1 Legend C-N L-v ■ Project Location � Project Location R-4 R-$ y j City Limits Planned Parcels T. R-15 L-D R-8 T�IIir' .•, R-$ � RUT i. :T R R-i5 -$ C-C R 15 x�f_..._L �k R1 C-C ! R-T5 RUT R-15 C•N 14 ! f RUT L-o C-C r' R-8 R-40 RUT C=G TN-C R=40 C-C - � III. APPLICANT INFORMATION A. Applicant: Same as Representative B. Owner: Baran Ten Mile LLC— 1401 1 Th Street, Ste. 700, Denver,CO 80202 C. Representative: Kent Brown Planning—3161 E. Springwood Drive,Meridian,I❑ 83642 Page 5 Page 250 Item#12. IV. NOTICING Planning& Zoning City Council J Posting Date Posting Date Newspaper Notification I 1/27/2020 1/22/2021 Radius notification mailed to properties within 500 feet 1 1/23/2020 1/20/2021 Site Posting 12/7/2020 1/18/2021 Nextdoor posting 11/23/2020 1/19/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(htt s:Ilwvf w.rner-idiancitt,.or ICorrl late) Mixed.Use Community—The purpose of this designation is to allocate areas where conununity- serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,including residential,and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas have a tendency to be Iarger than in Mixed Use Neighborhood (MU-N) areas,but not as large as in Mixed Use Regional (MU- R) areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. The subject site has existing City of Meridian zoning and development to the east and north oj'the property. Its directly borders to its north and east are or will be streets and the southern boundat),abuts the railroad easement for the historic Oregon Short Line RR. Directls,to the west of this project is another project that is currently under review by CiA,slq)7.',Icross Tern Mile Road is existing commercial zoning and rises as well as a Church use;.south of the railroad tracks is a 15-acre se f-storage facility. The proposed land use of multi Ji roily residential(in the,form oj'detached cottages, townhomes, and vertically integrated)and commercial are consistent with the land use ltpes noted in the Future Land Use Map (FL UM)designation definitions and preferred uses. The proposed product type is by definition multi fannifv(more than 2 omits on a single building lot) but the Applicant has designed the units to erntrlate.siragle-jarmily attached and detached structures that share pedestrian pathways and open space rather than public streets (this is the sister-project to the Modern Craftsman at Black Cat development). The proposed an it types also provide more private open space than traditional multi family development,furthering its feel of'single family residential- In addition, certain densities are required to be inet,for residential projects within the MU-Cfuture land use designation. The proposed project as shown is approximately 8 dulac, meeting the 6-15 dtrlac requirement(see communitt,metrics above). Therefore, Stajf;finrds the density proposed with the annexation and plat is consistent with the Future Land Use Map designation oj'Mixed--Use Communitt,(MU-Q. Mixed-use designations also require at least three(3) ttpes of land uses. When analvzing projects within the MU-Cjitture land use designation, the approved andlor developed land uses nearby must he considered. Therefore, Staff has taken into account adjacent land uses that can be traveled between with relative ease. The closest development to this propery is a commercial development containing a gas station, a bank, and other office uses. East of this commercial node are detached single family horses and north of it are some attached single-fanaily homes. 411 of these uses and developments are also part oj'the MU--C designation abutting and encompassing this site which add to the diversity of uses available within this designated mixed-use area. Page 6 Page 251 Item#12. The su6_ject development ojfers 6 acres of'comntercial zoning according to the proposed rezone exhibit. However, the proposed C Cyoning does not truly reflect the commercial area as it does not reflect the plat boundary. Staffeannot support dual zo►ting on a property and so the Applicant should revise the rezone exhibit andlor plat boundary to have only the R-15 zoning district on the area of'the site containing residential and remove commercial.Toning that goes beyond the proposed commercial lots. With revisions requested by Sta}'within this report, the Applicant will have to make adjustments to the rezone boundan,as well; all of'these changes should occur prior to the City Council hearing to ensure transparency on the true amount of commercial zoning being proposed. Regardless of the zoning issues discussed, the proposed commercial areas should accommodate multiple future uses, including the two Vertically Integrated Residential buildings that contain additional leasable commercial area. The commercial acreage of this property,is proposed as two commercial lots;one in the ve►y northeast corner of the site containing one building and one more lot that contains the remaining area and buildings, as seen on the submitted prelimina►v plat. The submitted plat shows two gf'the three commercial buildings as containing drive-thrus which Staff'does not support. Stajf'strppo►•ts the use o}'a singular drive-thru establishment located at the hard corner of the commercial. Despite this opinion, Staff is not willing to specif ealli,limit the number of drive-thru establishments with this application because each drive-thrat will require a conditional use permit to implement this use. Therefore, Staff is gfthe opinion that through our existing process is the hest route to determine whether ante drive-th►u is warranted on this site. Staft'notes that the Applicant has taken experiences from the process of obtaining approval of their project that is of the same type of design here in Meridian bt,incorporating pedestrian connections between shared open spaces and outdoor plazas between the residential and commercial portions oj'the site. The incorporation of'these elements provide a clear answer to a mixed-use goal: ".Mixed use areas should be centered around spaces that are well-designed public and quasi-public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety o f interests ranging from leisure to plr{f7. These areas should be thoughff dlv integrated into the development and f urther place-making opportunities considered."Stafffinds that with the pedestrian connections and easy access to integrated plazas, the Applicant is meeting this goal. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651 1 A. In order to ensure the site develops as proposed with this application. Staff recommends a DA as a provision ofannexation with the provisions included in Section VIA 1. The DA is required to be signed by the property owner(s)ldeveloper and returned to the City,-within 6 months of the Council granting the annexation_for approval by City Council and subsequent recordation. A,final plat will not be accepted until the DA is e_recuted and the AZ ordinance is approved Ilv City Council. B. Comprehensive Plan Policies [https:11www.►neridiancitv.orglcompplan}; The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01G).Mile High Pines (the sister project to Modern Craftsman at Black Cott) is offering a unique type of'development within the City of Meridian by proposing si►tgle-farnily attached and detached homes within a►nulti family setting. A vast majority of'the housing that exists around this development are traditional detached single family homes. The Applicant hopes to add an additional housing type in this area that will delineate a unique living opportunity in the City and add to the housing diversity available. Page 7 Page 252 Item#12. "Require all new development to create a site design compatible with surrounding uses through buffering, screening, transitional densities, and other best site design practices"(3.07.01 A). The proposed site design incorporates mews,private streets, common open space, and dr/,jerent housing designs within the same parcel. The area directly adjacent to subject site is undeveloped land but is requesting approval for a mix of housing types to include traditional tnulti family and detached single-family at a lower densio,than this project. Despite being in a rrlixed--wise designation, the Applicant has chosen to propose a development that is tirade tip of mostly single- story structures instead of 3 or 4 story apartments. The Applicant did this in order to be more compatible with other nearbv residential development and create a sense of place by not having ►multi-story buildings throughout the site. In regards to site design, the Applicant is proposing two-story townhontes along the southwestern boundar-v and on part of the eastern boundary along Ten Mile with the rest of the.site being a major i.y of single-stor-��structures. The only other two-story structures proposed are those vertically integrated structures located closer to the proposed commercial zone. Mth the majority of the hvo-stop,structures and the commercial being along the periphery of the development, the single-story structures and largest open space areas will be buffered bi,these structures and landscape buffers. In addition, the townhornes along the western bounrlao,will abut a cul-de-sac and only a few of the larger lots proposed with the adjacent subdivision to the west. These aspects of the site design and buffering are notwithstanding the pedestrian and bicVc'le pathways that line the entire edge oj'ihe proposed project, offering additional recreation opportunities and more bu&ringji•orn adjacent subdivisions and the adjacent roadways. The Applicant is ondv proposing one access to Ten Mile Road that will be a restricted, right- inlr•ight-out only access forsafety reasons. The only other direct access proposed is to the proposed extension of Pine Avenue near the northeast corner-of the site-this access has been approved by ACHD as a full access because it aligns with an access proposed by the application to the west and north crf'this project. Reducing access points to arterial streets is a major goal within the City,'s Comprehensive Plan and helps f rnnel tr•g ffic in appropriate manners. Staff believes placing the commercial along Tern Mile offers an appropriate buffer between the busy arterial roadwa y and the.single-story structures that make up the center of the development. Hon�ever, Stafj'does not agree that placing tow nhomes along Ten Mile is the best site design practice. Instead,placing the vertically integrated.structures along Ten Mile, in place of the two toiti rrharne units, may of a better transition. The Applicant could then r•e-orient the townhomes along Pine rather than the single-family style cottages as currently proposer, offering a better buffer and transition from Pine Avenue and future development to the north. The townhomes slang Pine'would front oil the large green space proposed here and have the garages jacing towards the inside of the site, eliminating the need jor parking stalls on side of the northern mast east-west street and helping to alleviate some of the utility issues presented h-v Public Works and discussed in more depth below. "Establish and maintain levels of service for public facilities and services, including water,sewer, police,transportation, schools, fire, and parks"(3.02.01G),All public utilities are available jor this project site due to the existing arterial network abutting the site to the east,per Public Works comments. This project also lies within the Fire Department response time goal. Ten Mile Load is currently built at its final width abutting the site(5 lane arterial) and is within one(1) mile of Interstate 84. West Ada School District has not oftred comments on this project at the tune of writing; the school districts standard ratio ofpotential school aged children would estimate 95 additional school aged children in this development. Chaparral Elementary is the closest school to the subject site and is within walking distance. Staff understands that school enrollment is a major - - Page 8 - Page 253 Item#12. issue to he dealt with but some reliej'appears to he on the horizon ivith new schools opening lip soon. Staff finds that the existing and planned development of the inimediale area create conditians jirr adequate levels afservice to and for this proposed project. "Preserve,protect, and provide open space for recreation, conservation,and aesthetics" (4.05.01F). The proposed project offers open space that exceeds the minimum requirements in the unified development code(UDC]. The Applicant has placed a large area of open space in the center of the development that all units have almost equal access to which improves the overall project.Adjacent to this central open space is the proposed c•hebhouse and pool and to the east of the Residential part of the project are two plazas with outdoor seating that is shared between the residential and commercial areas of the site. In addition, the applicant is proposing to construct a segment of required multi-arse pathwa)'along the south bounda►7 and them tying that into their own pathwav system as a continuous loop around the project—these pathways are proposed with multiple connections to sidewalks along streets and those interior to the site offering additional usable open.space and areas for recreation. See f rrther analt•sis in Section ! .E and V L. "Explore development and implementation of architectural and/or landscape standards for geographic areas of the City."(5.01.02F). The proposed project site is not within a specific area plan.for the City but because it is a multi-family product, it is.subject to design review. The Applicant has submitted a concurrent administrative design review application for the residential structures that accompanies Staff s review of the conceptual elevations. The architecture proposed throughout the residential portion of the project offet;s modern design elements that include sired roc#'cornbinations and are combined with stucco and stone sidings,finished wood as a siding and accent material, and metal as an accent material. Stajf'not only finds the submitted elevations to he in compliance with the Architectural Standards Manual but also finds this hpe of architecture as unique and a welcome addition to the neighborhood. "Establish distinct,engaging identities within commercial and mixed-use centers through design standards."(2.09.03A).As discussed above, the proposed product t1}pe and architecture would make Mile High Pines a distinct area within this part of the City. The Applicant has worked with Stuff to offer a site design that provides some integration between the commercial and residential product types. In addition, there is a similar look and feel in the development created largely bt+ the inchision of pedestrian facilities throughout the site and large amounts of private open space provided for multi-family development. The Applicant, as noted above, is incorporating two shared plazas in the development that Staff anticipates will be widety used and helps engage both the,f irttere residents and commercial patrons. Therefore, when considering the.surrounding area of'developnaertt. Staff inds that the proposed development meets a majority of the mixed-use policies and objectives. Staff finds this development to be generally consistent with the Comprehensive Plan and a majority of the mixed use policies. C. Existing Structures/Site Improvements: The site currently houses two single-family homes and associated accessory buildings. All existing structures will be removed upon development of this site.The Applicant will be responsible for maintaining the existing arterial sidewalks along Ten Mile Road during construction, - Page 9 -- Page 254 Item#12. D. Proposed Use Analysis: The proposed use is multi-family residential and commercial;the commercial area makes up roughly 113 of the site area, approximately 6 acres compared to 11.5 acres, respectively. Multi- family residential is a conditional use in R-15 zoning district per UDC Table 11-2A-2, Staff is unaware of any tenants being in place for the proposed commercial building suites. Because no tenants are currently known of, Staff cannot review those uses for compliance in the C-C zoning district. However, the submitted site plan depicts two drive-thin establishments next to one another—drive-thru establishments require a Conditional Use Permit when they are within 300 feet of a residential district,as is the case for this commercial area. Commercial buildings require Certificate of Zoning Compliance(CZC)and Design Review so at that time Staff will evaluate uses for compliance with code. The multi-family development is proposed to be constructed in one phase and incorporate both detached and attached structures, as noted;of the 135 multi-family units,42 units are townhornes proposed along the western and southeast boundaries of the site and 6 units are part of the vertically integrated structures. Therefore,the remaining 87 units are the single-story cottages that vary in sizes form 1-3-bedroom units. As discussed previously,the multi-family buildings are subject to design review and the Applicant has applied for this concurrently with the conditional use permit application for the residential structures.The Applicant did not provide elevations for the future commercial buildings; upon submittal of the required CZC:, the Applicant will be required to submit concurrent design review for the commercial buildings. The Applicant has provided conceptual elevations of the Clubhouse and it shares in similar architecture with the proposed residential units as required by the specific use standards. The proposed use is not a traditional type nfsingla?-family or mtelti_ 7mily development, it is a hybrid of the halo. The Applicant could have chosen to plat each once nf'these buildings individually; the Applicant could also have proposed traditional 4-story garden style apartments. Both potentials have their positives and negatives and the Applicant is proposing ra u► i.que product tape to the City of Meridian. The proposed units are a majority offintgle-story one, two, and three-bedroom detached units without garages. The Applicant is proposing more traditional apartment stele parking to acco►tapuniv the units but some units do have attached one-car garages. All of'the townhonae units ralso have attached two-car garages on their_first floor. Largely, the proposed buildings in this development look like detached.single-family homes but have on-street parking and less private open space than a standard 4,000 or S,000 square foot lot. H",ever, the Applicant is proposing vastly more private open space than is required by UDC fn►•multi fancily development. UDC requires at least 80 square feet per unit and the Applicant is proposing a►1 average of almost 400 square,feet per unit ilia small private yards for every single unit. The design of this can be best seen on the open space exhibit(see Exhibit WII.C) and the fencing plan shown on the last page of the landscape plans (see Exhibit P71.D). To be clear, the maim proposed use is single-family detached structures combined with on-street parking that all reside on one single building lot, making it a rrutlti-family development by definition. There are also traditional stele townhome units but are also on the sarne building lot, making the whole residential product type a multi family development. Staff has some recommendations regarding the overall.site design to better transition, rom the busy streets and spread out some of the units.for better utilh).,delivery-Staff ff notes that all of'the following recommendations are made with the overarching recommendation that no more units be added to the proposed development even ifroom is available within the site. Fi.r,st. Stuff recommends losing the singular unit near the northwest corner of'the site, south of'the 4 units along the eastlwest street to open up this area and remove the potential for CPTED issues created hi,this odd unit placement. Secondly, as noted within the Comprehensive Plan analvsis, Page 10 Page 255 Item#12. Staff reconiniends the Applicant replace the.townhorne units shown along Ten Mile with the Verticall►'integrated.structure proposed near the center o f the project. Because of the commercial contpnnent of these structures, Stuff believes fronting onto Ten Mile will activate the commercial within this building and o ffer a better buf fer along the arterial roadway. The Applicant should replace the vertically integrated structure with the four units currently proposed direetty the west of it in order to then spread out the remaining units in this area. By spreading these units out, utility service lines will have more room to be placed and alleviate some of'the concerns presented lit Public Works in regards to the proximity,of buildings in this area of'the site. In addition, this recommendation could add additional common open space,for the sire depending on how the Applicant redesigns this area. Along Pine Avenue, Staff recommends replacing all of'the detached units ivith townhome units— this would he where the two 6 plexes from the southeast corner of the site could be re-oriented. The townhoines would front on the large open space area proposed along Pine and have the garages face internall},to the site. This removes the single-frrrnilt style pr oducr om being adjacent to a major street and removes the need for parking.spaces along the north side of W Littleton Lane (the internal east-west private street). With this reconunendetion, the entire northern area of the site could be pushed,further north to open up the site and allow for more roam within the site to accommodate the required utility easements andpossibly some additional traffic calming. E. Specific Use Standards (UDC 11-4-3): The proposed multi-family development use is subject to conditional use permit approval by the Planning and Zoning Commission and subject to specific use standards outlined in UDC 11-4-3- 27 and below: 11-4-3-27—Multi-Family ❑eveloament: A. Purpose: 1. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. 2. To create quality buildings and designs for multi-family development that enhance the visual character of the community. 3. To create building and site design in multi-family development that is sensitive to and well integrated with the surrounding neighborhood. 4. To create open space areas that contribute to the aesthetics of the community, provide an attractive setting for bui/dings, and provide safe,interesting outdoor spaces for residents. B. Site Design: 1. Buildings shall provide a minimum setback of ten feet(10') unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building;setbacks shall take into account windows, entrances,porches and patios,and how they impact adjacent properties. Proposed project shrill comply with this requirement. 2. All on-site service areas,outdoor storage areas, waste storage,disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts screened trash enclosures that are only visible ftorn the private streets,- all proposed transfortnerlutility vaults shrill also comply with this requirement. Page 1 1 - Page 256 Item#12. 3. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section, the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The private, usable open space provided_for each unit varies with each unit ttipe but each one provides more than the required amount.According to the Applicant's open.space exhibit, the minimum private open space provided is 80 square feet(fnr the vertically integrated structures its balconies)and the maximum for atry one unit would be approximately 830 square feet with an average size of uppro_ximately 400 squarefeet. Again, this proposed design offers private open space that is more akin to single family developments but is still a multi-family product and the type Uf housing that Baron Ten Mile is alining to provide. 4. For the purposes of this section. vehicular circulation areas,parking areas,and private usable open space shall not be considered common open space. These areas were not included in the common open.space calculations for the site. 5. No recreational vehicles,snowmobiles, boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate,designated and screened area. Applicant shall caniply with this requirement. b. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title.See anali sis in stgffreport below. 7. Developments with twenty(20) units or more shall provide the following: a. A property management office. b.A maintenance storage area. c_A central mailbox location(including provisions for parcel mail)that provide safe pedestrian and/or vehicular access. d. A directory and neap of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) Per the submitted plans, the Applicant appears to meet these requirements. Where it is not clear on the submitted plans, the Applicant shall con?ply with these requirements at the time of'CZC submittal. The site plan submitted with the Certificate of Zoning Compliance application shall depict these items. C. Common Open.Space Design Requirements: 1. A minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of living area. b. Two hundred fifty(250)square feet for each unit containing more than five hundred(500)square feet and up to one thousand two hundred(1,200)square feet of living area. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200)square feet of living area. - — Page 12 Page 257 Item#12. Note: Open space standards found in UDC 11-3G AND those found in these specific use .standards shall apply to this project. Please see the applicability section of both code sections. Staff unalvsis for both open space requirements is in Section F!L of this staff report instead of splitting the analysis into tsva parts. 2_ Common open space shall be not less than four hundred(400) square feet in area,and shall have a minimum length and width dimension of twenty feet (20').Proposed open space submitted as meeting this requirement has been reviewed.All area labeled as qualified common open space on the open space exhibit complies with this requirement except for or portions of the areas labeled as "Area 7"cant! "Area 2." The pieces of these areas that(10 not appear to meet the 20'minimum width requirement are negligible in the overall site and amount of open space proposed 3. In phased developments.common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. This project is proposed to be developed in one(1)phase. 4. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4')in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009,ef£ retroactive to 2-4- 2009). The buffer along W. Pine Avenue, a collector street, and the buffer along N. Ten Mile Road, do not count toward the common open space requirements for the inield-family specific use.standards. However. those areas along the arterial and collector roadways do count towards the minimum 10%required open space,for the residential development as a whole. D. Site Development Amenities: 1. All multi-family developments shall provide for quality of life,open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1)Clubhouse. (2)Fitness facilities. (3)Enclosed bike storage. (4)Public art such as a statue. b. Open space: (1)Open grassy area of at least fifty by one hundred feet(50 x 100') in size. (2) Community garden. (3) Ponds or water features. (4)Plaza_ c. Recreation: (1) Pool. (2)Walking trails. (3)Children's play structures. (4) Sports courts. Page 13 Page 258 Item#12. 2. The number of amenities shall depend on the size of multi-family development as follows: a_ For multi-family developments with less than twenty(20)units, two(2)amenities shall be provided from two(2)separate categories. b. For multi-family development between twenty(20)and seventy-five(75)units,three (3)amenities shall be provided, with one from each category. c. For multi-family development with seventy-five(75) units or more,four(4)amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100) units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord.05-1 170, 8-30-2005,eff. 9-15-2005) Based on 135 proposed units,a minimum of four(4) amenities are required,however,the decision-making body is authorized to consider other amenities in addition to those provided per the standards listed above in Zd The fallowing amenities are proposed from the quality of life, open space and recreation categories. a clubhouse with offices, a fittress facility, enclosed bike storage,and a pool;a lot- lot,two shared plrt as,pedestrian and bicycle circulation, and a segment of mold-use pathway. Therefore,the Applicant is proposing 8 qualifying site amenities. In addition to these amenities, the Applicant is proposing self-storage lockers(each locker is approximately 12 square feet)spread throughout each of the garage buildings so that residents may store small amounts of personal items onsite and near their units. This is also Prot a qualifying site amenity but Stafffnds that these will likely be heavily used even though not all residents will be allowed to participate in it due to the difference in unit count and available lockers. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2.All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(T) wide. b. For every three(3)linear feet of foundation,an evergreen shrub having a minimum mature height of twenty-four inches(24")shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan provided appears to ineet these speerf►c use standard landscape require►nents and shall be verified at the time of'CZC submittal(see Elchibit VII.D). F, Dimensional Standards(UDC II-?): The commercial and multi-family residential lots appear to meet all UDC dimensional standards per the submitted plat. In addition,all private streets appear to meet the minimum UDC dimensional standards per the submitted plans.. In addition,all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 1 i-6C-3). The proposed prelimi►wy plat and submitted plans Page 14 - Page 259 Item#12. appear to meet the UDC requirements of this section except for subsection 3.e regarding easements—this is ofgreat concern to Staff. The proposed project must comply with the separation requirements for all utilities and storm drainage lines while not having any permanent structure encroachments or overhangs within the easement. Public Works has raised concerns regarding whether the Applicant can comp&with their easement requirements.Staff is adding a condition of approval to obtain Public Works approval of their utility plan prior to City Council to ensure any revisions required to the overall site design can be analyzed by Planning Staff for con rpliance+vith the UDC. lit response to Staffs initial discussions with the Applicant regarding this concern,the .4pplicahit has provided a specific exhibit(.see Evil ibit V111.L) to address this issue. Staff hits done an initial analysis of this exhibit and it does not comply with all of the Public Works requirements. Planning staff also has concerns on whether an alternative compliance request Wray be needed in order to further revise the utilities far this development.As further revisions occur, the Applicant should also revise any other relevant plans and ensure they maintain compliance with all UDC requirements. G. Access(UDC 11-3A-3, 11-3H-4)&Private Streets (UDC 11-3F-4); Access is proposed via one private street access off of W. Pine Avenue and one driveway access to N.Ten Mile Road. The Applicant is also proposing to stub a private street(shown as W. Littleton Laney to the western property line in the northwest area of the site for added vehicular and pedestrian circulation between the two properties.The two proposed access points have been approved by ACHD but typically access to Ten Mile is limited by the City in accord with UDC 1 1-3A-3 which is why the Applicant is proposing a driveway access meant to better distribute traffic to the future commercial area. ACHD is not limiting the access to Ten Miie to a right- inlright-out only access in order to help alleviate the future traffic load at the Pine/Ten Mile intersection. Commission and Council should evaluate whether they support this access to Ten Mile as a full access located approximately 400 feet north of the railroad crossing. No other direct lot access is proposed or allowed to Ten Mile Road. The Applicant is also proposing an emergency only access through one of the private drives(N, Side Creek Lane) along the western boundary-this access will be accessed via knockdown bollards in line with Meridian Fire preferences. Due to the nature of the proposed use, Staff believes private streets are appropriate in this development. In general,►atuld-family projects do not typically have private streets and instead have drive aisles. Hm ever, because of the nature of this development.private streets are being used for the purpose of having better addressing for the site. lit a project like this adequate and simplified addressing is important in case of an emergency response. Drive aisles cannot be named and addressed which does not lend itself to a development of this kind! Therefore,the private streets will function as drive aisles but incorporate the ability to have street names and better addressing for first responders and should not be analvred in the same sense as other private street applications,according to Staff: City code requires that private streets are to be used in either a mew or gated development and this Applicant has proposed mews between the townhome units. In addition, there are sidewalks and open areas between each detached unit that could also be considered mews. The Applicant did propose gates in the project at one point but at the request of Staff,they removed the gates to improve integration and connectivity to and help the project meet more of the mixed-use policies. Private streets are also required to comply with the design and construction standards listed in UDC 11-3F-4. The proposed private streets are mostly 25 feet wide with attached sidewalks of varying-widths on both.sides of the street throughout the site. In order to help with some of'the Page 15 Page 260 Item#12. easement issues already,discussed the Applicant has widened the private street to 31 feet in width in one small.section of the site near the northivest corner. Both open and covered park-ing is provided along the private streets. Further parking analysis is discussed in the next section. Section V.H. In addition,private streets are required to be on their own co►nnton lot or within an easement per UDC 11-3F--38.3 standards. The suhmitted plat appears to show compliance with this requirement. StQ.J'has concern with the street la vow at the main entrance to the development ofj'of Pine Avenue where an uncommon 3-wav intersection is shown.Albeit the intersection is internal to the private streets, all three roadwr-vs that converge on this point allow traffic in both directions and Staff(including Police) have concerns over how traffic will flow and navigate this intersection, especially in inclement weather(i.e. when snow covers the lane striping). This intersection should be redesigned in such a way that traffic can safely and efficiently navigate between the residential and commercial areas of the site front all three directions that converge on this point. Traffic Impact Study Analysis. Tire proposed project proposes more than 100 units and therefore requires a Traffic Impact Study(TIS). The Applicant's traffic impact study has been analyzed by ACHD and specific conditions of approval are outlined in their staff report(see exhibit VI1I.J). Despite ACHD analyzing and discussing the TIS in their own report.Staff finds it necessary to highlight the main points of discussion and road improvement requirements,specifically those related to tine extension of Pine Avenue. This Applicant and the Applicant,for the proposed project to the north and west of this project have entered into a legally binding "Dedication and Development Agreement"that outlines the potential options for haw the Pine Avenue extension will be constructed(see F—riubit V71I.L). In addition,ACHD has outlined different options for how this extension and road improvements can occur.At a►nininium, this Applicant will construct the intersection improvements as half'of a 3-lane street section (one westbound receiving lane, eastbound left turn rune, and an eastbound thrulright turn lane) with vertical curb,gutter, and sidewalk abutting the site. lit addition, the Applicant is, at a minimum,required to extend and construct Pine Avenue outside of the influence area of the Pine/Ten Mile intersection as half of a 36 foot wide collector street section plus 12 additional feet of pavement to total 30 feet, vertical curb, gutter,and 5-foot detached sidewalk. The Applicant's agreement discusses that whoever obtains City approval second is required to dedicate the required amount of right-of-way to ensure Pine Avenue is constructed centered on the section line dividing the two properties. Staff appreciates the forethought of this agreement to ensure correct construction of the Pine Avenue evension. Therefore,Staff recont►nends a condition of approval in line with this agreement. lit addition,the Applicant is required to enter into a signal agreement for the required signal improvements at the pi►relTe►t Mile intersection. ACHD is also requiring the Applicant construct a southbound right-turn lane on Ten Mile Road located 580 feet south of the intersection for safer soutlibound access into the singular access allowed to Ten Mile. H. Parking(UDC I1-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table I l- 3C-6 for multi-family dwellings based on the nti rrber of bedrooms per unit. The stebmitted plan named "Conditional Use Plan"appears to show the proposed parking clearest. 771is plan shows a total oj'442 total spaces,for-the entire development. 319 are proposed,far the residents, 12 are reserved for the 3,500 square,foot chrbhouse, 30 are shown for the verticalli,integrated units, and the remaining 81 arefor the proposed commercial sites. For the 319jor the residential units, Page 16 Page 261 Item#12. a certain number are required to be covered spaces but the numbers shown on the submitted plan do not add up correctly. Staff has counted the proposed covered spaces and the►'appear to be at 218 covered spaces exceeding the mini►ntrnt required amount of 123 covered spaces. The Applicant should verify their parking counts prior to the City Council hearing to ensure transparency but initial analysis shows the proposed parking counts exceed the►►rinimu►n UDC requirements. The commercial area proposed along Ten Mile Road is shown with three separate buildings totaling approxitnatelV 12,441 square feet according to the submitted Conditional Use Plan; they Verrically Integrated structures contain 10,140 square feet oj'comrnercial.space. For commercial uses, the parking requirement is one space for every 500 square feet and the proposed commercial area requires a tnini►nuni of 52 spaces. As noted, the Applicant has proposed 81 spaces for the commercial area, exceeding the minimicna amount required by the UDC. Two of the commercial sites show a drive-thru and one appears to be,for a restaurant use. Per the UDC, restaurant uses require a parking ratio of I space per 250 square feet. Staff ca►rnot.f xlly analyn-e the commercial parking because uses are not yet known. Horn ever,for the.standard ratio, the Applicant is proposing parking itr excess of the nrinimum requirements and each commercial pad site will require CZC and Design Review approval prior to obtaining building per►nit approval. Therefore, Staff will handle these calculations at the time oj'those submittals. The applicant did not.submit a separate parking plan for review. I. Pathways (UDC 1I-3A-8): A I 0-foot wide multi-use pathway is required and proposed along the property's boundary abutting the railroad easement along the southern boundary. The proposed pathway will be approximately I00-feet from the existing railroad tracks due to the easement width and will be a segment of approximately 480 feet in length and connect to the existing arterial sidewalk along Ten Mile. This section of multi-use pathway will connect to a proposed micro-path traversing the entire western boundary of the subject site that eventually connects to the sidewalk along Pine Avenue. These connections would allow further safe pedestrian connection along the railroad corridor and will directly help connect this development to Fuller Park should the subdivision to the west also obtain approvals. The proposed sidewalks in this development are essentially micro-pathways. These pathways connect throughout the entire development and traverse through every mew as well. They offer increased pedestrian connection and give future residents the opportunity to walk rather than drive within the project site to the commercial within this development and the nearby commercial on the east side of Ten Mile Road. J. Sidewalks(UDC 11-3A-17): Attached sidewalks are proposed along all internal private streets as part of the overall pedestrian circulation, in accord with the standards listed in UDC 1 1-3A-17. The sidewalks in this development create connections throughout the project including to and .from the commercial portion of the site. The proposed large open space area in the center of the development is easily accessible because of these sidewalks. The sidewalk along Ten Mile it already existing with 7-foot attached sidewalk per ACHD standards.for arterials. Vith the extension and construction of W' Pine A venue, the Applicant is required to construct a 5-fool wide detached sidewalk within the required landscape buffer. The submitted landscape plans show a 5-foot detached at least 4 feet from the edge of fixture right-oj-way, meeting UDC Page 17 Page 262 Item#12. standards. Stajf supports the sidewalk and pedestrian circulation plan for this development..See Exhibit VII.F. In consideration of'pedestrian safL6 tv as well as traffic calmingfor the site, Stafj'is recommending that all pedestrian crossings and anv main sidewalk that traverses the perimeter of the streets andlor that goes east-west through the maim central open space area be constructed as raised crossings out of brick pavers,stamped concrete, or equal. K. Landscaping(UDC 11-3E): A 25-foot wide street buffer is required adjacent to N.Ten Mile Road, an arterial roadway, landscaped per the standards Iisted in UDC 11-3B-7C. A 25-foot wide common lot is depicted on the plat starting at the back of the existing attached sidewalk along Ten Mile,meeting the UDC requirements. There is also a required 20-foot wide Iandscape buffer adjacent to W. Pine Avenue, a residential collector roadway, the submitted plat also shows compliance with this requirement. The submitted landscape plans appear to show the correct amount of landscaping per the UDC standards for the landscape buffers. Landscaping is required along all pathways (including micro-pathways)in accord with the standards listed in UDC 11-3B-12C. The total lineal feet of all pathways with the required and proposed number of trees are NOT included in the Landscape Calculations table on the submitted landscape plans,sheet LA.The table contains this data for the multi-use pathway but not the micro-path along the west perimeter of the development and there does not appear to be trees located on both sides of either pathway segments.The addition of this data in the calculations table and the required trees located on both sides of the pathways will be required as a condition of approval. In addition,there does not appear to be the minimum 5 feet wide planter width on the south side of the multi-use pathway.The submitted landscape plans appear to show an area wide enough for the pathway and 5 feet of landscaping on both sides; the Applicant should revise the landscape plans to show compliance with these standards. Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E.The total square footage of common open space and the required number of trees to demonstrate compliance with UDC standards is NOT included in the Landscape Calculations table. The addition of this data in the calculations table will be required as a condition of approval. The proposed C-C zoning district requires a 25-foot landscape buffer to any residential district;the submitted plans do not show compliance with this requirement. Because this is a mixed-use development and there is the presence of some landscaping,a sidewalk,and the street between the residential uses and the commercial, Staff does not have particular concern over this discrepancy. However,in order to comply with the UDC,the Applicant will have to request a waiver from City Council to reduce this buffer to the buffer shown on the submitted landscape plans. L. Qualified Open Space (UDC 11-3G): A ininimum of 10%qualified open space meeting the standards Iisted in UDC 11-3G-3B is required. Based on the proposed plat of 16.46 acres, a minimum of 1.65 acres of qualified common open space should be provided to satisfy this requirement. In addition, because this is a multi-family development within a residential zoning district, the common open space standards Iisted within the specific use standards,UDC I 1-4-3-27, also apply. Combined,the required amount of minimum qualifying open space that should be provided is 2.56 acres. The Applicant's open space calculations do not accurately depict the amount of qualified open space for the multi-family specific use standards. There are parts of"Area 2"and "Area 7" Page 19 Page 263 Item#12. on the submitted open space exhibit that do not appear to maintain the 20" minimum requirement to continue counting towards qualified open space. However,according to Staff's analysis,these areas are negligible to the overall calculations. According to the open space exhibit(see Exhibit VII.C),the applicant is proposing a total of 3.62 acres of qualified open space. There are a number of small areas throughout the development that are still green space but are not qualifying open space because of the 20' by 20' minimum dimensional requirement per the multi-family development open space standards.Of the 3.62 acres proposed,2.47 acres is proposed to meet the overall minimum 1 Ot'/n requirement(2.47 acres equates to approximately 15%).This qualified open space consists of the 10400t multi-use pathway segment,the required street butlers,and two large common open space areas.This area exceeds the minimum UDC requirements. The remaining 1.15 acres of common open space is proposed to meet the specific use standards for mufti-family development. These areas of open space consist of the mews between the attached products, areas of open space that meet the minimum 20' x 20' multi-family open space dimensions,and the two shared plazas. The open space proposed to meet the specific use standards exceeds the minimum UDC requirements. As noted above, the common open,space provided with this development exceeds the nzininium amounts required by code. In addition, the Applicant is proposing private open space well in excess that is required by code. Sta f fappreciates the incorporation of the two shared plazas between the residential and commercial areas—the easy pedestrian access to these areas add to their tisabilitt>overall placemaking. In addition, all of the pedestrian pathways throughout the site connect the maim areas of open space to the residential units offering fairly equitable access to the proposed open space. Staff supports the pedestrian network and the connections to open space anchored by usable open space and amenities and the commercial area on the eastside of the site.All in all, Staff finds that the proposed common and private open space are sgficient for a project of this size and proposed use. M, Qualified Site Amenities (UDC 11-3G): Based on the area of the proposed plat(16.46 acres), a minimum of one(1) qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. The applicant proposes one(1)qualified amenity to satisfy the requirements in this section of the UDC, a 10-foot multi-use pathway along the souther boundary. All other site amenities (analyzed in an above section) are meant to satisfy the specific use standard amenity requirements. The proposed multi-use pathway meets the minimurn UDC standards. N. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the landscape plan and meets UDC standards as proposed. D. Building Elevations (UDC 11-3A-19 I Architectural Standards Manual : As discussed in the comprehensive plan policies analysis, Staff believes most of the submitted elevations meet the required Architectural Standards. The applicant has submitted a concurrent design review application for the residential structures and staff finds the submitted architecture of the residential portion of the development complies with the ASM. Commercial elevations were not submitted with this application but future buildings should incorporate similar architectural features to ensure a cohesive design as envisioned by the Comprehensive Plan and ASM. A separate DES will be required for the Commercial portion of the development. Page 19 - Page 264 Item#12. The ASAi notes that no ttivo rrrulti fancily buildings should look the same. To ensure compliance with at least the intent of'this requirement, the Applicant should create more differentiation between the units kt,providing different colors het?ond the same earth tomes. In addition, adding more gl'the accent materials (i.e. lap siding and stone)would help to make more of the detached units aarrirlaee fi arra one another. Stalj''is•recommending a condition oJ'approval to mitigate this. To help ensure the.f ature commercial buildings integrate with the proposed residential, the Applicant.should provide at least conceptual elevations.fo►•these buildings. Staff is providing a condition of approval to submit conceptual elevations of the commercial buildings prior to the City Council hearing. V1. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested conditional use permit and preliminary plat applications per the Findings in Section IX of this staff report.The Director approved the private street and administrative design review applications. B. The Meridian Planning& Zoning Commission heard these items on December 17,2020 and January 2, 2021. At the public hearings,the Commission moved to recommend approval of the subject Annexation and Zoning Preliminary Plat. and Conditional Use Permit requests. 1. Summary of Commission public hearing_ a. In favor: Deborah Nelson,Applicant.Legal.Rep.; Dave Bailey, Applicant Engineer b. In opposition: None c. Commenting. Deborah Nelson, Dave Bailey d. Written testimony:None e, Staff presenting application. Joseph Dodson,Associate Planner f Other Staff commenting on application: Bill Parsons, Planning Supervisor 2. Key issue(s)of public testimony a. None 3. Key ssue(s)of discussion by Commission. a_ Amount of Commercial versus Residential in both zoning and commercial square footage: lam. Viability of Staff s recommended conditions and layout changes-Staff'and Commission went through each recommended change and discussed items with the Applicant following testimony from the Applicant; c. Timeline of Pine Avenue extension from Ten Mile to existing section of Pine; d. Importance of Public Works standards for utility mains within private streets and whether proposed plan can work-Staff received a memo from Public Works before the second Comrission hearing for this project outlining preliminary support of utility plans: e. Discussed the changes made by the Applicant following the continuance and any Staff concerns-no concerns by Staff. 4_ Commission change(s)to Staff recommendation: a. Revise the staff report to reflect the changes and strike specific conditions as outlined in the Staff Memo to the Commission dated December 31, 2020-i.e. remove all of Staffs recomrrrended changes except for the one regarding the revised internal 3-way intersection off of Pine Avenue. 5_ Outstanding issue(s) for City Council: a. The Applicant did not submit a parking plan in line with a condition of approval.. - — — - Page 20 _. Page 265 Item#12. C, The Meridian City Council heard these items on Februm 9,2021. At the public hearing', the Council moved ta_annrove the subject Annexation and Zonin& Pmliminan+P1aL and Conditional Sununar5r_of the City C_o t1 plc hearing: ji, In favor; Dcborah-Nelsm.App]icant Romsentative b. In oppos-itim; None C. Cammentin : Deborah Nelson: Dave- ailpy emi t En-ig Weer Written t�stim°nv_ ne Statt presntin��n�1iiQn:_IQphDsQn,��4ciat�-Pl�z�aer f Other Staff commenting on pWieation_:-None 2, UYissue{ �f } c testimX; p- Non-c I K v issupO gfAisc S-on v-0t omu— a. Arnomit-of Comm r i,l_for tl}i pn�ject s woll �iesi�naies�mis�i=us- r_ea nd b- Public versus.private roads for internal access of the site—whir were private streets chos C. Mixed-uscz-goals in r�latinn to inteeration of site internallyvs, externally, 4. City Council changes)to Commission recommendation a. CQuncii-granted there ested�vaiyer_tQ_reduce the_requiredJ-andscape buffer_bdwcvn the C-C zone-and t�J 15 moo, --whhat is&Q--n on the landscwe ply Page 21 Page 266 Item#12. YII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps Revised Legal_Description Modern Craftsman at Ten Mile Subdivision-Annexation An annexation parcel located in the NE Y4 of the SE'/.of Section 10,Township 3 North,Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho, and more particularly described as follows: BEGINNING at a Brass Cap monument marking the northeast corner of said NE A of the SE%, from which a Brass Cap monument marking the southeast corner of the SE Y.of said Section 10 bears S 0°51'58"W a distance of 2646.23 feet; Thence along the easterly boundary of said SE '/4 S 0°51'58"W a distance of 899.42 feet to a point on the northerly right-of-way of the Oregon Short Line Railroad; Thence N 88°29'39"W along said northeriy right-of-way a distance of 528-42 feet to a 5/8 inch diameter febar; Thence N 42`27'06"W a distance of 659.08 feet to a 518 inch diameter rebar; Thence N 6`3224" E a distance of 415.20 feet to a 518 inch diameter rebar on the northerly boundary of said NE'/<of the SE'l,; Thence S 89'11'05'E along said northerly boundary a distance of 939.50 feet to the POINT OF BEGINNING. This parcel contains 17.46 acres and is subject to any easements existing or in use. � Clinton W.Hansen. PL pL LA NpS 54a r s& Land Solutions, PC October 2,2020 111 8 C+ ` IoruZ� ON W. Y\ Land� )11J tji]f35 Pine ALB and Ten Mlle Rd Property Job No.19-19 Page 22 Page 267 Item#12. ANNEXATION EXHIBIT MODERN CRAFTSMAN AT TEN MILE SUBDIVISION LOCATED IN THE NE 114 OF THE SE 114 OF SECTION 10,T.3N., R.1 W., B.M. CITY OF MERIDIAN,ADA COUNTY,IDAHO S891 VOYE 1/4 W. PINE ST. POINT OF N BEGINNING d z •D � z z TOTAL ANNEXATION AREA 17.46 ACRES n y�I W M] N •G W 2 C Q �s m 9�. N88'29'39'W 528.42' OREGON SHORT LINE RR l LA kp s tS.TFR W. FRANKLIN RD. 15 1s 11118 Land olu#ions OF � anti ��Land Surveying and Consulting a' 80' 160, sza oN W.�1P Z3l=!�M ST STE A MERIOVW*MA., �m)2W1m f« 1m-2%?fU www W13WR�OfIS Gt' .�W '3-:3 Page 23 Page 268 Item#12. Legal Description Proposed C-C Zone Modern Craftsman at Ten Mile Subdivision A parcel located in the NE'I of the SE'I of Section 10, Township 3 North Range 1 West. Boise Meridian,City of Meridian,Ada County, Idaho. and more particularly described as follows: BEGINNING at a Brass Cap monument marking the northeast corner of said NE `/of the SE ``/, from which a Brass Cap monument marking the southeast corner of the SE %of said Section 10 bears S 0`51'58"I/V a distance of 2546.23 feet. Thence along the easterly boundary of said NE 1/4 of the SE%S 0`51'58' W a distance of 576.86 feet to a point. Thence leaving said boundary N 88'29'39"W a distance of 129.67 feet to a point of curvature, Thence a distance of 31.60 feet along the arc of a 100.00 foot radius curve left. said curve having a central angle of 18'06'18" and a long chord bearing S 82'27'12"W a distance of 31.47 feet to a point: Thence S 73`24'03"W a distance of 20.16 feet to a point: Thence S 87'30'58"W a distance of 103.99 feet to a point. Thence N 38`33'21"W a distance of 239.06 feet to a point. Thence N 0'48'55"E a distance of 198.32 feet to a point. Thence N 89'11'05"W a distance of 101 84 feet to a point. Thence N 0'48'55"E a distance of 208.77 feet to a point on the northerly boundary of said NE YA of the SE''/.; Thence S 89'11405' E along said northerly boundary a distance of 537.85 feet to the POINT OF BEGINNING. This parcel contains 6.02 acres more or less. `dap l LAN&S Clinton W.Hansen. PLS Land Solutions,PC January 5. 2021 s 111 18 �'l°- a rj 9r� of ,a W �Re� Land a fti'd o ns C•C Zone•Pine We �� . wr.ery �e errr.p Jet) No ND 19.19 Page i of Pipe 24 Page 269 Item#12. Legal Description Proposed R)S Zone Modern Craftsman at Ten Mile Subdivision A parcel located in the NE %of the SE %of Section 10, Township 3 North. Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho,and more particularly described as follows, Commencing at a Brass Cap monument marking the northeast corner of said NE'/.of the SE%,from which a Brass Cap monument marking the southeast corner of the SE'/{of said Section 10 bears S 0°51'58"W a distance of 2646.23 feet; Thence along the easterly boundary of said NE'1/4 of the SE%S 015V58"W a distance of 576.86 feet to the POINT OF BEGINNING: Thence continuing along said easterly boundary S 0'51'58"W a distance of 322.56 feet to a point an the northerly right-of-way of the Oregon Short Line Railroad; Thence leaving said boundary and along said northerly right-of-way N 88'29'39" W a distance of 528.42 feet to a point; Thence leaving said right-of-way N 42627'06"W a distance of 659.08 feet to a point; Thence N 6'32'24" E a distance of 415.20 feet to a point on the northerly boundary of said NE%of the SI-YA: Thence S 89°11'05"E along said northerly boundary a distance of 401.65 feet to a point; Thence leaving said boundary S 0048'55"W a distance of 208.77 feet to a point; Thence S 89`11'05"E a distance of 101.84 feet to a point; Thence S 0°48'55'W a distance of 198.32 feet to a point, Thence S 38`33'21"E a distance of 239,06 feet to a paint; Thence N 87030'58"E a distance of 103,99 feet to a point; Thence N 73°24'03"E a distance of 20.16 feet to a point on a curve; Thence a distance of 31.60 feet along the arc of a 10 0,00 foot radius cure right,said curve having a central angle of 18'0618"and a long chord bearing N 82'27'12"F a distance of 3 1.4 7 feet to a point of tangency; Thence 5 88°29'39"E a distance of 129.67 feet to the POINT DA L LA IVOs OF BEGINNING. This parcel contains 11.44 acres more or less. a 11118 Clinton W.Hansen.PLS �a+1 Gs(Li Zp Land Solutions,PC January 5,2021 210 R-15 Zone-Pine and 10 Mile c�lldSalutio� Job No. 19-19 Page]Df 1 Page 25 Page 270 Item#12. ZONING EXHIBIT MODERN CRAFTSMAN AT TEN MILE SUBDIVISION LOCATED IN THE NE 114 OF THE SE 114 OF SECTION 10,T.3N-R.1W.,B,M. CITY OF MERIDIAN,ADA COUNTY,IDAHO R-r5 k61.a5' A 5377 10 1'• POINT OF BEGINNING w C-C ZONE her iQ1.ad' � M 2 ^"1 C-C ZONE z 6.02 ACRES z R-15 ZONE 11,44 ACRES S73-24'73'w 4 20.1f' N8879'39'w "z *2y S87'30'S8•W 0 129.67' a n 3- 103.99, POINT OF BEGINNING o N I R-15 74NE n C-C I-LA Np - N8879'39'W 528,42' Te C-G OKGON SHORT UNE RR 11118 0 -- `ra w l a5*1 z 2 {�•tr�p. 5L OF ��r7�v 0' 80' 150' 32tJ' N W_\A W. FRANKUN RD. 10 rs 15 , ., CURVE TABLE Lai�0lutions CURVE ,� LEIVGTN RADIUS DELTA BEARING CHORD -- 3i,so' 1Qoao' saas'1s' S52Zrt2'w 31.47' Land Surveying and Consu6ing c� 21'E 511P S' SS[A MEMO AN to ax.Q 120Ey 29&7[W0 06)M-7`a.. i" N^MY lyp{0R4.rR04 .Cc R' •. Page 26 Page 271 Item#12. B. Preliminary Plat (dated: 10/2 1 Q020 12/28/2020) 11,2s Nuvso\...ns s3Nld H0114 -L N71—1—1 -,A-LA I vq I—I-_3 Z'!A=d 10 9III I I # � �� _ l al 1 �� hil 14 ivj 11, 4' k 2 i LiJ Page 27 Item#12. C. Open Space Exhibit(date: °14�a 12/28/2020) �'17 5�11>=f�clOLi cl N�ld`�Y E3 '�ul�vuauuryT:�[ali .-+ 3'�IW N31 lb Nq WSl�vLl� H2130pW JOEI IF JC3 3�V-1 N3dC i lii��a Fs€ 6 Cp I I - - :v• .a �iil ffir! •� .�:_ i�� n �:.,_. ':.r Y,. � ' -��i� �Fi ��^. � �V �ram• ry,� ..l �+ Page 28 Page 273 Item#12. I INN L Ilik • 7777r, ,T, .777 A A., w T- %i Ij Page 29 Item#12. D. Landscape Plans(date: °1°�2 12/30/2020) x 0 H d �s LU a ` v [,7 Z W J EL LLN W Q ❑ z a on a w Page 30 - Page 275 Item#12. s m d 0 a z m - r - - - fr ro r [y... _ Lill n I x g r o Page 31 Page 276 Item#12. I � ll f u _ I ;� 1. 7 •�ii1ry�L'�{, e_�k�{E;�[i"'��Y��{' R ,I-:-.-:. s '- � I — � 1II i""� 0 ! - _4 _ ¢[ ppp to i Af 8 MODERN CRAFTSMAN G3 AT TEN MILE � !� l �; }BARON DEVELOPMENT PRELIMINARY PLAT LANDSCAPE PLAN " ° Page 32 Page 277 Item#12. V. 4` lP-11 k liqj . 4 _ �--J IL__� y i! MODERN CRAFTSMAN N AT TEA[ MILE v BARON DEVELOPMENT PRELIMINARY PLAT LANDSCAPE PLAN " =� WL Page 33 Page 278 Item#12. [wHl� • 4 r•. �ek .: fir. 7 1 14 L �� .�.i .`�..�' �,�� +" WTI •—�- I I �' �f• V�r �r -� 'I...'. .-7 � t. 'ti,' I�_� ! •'' it-"fit'• ��• � , Ll La _ L. �j�4P• 10 =j' a,s R to MODERN CRAFTSMAN i z i "• ; AT TEN MILE • f"� a 2° R n BARON DEVELOPMENT Y PRELIMINARY PLAT LANDSCAPE PLAN Page 34 Page 279 Item#12. -or Si S s i i r>• e CY i.I .. i Elleri }ngk¢�yJpv��,y� 2�i�ir: •TzC fr.p :• r • ' N �x iIn �1LS,�x3 ; # a4 ' '', ' .:F� aFa3�g E �F�C�l � • s'iS.S 5 `R f� �;F rk} F�xT?�r?3'rriErsi2Sc3�3$3 `LYr?•. ,+i��C FS ai--. ,9�S �r i .='✓!s`y off`- - S I I s MODERN CRAFTSMAN rY AT TEN MILE ;�FR 3 BARON DEVELOPMENT 9 1°r -P PRELIMINARY PLAT LANDSCAPE PLAN Page 35 Page 280 Item#12. E. Pedestrian Circulation Plan 924 + "a L I .. i ' •L� � Li 0 c� c x nT Y F 46 Q fY Yy tg N PATHWAYS EXHIBITI MODERN CIRAFT$MAN AT TEN MIL[ 'y�� ,�rwEUMc�HrW�6100. - Page 36 Page 281 Item#12. F. Conceptual Building Elevations WJDERN CRAFTSMAN AT TEN MILE :Swj�gPLEe Elm WEQED PATIp-SH4pE STkJCTl1RE 511111NERST CDRI•T:R-IIhLBO%ES Clubhouse Elevations ja SOUTIMEST CORNER-POLL ORK%PEW CLOBFIDUSE NDRIXE.{Er DDRryER•1►IIry ERIRy vEw MOL•ERH _ CRAFTSMAN _ AT TEry WX I� mOP,rHVA7 xCMER•MIN wmy WIN -:L%iti,��.-CR'!iR-f C•��rS�Y-�!CC+ F� T_ , „ r� f H �'OOI pECIf MER `wJA �-�€ En a CL:A iCUm FLOORPLAN Page 37 Page 282 Item#12. MODERN CRAFTSMAN AT TEN MILE LIMA _ - LIE SINGLE SLOPE RGGF-FROIR VEW NIP RAP°-FRCH7 V*H'ris IL �+ Ll —_ - TV err-— Pi .z — 1 FEO-i RAm-wa'LEx MppERN CRAFTSMAN AT TEN MILE LIM Ll I E L—"� $INGIFSLOERppF FIIpIT VFW SIP R::[Y FR[]KT'f1FN' �❑u..._�. SINGLE SLOPE RUOF'-m"wcw 11 I LIE A —� ME i.. 1 2BED-20ATH-A ' FLOORMJLN HIP ROOF•BACK lAVW ••� Page 38 Page 283 Item#12. MODERN CRAFTSMAN AT TEN MILE mas wut:M grin SINGE 4CPE R[10c-FRfXR 11FW � I�R[h'F-�RCMi VI�Yf ��w...�•. !I ' 610__"c SLOPE ROGF BACN L'IEI'f Elm 1 � n _ xeEn-xe�lx-e fl..'�RVU,N ..r.......»••... 19v iZ�C:•R4�i'.V��W MODERN CRAFTSMAN AT 131 MN f1T EKO111 VOY i GANAGE-810RARE 91LOIRG FLOGR PUN Page 39 Page 284 Item#12. MODERN CRAFTSMAN AT TFN'.'I._ CIXCR RCFiIE 3 v��Ixexn.err. CMMPk TIEV SINGLE SLOPE ROOF-FRON7 V.E!h HiP ROOF•FRONT NEW ac 4; GOLLRP_�.ES�E N C_ -- 81HGIE$LOPE ROOF-BE.ON YEW ❑■ 3RED-26ATH FLOORPLAN HIP ROOF-BACK VEW — Page 40 Page 285 Item#12. MOURN CRAFTSMAN AT 7EN WILE �•YEJE.9 ' Dw FRONT LSO'AM 6—iiiii ORA3E0 19FlRu1L 1;LEVEL I-FLOOR PLAN-PRELIMU0.RY-GROSSAREA LEVEL I=6,136 SF M[117FRN CRAFTSMAN =J jr IL FIFlR 60 V[Y1 l 1 I VERTILALLY4NTEMATED 1'i �Y-FIAOR PL9N-PREUNMNi'-s+os Ndvelk'h..•ssie 5h Page 41 Page 286 Item#12. G. Conceptual Commercial Elevations BARON TEN MILE & PINE SCHEMATIC COMMERCIAL CONCEPTS PAAW a ' BAR 01"I TEN PvIILE & PINE SCHEMATIC COMMERCIAL CONCEPTS --JAI TF1E CCFFIEF UUUSIE - 41, Page 42 Page 287 Item#12. BARON TEN MILE & PINE SCHEMATIC C01\4AERCIAL CONCEPTS K n.,(, - - - - ,It BARON TEN MILE & PINE SCHEMATIC COP,)MERCIAL CONCEPTS << Onejr - - i ,, I. ; Page 43 Page 288 Item#12. BARON TEN MILE & PINE SCHEMATIC COMMERCIAL CONCEPTS I VIII. CITYIAGENCY COMMENTS& CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation.The DA shall, at minimum,incorporate the following provisions: a. Future development of this site shall be generally consistent with the approved plat,site plan,landscape plan,open space exhibit,and conceptual building elevations included in Section VII and the provisions contained herein. b. The 10-foot multi-use pathway along the south boundary shall be constructed with Phase 1 of the development. c. The existing accesses onto N. Ten Mile Road shall be closed upon development of the subject site except for the access located approximately 580 feet south of the Pine/Ten Mile intersection—this southern access is the only approved access to N. Ten Mile Road. d. With the first phase of development,the Applicant shall construct a dedicated southbound right-turn lane for the one approved access to Ten Mile,as outlined - Page 44 - — Page 289 Item#12. by ACHD and the Traffic Impact Study, dedicate additional right-of-way for this requirement as needed. e, All pedestrian crossings within the site shall be constructed as raised crossings: crossings and the main pedestrian paths shall be constructed with brick pavers, stamped concrete,or equal. f With the first phase of development,the Applicant shall construct and/or dedicate the required right-of-way for the extension of Pine Avenue and the Pine/Ten Mile intersections in accord with ACHD requirements and in line with the signed"Dedication and Development Agreement,"as seen in exhibit VIII.L. g. The required landscape street buffers shall be constructed and vegetated along the entire perimeter(along N, Ten Mile and Pine Avenue)with the first phase of development. h. An entry feature is allowed and desired to create a sense of place for the development but no gates are allowed except for the emergency only access along the western boundary, labeled as N. Side Creek Lane on the submitted plans. i. Future Commercial elevations shall be generally consistent with the submitted_ concept elevations in size, form,scale,and roof lines, at a minimum,future commercial buildings on this site shall have at least one(1) field material and color that matches the residential portion of the site. eliminate any split zoning and to reflect StaWs iveommended changes to the site layelit. 3. The preliminary plat included in Section VII.B, dated Oe�eber-2 f December 28,2020, shall be revised rior to final lat submittal: a. If any changes must be made to the submitted plans to accommodate Public Works easement requirements, the Applicant shall submit all relevant and revised plans to the City of Meridian Planning Division for review. b. Ver-i the submitted par-king data-noted on tne"Conditional Use Plan." c. Stamped and signed by the licensed land surveyor. 4 The landscape plan included in Section VII.D, dated Septembff 29T Decembey",2020 is proved-n showrt-with thei ielusian of the reduced buffer bztwcen the C-C a-A R_1 a zap- i dis1ri�SAs-atm o s Ci- i. ncil. �h I a o-r-= ed as f 11.,wS P r.r Sub H3itW a ii,the pathways located Final Plat appheatiew. total lineaf-feet of all pathways and the required number-of tfees per UDC- 11 313 P-4-7 b. Re-vise tke landsealge plans to add a 5 fOOt Wide ifflid5eape bOTeF RIORg b0th Sides-a b the perimeter of the site(including!he multi use Page 45 Page 290 Item#12. e- Show the required 25 fiae4 landseape buff-er-be�ween the G C zoning distivies. Vand doe. co it days r „to the Cit.,Getmeil hearing,, Sato more e buildings.OR, b. Create at least twe (2)fflore design palettes for the pr8posed detached uHits te inelude a. Remove the detaehed units ftem along Pine AvLnuez b Remwve the singular-unit loeaIed w4hin the labeled"Area 3"of the Opeti Space 4Fated building, along N. T Mile Road; additional pa kifig that is needed to the buildingsouth side of the building te add io the buffer-along the r-ailmad tr-aelIES-1- e- Rearrange (he eentral detached aiiiis!a he mofe spread ou! w4hin this central afea to aceaRimadate adequate Public Wordis approi,al of their ud,14ty plan to ensu ans required to the K_ Future development shall be consistent with the minimum din-tensional standards listed in UDC Table 1 I-2A-7, UDC Table 11-213-3,and those listed in the specific use standards for multi-family development, UDC 11-4-3-27. 9, Off-street parking is required to be provided in accord with the standards listed in UDC "Fable l 1-3C-6 for multi-family dwellings based on the number of bedrooms per unit. I[l. With the Final Plat submittal,the Applicant shall correct the applicable plans to show all pedestrian crossings as raised crossings and show the main pedestrian sidewalks that traverse through the development to be constructed with pavers or colored and stamped concrete(or equal)to further delineate the pedestrian pathways. H. At least 4en(10) days prior-to the Gity Gatineil heafifig the Applieeft! shall r-evise the preposed 3 way intemal inter-seetion between !he residential and eeinmereial area in !he operate safely for both pedesirians,and ,rehi eles. 12. The Applicant shall comply with all ACHD conditions of approval. - Page 46 Page 291 Item#12. I I The Applicant shall obtain Administrative Design Review approval for the future commercial buildings with the submittal of the Certificate of Zoning Compliance for the eniirt?each commercial site. least ten(1n).lays prior-to the City Cauff.il hear-i„g 15, The Applicant shall obtain Certificate of Zoning Compliance approval for the eaHe applicable (within the R-15 and C-C zoning districts)portion of the subject site prior to applying for any building permit in either zoning district. 16. Comply with the outdoor service and equipment area standards as set forth in UDC i 1-3A- 12. 17. Provide a pressurized irrigation system consistent with the standards as set forth in UDC l l- 3A-15, UDC 11-3B-6 and MCC 9-1-28. 18. At least ten(10)days prior to the City Council hearing, the Applicant shall submit a parking plan for the proposed development to better show the proposed parking following any revisions made to accommodate Public Works easement requirements. 19. Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 1 1-3B-14. 20. The applicant and/or assigns shall comply with the private street standards as set forth in UDC 11-3F-3 and 11-3F-4. 21, The conditional use approval shall become null and void unless otherwise approved by the City if the applicant fails to 1)commence the use.satisfy the requirements. acquire building permits and commence construction within two years as set forth in UDC 11-5B-617.1; or 2) obtain approval of time extension as set forth in UDC 1]-5B-6F.4. 22. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings: or 2)obtain approval of a time extension as set forth in UDC l 1-6B-7. 23. Prior to issuance of Certificate of Occupancy on any building,the applicant shall submit a public access easement for the multi-use pathway along the southern boundary of the site to the Planning Division for approval by City Council and subsequent recordation. 24. Business hours of operation within the C-C coning district shall be limited from 6 am to i I pm as set forth in UDC 1 i-2B-3A.4. 25_ Any drive-thru establishment use shall require Conditional Use Permit approval in accord with UDC 1]4-3-11. B. PUBLIC WORKS 1. Site Specific Conditions of Approval L l Provide sanitary sewer to-and-through to 3515 W. Pine Ave and 3513 W Pine Ave. 1.2 Light poles cannot be located inside utility easement. 1..3 In multiple areas it looks like the sewer and storm drain lines are too close together. Please provide 4 ft separation between center of storm drain and sewer. This enables repair/replacement of manholes and sewer lines in the future. Page 47 Page 292 Item#12. 1.4 The water main in Pine Ave needs to be extended east and tied into the existing 12"near Ten Mile. Also,the water main in Pine Ave needs to be extended west to the west property boundary.This will fulfill the to-and-through requirement. 1.5 The water main in W. Little Lane needs to be extended to the west property line. L6 Install water main in N. Side Creek Lane and stub at the property line to provide a future connection to the west parcel. 1.7 End the water main in N. Rangeview Lane(at the southeast corner of development) in afire hydrant. 1.8 There is an existing water main stub to this property off of Ten Mile at the southeast corner of the development that either needs to be used or abandoned. 1.9 Sanitary sewer mainlines are not allowed within common drives,only sewer services (reminder that a maximum of three services are allowed into a manhole,with a minimum 30- degrees of angle separation). 1.10 All sanitary sewer and water easement areas must remain free of any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for the easement. 1.11 Sanitary sewer and water service lines cannot run under carports. 1.1.2 Minimum distance between service lines must be maintained, 6-feet between potable/non- potable service lines, 5-feet between each sewer stub off the mainline. 1.13 Any sewer service lines greater than 100-feet will need cleanouts that are accessible for cleaning.contact plumbing inspector for specific details. 1.14 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A future installation agreement is required for the streetlights on Pine Avenue and Ten Mile Road. Contact the Meridian Transportation and Utility Coordinator for additional information. 2. General Conditions of Approval 2,I. Applicant shall coordinate water and sewer main size and routing with the Public Works Department,and execute standard forms of easements for any maims that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in confonnance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x l h"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed,signed and dated by a Professional Land Surveyor. DC NOT RECORD. Add a note to the plat referencing this Page 48 - Page 293 Item#12. document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals, Iaterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In perfonning such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (209)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated. road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be feeer-ded approved, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of t 10%will be required for all uncompleted fencing, landscaping, amenities,etc.,prior to signature on the final plat. 2.11 All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay.Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter, 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop till material. Page 49 - Page 294 Item#12. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation, This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at littp://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. Fin DEPARTMENT htos:lln eblink,meridiancity.argllfebLinklDocView_aspv?id�--215755&dbid=O&repo=AferidianC itv D. POLICE DEPARTMENT https:1/Mfeblit?k.met-idiaiieity,.oiglPf`ebLiiakIDoel ieit,.cispx?id=216635&dbid=O&repo=Alet-idiaiiC it E. PARK'S DEPARTMENT https:/hveblink meridianrity.orglWebLink/Doc View.aspx?id=217427&dhid=0&repo=MeridianC i tl� F. COMMUNITY PLANNING AssoCIATION OF SOUTHWEST 11DAHO(COMPASS) https:lltiveblink meridianrite.omlWebLinklDoc View.aspx?id=21679.3&dhid=0&repo=Meridian itV Page 50 - Page 295 Item#12. G. ADA COUNTY DEVELOPMENT SERVICES fh+�g,ps:11weblink.ineridianc•i.,.org1WebLink1Doc View.aspx?id=215839&dhid=O&repo=Mer'idianC Ar H. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https:Ilweblink.meridiancLo,%orglWe6LinklDoc View.aspx?id=215845&dbid=O&repo=MeridianC itlt I. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) htWs:llweblirik_tneridiancity.orglWebLinklDoc dfiex,.aspx?id=2J 6377&dbid=O&repo=MeridianC itv J. ADA COUNTY HIGHWAY DISTRICT(ACHD) hitps:IA,eblirak,meridiancity.orglWebLinklDocView.aspx?irk=?17317&dbid=O& e --MeridianC iu K. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE htWs:llu,eblitzk.tneridiajtcitt,.otg/14 ebLirtklDoctliew.aspx?id--216462&dbid=O&repo=Mer-idiartC it4& -r=l L. DEDICATION AND DEVELOPMENT AGREEMENT—BARON&VIPER h ups:llwebl in k.meridian city.orgl WebL in k/Doc View.aspx?i d=218l l 8&d bid=O&repo=Meridian C itv IX. FINDINGS A. Annexation and/or Rezone(UDC I 1-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council,frnds the proposed zoning map amendment to annex the property into the City of Meridian with R-15 and GC zoning districts and subsequent development is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment and request,for the development of'multi- family residential will contribute to the range of housing opportunities available within the City and within this area. Commission finds the proposed addition of'commercial within the development is generally consistent with the purpose statement of the commercial district and consistent with the future land use designation of'Mixed-Use Community. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Page 51 Page 296 Item#12. Council finds the proposed zoning neap amendment should not be detrimental to the public health,safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to,school districts; and Council,finds the proposed zoning Wrap amendment will not result in an adverse impact on the delivery of services by any political.subdivision providing public services within the City, S. The annexation(as applicable)is in the best interest of city. Because afthe unique housing type proposed, the proposed addition of nmore commercial zoning, and the construction of'a needed road aatension, Council finds the annexation is in the best interest of'the Cift% B. PreIiminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final flat,or short plat, the decision-making body shall make the following findings: I. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat, with Staffs recommendations. is in substantial compliance with the adopted Comprehensive Plan in regard to land Else, density', transportation, and pedestrian conTectivi��. (Please see Comprehensive Plan Policies in, Section l'of this report for more information-) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council,finds that public services will be provided to the subject property with development, (See Section FIII of the Staff Report for more details.fi•on public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and an ti°other utilities will be provided 61,the development at their own cost, Council finds that the,strhdivision will not require the expenditure of capital irxproventent funds. 4. There is public financial capability, of supporting services for the proposed development; Council finds there is public financial capability of'supporting services far the proposed development based upon comrtents.from the public service providers(i.e.,Police, Fire,ACHD, etc.). (See Section V11 for more information.) 5. The development will not be detrimental to the public health,safety or general welfare, and, Council is not aware of anv health, safely, or environmental problems associated with the platting of this property, ACHD considers road safely issues in their analysis but has not provided comments at this time. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any significant natural, scenic or historic,features that exist on this site that require preserving. Page 52 Page 297 Item#12. C. Conditional Use Permit Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council finds that the submitted conditional use plat appears to meet all dimensional and development regulations in the R-1 S Zoning district in ►vhich it resides. Z. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Council finds the proposed use oj'multi family residential and commercial are harmonious with the comprehensive plan designation of'Mixed-Use Community and the requirements of this title. 3. That the design,construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Despite the proposed use lacing d Jerent titan the residential uses closest to the subject site, Council finds the design, construction, and proposed operation and maintenance will be compatible Kith other uses in the general neighborhood and should not adversely change the essential character of'lhe sanae area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Council.f inds the proposed use, if it complies Kith all conditions Q.f approval imposed, will not adversely of j ct other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets, schools,parks,police and fire protection,drainage structures, refuse disposal,water,and sewer. Councilfinds the proposed use will be served adequately b}r essential public facilities and services as all services are readily available, the nearby arterial street is widened to its fitll width, and the Applicant is required to construct a new public road extension to accommodate additional traflzc flaw, 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Allpublic facilities•and services are readill,available far the subject site so Council finds inds that the proposed use will not be detrimental to the economic welfare of the community)or create excessive additional costs.for publief facilities and serlices. — Page 53 Page 298 Item#12. 7. That the proposed use will not involve activities or processes,materials,equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic, noise,smoke,fumes,glare or odors. Although traffic will likely increase in the vicinity svith the proposed arse, all major roadways adjacent to the site are already at their,fiill width and the Applicant is required to extend Pine Avenue cis a collector street adjacent to their site. Therefore, Council f nds the proposed use will not be detrimental to any persons,property, or the general welfare. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance.(Ord.05-1170,8-30- 2005,eff.9-15-2005) Council is not aware of'an.v.such,features: the proposed use should not result in damage(? ' anti such features. D. private Street Findings: In order to approve the application,the director shall find the following: 1_ The design of the private street meets the requirements of this article; The Director Inds that the proposed priv ate street design meets the requirements. 2. Granting approval of the private street would not cause damage,hazard,or nuisance,or other detriment to persons,property,or uses in the vicinity; and The Directorf jands that the proposed private streets would not cause damage, haaar d, or nuisance, or other detriment to persons,property, or uses in the vicinity°if all conditions of approval are noel. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan.(Ord.05-1170,8-30-2005,eff.9-15-2005) The Director finds the use and location qf the private streets do not conflict with the comprehensive plan or the regional transportation plan because the proposed design meets all requirements. 4. The proposed residential development Cif applicable) is a mew or gated development. (Ord. 10-1463, 11-3-2010,eff. 11-8-2010) NIA Page 54 - Page 299 Item#13. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Dennis Creek (Owner) and Hayden Homes Idaho, LLC (Developer) for Tetherow Crossing Subdivision (H-2020- 0112), Located Northeast of N. Linder Rd. and W. Ustick Rd. Page 300 ADA COUNTY RECORDER Phil McGrane 2021-046529 BOISE IDAHO Pgs=42 BONNIE OBERBILLIG 03/24/2021 09:47 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I. City of Meridian 2. Dennis Creek, Owner 4. Hayden Homes Idaho, LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 23rd day of M,h 2021, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Dennis Creek,whose address is 770 E Clear Creek Dr.,, Meridian, ID 83646,hereinafter called OWNER and Hayden Homes Idaho,LLC,whose address 1406 N. Main St., Ste. 114, Meridian, ID 83642 hereinafter called DEVELOPER. I. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity; of certain tract of land in the County of Ada, State of Idaho;described in Exhibit"A",which' is attached hereto and by this reference incorporated herein as if set forth in full,herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code § 67-6511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner and/or Developer have submitted an application for annexation and zoning of 7.58 acres of land to the R-8(Medium Density Residential)zoning district on the property listed in Exhibit "A", under the Unified Development Code,which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMEN'rAGREEMENT TE`IHEROW CROSSING SUBDIVISION(H-2020-0I 12) PAGE I OF 8 Item#13. 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 23`d day of February, 2021, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B"; and 1.8 WHEREAS,the Findings require the Owner and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner and/or Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the Cityof Meridian on. December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in frill. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER: means and refers to Dennis Creek whose address is 770 E. Clear Creek Dr., Meridian, ID 83646, hereinafter called OWNER, the parties that own said Property and shall include any subsequent owner(s)of the Property. DEVELOPMENT AGREEMENT—TE-THEROW CROSSING SUBDIVISION(H-2020-01 12) PAGE-2 OF 8 Page 302 Item#13. 3.3 DEVELOPER: means and refers to and Hayden Homes Idaho, LLC, whose address is 1406 N. Main St., Ste 114, Meridian, ID 84641 the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as in Exhibit"A" describing a parcel to be annexed and bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations for the single-family dwellings included in Section VI of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B" and the provisions contained herein. b. The rear and/or sides of 2-story structures on Lots 15-22 of Block 3 and Lots 2-3 of Block 4 that face W. Ustick Rd. shall incorporate articulation through changes in two or more of the following:modulation(e.g.projections,recesses,step-backs,pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. c. Lots 2-5, Block 2 shall be limited to one story in height. d. A 6' tall privacy fence shall be constructed along the eastern property boundary, except for areas along common open space that must have visibility per the fencing requirements of UDC 11-3A-7. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT—TETHEROW CROSSING SUBDIVISION(H-2020-01 12) PAGE 3 OF 8 Page 303 Item#13. 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 and Cure Period. In the event of Owner and/or Developer's default of this Agreement, Owner and/or 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 and/or Developer that is not cured after notice as described in Section 7.2, Owner and/or 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 and/or Developer reserve 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 and/or 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 by either Owner and/or 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 and/or 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 and/or Developer shall,immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. DEVELOPMENT AGREEMENT—TETHEROW CROSSING SUBDIVISION(H-2020-01 12) PAGE 4 OF 8 Page 304 Item#13. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owner and/or Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits,certified check or negotiable bonds, as allowed under the UDC,to insure the installation of required improvements,which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER: DEVELOPER: Dennis Creek Hayden Homes Idaho, LLC 770 E. Clear Creek Dr 1406 N. Main St. Ste 114 Meridian,ID 83646 Meridian, ID 83646 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent DEVELOPMENT AGREEMENT—TET14FIZOW CROSSING SUBDIVISION(H-2020-01 12) PAGE 5 OF 8 Page 305 Item#13. jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property,or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owners and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owners and/or Developer have fully performed their obligations under- this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner and/or 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 and/or 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. DEVELOPMENT AGREEMENT—TETHEROW CROSSING SUBDIVISION(H-2020-01 12) PAGE 6 Or 8 Page 306 Item#13. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: DEVELOPER: Hayden Homes Idaho, LLC Dennis CreekDavid d�dS Its: �j,n-h�ol��✓ CITY OF MERIDIAN ATTEST: By: — — Mayor Robert E. Simison 3-23-2021 Chris Johnson, City Clerk 3-23-2021 DCVC-LOPMEW AGREEMENT—T[TFICROW CROSSING SUBDIVISION(H-2020-01 12) PAGE 7 OF 8 Page 307 Item#13. STATE OF IDAHO } ss: County of Ada ) On this _ day of , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared Dennis Creek known or identified to me to be person who signed above 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) Notary Public for Residing at: My Commission Expires: ORe&0 r) STATE OF-H%kffO } ss: County of r Ada ) On this day of 1N1C , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared _Q3l9 I d W00dF1 known or identified to me to be the O t( of Hayden Homes Idaho,LLC,and the person who signed above and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) OFFICIAL STAMP KIMBERLY DIANE GUTHRIE V irv,y-,:,�\q 0. C.t yung-ie NOTARY PUBLIC-OREGON Y Public Notary for n COMMISSION NO.987928 _ N1Y COMMiSSION EXPIRES A,MY 20,2023 Residing at: Qj?,--110 lc:Z, My Commission Expires: �.oAoa3 S TATE OF IDAHO ) ss County of Ada } On this23rd day of March 2021,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian,Idaho Commission expires: 3-2 8—2o22 DEVELOPMENT AGREEMENT—TETHEROW CROSSING SUBDIVISION(H-2020-01 12) PAGE 8 OF 8 Page 308 Item#13. 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: DEVELOPER: Hayden Homes Idaho,LLC Dennis Creek By: Its: CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 3-23-2021 Chris Johnson, City Clerk 3-23-2021 DEVELOPMENT AGREEMENT—TETHEROW CROSSING SUBDIVISION(H-2020-0112) PAGE 7 OF 8 Page 309 Item#13. STATE OF IDAHO ) : ss: County of Ada ) On this r- day of 0 if ON , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared Dennis Creek known or identified to me to be person who signed above 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) Notary Public for rAcl o KIAHNI FREEMAN Residing at: V`v j `�.- I n h n COMMISSION#20201674 NOTARY PUBLIC My Commission Expires: �C� -p 7�OZ V STATE OF IDAHO STATE OF IDAHO ) ss: County of Ada ) On this day of , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the of Hayden Homes Idaho,LLC,and the person who signed above and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Residing at: My Commission Expires: S TATE OF IDAHO } ss County of Ada } On thisday of_ ,2021,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Commission expires: DEVELOPMENT AGREEMENT—TETHEROW CROSSING SUBDIVISION(H-2020-01 12) PAGE 8 OF 8 Page 310 Item#13. Exhibit A legal Description Proposed Annexation Tetherow Crossing Subdivision A parcel t ei'rg located in the SW'/a of the SW'/d of Section 36 Township 4 North Range 'i 'West, Boise Meridian City of Meridian.Ada County Idaho and more panic-o[arly described as foli•+-j5 Commenclnig at a grass Cap rnanument marking the southWest cornier of said Section 36, from oih chi a grass Gap monument marking that sotjtheeast corner of the SWN%of said Sectis i 36 gars S 58°43'02" E a distance of 2662 34 feet: Thence alorig tr,e sou'herly 1joundary of said SW'/4 S 83'43 02" E a distance of 665 63 feet to the POINT OF BEGINNING, Thence leaving sand Routheriy I-oundary N 0"17'23 E a distance o7 48 00 feet to a point on the noriberty right-of=Quay of W LJsl& Rood Thence continuing N U l7'23' E a distance of 787 24 feet to ,a paini; Thence N 89*51 54" E a distance of 274_59 feet to a point on the westerly boundary of Woodbum 1NEs1 5ubdiviocn No 2 as shown in Boni( I I I of Flats on Paues 16040 through 16044, record; of Ada CQunly Idaho Thence along said westerly boundary of Wmdbrtrn West Sulbdi,won No- 2 the following de5cri ed courses Thence S 14-45A2" E a distance of 356.68 feet ie a paint, Tt3Lncr-S 81'01'42" E a distance of t2$46 feet to a point: Thence leaving seid westerly boundary S 0'02'28"1!V a distance of 434.45 feet to a point on said northerly rigs t-of-way of W L15tI(-k Road, Tfience continuing S 0°'02'28" W a distance of 48 00 feel to a mint on the southerly boundary of t+ee SYU Y4 of the SW Y of said Section 36 Thence along said southe•ly boundary N MB'43 02"W a distance of A93 39 feet to the POINT OF BEGINNING Ths parcel contains M2 acres and is sal�ect to any eAsements o.,, L LA e'er existlr)g Gr ill use Ciinton W_ Hansen, PLS Land Svlutlons, PC Octacer 8, 2020 �� r 4�� '�� `�• 1� Tetherow Crossing Subdivision H-2020-011 Page 311 EXHIBIT A Item#13. Annexation Legal Description and Exhibit. CITY OF MERIDIAN ANNEXATION TETHEROW CROSSING SUBDIVISION 1/4 L0CATE0 IN THE SW 114 OF THE SW 114 OF SECTION 36,TAN-, R.1 W., B.M. 35- 36 CITY OF MERIDIAN, ADA COUNY, IDAHO I iti c'.r- x 7•� F py125,46]. O L L� o PROPOSED ANNEXATION Z i - - U2 ACRES v 4F S T � I 4 + V11. -� N O o a 11118 w POINT OF BEG04NING 6J' b 35 ?6 I e 65. _ t72 23� _ 1.331 4 35 .pg' 1 W. USPCK I , N88 43'02"W 493,39' w /160 S88'43b2"E 2fisT.34' . ....—•A'SIS 9E01W............. 4' 75' 1 ? 300" LA nd lotion - - --Isnd SumyiK end Cmaulting zm€.bIHSI.$'rE R kCMIAM HS 4JUd2 (z-s12W ZD40 12oEt 29t 25Si 1 : Tetherow Crossing Subdivision H-2020-0112 Page 312 EXHIBIT B Item#13. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW (:�VEI�ty AND DECISION & ORDER In the Matter of the Request for Annexation of 7.58 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of Forty-Six(46)Buildable Lots and Eight(8)Common Lots for Tetherow Crossing Subdivision,Tim Mokwa,Hayden Homes. Case No(s). H-2020-0112 For the City Council Hearing Date of: February 9, 2021 (Findings on February 23, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 9, 2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 9, 2021,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of February 9, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 9, 2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TETHEROW CROSSING—FILE H-2020-0112) - I - Page 313 Item#13. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 9,2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation,zoning to R-8 and preliminary plat for 46 buildable lots is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 9,2021,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period. Additional time extensions up to two(2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TETHEROW CROSSING—FILE H-2020-0112) -2- Page 314 Item#13. determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of February 9, 2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TETHEROW CROSSING—FILE H-2020-0112) -3- Page 315 Item#9. By action of the City Council at its regular meeting held on the 23rd day of February 2021 COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 2-23-2021 Attest: Chris Johnson 2-23-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-23-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TETHEROW CROSSING—FILE H-2020-0112) -4- Page 181 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT 3 H HEARING 2/9/2021 Le gen o 0 DATE: TO: Mayor&City Council FROM: Alan Tiefenbach -21 208-884-5533 I i_ Bruce Freckleton,Development El Services Manager 208-887-2211RED L _� SUBJECT: AZ,PP H-2020-0112 Tetherow Crossing Subdivision k IElm WN LOCATION: The site is located northeast of N. Linder EEF Rd and W. Ustick RdFFFFP L PROJECT DESCRIPTION Annexation, zoning from Ada County RUT to R-8, and preliminary plat to allow 46 building lots and 8 common lots on 7.58 acres of land. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 7.58 Future Land Use Designation Medium Density Residential 8-12 du/acre Existing Land Use(s) Vacant Proposed Land Use(s) Single Family Residential Lots(#and type;bldg./common) 46 building lots,8 common lots Phasing Plan(#of phases) 1 phase Number of Residential Units(type 46 of units) Density(gross&net) 6.07 Open Space(acres,total 15.12%total, 13.46%qualified open space.This includes [%]/buffer/qualified) '/z of 5,134 sq. ft. of buffers. Amenities 33,457 sq. ft. open space with playground,trash,and pet station. Physical Features(waterways, A ditch parallels the property on the east perimeter. hazards,flood plain,hillside) Neighborhood meeting date;#of October 15,2020—4 attendees attendees: History(previous approvals) There was a previous proposal to annex and rezone to R-8 to allow 35 single family lots in 2006.This was Page 1 Page 317 Item#13. Description Details subsequently denied by the Council(AZ PP H-06-030). Significant reason was listed as"piecemeal development." At the present,City property has been annexed south,east, and west of the property. B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State Direct access from W.Ustick Rd. Hwy/Local)(Existing and Proposed) Traffic Level of Service Greater than E Stub Street/Interconnectivity/Cross 5 points of access—3 stubs,one southern connection to W. Access Ustick Rd and eastern connection to W.Woodpine St. Existing Road Network No existing internal streets,W.Woodpine St.to the east and W.Ustick Rd to the south are existing. Existing Arterial Sidewalks/ W.Ustick improved with 5 lanes,bike lanes,curb,gutter Buffers and 5-foot detached sidewalk. Proposed Road Improvements Applicant will construct all internal roads to 33' in width. Distance to nearest City Park(+ .5 mile to Settler's Park,a 60-acre Regional Park. size) Distance to other key services Fire Service • Distance to Fire Station 1.7 miles to Fire Station 2 • Fire Response Time <5 minutes • Resource Reliability 85% • Risk Identification 2,resources are adequate • Accessibility Yes • Special/resource needs Aerial device will be required • Water Supply 1,000 gpm required • Other Resources None Police Service—No Comments • Distance to Police Station 4 Miles Ada County Schools Impacted Schools Hunter ES— 1.6 Miles Sawtooth MS—.5 Miles Rocky Mountain HS— 1.6 Miles Capacity of Schools Hunter ES—675 Sawtooth MS— 1,000 Rocky Mountain HS— 1,800 #of Students Enrolled Hunter ES—504 Sawtooth MS—905 Rocky Mountain HS—2,412 Estimated#of students generated by development Hunter ES— 15 Sawtooth MS—8 Roc Mountain HS— 10 Page 2 Page 318 Item#13. Wastewater • Distance to Sewer N/A Services • Sewer Shed Five Mile Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14 • Project Consistent with • Additional 88 gpd committed to model WW Master Plan/Facility • Piping coming in/out of SSMH#2 needs to have a Plan minimum angle of 90 degrees. • Since property to the north is not a phase of this project Road number 4 sewer line needs to end in a manhole at the northern end. Water • Distance to Water Services 0 • Pressure Zone 2 • Estimated Project Water See application ERU's • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns Water connection to the west must line up with layout of Edington Commons Project Area Maps Future Land Use Map Aerial Map Legend Legend �I F }�o+Luca � �P�aj�+ct L�_:-_ • . . IX .a •c, l i De R Si entica�l Page 3 Page 319 Item#13. Zoning Map Planned Development Map Legend M F� Eio Legend - 5 F-oJec, Lcoa-Fon Y l F=o ec Loco'�ar+ R-4 — P-a.rre-d Far^e;s - RUT LIT R.1 S _ Effm 67C jjl-- ,ail a i { 17 �i s i - TN R RUT p ! ! R-8- z J [ a r � _ RU E2R= oaf Applicant Information A. Applicant Representative: Hayden Homes Idaho, LLC— 1406 N. Main St. Ste 114,Meridian, ID 83642 B. Owner: Dennis Creek—770 E. Clear Creek Dr,Meridian,ID 83646 III. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 1/22/2021 Radius notification mailed to properties within 300 feet 1/19/2021 Nextdoor posting 1/19/2021 Sign Posting 1/25/2021 Page 4 Page 320 Item#13. IV. STAFF ANALYSIS A. Annexation: The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is recommending a development agreement as part of the annexation approval. B. Future Land Use Map Designation(hops://www.meridiancity.org/compplan) This property is designated Medium Density Residential on the City's Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The annexation area is near existing public services and is surrounded on three sides by the City limits. The proposed land use of single family residential is consistent with the recommended uses in the FLUM designation. The proposed project has a gross density of 6.07 du/ac, meeting the required density range listed above. Therefore, Staff finds the proposed preliminary plat and requested R-8 zoning district to be generally consistent with the Future Land Use Map designation of Medium Density Residential. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section IX.A. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. C. Comprehensive Plan Policies(hops://www.meridiancity.org/compplan): • Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents. (2.01.02D) The proposed single-family detached homes will contribute to the variety of residential categories in the City; however, there is no variety in housing types proposed within the development. There are other housing types, multi family and attached single-family within the subject square mile. The FLUM recommends densities of between 3 and 8 dwelling units per acre. Given this density recommendation, likely any resulting housing would be single-family. • With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities."(2.02.01A) The proposed plat depicts 5'sidewalks on both sides of all local roads. A 33,457 sq.ft. open space with playground and seating area is toward the center of the development. A 5'wide pathway connects from the primary internal north—south street(NW 13rh St) across this open space and connects to an existing pathway which runs along a ditch to the east. This pathway is shown to connect to a future pathway to the north of the property that provides access to Sawtooth Middle School. There is also a micro pathway across a common lot connecting to the vacant commercial property to the west. There are multi-modal routes proposed both to the development and within the development. Page 5 Page 321 Item#13. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) Attached sidewalks are proposed on both side of all streets. Sidewalks will be completed to the terminus of all stub streets which would connect to any future development.As mentioned, there is a walkway which connects to a pathway along the existing ditch pathway to the east, and another pathway which stubs to any future development to the west. "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) Water will be provided from a connection which is available at each end of W. Woodpine St. Water will be stubbed to the vacant parcel located to the southwest of the site. Sewer will be extended from an existing sewer stub located within the W. Woodpine St.and from an existing gravity sewer located in W. Ustick Rd. • Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction. (2.02.02F) To the northwest of the subject property is Edington Commons, a subdivision of 92 lots averaging 3,700 sq.ft and zoned R-1 S (single-family attached and detached)which was approved in November 2020. To the east of the property is the Woodburn West Subdivision, zoned R-8 with lot sizes in the 5,000—6,000 sq.ft. range. The property southwest of the subject property is zoned C-C(recommended for Mixed Use Community) and was proposed for townhouses in 2018 but was subsequently withdrawn. This development proposes architecture consisting of one-and two-story homes with pitched roofs, stone bases and/or lap siding with gabled roofs and dormers comparable to what has been approved with the Edington Commons Subdivision to the west. Staff believes the proposed average of lot size of 4,000 sq.ft. would provide an appropriate transition from the 6,000 sq.ft. lots to the east(Woodburn West), the 3,700 sq.ft. lots to the west(Edington Commons)and the property at the northeast corner of W. Ustick Rd. and W. Linder Rd which is recommended for Mixed Use Community(meaning higher density and commercial uses could be appropriate). In order to ensure compatibility and quality of design with existing and approved residential uses surrounding the property, staff recommends a condition that rear andlor sides of 2-story structures on Lots 15-22 of Block 3 and 2-3 of Block 4 that face W. Ustick Rd incorporate articulation through changes in two or more of the following:modulation (e.g.projections, recesses,step-backs,pop-outs), bays, banding,porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. • Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads,and promoting local and collector street connectivity. (6.01.02B) The proposal includes five points of access. Three of these are local stub streets, with two connections to existing streets-one of which is W. Ustick Rd, an arterial. An access from W. Ustick Rd to this property already exists via Llama Ln. This proposal would eliminate Llama Ln. and create a new public street, NW 12`h Dr which will align with existing NW 12`h Dr. on the opposite side of W. Ustick Rd. (to the south). ACHD supports this as the road alignment Page 6 Page 322 Item#13. would be better than what exists, and there would be slightly better intersection separation from the intersection off. Linder Rd. and W. Ustick Rd. (See Access, Section G below for more information). D. Existing Structures/Site Improvements: The property is presently vacant. E. Proposed Use Analysis: Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning districts in UDC Table 11-2A-2. F. Dimensional Standards(UDC 11-2): The preliminary plat and future development is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district.All lots proposed meet the minimum 4,000 sq. ft. requirements,and future structures should comply with the minimum setbacks of the district. UDC 11-6C-3-regulates block lengths for residential subdivisions. Staff has reviewed the submitted plat for conformance with these regulations. The intent of this section of code is to ensure block lengths do not exceed 750 feet, although there is the allowance of an increase in block length to 1000 feet if a pedestrian connection is provided. The longest block length(Lots 2- 12,Block 3)is 440 feet. All proposed lots and public streets appear to meet UDC dimensional standards per the submitted preliminary plat. This includes property sizes,required street frontages of at least 40', and required road widths.Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets, common driveways and block face. One common driveway is proposed with this subdivision. The applicant has provided a common drive exhibit which demonstrates 3 units are served whereas a maximum of 6 units are allowed. The common driveway meets the minimum width of 20' and does not exceed the maximum length of 150'. Solid fencing adjacent to common driveways is prohibited,unless separated by a minimum five-foot wide landscaped buffer. The landscape plan does reflect a 5' wide buffer to the north separating the common driveway from a 4' high solid vinyl fence with 2' lattice top. North of this fence is an approximately 18' wide common lot containing a pathway to the west. G. Access(UDC 11-3A-3, 11-3H-4): This development proposes five points of access. Two points of access are to existing streets. There will be a connection to existing W.Woodpine St.which serves the Woodburn West Subdivision to the east,and there will be a connection to W. Ustick Rd(arterial)to the south. Access from W.Ustick Rd presently occurs via N. Llama Ln,which runs north-south. This proposal would eliminate N. Llama Ln. and construct a new north-south road slightly to the east which would align with existing NW 12'Dr. on the south side of W. Ustick Rd. Although the new access for NW 12'Dr. will not meet ACHD spacing requirements of 1,320 ft. from the N. Linder Rd./W. Ustick Rd. intersection,ACHD supports an exception from this policy. This is because the new road would align with an existing one, and the distance from the intersection is slightly more than what is existing. All internal roads in this development are proposed to be built to ACHD standards with 33-foot wide local street sections with curb, gutter, and 5-foot wide Page 7 Page 323 Item#13. concrete attached sidewalks.W. Ustick Road is already improved with 5-travel lanes,bike lanes, vertical curb,gutter,and 5-foot wide detached concrete sidewalk abutting the site. Three internal stubs are proposed. One stub is proposed to the north to unincorporated vacant property,one stub is proposed to the west to connect to W. Woodpine St. in Edington Commons (final plat approved Nov 4,2020), and a third stub is proposed to the east(existing single-family home and telecommunications equipment which will likely redevelop in the future). The preliminary plat reflects an access easement across to a northern property which is not part of this subdivision, and notes it is unknown whether or not this access easement is granted or recorded.As this northern property is essentially landlocked, as a condition of approval, staff recommends that prior to signature of the City Engineer on the final plat, a new temporary access easement be granted to this property until such time as W.Woodpine St. and N. Llama Way is constructed to the property and dedicated as public right-of-way. ACHD has reviewed this proposal,notes it will generate 434 vehicle trips per day, and supports it as proposed. ACHD requested a note to the plat prohibiting direct access to W. Ustick Rd,which has been added. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 1I- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future development should comply with these standards. The preliminary plat reflects an additional 30 on-street parking spaces. These would not be used in the calculations for required parking. I. Pathways ( UDC 11-3A-8): Three micro-pathways are reflected on the landscape plan. A 110' micro-pathway is proposed from the internal road to the C-C zoned property to the west.,and there are two micro-pathways connecting from the central park amenity(Lot 1,Block 6)to an existing pathway along a ditch to the east. The ditch pathway is shown to connect to a future east-west regional pathway to the north. All proposed pathways meet UDC 11-3A-8 with at least 15' wide easements(or common lots), at least 5' of landscaping on either side, and one tree per 100 linear feet. Fencing along these micro-pathways is shown to be 4' solid vinyl with 2' lattice open top. J. Sidewalks(UDC 11-3A-17): Five-foot attached sidewalks are proposed along internal streets in accord with the standards listed in UDC 11-3A-17. K. Parkways (UDC 11-3A-17): No parkways are proposed with this development. L. Landscaping(UDC 11-3B): The landscape plan reflects 15.12%of total open space. This includes several small landscaped areas on either side of the N. Llama Way stub,25' buffer along W. Ustick Rd, several pathway common lots, a central open space, and landscaping at the northeast side of the property adjacent to the ditch. UDC 11-3B-7 requires street buffers with detached sidewalks to be measured from back of curb. As measured from back of curb,approximately 13' of the required 25' landscape buffer along W. Ustick Rd is located within ACHD right-of-way. Per UDC 11-3B-7-05,the applicant shall be Page 8 Page 324 Item#13. required to obtain a license agreement with ACHD prior to City Engineer signature on the final plat. There are existing trees that meet the requirements for preservation or mitigation,particularly in the vicinity of the ditch at the northeast portion of the property. The City Arborist has noted he has had preliminary discussions with the applicant regarding which trees should be preserved versus may be removed, although staff as of yet has not received a tree mitigation plan. This will be required with the final plat. M. Qualified Open Space (UDC 11-3G): 13.46%of qualified common open space is proposed. This includes a 33,457 sq. ft. central park feature(Lot 1,Block 6), '/z of the 25-foot-wide buffer along W. Ustick Rd., a 3,867 sq. ft.pet amenity and seating area(Lot 1,Block 3) and a 1,970 sq. ft.pathway common lot(Lot 13 Block 3). N. Qualified Site Amenities (UDC I1-3G): Based on the area of the proposed plat(7.58 acres),a minimum of one(1)qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3. The applicant proposes a 33,457 sq. ft. central park with a playground and two pathway connections. This meets the requirement for a minimum of 50' x 100' to be credited as qualified open space, a recreation amenity(playground), and the additional 20,000 sq. ft. required to be credited as an additional amenity. The central park exceeds the minimum landscape requirements of one deciduous shade tree per eight thousand(8,000) square feet and lawn. It also contains two pathways that connect to an existing pathway along an existing ditch, and these two pathways are landscaped with at least 5' landscaping on either side and 1 tree per 100 linear feet. Because the pathways meet the landscaping requirements, are not required sidewalks and connect to existing pedestrian and bicycle routes outside of the development(pathway along the ditch),these pathways would be also be considered an amenity. The proposal exceeds the requirements of UDC 11-3G-3 and is a located in an appropriate location taking advantage of being central to the development and adjacent to an existing ditch and pathway. O. Waterways(UDC A ditch is adjacent to the property at the NE. This ditch will need to be piped per UDC 11-3A-6. P. Fencing(UDC 11-3A-6, 11-3A-7): The landscape plan reflects existing fencing along the northwestern perimeter of the property. New 6' solid vinyl fencing is proposed along most of the remaining perimeter of the property. 6' vinyl lattice top fencing is proposed along both sides of pathway Common Lot 13,Block 3,most of the periphery of Central Park Lot 1,Block 6 except for the eastern portion adjacent to the ditch, and Common Lot 1, Block 3 (the dog station). The fencing appears to meet the requirements of 11-3A-6 and 11-3A-7. Q. Utilities (UDC 11-3A-21): Water is available from W.Woodpine St. Sewer is available from W. Woodpine St. and from a main in W.Ustick Rd. Water and sewer will be stubbed to the vacant property located to the southwest. Pressure irrigation will serve all lots. The system will be owned and operated by the homeowner's association. Surface water is delivered to the site at the southeast corner of the property along W. Ustick Rd. Page 9 Page 325 Item#13. R. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted sample elevations of the single-family homes for this project(see Section VI.F below). The single-family homes are depicted as two-story structures with two-car garages, and a variety of architectural elements and finish materials including gabled roofs,dormers, stone wainscoting, lap siding, exposed timber, and scalloped wood shingles. The submitted sample elevations appear to meet design requirements for single-family homes but do not include elevations of the sides or rears of structures. As noted in the Comprehensive Plan section, some of the houses will be very visible from W. Ustick Rd. Therefore, staff recommends a condition that the rear and/or sides of 2-story structures on Lots 15-22 of Block 3 and 2-3 of Block 4 that face W. Ustick Rd. incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step- backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. V. DECISION A. Staff: Staff recommends approval of the requested annexation, zoning and preliminary plat with the conditions noted in Section VII.per the Findings in Section VIII. B. The Meridian Planning&Zoning Commission heard this item on January 7, 2021.At the public hearing.the Commission moved to approve the subject annexation and preliminarynlat request. 1. Summary of the Commission public hearing_: a. In favor: Tim Mokwa,Ross Erickson b. In opposition:None C. Commenting: Tim Mokwa. d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony: a. Citizen identified himself as Rick Wagner.the owner of the property directly to the east of the subject property. Expressed concern regarding potential obstructions to the ditch along E. Ustick that he uses for flood irrigation, and the road that is proposed to stub at his property. Requested applicant construct a barrier along the property_ line, such as a fence. 3. Key issue(s)of discussion by Commission: Page 10 Page 326 Item#13. a. The Commission inquired into whether the proposed open space in Lot 1,Block 6 adjacent to the ditch backed directly to existing single family residences, and whether open style fences would be used in this area to preserve visibility. b. The Commission had significant discussion regarding whether access should be provided to the commercial lot at the west and their concerns that if access was not provided, it would further limit commercial viability for this lot. 4. Commission change(s)to Staff recommendation: a. Delete condition lc regarding the temporary easement. as this easement has already been recorded. b. Add a requirement to the development agreement requiring Lots 2-5 of Block 2 to be limited to one-story. C. Add a requirement to the development agreement that 6' vinyl fencing shall be installed alone the perimeter of the property from the common area to the north, and the common area to the south to W. Ustick Rd. 5. Outstanding issues for Council: a. The Commission recommended for the Council to discuss cross-access to the commercial property to the west as it had been a significant issue of concern for them. Following the Planning Commission meeting,the applicant scheduled a meeting with ACHD to discuss this issue. ACHD submitted written correspondence that they did not support this connection. That correspondence has been included in the agency comments section below. C. The Meridian City Council heard these items on February 9,2021.At the public hearing.the Council moved to approve the subject annexation,zoning and preliminary plat requests. 1. Summary of the City Council public hearing: a. In favor: Tim Mokwa Ross Erickson b. In opposition: None C. Commenting: Tim Mokwa d. Written testimony:None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: None 2. Key issue(s)of public testimony:None 3. Key issue(s)of discussion by City Council: a. Council discussed potential connections to the western property and why ACHD would not allow a connection through that property when they allowed a connection through Edington Commons. 4 City Council change(s)to Commission recommendation: None Page 11 Page 327 Item#13. VI. EXHIBITS A. Preliminary Plat(date: 11/9/2020) I II ti5 5 �a.rh 32, r11. I Rvr I Ire YA MIr�Irr+JeeII,Y�v7eIS.7r -i._ w16lpl�a.r�rsrs,i,�. I "a L - -I - I - - - t. a •.� �� +III �111�4 R-16 PI� I I -- F-- I 31 � � I Y �'I'I I4� I L*• '—+,�s EL tiq r I � - - �� I - -- ir 1 I II 11 1 r l ' I I pl E F I T T DOG Y WkI Aov GI Ar ro—ol Page 12 Page 328 Item#13. B. Landscape Plan(date: 11/9/2020) t ' I I 'I IIIII I I I II II �•"� M1.�,•�� ...:!I. I II II sx� I I III II II I _ __ _ _ - - • * I I Ih I I I F IIIII II � •. � I-�'lll 'I �,•�'� - I'IYYI I _ 1'YI 6 — - -- 1 I � ,1' I I I'.� •� '4 I°I IIII IIII I '7 ri• T I I IIII 11 I 1 II t �T,+'�J C�+�� ' �`� S -3 ;• I IIII I I I I II '�L FATr� I ' •'• IIII. I I I I ;s +e-��r�c�i;' ''• - ' IIIII I III I I I� f'•, IY I I IIIII I I IIU I I IIII I I• I I•III II r•-I 'ti.a:.�F-. _ }. �ti•' I -IIII 1 I �-:.F � _ ti.{t•.S7L''4 '' I11 III 4111-- 171 4.. .',f°?'v' 'I •IIII IIII c 1-3 rd-MTae I rT T 1 t ' -I - --- 9 5 ,_. 11 fix•. I` __ I - I I p s I I I F-H-IFL IIF; I.T !tea .I�` I �11�_1 i += # Iril 1, 'TrF IN r.rIJ4 _ III 11I II' I III I Tv _I�] ll Ir] IE-3 Ph, I xx-F I } I I III II I JIy ' I �I H II .`.IY'..I IIII I L1`•g6S`./5PC IIII I I a 11 Lll IFI I rl' -r1I I I'F I'1' TYF.S i .+ � :�—: .. l ..-• -'T. � S:r S.S.Q. � � Y •�' F !..13 d Page 13 Page 329 Item#13. C. Color Landscape Plan(date: 11/9/2020) i. _ 1 N}J_,IF1f, TAITY7Ff: ��'_ - nax exr+-� a_� � ..a I ,-a I -a .•.�#�'�� trL ul�mcx ram. u. I 'y DVMHGM AMA - � r Tdr?L rLFEOl.�Tom+. IINI 6LA65 I fh-dM5 PictOLaL r I I a-c Ephil b YREES W TQTt `I } L - P�55N f8 axwTC i 1�5 1 545y • .._ - _ �+ .-� IL 7••1 .: 117 TLt.APPA TO ge I ` ,� #ti-Vigil.I.f'TT4GE J S =_�rrx Pw F9i£AD T Tt7 FOR MMUL TO" • I r aft 1 _ PAT'W1+LY TF7 -PRYM 3-3 r'RYM°T9f''R.T-6-rmt i , F GlSCNCis. - GLIJ5''M `ti• r-4 M I 4-5 1 FI N1 , I f �=' I T-7 I II-E 1 T�+P,I 13_j 1 ' Imo} IFe IF-} I In-.5 I li.-] I I JIM } i o _— Page 14 Page 330 Item#13. D. Open Space Exhibit(date: 11/6/2020) TETHEROW CROSSING SUBDIVISION F-1 QUALIFIED OPEN SPACE(11 3C,3-B A) QUALIFIED OPEN SPACE(11-3&3-B.1 A;—1 (5UXl W AND PLAYGROUND AMENITY) F-1 OUALIFIED OPEN SPACE MICRO-PATHWAY(11-3G-3-1) F—] OUALIFIED OPEN.SPACE E.ATI NG, PET STATION AMEN ITY(11-3G NON-01JAUFIED OPEN SPACE F-1 r -,--r-.lMGN-S Ea DWIEWAY F7BUILDING LOT _ � B EjGHT�I WAY COMMON km&RuffEF* QUALIFIED QLIAUFIED ACTUAL OPEN OPEN AREA $PACE SPACE (5F) CkENT I EA(SN MA.LF OF 25-FOOT W.USTICK R'G.BUFFER(11-3G•3,&.41 5,1m 10D.1/o- 5,134 PLAYG ROUND&OPEN SPACE LIST 1-5[50'M 200'MIN,. 33,457 1D7y6 32,457 OPE N SPACE BENCM E5r TRA$1d,,PU STATI ON-LOT 1-3 S,267 10 6 3,967 MICRO-PATNWAYSLOT 13-S 11970 1o19€. 1,970, OPEN SPACE-OTHER NON QUALIFIED' 3.07 CPA SHARED DRIVEWAYS 2,409 01A TOTAL C)P N SPAtF A%a94 $P 44,429L SF QUAVIED-OPENSPACE PWVIDED-, A429 13�46�6 TOTALCIPEN SPACE PROVI€1ED7 49,894 5: r 15-12V Page 15 Page 331 Item#13. E. Common Driveway Exhibit(date: 11/6/2020) i IA71 'F- 0.)NC.RFTF TRASH-lAn 5�.. 4'. a ^ 4•'iTr4 CONCRETE Sh[ARE DRIVEWAY, M Ll FROKT FROST I I I I--9UILCINGSETBACKS I I I ` SETBACKS L: a :Irar; €*� •.�: I 10-F I I 17 F I — s — I I I • ' I I I � +J0 5.[C' I I :s,g ' S,00 5AO' I I I FENCE(TYP,) I I I I rQ _t F Page 16 Page 332 Item#13. F. Building Elevations am I� I w•�:i Page 17 Page 333 Item#13. G. Annexation Legal Description and Exhibit. CITY OF MERIDIAN ANNEXATION TETHEROW CROSSINGUBDI VISI N 1/4 LOCATED IN THE SW 114 OF THE SW 114 OF SECTION 36,TAN-, R.1W.. B.M. 35 3s kTY OF MERIMAN, ADA COUNY, IDAHD I I N89'S1'S4°f 74.55' , S�- I 725.4g. S8r'01'42-E I s � PROPOSED ANNEXATION 8.12 ACRES L L14�1fp S S T 11118 { 106 2 or W. POINT OF c BEMING — I ;723' 1331 2 1 W. tJS'PCK RD, N88'4��02 493,39' w t/1 - I S88'43'02"E 26s?.34'"kSIS OF FEARING Land ofution Surveying and Consulting Z37E 5-1HSI VE A NICpIUIWI U d'JGe� �.kmcmaluj�be {�07!F.��M6 I'?Iltli 39b2}}!lax Page 18 Page 334 Item#13. Legal Description Proposed Annexation Tetherow Crossing Subdivision A parcel being located in the SV4''f of the SW', al S Ec',ian 36 Township 4 North, Range 'i West, Boise Meridian Civj of Merl ian, Ada County. Idaho and more particularly d4'cdbed as!'allows. Commencing at a Brass Cap rnonurnent marking the south west earner of said Section,36, from whrch a Brass Cap montiment marking the soutr,east currie-r of the SW yl of 5ald Soalon 36 tiear5 S 198"43'€12" E a distance of 2662.3+4 feet: Thence along the southerly ttouridary of said SW 1/4 S 88'43M" E a di3tanc& of 665 6 feet to the POINT 4F BEGINNING, Thence leaving said southerly boundary N 0172Y E a distance c1i46.00 feet to a paint art the northerly rigHL-of-way of W. Ustick Road- Thence continuing N U"d 7'23" E a distarce of 787 24 Beet to a poini, Thence N 89`51'5+4" E a distance of 274.59 feet to a point on the westerly boundary of Woo<jburn West Subdivision No. 2 as shown 0 Boots t 1 i of Plats on Pages 16040 through 16044, record$ rsf Ada Cocinty Idah u Thence along said westerly bcunoan) of Woodrum Was[ Subdivision No. 2 the following desrn bed warse5 Thence S 14'45A2" E a distance of 356,68 feat to a Pant, Thence S 8t°01'42" E a distance of t25 46 fast to a p4Fni; Ttlence leaving said wesferty boundary S i}"02'28"VV a distance of 43A.45 feet to a point on sate rtorthiarly right-of-Way of W Ustick Road. Thence continuing S C"02'28" W a distance ct 48 00 ieet to a paint on the sokfi7erly boundary of the S'VV%V of Me SW X of said.Suction 36- Thence along said southerly boundary N BB`43'02"W a distance of 493.39 feet to the POINT OF BEGINNING. This parcel contains B-12 acres and is sijbfect to arty eAsements kp,L LA Na' existing oT in i�se. �5 7€� � 0irf(on W. Hansen, PLS Land Soluttans, PC 10 Cie Octooer 6, 2020 X. �'6: Page 19 Page 335 Item#13. VII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations for the single-family dwellings included in Section VI and the provisions contained herein. b. The rear and/or sides of 2-story structures on Lots 15-22 of Block 3 and Lots 2- 3 of Block 4 that face W. Ustick Rd. shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. pfopefty to the fiefth. Said easement shall exist w4i! sueh time as W. Weedpi-ne, St. —mid- d. Lots 2-5,Block 2 shall be limited to one story in height. e. A 6' tall privacy fence shall be constructed along the eastern property boundary, except for areas along common open space that must have visibility per the fencing requirements of UDC 11-3A-7. L That City Council to consider cross-access to the commercial property to the west as it was a large concern for the Planning and Zoning Commission. 2. The Preliminary Plat included in Section VI, dated 11/9/20, is approved as submitted. 3. With final plat submittal,the Landscape Plan included in Section V1, dated 11/9//20, shall be revised to reflect a tree preservation and mitigation plan that is approved by the City Arborist as required per UDC 11-3B-10. 4. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B, as applicable. 5. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. 6. The applicant shall comply with the sidewalk and parkway standards as set forth in UDC 1I- 3A-17. Page 20 Page 336 Item#13. 7. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-313-13. 8. The ditch to the east shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses,as set forth in UDC 11-3A-6. 9. Pathway and adjoining fencings and landscaping shall be constructed consistent with the standards as set forth in UDC 11-3A-7A7, 11-3A-8 and 11-3B-12C. 10. The development shall comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to driveways, easements,blocks, street buffers, and mailbox placement. 11. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 12. The Applicant shall have a maximum of two (2)years to obtain City Engineer's signature on a final plat in accord with UDC 11-6B-7. 13. The Applicant shall comply with all conditions of ACHD. B. PUBLIC WORKS DEPARTMENT Site Specific Conditions of Approval 1. Additional 88 gpd committed to model. 2. Piping coming in/out of SSMH#2 needs to have a minimum angle of 90 degrees. 3. Since property to the north is not a phase of this project Road number 4 sewer line needs to end in a manhole at the northern end. 4. Water connection to the west must line up with layout of Edington Commons 5. The geotechnical investigative report prepared by GeoTek,Inc. indicate some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes. As noted in the Geotechnical Engineering Report, groundwater was encountered in all of the excavated test pits,ranging from 4.8' to 6.9' below ground surface. Particular attention needs to be focused on ensuring that all residences constructed with crawl spaces should be designed in a manner that will inhibit water in crawl spaces. This may include the installation of foundation drains, and the installation of rain gutters and roof drains that will carry storm water at least 10-feet away from all residences. Foundation drains are not allowed to drain into the sanitary sewer system, nor the trench backfill for the sewer and/or water service lines. General Conditions of Approval 6. Applicant shall coordinate water and sewer main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Page 21 Page 337 Item#13. 7. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 8. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms.The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review.Both exhibits must be sealed,signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to development plan approval. 9. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 12-13-8.3).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 10. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 11. All irrigation ditches,canals,laterals, or drains, exclusive of natural waterways, intersecting,crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 12. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B.Whitney at(208)334-2190. 13. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 14. Street signs are to be in place,sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 15. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping,amenities, etc.,prior to signature on the final plat. 16. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer,an owner may post a Page 22 Page 338 Item#13. performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 17. Applicant shall be required to pay Public Works development plan review,and construction inspection fees,as determined during the plan review process,prior to the issuance of a plan approval letter. 18. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 19. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 20. Developer shall coordinate mailbox locations with the Meridian Post Office. 21. All grading of the site shall be performed in conformance with MCC 11-12-3H. 22. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 23. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 24. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 25. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 26. A street light plan will need to be included in the civil construction plans.Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 27. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature.This surety will be verified by a line item cost estimate provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 28. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years.This surety will be verified by a line item cost estimate provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for Page 23 Page 339 Item#13. surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. MERIDIAN FIRE DEPARTMENT https://weblink.meridianciU.org/WebLinkIDocView.aspx?id=217408&dbid=0&repo=MeridianC Ly D. COMMUNITY DEVELOPMENT SCHOOLS REPORT https:11weblink.meridianciU.org/WebLink/Doc View.aspx?id=218948&dbid=0&r0o=MeridianC i &cr=1 E. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridianciU.or lWebLinkIDocView.aspx?id=217397&dbid=0&repo=MeridianC F. ADA COUNTY HIGHWAY DISTRICT (ACHD) https:Ilweblink.meridiancity.org/WebLink/Doc View.aspx?id=218091&dbid=0&repo=MeridianC hty G. ACHD COMMENTS ON SHARED ACCESS https://weblink.meridiancity.org/WebLink/DocView.aspx?id=219871&dbid=0&repo=MeridianCi ty H. WEST ADA SCHOOL DISTRICT https://weblink.meridiancity.org/WebLinkIDocView.aspx?id=218390&dbid=0&repo=MeridianC dy I. SETTLERS IRRIGATION https://weblink.meridiancity.org/WebLinkIDocView.aspx?id=217508&dbid=0&repo=MeridianC iv J. NAMPA MERIDIAN IRRIGATION DISTRICT hyps:11weblink.meridiancity.org/WebLink/Doc View.aspx?id=218520&dbid=0&repo=Meridian C iv VIII. FINDINGS A. ANNEXATION AND/OR REZONE (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds annexation of the subject site with an R-8 zoning designation is consistent with the Comprehensive Plan MDR FL UM designation for this property, if the Applicant complies with the provisions in Section VII. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Page 24 Page 340 Item#13. Council finds the lot sizes and layout proposed will be consistent with the purpose statement of the residential districts in that housing opportunities will be provided consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning map amendment should not be detrimental to the public health, safety, or welfare. Council considered any oral or written testimony that may have been provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and 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. 5. The annexation(as applicable)is in the best interest of city Council finds the proposed annexation is in the best interest of the City if the property is developed in accord with the provisions in Section VII. B. PRELIMINARY PLAT(UDC 11-611-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VII. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Council finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Council finds the proposed development will not be detrimental to the public health, safety or general welfare. Page 25 Page 341 Item#13. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) The applicant will be required to submit a tree mitigation plan that is approved by the City Arborist prior to final plat. Otherwise, Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 26 Page 342 Item#14. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Oaks Build to Rent, LLC, a Delaware LLC (Owner/Developer) for Oakwind Estates (H-2020-0093) Located at the Northeast Corner of N. McDermott Rd. and W. McMillan Rd. Page 343 ADA COUNTY RECORDER Phil McGrane 2021-046527 BOISE IDAHO Pgs=46 BONNIE OBERBILLIG 03/24/2021 09:46 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Oaks Build to Rent,LLC, a Delaware LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 23rd day of March _IT2024, by and between City of Meridian, a municipal corporation of the State of Idaho,hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Oaks Build to Rent, LLC, a Delaware LLC, whose address is 4900 North Scottsdale Road, Scottsdale,AZ 85251,hereinafter called OWNER/DEVELOPER. 1. RECITA-LS: 1.1 WHERFAS,Owner is the sole owner,in law and/or equity,of certain tract of I and in the County of Ada, State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property-, and 1.2 WHEREAS,Idaho Code§67-6511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property, and 13 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land,- and L4 WHERFAS, Owner/Developer has submitted a Modification to existing Development Agreement(Instrument# 114030972)to replace the agreement with a new agreement to change the development plan from multifamily and self-storage uses to the single family and towmiomes on the property listed in Exhibit "A", attached hereto, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearing before the Meridian City Council, as to how the Property will be developed and what improvements will be made-, and DEVELOPMENT AGREEMENT—OAKwiND ESTATES(H-2020-0093) PAGE I OF 8 Item#14. 1.6 WHEREAS, the record of the proceedings for requested Development Agreement Modification held before the City Council,includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 5`" day of January, 2021, the Meridian City Council approved certain Revised Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a new Development Agreement on only the subject property listed in Exhibit"A" before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, The subject property listed in Exhibit "A" shall no longer be subject to the terms of the existing Development Agreements (Inst. #114030972)upon the property owner(s)entering into this new agreement. 1.11 WHEREAS,City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019,Resolution No. 19-2179,and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a parry 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. DEVELOPMENT AGREEMENT—OAKwrND ESTATES(H-2020-0093) PAGE 2 OF 8 Page 345 Item#14. 3.2 OWNER/DEVELOPER: means and refers to Oaks Build to Rent,LLC,a Delaware LLC,whose address is 4900 North Scottsdale Road,Scottsdale,AZ 8525,hereinafter called OWNER/DEVELOPER,the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to be rezoned and bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners/ Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the submitted plat, phasing plan,landscape plan, open space exhibit,amenities and conceptual building elevations included in Section VH of the Staff Report that is attached is the Findings of Fact and Conclusions of Law attached hereto as Exhibit B and the provisions contained therein. b. The applicant shall construct the street buffers,pathways and sound attenuation wall along N. McDermott Rd. and W. McMillan Rd with the first phase of development. c. The pathway along W. McMillan Rd shall be reduced from 10' to 5' in width. d. No single family attached roofline may exceed more than 50 (fifty) feet without providing variations in roof profile including but not limited at least two of the following: two or more visible roof planes; dormers, lookouts or, turrets. Planning approval will be required at time of building permit. e. The Development Agreement shall require the rear and/or sides of 2-story structures that face the arterial streets(i.e.N.McDermott and W.McMillan Rd.)to incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types,or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at the time of building permit. DEVELOPMENT AGREEMENT—OAKWIND ESTATES(H-2020-0093) PAGE 3 of 8 Page 346 Item#14. f. DA shall include a limitation to no more than 3 units on a common drive. g. The north-south oriented pathways shown south of W.Daphne St shall be combined into one pathway of at least 30'in width,and a recreational amenity shall be provided at the intersection of the townhouse mews and the pathway. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. 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 and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty(180)days;provided,however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice 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 reserve 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 and/or 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 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—OAKWIND ESTATES(H-2020-0093) PAGE 4 OF 8 Page 347 Item#14. 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: Owners/Devcloper shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits, certified check or negotiable bonds,as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian,Idaho 83642 Meridian,Idaho 83642 OWNER/DEVELOPER: Oaks Build to Rent,LLC, a Delaware LLC 4900 North Scottsdale Road Scottsdale,AZ 85251 DEVELOPMENT AGREEMENT—OAKwIND ESTATES(H-2020-0093) PAGE 5 OF 8 Page 348 Item#14. 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property,or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEvELOPMENT AGREEMENT—OAKWIND ESTATES(H-2020-0093) PAGE 6 of 8 Page 349 Item#14. 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 re-zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT—OAKWIND ESTATES(H-2020-0093) PAGE 7 OF 8 Page 350 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. 4OWNDEVELOPER: d to Re ,a Delaware LLC lipD .,. I �� - I Member CITY OF MERIDIAN ATTEST: By- Mayor Robert E. Simison 3-23-2021 Chris Johnson, City Clerk 3-23-2021 STATE OF f'(1'i� ;� ss: County of hYI ) On this eda of , 2021, before me, the undersigned, a Notary Public in and for said State,personally appeared -,!Ili known or identified to me to be the M il�11ftio of Oaks Build to Rent,LLC.,a Delaarew LLC,and the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed m official seal the day and year in this certificate first above written. HOLD NOTARY f-,;BLIC-ARIZONA Notary Public for PINAt. COUNTY Residing at: COMMISSION#594509 MY COMMISSION EXPIRM My Commission Expires: Y 61' lot ZO2 STATE OF ID NOVEM13ER 10 2024 :ss County of Ada ) On this 23rd day of March 2021,before me,a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,ofthe City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT—OAKwiND ESTATES(H-2020-0093) PAGE 8 OF 8 Page 351 Item#14. EXHIBIT A L1eOQMCdPtkM Owind Estates A parcel located in the SW%of the SW 1/<of Section 28,Township 4 North, Range 1 West, Boise Meridian,Ada County,Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southwest corner of said Sean 28, from which a Brass Cap monument marking the southeast corner of the SW'/ (S 1/ comer)of said Section 28 bears S 8T16'58" E a distance of 2635.25 feet; Thence N 1°00'429 E along the west boundary of said SW'/ of Section 28 a distance of 25.00 feet to a point; Therrce leaving said west boundary S 89'1658' E a distance of 25.00 feet to the POINT OF BEGINNING; Thence N 1s0074T E along a lire being parallel to and 25.00 feet easterly of said west boundary of the SW y e distance of 1290.49 the north boundary of sad SW I/of the SW'/; Thence along said north boundary S 89*18'59"E a distance of425.00 feet to a point; Thence leaving said north boundary S 8805910' E a distance of 324.54 feet to a point; Thence S 1a00°42" W a distance of 101.68 feet to a point; Thence S 88'59'18"E a distance of 121 A6 feet to a point Thence S VOY42"W a distance of 47.00 feet to a point; Thence N 88*591F W a distance of 121A6 feet to a point; Theme S 1@0942'W a distance of 22.35 feetto a point; Thence S 15°28'05` E a distance of 262.84 feet to a point; Thence S 10°22'36' E a distance of 85.82 feet to a point; Thence S 85008'45" W a dstance of 11.10 feet to a point; Thence S 1"00'42* W a distance of 142.12 feet to a point; Trance S 4"1919"E a distance of 136.47 feet to a point; Thence S 1a00'42* W a distance of 50.00 feet to a point; Thence S 88°5918' E a distance of 3.02 feet to a point; Thence S 44'47'25" E a distance of 28.54 feet to a point; Thence S 0'43'02" W a distance of 38323 feet to a point; OaihwhdEsaaates �geti ot2 Job 140.19-73 Oakwind Estates H-2020-0093 Page 352 Item#14. EXHIBIT A Thence S 45° 3`02"W a distance of 52.33 feet to a point; Thence S 0043'02"W a distance of 12.00 feetto a poirtt; Thence N W 16'58'Vet along a too being 25.00 feet northerly of and parallel to the south boundary of said SW Y4 of the SW 1/a distance of 831.89 feet to the POINT OF BEGINNING. This parcel contains 24.54 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS �Nt LA V� Land Solutions, PC T September 1, 2020 11118 LgndVofutionsTheOak,5 NoMComo—= aa+aYwra>inqx�rmMaaws pagc2ofz Oakwind Estates H-2020-0093 Page 353 ►tem#94. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAWC��f[EPIDIAN� AND DECISION& ORDER In the Matter of the Request for Development Agreement Modification(Instrument#114030972) and to allow Preliminary Plat consisting of 94 single family lots,92 townhouse lots and 26 common lots on 24.54 acres in the R-15 zone,by Engineering Solutions LLP. Case No(s). H-2020-0093 For the City Council Hearing Date of: December 22,2020 (Findings on January 5, 2021) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 22, 2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 22,2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 22, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 22, 2020, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(OAKWIND ESTATES SUBDIVISION—FILE#H-2020-0093) - 1 - Page 354 Item#14. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 22,2020, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Preliminary Plat and Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 22, 2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(OAKWIND ESTATES SUBDIVISION—FILE#H-2020-0093) -2- Page 355 Item#14. agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of December 22,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(OAKWIND ESTATES SUBDIVISION—FILE#H-2020-0093) -3- Page 356 Item#9. By action of the City Council at its regular meeting held on the 5th day of Janaury 92021 COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 1-5-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(OAKWIND ESTATES SUBDIVISION—FILE#H-2020-0093) -4- Page 213 EXHIBIT A STAFF REPORT E IDIAY� -- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 12/22/2020 ' D Legend ATE: . ------ leiPrajeci TO: Mayor& City Council FROM: Alan Tiefenbach 208-489-0573 a SUBJECT: H-2020-0093 ----------� Oakwind Estates Subdivision—PP and , MDA ---- LOCATION: Northeast Corner of N. McDermott Road and W. McMillan Road _ s I. PROJECT DESCRIPTION Preliminary Plat(PP)proposal consisting of 94 single family lots, 92 townhouse lots, 3 common driveways and 26 common lots on 24.54 acres in the R-15 zone. A concurrent development agreement modification(Instrument#114030972)is submitted to change the development plan from multifamily and self-storage uses to the single family and townhome uses being proposed with the subject project.NOTE: The Oaks development agreement governs a larger area that what is being proposed with this development application. Therefore,the subject modification will exclude the subject property from the boundary of the overall DA, so the applicant can enter into a new DA with provisions that are relevant to the proposed development. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 24.54 Future Land Use Designation Medium Density Residential Existing Land Use(s) Vacant Proposed Land Use(s) Single Family Residential Lots(#and type;bldg./common) 94 single family lots,92 townhouse lots,3 common driveways and 26 common lots Phasing Plan(#of phases) Two Phases Number of Residential Units(type 186—94 SFR detached and 92 townhomes of units) Density(gross&net) 7.58 du/acre gross, 10.13 du/acre net Open Space(acres,total 4.97 acres total,4.16 acres(16.95%)qualified open space. [%]/buffer/qualified) Pagel Page 358 Item#14. Description Details Page Amenities Pathways,central lawn,playground,fire pit,outdoor kitchen and shelter,additional qualified open space> 20,000 sq. ft. Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of Oct 10,2019,2 attendees attendees: History(previous approvals) Oakcreek AZ 08-004,Oaks North-RZ-13-015,PP-13- 0014,MDA-13-015&DA Instrument#114030974; and Oakwind H-2018-0119.The previous Oakwind development is not moving forward because the applicant failed to execute the amended development agreement. The new proposal is intended to supersede the previous approval. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission Yes Action(yes/no) Access(Arterial/Collectors/State 2 local streets,Cherrybrook Drive and Daphne Street,will Hwy/Local)(Existing and Proposed) connect to N. Trident Way,which connects to W. McMillan Rd(arterial). Traffic Level of Service D Existing Road Network No existing internal roads. Existing Arterial Sidewalks/ McDermott Road—Undeveloped(no sidewalks or buffers) Buffers McMillan Road—Undeveloped(no sidewalks or buffers) Proposed Road Improvements Applicant required to construct all internal roads. 10' wide walkway and installation of curb and gutter along N.McDermott and W.McMillan. Distance to nearest City Park(+ +/-2 '/2 miles, Seasons Park,Keith Bird Legacy Park size) Fire Service • Distance to Fire Station 3.5 miles • Fire Response Time >5 minutes • Resource Reliability 86% • Risk Identification 1 • Accessibility Roadway access,radio coverage • Special/resource needs No aerial device necessary • Water Supply 1,000 gpm • Other Resources None needed Police Service • Distance to Police Station 8 miles • Police Response Time >5 minutes • Calls for Service 102 within one mile • %of calls for service split by 47%P2,53%P3 priority • Accessibility Satisfactory. • Specialty/resource needs None necessary. • Crimes 14 • Crashes 3 Page 2 Page 359 Item#14. Description Details Page • Other Reports 85 West Ada School District • Impacted Schools Pleasant View ES- 1.8 Miles Star MS—7.2 Miles Meridian HS—5.5 Miles • Capacity of Schools Pleasant View ES-650 Star MS— 1000 Meridian HS—2075 • #of Students Enrolled Pleasant View ES-356 Star MS—701 Meridian HS—1975 • Estimated New Students Generated by Development Pleasant View ES-60 Star MS-30 Meridian HS—40 Wastewater • Distance to Sewer Services 0 • Sewer Shed N.McDermott Trunkshed • Estimated Project Sewer ERU's See application • WRRF Declining Balance 13.97 • Project Consistent with WW Master Plan/Facility Yes Plan Water • Distance to Water Services 0 • Pressure Zone 1 • Estimated Project Water ERU's See application • Water Quality No concerns • Project Consistent with Water Master Plan Yes • Impacts/Concerns *Water main should be removed from McDermott Rd. *Water main in Daphne St should be 12",the main shall extend west and stub at McDermott Rd *Alley with both water and sewer shall be 20' wide with 5' easements on either side to a total of 30'. *Each phase of the development will need to be modeled to verify minimum fire flow pressure is maintained. Page 3 Page 360 luAG= luAr4 �'�ailw JIIIAIL°� li �llhtirlk j I 51 iiu� u iu N.I. r� I S zCVG 5S ~ i� : 1 1 ' 1 R.V. 1 H;l E�! TO =1 JEuuu MIII- I- in 7111G IW :7.II I' I Imp • I .. •7..0 'i iiioolr 1 I' If l iii'ji �c 'i'}i ryii'i^{ ��I-•.�' Lp��°� C • Item#14. C. Representative: Becky McKay,Engineering Solutions LLP— 1029 N. Rosario St. Ste 100,Meridian ID 83642 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 10/16/2020 Radius notification mailed to properties within 300 feet 10/13/2020 Public hearing notice sign posted 10/27/20 on site Nextdoor posting 10/13/2020 V. STAFF ANALYSIS This proposal includes platting the subject property to allow 94 single family lots, 92 townhouse lots, 3 common driveways and 26 common lots on 24.54 acres previously conceptually approved to develop with multifamily and self-storage uses. This proposal includes amending the existing development agreement(Instrument#114030972)that only allows multifamily and self-storage on this property. This subdivision is proposed to develop in two(2)phases as shown on the preliminary plat. In 2008,the subject property received annexation approval (AZ-08-004)for a large master planned residential development(Oak Creek AZ 08-004 and PP-08-003). The original annexation included 318.74 acres, although at the time only 139 lots on 30.72 acres at the SW corner of McMillan Road and Black Cat Road were proposed for platting(including the subject property). This was because city services were only available to this area with the expansion of the Black Cat trunk. The annexation included development agreement instrument# 109009629(agreement later terminated and replaced with the agreement noted below). In 2013,the subject property was rezoned to the R-15 zone and was included as a portion of the Oaks North Subdivision. The Oaks North Plat included a lot for both the multifamily and self-storage uses. The lot that was to develop with multi-family was required to at a density range between 8-15 du/ acre and the self-storage was allowed on 7.83 acres on the southern portion of the property subject to further approvals per the recorded DA. In 2018,the 16.71 acre multifamily lot was proposed to be rezoned from R-15 to R-8 to develop eighty-two(82) single-family detached dwellings on lots ranging in size from 5,400 square feet to 8,600 square feet with an average lot size of 5,843 square feet(the Oakwind Subdivision H-2018- 0119). This proposal included yet another amendment to the existing development agreement to remove the multifamily uses. This proposal was recommended for approval by the January 17,2019 Planning Commission,but was withdrawn by the applicant in June of 2019 before proceeding to the City Council. Accordingly,the Oaks North Plat and DA#114030972 still govern this property. A. Development Agreement Modification(MDA) The Applicant proposes to revise the following sections of Development Agreement Instrument# 114030972: 5.1.4 "Development of the multi-family lots requires conditional use permit approval. The density range in these areas shall be 8 to 15 dwelling units to the acre." Page 5 Page 362 Item#14. Proposed for deletion. 5.1.9 "The proposed outdoor storage is an accessory use in the R-15 district for the benefit of the proposed residential developments and shall not operate as a stand-alone commercial business. Development of this lot shall not commence until the Owner/Developer obtains certificate of zoning compliance and design review approval of the storage facility." Proposed for deletion. 5.1.12 "The Owner/Developer shall provide a method for notifying home owners of the future multi-family developments proposed with the Oaks North and Oaks South developments as determined by the Planning Division Manager." Proposed revision would strike the reference to the Oaks North. B. Staff supports a modification to the development agreement. As described below, the result would still be a diversity in housing, with a significant amount of useable open space. However,since the development agreement applies to the entire Oaks North and South (of which this property is only a small part)staff believes it would be better to leave the existing development agreement as is and create a new development agreement for this property. Future Land Use Map Designation(https://www.meridiancity.orglcompplan) The site is designated MDR(Medium Density Residential),which allows smaller residential lots. Uses may include single-family homes at gross densities of 3 to 8 dwelling units or less per acre (du./acre). The applicant proposes to develop this 24.54-acre site with 94 single family lots and 92 townhouse lots at a gross density of 7.58 dwelling units per acre (d.u./acre) consistent with the MDR FL UM designation. C. Comprehensive Plan Policies (https://www.meridiancit�or /�pplan): (Staff analysis is in italics after the cited policy) • Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents. (2.01.02D) 94 single family homes are proposed on the northern portion of the development on lots between 3,000 square feet and 5,500 square feet, with the average lot size being 3,700 square feet. The southern portion is proposed to develop with 92 townhomes on lots between 2,100 square feet and 3,200 square feet, with the average townhouse lot being 2,481 square feet. With the Oaks North and South Subdivisions being comprised of 963 single family lots with lot sizes averaging 10,000 sq.ft. +/-) this proposal for smaller lot sizes and single family attached provides the "missing middle"housing encouraged by the Comprehensive Plan. • Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City. (2.01.01 G) As mentioned above, this proposal would allow for a more diverse type of housing. • With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities"(2.02.01A). This new subdivision provides a 10'wide pathway along W. McDermott Rd. and a 10'wide pathway along W. McMillan Rd.A 5'wide pathway bisects the proposed development north Page 6 Page 363 Item#14. —south and links to a 10'wide pathway connecting the future Gem Innovation School to the Oaks North development. The townhouses are organized along mews with pathways and open space dividing the townhouse rows into groups of 5 and 7 units. The proposed plat depicts a total of 4.16 acres (or 16.9501o) of qualified open space, much of which is usable, and amenities consisting of a central open grassy area, community playground,fire pit, outdoor kitchen and shelter. The development as proposed would result in a pedestrian friendly community that links to surrounding development and provide quality open space for the residents. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available and can be extended by the developer with development in accord with UDC I1-3A-21.A regional sewer lift station and pressure sewer line were installed with the Oaks South Subdivision, extending east on McMillan Road and then south on Black Cat Road to the North Black Cat Lift Station. Oakwind Estates (this development) will connect to an existing 15-inch gravity sewer main line in N. Trident Way. An 8-inch sewer main line will be constructed and will be stubbed through a common lot to McDermott Road for future service to the west. The applicant will be required to extend the 12-inch water main located at the intersection of McMillan and McDermott Roads north along the development's McDermott frontage. This development cannot be served by Meridian Fire within the 5-minute response time but does meet the resource reliability goal of greater than 80%. Extended response times put the residents and first responders at a higher risk. More than one point of access is available to this property as N. Trident Way and W. Milano Dr. (which provides access to W. McMillan via N. Rustic Oak Way) have already been constructed and stubbed to the subject property as part of the Oaks North No. 1. Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities. (3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks is required to be provided with development as proposed. "Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity"(6.01.02B). The proposed street network stubs two streets to the east— W. Cherrybrook Dr. and W. Daphne St. -which connect to N. Trident Way. N. Trident Way terminates at W. McMillan Rd to the south and W. Milano Dr. in the Oaks North development to the north. This proposal would not provide direct access to an arterial nor would it increase the number of access points to nearby collectors or arterials. Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices. (3.07.01 A) The proposed density of 7.5 du/acre meets the Comprehensive Plan's recommendation of 3- 8 dwelling units per acre, and provides a diversity of housing anticipated by the Plan for this area. However, staff notes townhouse lots as small as 2,200 sq.ft. are directly across the Page 7 Page 364 Item#14. street from lots in the Oaks North No. I Subdivision which are between 8,000 square feet and 9,100 sf.ft. The applicant has noted Toll Southwest LLC(the owner) is also the developer of the Oaks North No. 1 to the east, and the subject property is part of this larger development. D. Existing Structures/Site Improvements: There are no existing structures presently on the property. E. Proposed Use Analysis: The applicant proposes single-family detached and townhome dwellings which are listed as a principal permitted use in the R-15 zoning district per UDC Table 11-2A-2. F. Dimensional Standards(UDC 11-2): The preliminary plat and future development is required to comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 district.All lots meet the minimum 2,000 sq. ft.requirements, and future structures should comply with the minimum setbacks of the district. UDC 11-6C-3-regulates block lengths for residential subdivisions. Staff has reviewed the submitted plat for conformance with these regulations. The intent of this section of code is to ensure block lengths do not exceed 750 feet, although there is the allowance of an increase in block length to 1000 feet if a pedestrian connection is provided. Two pedestrian connections and a common open space area bisect the lots along N. McDermott Rd. in Block 1 with the longest block face being 628 feet. G. Access(UDC 11-3A-3, 11-3H-4): This development is estimated to generate 888 additional vehicle trips per day. ACHD previously reviewed this site as part of The Oaks Subdivision in December 2013 and as Oakwind Subdivision in February 2018. ACHD has noted their requirements will remain the same for this project, as the number of lots as proposed would likely be less dense than the 3 multifamily lots that were approved with the previous proposal. There are presently no local roadways within the site. This proposal includes 2 local streets - Cherrybrook Drive and Daphne Street-that are proposed to stub to the site's east property line. This would connect to N. Trident Way(approved and constructed as part of the Oaks North), which would route traffic to W. McMillian Rd. The applicant also proposes to provide alley- loaded access to townhouses in Block 3 by constructing a 20-foot wide paved alley that runs east/west between Marysville Way and Palustris Way. The proposed new access points are consistent with Comprehensive Plan action item 6.01.0213 which restricts access points on arterial streets. W.McMillan Rd.to the south and McDermott Road to the west are improved with 2-travel lanes and no curb, gutter or sidewalk abutting the site. An interim signal is planned to be installed at the W. McMillan Rd/N. Black Cat Rd. intersection in the next two years. Future improvements to W. McMillian Rd include widening W. McMillan Rd to 3-lanes from McDermott Road to Black Cat Road and installing a roundabout at this intersection. Future plans for N. McDermott Rd. include widening to three lanes. At the request of ACHD,the applicant is required to dedicate right-of-way and improve both roads along the frontages. Improvements include a 10' wide walkway along both roads and installation of curb and gutter. Per ACHD,Marysville Street and Palustris Avenue are proposed to be greater than 750-feet in length and will need to be redesigned to reduce the length of the roadways or to include the use of passive design elements. Stop signs, speed humps/bumps and valley gutter are not accepted as Page 8 Page 365 Item#14. traffic calming. Prior to City Council,the applicant should be required to submit a revised preliminary plat showing the redesigned roadways and approved by ACHD. Finally,UDC 11-3H states residential development along McDermott Road from Chinden Blvd to I-84 is required to provide noise abatement by constructing a berm or a berm and wall combination a minimum of ten feet(10')higher than the elevation at the centerline approximately parallel to W. McDermott Rd. The landscape plan does not reflect this improvement. As a condition of approval, staff recommends the applicant submit a landscape plan which meets the requirements of UDC 11-3H-4D prior to City Council. H. Common Driveways(UDC 11-6C-3): The proposed preliminary plat shows three common driveways (Lots 17,47 and 73 Block 1). Lots 17 and 47 will each serve three single family residences, and Lot 73 will serve 4 single family attached units. The common driveways meet the minimum width of twenty feet(20'), and none of the driveways exceed the maximum allowed length of one hundred fifty feet(150'). A perpetual ingress/egress easement for the common driveway(s)is required to be filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. I. Parking(UDC 11-3C): Off-street parking is required to be provided for single-family attached and detached dwellings based on the number of bedrooms per unit(i.e. 2, 3 and 4 bedroom units require 4 per dwelling unit with at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10' x 20' parking pad) in accord with the standards listed in UDC Table 11-3C-6. All elevations show at least two car garages, and the landscape plan shows parking pads of least 20' x 20'in front of the single family attached. The applicant has provided a parking exhibit for the single family attached portion of the project (southern portion). The parking plan provides a 33' local street section which allows for additional on-street parking. It is important to note this on-street parking does not count toward meeting minimum requirements.ACHD and Meridian Fire have both reviewed the plan and have not expressed concerns. J. Pathways ( UDC 11-3A-8): As mentioned in the Comprehensive Plan analysis above,this new subdivision provides a 10' pathway along W. McDermott Rd.,a 10' pathway along W. McMillan Rd. and 5' micro- pathways interspersed throughout the development. As required by UDC 11-3A-8, all micro- pathways are within lots of at least 15' in width and contain landscape strips of at least 5' in width with at least 100 tree per hundred linear feet as required by UDC 11-3B-12. K. Sidewalks(UDC 11-3A-17): Attached sidewalks are proposed throughout the development on both sides of all roads and meet the minimum widths of UDC 11-3A-17. L. Parkways (UDC 11-3A-17): No parkways are proposed with this development. M. Landscaping(UDC 11-3B): The proposed landscape plan meets the requirements of UDC 11-313. 15 species of trees are provided where at least 5 different species are required. All proposed trees meet the minimum Page 9 Page 366 Item#14. sizes as indicated in Table 11-3B-5-2. A 35' wide landscape buffer is proposed along N. McDermott Rd as is required for an entryway corridor,and a 35' wide buffer is shown along W. McMillan Rd. whereas 20' would be required. The minimum landscape buffer density of 1 tree per 35' linear feet is exceeded, and all pathways include the minimum 5' landscape strip on each side of the pathway. Several landscaped common open spaces are provided including a central park of approximately 1 acre. Finally, landscaped mews of at least 20' are provided along the front of each single family attached unit, all containing a pathway and trees. The proposed landscape plan contains a note which indicates no trees exist on site and therefore tree preservation or mitigation does not apply. N. Qualified Open Space (UDC 11-3G): The development proposes 4.16 acres(16.95%) of qualified open space. This includes several grassy areas larger than 50' x 100',pathways along all the landscape buffers,micro-pathways internal to the development and along mews fronting the single family attached, and a one-acre park central to the development. The development proposes quality open space which exceeds the requirements. O. Qualified Site Amenities (UDC 11-3G): The proposal includes a one-acre park with a playground, fire pit, outdoor kitchen and shelter. In addition,4.16 acres of qualified open space is proposed,which is 1.76 acres over the minimum requirement of 2.4 acres. (Additional qualified open space of at least twenty thousand(20,000) square feet is counted as an additional amenity.) The development exceeds the minimum requirements for qualified site amenities. P. Waterways(UDC 11-3A-6): No waterways bisect this development. Q. Fencing(UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. A 6-foot tall solid vinyl fence is proposed along N. McDermott Rd. and W. McMillan Rd., and 4' vinyl fencing is proposed along pathway connections, and common open areas as it allowed by UDC 11-3A-7-A. As mentioned in the section regarding access above,noise abatement by constructing a berm or a berm and wall combination a minimum of ten feet(10')is required along W. McDermott Rd. As a condition of approval, staff recommends the applicant submit a landscape plan which meets the requirements of UDC 11-3H-4D prior to City Council. R. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. S. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevation renderings were submitted for the future single family detached and townhomes within the development. Home styles for both types of home include the Bungalow,Farmhouse, and Craftsman. Materials include lap siding,pitched composite shingle roofs with gables, and vinyl windows. Several building types include exposed timber frame. Overall, staff believes the architecture and materials are high quality but does have concerns. One concern is the length of the first story roofs on the single-family homes. It is staff's opinion that these roofs should extend further over to the garage doors, or there should be another roof Page 10 Page 367 Item#14. element on the garage side of the house. Staff likewise has concerns with the porch roof elements that are over the doors on the townhouses and recommends these elements comprise a larger percentage of the townhouse facade. Staff also has concerns with the length of the rooflines of several of the townhouse rows. As a condition of approval, staff recommends no single family attached roofline may exceed more than 50 (fifty)feet without providing variations in roof profile including but not limited at least two of the following: two or more visible roof planes; dormers, lookouts or,turrets. Townhouses will be required to be reviewed with a future design review process and will be required to meet the standards of the Architectural Standards Manual(ASM). Also,because the rear and/or sides of 2-story homes will be highly visible from the arterial streets (i.e.N. McDermott and W. McMillan Rd.), staff recommends articulation is incorporated through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop- outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from these roads. One story residences are exempt from this requirement. VI. DECISION A. Staff: The proposed plat includes less density than what was originally approved,but still contains a diverse housing stock in terms of lot sizes,house sizes,and both detached and attached housing product.ACHD reviewed the impacts of earlier projects in this location which included more density and determined roads are either adequate or will be upgraded to satisfactorily serve the project. Water and sewer can be extended to the subject property. Finally,the qualified open space and amenities as proposed exceed the minimum requirements; the amount of qualified open space is almost double what is required,is central to the development and there are numerous pathways integrated into and out of the plat. Staff recommends approval of the requested preliminary plat and creation of a new development agreement for this property with the conditions noted in Section VII. per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard this item on November 5,2020.At the public hearing,the Commission moved to recommend approval of the subject preliminaa plat and development agreement modification request. 1. Summary of the Commission public hearing a. In favor: Becky McKay, Engineering Solutions LLP b. In opposition:None c. Commenting. Becky McKay,Engineering Solutions LLP d. Written testimony:None e. Staff presenting gpplication: Alan Tiefenbach f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) public testimony Page 11 Page 368 Item#14. a. None 3. Key issue(s)of discussion by Commission: a. Inquired how much surroundingdevelopment evelopment had been built out. b. Discussion regardinglimiting miting shared drives to no more than 3 units. C. Expressed concerns regarding additional parking in the townhouse portion. d. Preferred additional open space for the townhouse portion. 4. Commission change(s)to Staff recommendations(A new plat, amenity exhibit, landscape plan and elevations have been updated with the staff report to reflect the changes required by the Commission and ACHD.The applicant has not provided additional open space or parking): a. Recommended DA be modified to include a limitation to no more than 3 units on a common drive. b. Recommended DA be modified to include revised conceptual plans that incorporate additional parkin and nd open space for the townhouses. c. Revised width of pathway along W. McMillian Rd from 10' to 5'. C. The Meridian City Council heard these items on December 22,2020. At the public hearing,the Council moved to approve the subject development agreement modification and preliminary plat requests. 1. Summary of the City Council public hearing: a. In favor: Becky McKay,Deborah Nelson, Jason Jarvis b. In opposition: None c. Commenting: Becky McKay,Deborah Nelson, Jason Jarvis d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Discussed whether the applicant would be amenable to sprinklering given the Fire Dept response time. b. Discussed whether there was enough parking provided. c. Discussed past issues with too many lots served by common drives and whether the would be used for parking. Page 12 Page 369 Item#14. d. Stated they did not believe the open space was convenient for the residents of the townhouses and inquired into why the pathway lots were so much wider at the northern portion of the development. e. Discussed concerns that the applicant stated the entire development would be rentals. f. Expressed disappointment that the applicant ignored the recommendations of the Planning Commission and was being inflexible. 4. City Council change(s)to Commission recommendation: a. Common driveways shall serve no more than 3 units total. b. The north-south oriented pathways shown south of W.Daphne St shall be combined into one pathway of at least 30' in width, and a recreational amenity shall be provided at the intersection of the townhouse mews and the pathway. Page 13 Page 370 Item#14. EXHIBITS A. Preliminary Plat(date: 9,11,12020 12/8/2020) F�J r� -0•- ' 7 ,_ 1• - € L I 3 1 �I*�LLi 41+-i 4'.Lti.a1Fr .w�Y•'t �r�..�.rir4..,r,ro�f..�[.al.r}6c,yat._,,. }�•�"'r"M`1� Y 8: _.r• * iJJ.-„ia•.¢..,..�,-wsrrr rr.- ,17C,� .,F_,_-�.n+rj R+:,tir - IN a.*na.�r' t L } F L I �ji a�1 +J - #�i-rm k ZI_4I _ •' ', 16 , L'L Jkl�ri•.1G,ti-p.1,pF„ L.�` —v5i:h-.�C�rr��A{•.-0a�u,-frl IR y ,rR - 'r- r •f -'�1,; L,y kAr I - - Ie R•� #.� �I`I I °R. LII R� -, �yL4�•• 41 , L 1 a r ,L IaL1 �'h , +7F,FAaYviria' LJirl+raJ-�_,•'S.a,n1�'e{•i +FAI,1V—a� r��lrffr JPEM _ L I INN, r 1 L I , p a;� '- il"a• � +rrS�' 1r-•{�"-"J7>" L r,--Ir•�s„ras��#''+L-+4 a.M. � +C •- 1 � �ti•a - t L•I �_ t 1! r - rr i � �II,LY,}T. man,�: '�4.h-.�r. n .a1,�,M.r:J�I '�� :aJs M'.+ti'}' �{ �• , • L.1 .•. ' 1 .40.:aa\..•7+Lf•l{ .�•,.I4ii,-}�;,a F++Y-�9,"tc'1 4✓+'J L7� 7 ,y.�•' I', ` �L.r:arM7i Y{rrr vtirL�n-.Kr�L['�u• �e�}�. .+�Cf•F"-T F L I - -� 'r ,a r Page 371 Item#14. B. Phasing Plan(date: 9/1/2020) 3 OP' . :G .. ,.- �i/��ir°1i � ;:v - .i S -...;I_ ;•'I,: ..i �I II -�-- It7 6=- ram II MAO' 411� L I L I tw 11 L I L I !k 59�57,4210 SON 2 eE 3-V ;A54. L•I IA, T L I /Z 3 ...... Page 15 Item#14. C. Landscape Plan date 9��(11/12/2020� -4 TM ' i Y 1 1 A1 -III I TIT 10,GC�I'M.R1�1 .� S I'I I:IJI1 rFl l'.. 1 rTrPj I , ALMLA U4 i'DMH I :7 T17W a I11 i Tr F -11 F III II I I � .�' 1 �•J L^ �I III II 11 I tl I lH L..I I 1 � I IIIII III �F_ rll I -� 1 f •Fr,[�v iatY ll.R Il l�141 S.ti PILL Y-I4 . ", II I'•II{ ... eTFJXFC}IL{I }l ��. xl,I,a..'. I i -- a-C..I.K :s•�S'-..v�_,�r..�.Lx�sSf•n��`� Y'-��`w-r-.i',1 'i>'• it I I-=-� Lh-:1•LLNI I I I I I I I - rdP tr1! I- 1.. _�. .- Y r rtr.:i. _� 1ry''`j �'• � k''r..T '1.I I.�I.I I.FI III�•I L I. �II-e ¢ II�II III Page 16 Page 373 yam, - •+r oa.- .sM ,-:P a Ili+ rr sign 1 �p _ _97F _ Mdlz Nil �® "mii� �1 �_ i11� sill�rri7 �■ -R poloom df 4 � — Item#14. E. Amenity Exhibit(date: 11/18/2020) Sys t 7 � , R 5, ♦ ..°F � ,y':. ''4a BLOCK 1 /f JI ► Lr ti III. : 1 Page 18 Page 375 Item#14. F. Townhouse Parking Plan I FM 4 f l h A -JIB W DAPHNE sr �.•.� a I: - - ,� I ciff 1 I APGAR PUBLIC ALLEY li - J . I II II �I I � � —; - �` •E_,r.•i,rf,�., III II �I 1 7 • � � � a=, �j � I�II II �I W McMI1L4N ROAD — 0 44t ON STREEf PARALLEL PARKIN- DAKWIND ESTA rES PRELIMINARY PLAT 9'w x 233� (TOWNHOUSE PARKING EXHIBIT) 1" = 100' EXHIBIT - 1 Page 19 Page 376 i d. 1 1 ,�Ipu�llll �� "+�� bdA�Ilnlllllll�prrh.,. ��drIIIIIu��I��e�a-. r Alikls�, _1 F-F-IFI .. :FFIFFMIF n■ � �— _ Imo- �� I� �� I II� ® I® CYIiL� 11 6 litV Ytlll �. II�� I jai®ee afn e.v:v g � ■■■■■■■ PLAN 2A PLAN 3C PLAN 3C PLAN 2A PLAN IB PLAN 4A Page w Y � `�� !9 �� ■� .� '�- I u�ll plll - FYI ;�� ; 20 Item#14. I❑-_�°IE1_ e® � ❑CED]F-I❑ PLAN 4A r o" p��4�rr��arsa 'y 13 -nnnnn13 `- ° ❑C❑❑❑❑❑ 13 PLAN 4B Page 21 Page 378 Item#14. F.2.Revised Building Elevations (date: 11/5/2020) PROFIT ELEVATM-FMMHOU3E r FRQW BEUATFOM-CVAPT3MM i � a i 11 i1, n LEFT ELEVAn4N RGHT F EVATYJ4 IM -- REhR ELEVAMN rage Page 379 Item#14. F.3 Revised Building Elevations (date: 11/5/2020) - I f t L57 ELEVA-nm R6W ELEVA7M REM EI EVAMN Page 23 Page 380 Item#14. 1. Legal Description Lem cii�el Oaks ind Estates A parcel located in the SW'/,of the SW'/,of Section 28,Township 4 North, Range 1 West, Boise Meridian,Ada County,Idaho. and m ore particularly described as folbwse Commencing at a Brass Cap monumentmarkingthe southwest corner of said Secton28, frxn which a Brass Cap monument marking the southeast corner of the SW'/ (S '/, corner) of said Section 28 bears S Brl6'58" E a distance of 2635.25 feet; Thence N 1'00'42" E along the west boundary of said SW'/4 of Section 28 a distance of 25.00 feet to a point; Thence leaving said west boundary S 89°1658" E a distance of 25.00 feet to the POINT OF BEGINNING; Thence N 1000'42" E along a line being parallel to and 25.00 feet easterly of said west boundary of the SW'/.a distance of 12W.49 the north boundary of said SW '/. of the SW'/,; Thence along said north boundary S 69'18'59' E a distance of 425.00 feet to a pant; Thence leaving said north boundary S 88'59'18' E a dstance of 324.54 feet to a point; Thence S 1"0(742"W a distance of 10 1.68 feet to a pant; Thence S 88'59'18'E a distance of 121.46 feetto a point; Thence S 1'0042"W a distance of 47.00 feetto a pant; Thence N 88059'1T W a distance of 121.46 feetto a point Thence S 1'00'42"W a distance of 22.35 feetto a pant" Thence S 15"28'05" E a distance of 262.84 feet to a pant; Thence S 10'22'36" E a distance of 95.B2 feetto a point; Thence S 85"08'45" W a distance of 11.10 feet to a paint; Thence.S 1°00'42" W a distance of 142,12 feetto a poi nt; Thence S 4"19'19"E a distance of 136.47 feetto a point; Thence S 1'00'42" W a distance of 50.00 feetto a point; Thence S 88059'18' E a distance of 3.02 feet to a point; Thence S 44"47"25" E a distance of 28.54 feetto a pant; Thence S 0'43'02'W a distance of 3B3.23 feet to a point; Bird L,1' lonS Job N .states ,7ott o.19-73 -- CwwsUM&"p dCr pjI.q Page iof$ Page 24 Page 381 Item#14. Thence S 45'43'02" VV a distance of 52.33 feet to a point; Thence S D"43'02" W a distance of 12.00 feet to a point; Thence N 89'16'58"VV ak)pg aline being 25.00 feet northerty of and parallel to the south boundary of said VV 1/t of the SW I/,a distance of 831.39 feet to the POINT OF BEGINNING. This parcel contains 24.54 acres and is subject to any easementsexisting or in use. Glintm W. Hansen, PLS La rwp Land Solutions, PAC T September 1,202000O C6 ' d . W Liind�oJution fneO ksN4 Commom Jnbr Page 2 012 rage 2� Page 382 Item#14. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION The subject property shall no longer be subject to the terms of the existing Development Agreement(DA) (Inst. #114030972)upon the property owner(s)entering into a new agreement. The new DA shall be signed by the property owner(s)and returned to the Planning Division within six(6)months of the City Council granting subject modification. Currently,a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The new DA shall incorporate the following provisions: a. Future development of this site shall be generally consistent with the submitted plat, phasing plan, landscape plan, open space exhibit, amenities and conceptual building elevations for included in Section VII and the provisions contained herein. b. The applicant shall construct the street buffers,pathways and sound attenuation wall along N. McDermott Rd. and W. McMillan Rd with the first phase of development. c. The pathway along W. McMillan Rd shall be reduced from 10' to 5' in width. d. No single family attached roofline may exceed more than 50 (fifty)feet without providing variations in roof profile including but not limited at least two of the following: two or more visible roof planes; dormers, lookouts or,turrets. Planning approval will be required at time of building permit. e. The Development Agreement shall require the rear and/or sides of 2-story structures that face the arterial streets(i.e.N. McDermott and W. McMillan Rd.)to incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. f. DA shall include a limitation to no more than 3 units on a common drive. g. The north-south oriented pathways shown south of W.Daphne St shall be combined into one pathway of at least 30' in width, and a recreational amenity shall be provided at the intersection of the townhouse mews and the pathway. h. DA shall inelude fevised eoneeptuai plans tha4 ineemer-ate additional par-kin si3aee for-the tewnhottses-. 2. The preliminary plat included in Section VII.A, shall be revised ten(10)days prior to the Council hearing as follows: a. Note#10: Revise to include Lot 84,Block 1 as a common lot to be owned and maintained by the Home Owners Association. b. Marysville Street and Palustris Avenue will need to be redesigned to reduce the length of the roadways or to include the use of passive design elements. Stop signs, speed humps/bumps and valley gutter are not accepted as traffic calming. The applicant shall submit a revised preliminary plat showing the redesigned roadways and approved by ACHD prior to City Council. 3. The landscape plan included in Section VII.B shall be revised ten(10) days prior to the Council hearing as follows: Page 26 Page 383 Item#14. wall along WMcDermott Rd as required in UDC 11 3H 4D. All require�'�dseap shall be o the west side of the wall 4. Prior-to the Planning Commission,the Applicant shall revise the proposed elevations to ex4end the e. 5. For lots accessed by common driveways, an exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing,building envelope and orientation of the lots and structures. Driveways for abutting properties that aren't taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. a. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-7 for all buildable lots. 7. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 8. All townhouses are required to complete design review approval prior to building permits. 9. Developer shall comply with all ACHD conditions of approval. 10. The Applicant shall have a maximum of two(2)years to obtain City Engineer's signature on a final plat in accord with UDC 11-6B-7. 11. Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility. B. PUBLIC WORKS DEPARTMENT 1. Site Specific Conditions of Approval 1.1 The water main in W. Daphne Street needs to be 12-inch diameter. The water main shall extend west, and stub at McDermott Road. 1.2 Each phase will need to be modeled at Final Plat to verify there aren't any pressure issues. 1.3 Remove the water main in McDermott Rd 1.4 Confirm sewer mainline slope from SSMH TL-12 to the first new proposed Manhole(should be 0.04%).Need to ensure that property to the west has adequate depth for future development. 1.5 When there are four or more lots on a common drive, a mainline can be installed in lieu of extending service lines. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide Page 27 - Page 384 Item#14. service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. Page 28 Page 385 Item#14. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Page 29 Page 386 Item#14. Community Development Department website. Please contact Land Development Service for more information at 887-2211. Page 30 Page 387 Item#14. C. COMMUNITY DEVELOPMENT (SCHOOLS ANALYSIS) HTTPs://WEBLINKMERIDIANaTY.ORG/WEBLINK/DOCVIEW.ASPX?ID=214998&DBID=0&REP0=ME RIDIANCITY D. ACHD https://weblink.meridianciN.ory/WebLink/DocView.aspx?id=214524&dbid=0&repo=MeridianC Lty D. MERIDIAN POLICE DEPARTMENT https://web link.meridianciN.oLy WebLink/DocView.aspx?id=203768&dbid=0&repo=MeridianC Lty E. MERIDIAN FIRE DEPARTMENT https://weblink.meridiancity.oMlWebLinkIDoeView.aspx?id=203794&dbid=0&re2o=MeridianC IV F. COMPASS https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=214349&dbid=0&repo=MeridianC Lty G. WEST ADA SCHOOL DISTRICT https://weblink.meridiancity.ofglWebLinkIDocView.aspx?id=214828&dbid=0&repo=MeridianC Lty VII. FINDINGS Preliminary Plat(UDC 11-6I3-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: (Ord. 05-1170, 8-30-2005, ef£ 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008,eff.7-8-2008) Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use,transportation, and circulation.Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. Page 31 Page 388 Item#14. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. (See the Comprehensive Plan analysis regarding serving development by critical public facilities as well as the section regarding urban infrastructure. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Council relies upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc.)to determine this finding. (See Exhibit B for more detail.) 5. The development will not be detrimental to the public health,safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council's attention. ACHD considers road safety issues in their analysis. Council considered any public testimony that was presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council was unaware. 6. The development preserves significant natural, scenic or historic features. (Ord.05- 1170,8-30-2005,eff.9-15-2005) Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 32 Page 389 Item#15. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Approval of Sole Source Purchase of Fire Department Garments to Include Honeywell Morning Pride Tail Pant and Coats from Municipal Emergency Services (MES) for the Not-to-Exceed Amount of$60,170.15 Page 390 Item#15. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez Meeting Date: March 23, 2021 Presenter: N/A Estimated Time: N/A Topic: Sole Source; Fire Department Garments - Morning Pride Tails Recommended Council Action: Approval of Sole Source purchase of Fire Department Garments; Honeywell Morning Pride Tail Pant and Coats from Municipal Emergency Services (MES). The Not-to-Exceed amount for these items are $60,170.15. Background: It has been determined by the manufacturer that MES is the only distributor in the state of Idaho to produce Honeywell Morning Pride Tails. Page 391 Item#15. Honeywell HoneywAl First Responder Products 41 Innovation Court Dayton.off 45414 800-688-6148 937-2- 4-2677 Fax www.HoneywellFrstResponder.corn 3/3/21 Sandra Ramirez Meridian Fire Department 33 E. Broadway Ave. #204 Meridian, ID 83642 United States Dear Sandra, This letter is to confirm that MES (Municipal Emergency Services) is the sole source distributor in the state of Idaho for Honeywell First Responder Products, including Morning Pride Tails garments. If there are any questions, please feel free to contact me via the information below. Thank you, Travis Mikalauskas Sr. National Accounts Manager Cell: 937 581-5508 Email: Travis.Mikalauskas@Honeywell.com Page 392 PURCHASING AGENT Item#15. �j IDIAN-`="' 33 East Broadway Avenue L Meridian, ID 83642 A H G Phone: 208-888-4433 Fax: 208-887-4813 CITY OF MERIDIAN SOLE SOURCE FORM Date: March 8, 2021 Item or Service: Honeywell Morning Pride Tails Turnout Coat and Pants Sale Source: Item is available from only one vendor. Item is one-of-a kind item and is not sold through distributors. Manufacturer is a sole distributor. JUSTIFICATION: 1. Manufacturer awards exclusive vendor territories for sales and service. Only one vendor is authorized to sell this product in Idaho. (Municipal Emergency Services) 2. Thread used in structural seams is Tex size T-70. Other manufacturers use smaller thread. 3. Kinetic cut styling significantly reduces hem rise and sleeve retraction, allowing for greater range of motion and protection. Tails system reduces weight, increases range of motion and eliminates bunching when bending forward. Also increases visibility from behind and improves torso ventilation and reduces firefighter heat stress. 4. Patented sleeve design eliminates undesirable sleeve retraction when reaching up or forward, reducing skin exposure and thermal burn injuries. 5. Full Range of Motion Crotch-Patented U-shaped design and diamond-shaped insert allow greater leg mobility. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy&Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. Council Approval Date: 3-23-2021 Requestor(Print Name) Purchasing Approval: 711rtment Manager Signature Purchasing Manager Page 393 Item#15. Quote ES Date 02/19/2021 Quote# QT1447809 MUNICIPAL EMERGENCY SERVICES Expires 03/21/2021 3801 Fruit Valley Rd. Sales Rep McMillan, John Suite C PO# Vancouver,WA 98660 Shipping Method FedEx Ground Bill To Ship To MERIDIAN FIRE DEPARTMENT MERIDIAN FIRE DEPARTMENT 33 E BROADWAY AVE STE 210 33 E BROADWAY AVE STE 210 MERIDIAN ID 83642-2619 MERIDIAN ID 83642-2619 Item Units D,,a- r QTY Unit Sales Pri... Amount HFRP Tail Coat IDMER100042 IDMER100042 25 1,359.29 33,982.25 HFRP Tail Coat LTO Tail Outer Shell-Armor AP-6.5 osy Twill- Gldn Brown LTO Tail Thermal Liner-7.1 osy Synergy II 2 Layer LTO Tail Moisture Barrier-4.7 osy Type 2F Crosstech Black HFRP Tail Pant IDMER100043 IDMER100043 25 1,047.54 26,188.50 HFRP Tail Pant LTO Pant Outer Shell-Armor AP-6.5 osy Twill- Gldn Brown LTO Pant Thermal Liner-7.1 osy Synergy II 2 Layer LTO Pant Moisture Barrier-4.7 osy Type 2F Crosstech Black Subtotal 60,170.75 Shipping Cost(FedEx Ground) 0.00 Total $60,170.75 This Quotation is subject to any applicable sales tax and shipping &handling charges that may apply.Tax and shipping charges are considered estimated and will be recalculated at the time of shipment to ensure they take into account the most current local tax information. All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice. II 111111IIIIIII1111111111111III Page394 QT1447809 Item#15. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 01 - General Fund 2210 - Fire Admin From 10/1/2020 Through 9/30/2021 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining OPERATING COSTS 54104 Turnout Equipment 106,200.00 0.00 106,200.00 100.00% 0000 NON-DEPARTMENTAL 0.00 14,908.63 (14,908.63) 0.00% Total OPERATING COSTS 106,200.00 14,908.63 91,291.37 85.96% TOTAL EXPENDITURES 106,200.00 14,908.63 91,291.37 85.96% Page 395 Date: 3/8/21 08:15:05 AM Pag Item#16. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Cooperative Agreement Between City of Meridian and Valley Regional Transit for Fiscal Year 2021 Public Transportation Financial Contribution Page 396 Item#16. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Consent Agenda Item on the City Council Agenda From: Miranda Carson, Coordination Planner Meeting Date: March 23, 2021 Topic: Valley Regional Transit FY21 Cooperative Agreement Attached is the FY 2021 Cooperative Agreement between Valley Regional Transit(VRT) and the City of Meridian. Action is being requested on the Cooperative Agreement which includes: 1. FY21 contract cost of$272,284. a. This is lower than the $422,706 budget cost approved by Council for FY21. The reduction is due to the delay of the new local service (Ten Mile to The Village route). b. This cost has an applied a credit in the amount of$51,250 from funds paid to VRT in FY20 for the new local service (Ten Mile to The Village route) that has been delayed. In approving the contract as is,the credit will be applied to City service costs incurred in FY21. FY2021 Initial Request FY2021 Updated Request Annual Assessment $62,941 $62,941 $170,442 Local Service -$51,250 credit $119,192 $0 Limited Stop Service $54,722 $54,722 Express Service $32,457 $32,457 Harvest Transit $132,414 $132,414 Rides2Wellness $41,000 $41,000 -$51,250 credit Requested Total 1 $442,706 $272,284 2. Pilot expansion of the Rides2Wellness program to provide rides to veterans between the City and the Veterans Administration (VA) in Boise at no additional cost in FY21. Page 397 Item#16. COOPERATIVE AGREEMENT BETWEEN VALLEY REGIONAL TRANSIT AND CITY OF MERIDIAN FOR PUBLIC TRANSPORTATION FINANCIAL CONTRIBUTION THIS COOPERATIVE AGREEMENT ("Agreement") is entered into this 1st day of October 2020 by and between VALLEY REGIONAL TRANSIT, a regional public transportation authority authorized under Chapter 21, Title 40, Idaho Code ("Authority"), and the City of Meridian, a municipal corporation organized, existing and authorized under Chapter 1, Title 50, Idaho Code ("City") RECITALS a. Authority is the regional public transportation authority created to serve Ada and Canyon Counties, pursuant to Chapter 21, Title 40, Idaho Code, and as a result of November 3, 1998 public referendum. Authority provides publicly funded or publicly subsidized transportation services and programs in Ada and Canyon counties. b. City is a municipal corporation authorized under Chapter 1, Title 50, Idaho Code. C. Idaho Code § 40-2109(7) provides that Authority may enter into cooperative agreements with the state, other authorities, counties, cities and highway districts under the provisions of Idaho Code § 67-2328, which expressly authorizes public agencies to enter into agreements with one another for cooperative action for purposes within the power, privilege, or authority of said agencies. d. Idaho Code § 40-2110 provides that counties, cities, highway districts and other governmental entities in the region may enter into cooperative agreements with the regional public transportation authority in order to contribute funds from any source in recognition of costs of the authority. e. Authority develops funding requests through an approved cost allocation methodology. There are four categories involved in generating the initial funding request: general assessments, service and capital contributions, and special assessments. f. Authority has budgeted $272,284 for City to contribute to support services, capital and regional overhead expenses. City has budgeted the same amount representing the City's fair share of support for services, capital, and regional overhead, as set forth in Exhibit 1. g. Authority generally follows the allocation methodology to designate how City contributions are used. However, Authority may leverage City contributions as local match to optimize utilization of both local and federal sources of funding to ensure the most effective use of all revenue sources. Page 1 of 5 Page 398 Item#16. AGREEMENT NOW, THEREFORE, in consideration of foregoing recitals, which are made a part of this Agreement and not mere recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed as follows: Section 1. Term This Agreement shall be in effect from the 1st day of October 2020, and will terminate on the 30th day of September 2021, unless earlier terminated pursuant the mutual written agreement of the parties hereto. Section 2. Purpose The purpose of this Agreement is: (a) For City to pay $272,284 to Authority for Fiscal Year 2021 expenses pertaining to services, capital, and regional overhead required to support the regional transportation services within the City's jurisdiction, as set forth in Exhibit 1. (b) For Authority to use City's contribution for service, capital, and regional overhead expenses included in the annual FY2021 budget to support services within City's jurisdiction. (c) For Authority to leverage City's contribution with matching federal fundingto optimize all revenue sources available for operations, capital, and regional overhead. Section 3. Compliance Authority, in using said City's contribution shall comply with all conditions required by applicable federal, state and local laws and regulations, and shall maintain, in accordance with generally accepted accounting practices and principles, records and books of account regarding said assessments and operating costs. Section 4. Payment (a) City shall pay its general assessment and service contribution of $272,284 within 30 days of invoice. (b) Authority shall provide City a quarterly status report on capital or other special projects. (c) Payment shall be made directly to Authority at the following address, unless City is notified in writing by Authority of a new address: Valley Regional Transit 700 NE 2nd St Suite 100 Meridian, Idaho 83642 (d) City's address, for the purpose of invoice, notice or correspondence, unless Authority is notified in writing by City of a new address, is as follows: City of Meridian 33 E. Broadway Meridian, Idaho 83642 Page 2 of 5 Page 399 Item#16. Section 5. Contact Information (a) Authority point of contact for this agreement is: Jason Jedry, Controller,iiedry@valleyregionaltransit.org, 208.258.2709 (b) City point of contact for this agreement is: Miranda Carson, Comprehensive Associate Coordination Planner, mcarson@meridiancity.org Section 6. Miscellaneous (a) Each party hereto represents and warrants that each person executing this Agreement on behalf of such party is, at the time of such execution, duly authorized to do so by such party's governing body, and is fully vested with the authority to bind such party in all respects. (b) If any provision of this Agreement is held invalid, illegal, or unenforceable, the remainder shall be construed to conform to the intent of the parties, and shall survive the severed provisions. (c) Except as provided otherwise herein, this Agreement and any attachments hereto constitute the entire Agreement between Authority and City concerning the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. (d) The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. (e) This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third party beneficiary rights in any person not a party hereto. (f) This Agreement shall be binding on the parties hereto, and their successors and assigns. Section 6. Indemnification To the extent permissible by law,Authority shall indemnify, defend, protect and hold harmless City, and it's officers, agents and employees, from and against any and all liabilities, losses, suits, claims,judgments, fines or demands arising by reason of injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof(including but not limited to attorney fees, court costs, and expert fees), of any nature whatsoever (collectively, "Claims") arising out of or incident to this Agreement, and any renewal or extension thereof, and arising out of or caused by the negligent or intentional acts or omissions of Authority, it's officers, agents and employees, regardless of where the injury, death, or damage may occur, except to the extent any such Claims arise out of or are caused by the negligent or intentional act or omission of City or its officers, agents and employees. City shall give to Authority reasonable notice of any such Claims. Authority shall notify City of the counsel to be used in carrying out its obligations hereunder. City must state any reasonable objection that it may have regarding the use of said counsel. The provisions of this section shall be deemed to be a separate contract between the parties and shall survive the expiration or any default, termination or forfeiture of this Agreement, and any renewal or extension thereof. Notwithstanding anything to the contrary in the foregoing, City's right to indemnification pursuant to the foregoing shall be limited to indemnification for such Page 3 of 5 Page 400 Item#16. Claims for which City incurs actual liability or expense. The foregoing indemnification includes, without limitation, any Claim arising out of or caused by the noncompliance of any services, programs, or activities provided by Authority under this Agreement with all applicable federal, state, and local statutes, regulations, and requirements, including, but not limited to, the Americans with Disabilities Act(ADA). Notwithstanding anything to the contrary in the foregoing, (i) no employee or officer of Authority shall be personally liable to City under this Agreement, (ii) with respect to third party Claims, both Authority and City expressly reserve any and all of the privileges and immunities available to them, if any, under Idaho law, and (iii) the agreement of Authority to hold harmless or indemnify City shall be limited to, and be payable only from, Authority's available insurance or self-insurance coverage for liability assumed by contract available as a part of its general liability insurance program." EXECUTED and effective as of the date first above written. Valley Regional Transit: City of Meridian: Kelli Badesheim Robert E. Simison 3-23-2021 Executive Director Mayor Page 4 of 5 Page 401 Item#16. EXHIBIT 1 FY 2021 CITY OF MERIDIAN SERVICE AND CONTRIBUTION DESCRIPTION Pursuant to the FY 2021 Cooperative Agreement between Valley Regional Transit (VRT) and the City of Meridian for Public Transportation Financial Contribution, this exhibit outlines the public transportation activities in the four categories used to generate the contribution request. Regional Overhead: Supports regional planning efforts such as service expansion or revisions to improve transit connections and regional operations such as the regional customer service call center and regional transit Information Technology. In accordance with VRT's local cost allocation methodology, these costs are divided by each jurisdictions share of the regional population. Service Contribution: Meridian is served by routes 40 and 42 which run Monday - Friday and connect Meridian to both Boise and Nampa/Caldwell. VRT's cost allocation methodology distributes the costs of service proportionately to the miles travelled in each jurisdiction served. Approximately 21% of routes 40 and 42 operate within the City of Meridian. Meridian's service contribution was based on a total of 2,240 annual hours of fixed route service to support. Routes Total Annual Hours of Percent of Revenue Annual Hours of Service Miles in Meridian Service for Meridian 40, 42 10,897 20.56% 2,240 Capital Contribution: Supports the maintenance or purchase of physical infrastructure or assets. There were no capital contributions requested in FY2021. Special Assessment: Supports specific activities, projects or programs requested by the City of Meridian. In FY 2021 the City of Meridian special assessments go to support the operations of Harvest Transit and Rides2Wellness. Harvest Transit provides free transportation for seniors, persons with disabilities, and veterans from 9 a.m. to 3 p.m. Monday through Saturday within a designated service area in Meridian. The budgeted annual hours of service for Harvest Transit are 5,196. Rides2Wellness provides free transportation to eligible riders to medical appointments at participating clinics. Costs for this program are assessed on a per ride basis. The budgeted annual rides for Rides2Wellness is 13,297. The Federal Transit Administration provides a 50% match for local contributions to this program. Local contributions to this program come from St. Luke's, St. Alphonsus and the City of Meridian. Funding made available through the Coronavirus Aid, Relief and Economic Security (CARES) Act have also made it possible to pilot a service between Meridian and the Boise Veterans Administration Medical Center. The budget for this pilot is based on 2,600 annual rides. Funding for this pilot beyond FY 2021 is yet to be determined. Page 5 of 5 Page 402 Item#17. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Finance Department: Annual Fund Balance Transfer Proposal Page 403 Item#17. OVE I IDAN LL Interoffice Memo 3/23/2021 To: Mayor Robert Simison, Council President Treg Bernt, Council Vice President Brad Hoaglun, Councilman Joe Borton, Councilwoman Liz Strader, Councilwoman Jessica Perreault, Councilman Luke Cavener From: Todd Lavoie, Chief Financial Officer Ref: Approval Fund Balance Transfer • The below request is an annual process performed by the Chief Financial Officer to propose considerations for the transferring of Fund Balance dollars between funds. o The request is proposed annually after the Audited Financial Report is presented to Council stating the actual changes to Fund Balance for the prior fiscal year. • Request #1 is an annual proposal directed by Ordinance 1-9-3 Funds and fund balance policy(6). o Any excess revenues generated by the Community Development department in any fiscal year may be transferred from the General Fund to the Capital Improvement Fund. 1. Request Council approval of an Interfund Transfer in the amount o£ a. $3,464,073 (Three Million Four Hundred Sixty-Four Thousand and Seventy-Three dollars) i. Transfer of excess revenues generated in FY2020 by the Community Development Department to the Capital Improvement Fund following Ordinance 1-9-3 Funds and fund balance policy(6). 2. Request Council approval of an Interfund Transfer in the amount o£ a. $1,000,000 (One Million dollars) i. Transfer of available General Fund Balance to the Public Safety Fund for future acquisition of Public Safety Capital needs. Page 404 Item#18. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 21-2263: A Resolution of the Mayor and City Council of the City of Meridian to Amend the City of Meridian Standard Operating Policy and Procedure Manual by Adding a New Policy 5.7 -Vacation Leave Accrual Rollover Program and Amending Policy 5.5 — Director Benefits Program; and Providing an Effective Date Page 405 Item#18. CITY OF MERIDIAN RESOLUTION NO. 21-2263 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL BY ADDING A NEW POLICY 5.7 -VACATION LEAVE ACCRUAL ROLLOVER PROGRAM AND AMENDING POLICY 5.5—DIRECTOR BENEFITS PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have authority over the operations, policies, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. City of Meridian Standard Operating Policy and Procedure Manual by Adding a New Policy 5.7 Vacation Leave Accrual Rollover Program and Amending Policy 5.5 Director Benefits Program; copies of said policies and procedure is attached and incorporated by reference as Exhibit"A". SECTION 2. This Resolution shall be in full force and effect on March 1, 2021. ADOPTED by the City Council of the City of Meridian, Idaho,this 23rd day of March , 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 23rd day of March, 2021. APPROVED: Mayor Robert E. Simison 3-23-2021 ATTEST: By: Chris Johnson, City Clerk 3-23-2021 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL BY ADDING A NEW POLICY 5.7-VACATION ACCRUAL ROLLOVER PROGRAM AND AMENDING POLICY 5.5—DIRECTOR BENEFITS PROGRAM Page 406 Item#18. City of Meridian 1 Standard Operating Procedures Number 5.5 Director Benefits Program Purpose: To set forth the City's procedures outlining additional benefits for the department directors of the City. Procedures and Related Information: I. The department directors shall receive the following benefits in addition to the other City benefits provided: A. No introductory period of employment; B. Annual Leave accrual at 18 hours per month with a maximum accrual of 432 hours; C. 1,4 ef-accrued vaeatiep leave -annually (maximum annual cenversien ameunt is i(K)heuFs) an- direet .t te _a Gity deferred cempensatien plan (All 1RS FegulatieRs "^,,;* "^ adheFed *^`; Ability to convert accrued vacation leave annually per City Policy 5.7 Vacation Leave Accrual Rollover Program; D. Upon beginning of employment,the director will receive a bank of 40 hours of sick leave and 16 hours of annual leave; E. The City will pay for an additional $80,000 in life insurance coverage above and beyond the City provided coverage; F. If necessary,the City will provide up to the 21 days of paid coverage to qualify for Short Term Disability program (STD). Directors own available leave must be applied first; G. If necessary,the City will provide "make-up" pay between STD and the director's salary for up to 90 days or until Long Term Disability(LTD) becomes available. Director's own available leave must be applied first; H. If necessary,the City will provide "make-up" pay between LTD and the director's salary for up to 90 days. Director's own available leave must be applied first. II. In areas where director benefits exceed regular employee benefits, directors shall receive the greater benefit. Revision Date: 10/202 Page 407 Item#18. C�WF,Nt r.� City of Meridian Standard Operating Policy Number 5.7 Vacation Leave Accrual Rollover Program Purpose: To set forth the City's policy regarding the Vacation Leave Accrual Rollover Program. Policy: The Vacation Time Accrual Rollover Program was designed in support of the City's Vision to provide competitive benefits for all employees' post retirement needs. City Council has the authority to approve or deny the Vacation Leave Accrual Rollover Program at any time to maintain the financial stability of the City. This policy shall be implemented pursuant to the Vacation Leave Accrual Rollover Program Standard Operating Procedures. Authority and Responsibility: Human Resources Department is responsible for administering this Policy. Revision Date:xx/xxx Page 408 Agenda Item Items Moved From Consent Agenda Item#17. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Finance Department: Annual Fund Balance Transfer Proposal Page 403 Item#17. OVE I IDAN LL Interoffice Memo 3/23/2021 To: Mayor Robert Simison, Council President Treg Bernt, Council Vice President Brad Hoaglun, Councilman Joe Borton, Councilwoman Liz Strader, Councilwoman Jessica Perreault, Councilman Luke Cavener From: Todd Lavoie, Chief Financial Officer Ref: Approval Fund Balance Transfer • The below request is an annual process performed by the Chief Financial Officer to propose considerations for the transferring of Fund Balance dollars between funds. o The request is proposed annually after the Audited Financial Report is presented to Council stating the actual changes to Fund Balance for the prior fiscal year. • Request #1 is an annual proposal directed by Ordinance 1-9-3 Funds and fund balance policy(6). o Any excess revenues generated by the Community Development department in any fiscal year may be transferred from the General Fund to the Capital Improvement Fund. 1. Request Council approval of an Interfund Transfer in the amount o£ a. $3,464,073 (Three Million Four Hundred Sixty-Four Thousand and Seventy-Three dollars) i. Transfer of excess revenues generated in FY2020 by the Community Development Department to the Capital Improvement Fund following Ordinance 1-9-3 Funds and fund balance policy(6). 2. Request Council approval of an Interfund Transfer in the amount o£ a. $1,000,000 (One Million dollars) i. Transfer of available General Fund Balance to the Public Safety Fund for future acquisition of Public Safety Capital needs. Page 404 Item#19. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Procurement Month L40l Item#19. (.�VERJDIANIJ'� - The Office of the Nayor P RO Cl AJW ATIOJV WHEREAS, the public procurement profession plays a significant role in the efficiency and effectiveness of both government and business; and, WHEREAS, in addition to the purchase of goods and services, Procurement adds value to the organization by performing such functions as executing, implementing and administering contracts, developing strategic procurement strategies and cultivating working relationships with suppliers and other departments within the organization; and, WHEREAS, Idaho government procurement professionals dedicate themselves to providing the best value for every taxpayer dollar and continue to expand their knowledge, skills and abilities; and, WHEREAS, the Idaho Public Purchasing Association (IPPA) through its members is committed to providing high-caliber strategic, logistical and operational support of all agencies associated with the Chapter; and, WHEREAS, the IPPA recognizes, supports and practices the Public Procurement Values and Guiding Principles of Accountability, Ethics, Impartiality, Professionalism, Service and Transparency, established by the Institute for Public Procurement (NIGP). THEREFORE, I, Mayor Robert E. Simison, hereby proclaim March 2021 as Procurement Nonth in the City of Meridian and urge the residents of our community to join the Idaho Public Purchasing Association in recognizing the role of the purchasing and materials management profession within business, industry a gov nment. Dated this 23rd day of March, 2021 V Robert E. S miso Mayor Treg Bernt, Council President Brad Hoaglun, City Council Vice-President � Liz Strader, City Council Joe Borton, City Council Jessica Perreault, City Council Luke Cavener, City Council Page 410 Future Meeting Topics — Public Forum Signing up prior to the start of the meeting is required. This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active Land Use/Development Application. By Law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that a topic be added to a future meeting agenda for more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN - IN SHEET Date . March 23 , 2021 Prior to the commencement of the meeting a person wishing to address the Mayor and City Council MUST sign in and limit their comments to the matter described below. Complaints about individuals, city staff, business or private matters will not be allowed. Testimony or comment on an active application or proposal that is or will be pending before Planning and Zoning or City Council is strictly prohibited by Idaho law. Each speaker will have up to three (3) minutes to address the Mayor and Council, but the chair may stop the speaker if the matter does appear to violate guidelines, varies from the topic identified on this sign in sheet or other provisions of law or policy. Print Name Provide Description of Discussion Topic Item#20. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Hearing for Summer 2021 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Page 411 PUBLIC HEARING SIGN IN SHEET DATE : March 23 , 2021 ITEM # ON AGENDA : 20 Parks and Recreation 2021 Summer Fee Schedule PRINTED FULL NAME For Against Neutral Want to Testify YES OR NO 1 2 3 4 5 � 6 i 8 9 10 11 12 13 14 15 Item#20. CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BERNT,BORTON, CAVENER, HOAGLUN,PERREAULT, STRADER A RESOLUTION ADOPTING NEW FEES OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice in the Meridian Press on March 12, 2021 and March 19, 2021, according to the requirements of Idaho Code section 63-1311A, on March 23, 2021 the City Council of the City of Meridian held a hearing on the adoption of proposed new fees of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council,by formal motion, did approve said proposed new fees of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That the 2021 Summer Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the fees adopted for the 2021 Summer Activity Guide shall remain in effect as to those classes until such classes are concluded, at which point the fees set forth in Exhibit A hereto shall supersede any and all fees for the enumerated services previously adopted. Section 3. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of Mar. 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this day of Mar. 2021. APPROVED: Robert Simison, Mayor ATTEST: Chris Johnson, City Clerk ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 1 OF 4 page 412 Item#20. CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. on Tuesday, March 23, 2021, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding proposed new and amended fees as set forth below. Further information is available at the Parks &Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Proposed new or amended fees: EXHIBIT A 2021 Summer Activity Guide Class Fees: Jazz/Ballet Classes: ages 2 -3 $45.00 Jazz/Ballet Classes: ages 4-5 $52.00 Jazz/Hip Hop Classes: ages 6- 8 $60.00 Jazz/Hip Hop Classes: ages 9- 12 $60.00 Ballet 1 $52.00 Ballet 2 $60.00 Ballet 3 $60.00 Pointe/Pre Pointe $60.00 Motions Medley classes: ages 6- 12 $60.00 Enchanted Dance Classes: ages 2-5 $40.00 Motions Dairy Days Dancing Parade Camp $35.00 Motions Cheer: ages 5 -7 $52.00 Motions Cheer: ages 8- 13 $60.00 Cheer Team Fitness $85.00 Tumble & Twist Classes: ages 1.5 -2 $45.00 Tumble & Twist Classes: ages 3 -5 $52.00 Beginning Tumbling Classes: ages 6 & older $53.00 Intermediate Tumbling &Acro: ages 6 & older $60.00 Amazing Athletes $64.00 Disc Golf $29.00 - $44.00 Introduction to Rock Climbing $140.00 Intermediate Rock Climbing $180.00 Martial Arts for All Ages, Beginning& Intermed. /Advanc. $40.00 Kendo: Japanese Fencing $30.00 Lego Camps $70.00 - $75.00 Introduction to the sport of Fencing $100.00 Let's Get Messy $85.00 ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 2 OF page 413 Item#20. Feathers &Fur: Animals of Idaho $85.00 Destination World $85.00 CPR/First Aid/AED $50.00 Outdoor Adventure Camp $185.00 Outdoor Adventure Camp: Jul 6-Jul 9 $148.00 Let's Play Sports Camp $44.00 Let's Play Sports Camp: Jul 6-Jul 9 $37.00 Tiny Tots Tennis Lessons $21.00 - $42.00 Junior Tennis Lessons $21.00 - $42.00 Camp Mer-IDA-Moo Full Day $110.00 Camp Mer-IDA-Moo Full Day: Jul 6-Jul 9 $88.00 Young Rembrandt Art Classes $48.00 - $120.00 Little Pallets Art Classes $50.00 - $65.00 Yoga-All Levels $42.00 Yoga-Gentle Yoga $42.00 Yoga-Beyond the Basics $42.00 Yoga-Unlimited Yoga $54.00 Somatic Yoga& Gentle Stretch $42.00 Intro to Yoga Workshop $10.00 Jazzercise $55.00 Pickeball 101 $60.00 Line Dancing-Beginner $20.00 - $25.00 Line Dancing-Intermediate $20.00 - $25.00 Line Dancing- Improver $20.00 - $25.00 Line Dancing-Choose your dates option $35.00 Intermediate 2-step $50.00 Country Sampler $40.00 - $50.00 West Coast Swing $40.00 - $50.00 Digital Photography $70.00 The Photographers Eye $70.00 Starlight Mt. Theater $48.00 Whitewater Rafting- Full Day Trip $105.00 Whitewater Rafting- Half Day Trip $65.00 DATED this day of , 2021. Chris Johnson, CITY CLERK PUBLISH on March 12 and March 19. ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 3 OF page 414 Item#21. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 21-2264: A Resolution Adopting the Summer 2021 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Page 415 Item#21. CITY OF MERIDIAN RESOLUTION NO. 21-2264 BY THE CITY COUNCIL: BERNT,BORTON, CAVENER, HOAGLUN,PERREAULT, STRADER A RESOLUTION ADOPTING NEW FEES OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice in the Meridian Press on March 12, 2021 and March 19, 2021, according to the requirements of Idaho Code section 63-1311A, on March 23, 2021 the City Council of the City of Meridian held a hearing on the adoption of proposed new fees of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council,by formal motion, did approve said proposed new fees of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That the 2021 Summer Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the fees adopted for the 2021 Summer Activity Guide shall remain in effect as to those classes until such classes are concluded, at which point the fees set forth in Exhibit A hereto shall supersede any and all fees for the enumerated services previously adopted. Section 3. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 23rd day of Mar. 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 23rd day of Mar. 2021. APPROVED: Robert Simison, Mayor 3-23-2021 ATTEST: Chris Johnson, City Clerk 3-23-2021 ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 1 OF 4 page 416 Item#21. CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. on Tuesday, March 23, 2021, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding proposed new and amended fees as set forth below. Further information is available at the Parks &Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Proposed new or amended fees: EXHIBIT A 2021 Summer Activity Guide Class Fees: Jazz/Ballet Classes: ages 2 -3 $45.00 Jazz/Ballet Classes: ages 4-5 $52.00 Jazz/Hip Hop Classes: ages 6- 8 $60.00 Jazz/Hip Hop Classes: ages 9- 12 $60.00 Ballet 1 $52.00 Ballet 2 $60.00 Ballet 3 $60.00 Pointe/Pre Pointe $60.00 Motions Medley classes: ages 6- 12 $60.00 Enchanted Dance Classes: ages 2-5 $40.00 Motions Dairy Days Dancing Parade Camp $35.00 Motions Cheer: ages 5 -7 $52.00 Motions Cheer: ages 8- 13 $60.00 Cheer Team Fitness $85.00 Tumble & Twist Classes: ages 1.5 -2 $45.00 Tumble & Twist Classes: ages 3 -5 $52.00 Beginning Tumbling Classes: ages 6 & older $53.00 Intermediate Tumbling &Acro: ages 6 & older $60.00 Amazing Athletes $64.00 Disc Golf $29.00 - $44.00 Introduction to Rock Climbing $140.00 Intermediate Rock Climbing $180.00 Martial Arts for All Ages, Beginning& Intermed. /Advanc. $40.00 Kendo: Japanese Fencing $30.00 Lego Camps $70.00 - $75.00 Introduction to the sport of Fencing $100.00 Let's Get Messy $85.00 ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 2 OF page 417 Item#21. Feathers &Fur: Animals of Idaho $85.00 Destination World $85.00 CPR/First Aid/AED $50.00 Outdoor Adventure Camp $185.00 Outdoor Adventure Camp: Jul 6-Jul 9 $148.00 Let's Play Sports Camp $44.00 Let's Play Sports Camp: Jul 6-Jul 9 $37.00 Tiny Tots Tennis Lessons $21.00 - $42.00 Junior Tennis Lessons $21.00 - $42.00 Camp Mer-IDA-Moo Full Day $110.00 Camp Mer-IDA-Moo Full Day: Jul 6-Jul 9 $88.00 Young Rembrandt Art Classes $48.00 - $120.00 Little Pallets Art Classes $50.00 - $65.00 Yoga-All Levels $42.00 Yoga-Gentle Yoga $42.00 Yoga-Beyond the Basics $42.00 Yoga-Unlimited Yoga $54.00 Somatic Yoga& Gentle Stretch $42.00 Intro to Yoga Workshop $10.00 Jazzercise $55.00 Pickeball 101 $60.00 Line Dancing-Beginner $20.00 - $25.00 Line Dancing-Intermediate $20.00 - $25.00 Line Dancing- Improver $20.00 - $25.00 Line Dancing-Choose your dates option $35.00 Intermediate 2-step $50.00 Country Sampler $40.00 - $50.00 West Coast Swing $40.00 - $50.00 Digital Photography $70.00 The Photographers Eye $70.00 Starlight Mt. Theater $48.00 Whitewater Rafting- Full Day Trip $105.00 Whitewater Rafting- Half Day Trip $65.00 DATED this 23rd day of March , 2021. Chris Johnson, CITY CLERK 3-23-2021 PUBLISH on March 42 and March 19. ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 3 OF page 418 Item#22. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Hearing for Community Development Block Grant (CDBG) Program: Substantial Amendment to Program Year 2019 Action Plan Page 419 PUBLIC HEARING SIGN IN SHEET DATE : March 23 , 2021 ITEM # ON AGENDA : 22 Community Development Block Grant Program Substantial Amendment to Program Year 2019 Action Plan PRINTED FULL NAME For Against Neutral Want to Testify YES OR NO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 PYI9 AC710N PLAN AMENDMENT Item#22. PURPOSE Accept additional CARES Act Funding Use small amount for administrative activities Increase funding for public services Page 421 PYI9 AC710N PLAN AMENDMENT Item#22. CHANGES TO ACTION PLAN Update areas to show we followed our process for community involvement Include the additional funding in all appropriate areas Update the funding allocated to public services and include funding for admin Page 423 Item#22. i i PUBLIC COMMENTS i Georgia Konkoly - Looks like a well thought out Plan! i John Anderson - Recommended we do not accept the funding, this is part of a bigger issue where we are becoming dependent on the government. See Overview for full comments. i Councilwoman Perreault - Discussion during last presentation regarding our ability to spend the funds. See Overview for details. i Page 424 5. PYI9 AC710N PLAN AMENDMENT Item#22. NEXT STEPS • Public Hearing • Close public comment period • Resolution • Submit to HUD Page 426 PYI9 AC710N PLAN AMENDMENT OctoberACTION P LAN __ 11 j AR 'mow •z' ,. _ ';�. a a ant qw, yr�y 4} !! J�LJ ixr a ' '• _1 ice.ALL. L.. �i-v � _ l• t. _,�;• , fir• •�� -��.� � � PREPARED 8Y Crystal Campbell ccampbell�meridianeity.org ��a Hv h#tpsJlm eri di ancity.orgf cd fig{ Item#22. Community Development Block Grant(CDBG) PY19 Action Plan Contents ExecutiveSummary.................................................................................................................................1 AP-05 Executive Summary- 24 CFR 91.200(c), 91.220(b) .....................................................................1 PR-05 Lead & Responsible Agencies—91.200(b) ................................................................................54 AP-10 Consultation—91.100, 91.200(b), 91.215(I) .............................................................................6-5 AP-12 Participation—91.105, 91.200(c) ......................................................................................... 1939 ExpectedResources...........................................................................................................................232-2- AP-15 Expected Resources—91.220(c)(1,2) ...................................................................................232-2 Annual Goals and Objectives .............................................................................................................262-5 AP-20 Annual Goals and Objectives ...............................................................................................262-5 AP-35 Projects—91.220(d).............................................................................................................29--.?g AP-38 Project Summary.................................................................................................................302-9 AP-50 Geographic Distribution—91.220(f).....................................................................................36` 5 AffordableHousing............................................................................................................................37-36 AP-55 Affordable Housing—91.220(g) ...........................................................................................37-3b AP-60 Public Housing—91.220(h)..................................................................................................38-3-7 AP-65 Homeless and Other Special Needs Activities—91.220(i).....................................................40-.','39 AP-75 Barriers to affordable housing—91.220(j)............................................................................4342- AP-85 Other Actions—91.220(k)....................................................................................................444-3 Program Specific Requirements.........................................................................................................4746 AP-90 Program Specific Requirements—91.220(I)(1,2,4) ...............................................................4746 Attachments......................................................................................................................................4847- Citizen Participation Comments.....................................................................................................4949 PY19Action Plan........................................................................................................................4949 PY19 Action Plan Amendment ...................................................................................................4949 PY19 Action Plan Amendment—CDBG-CV..................................................................................5168 Grantee Unique Appendices..........................................................................................................54-54 Page 429 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan Consolidated Plan and Fair Housing Assessment........................................................................5454 PublicNotice..............................................................................................................................6864 Resolution .................................................................................................................................7674 SF 424's and Certifications.............................................................................................................797-4 PY19Funding.............................................................................................................................797-4 CDBG-CV Funding......................................................................................................................8984 Page 430 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The City of Meridian was designated an Entitlement Community by the U.S. Department of Housing and Urban Development(HUD) in 2007.This designation allows the City to receive funds directly from HUD's Community Development Block Grant(CDBG) Program on an annual basis.The City is currently working under the regulatory Five-Year Consolidated Plan (Con Plan)for program years 2017-2021. The Con Plan describes the anticipated strategies,goals,and community development needs identified during a collaborative process that included input from community members and local entities. This Action Plan is for the third year of the 2017-2021 Con Plan and will provide direction to the City of Meridian CDBG Program (Program)for Program Year 2019 (PY19) which spans from October 1, 2019— September 30, 2020.The PY19 Action Plan provides a summary of the actions, activities, and resources that will be used during PY19 to address the goals and priority needs identified in the 2017-2021 Con Plan. 2. Summarize the objectives and outcomes identified in the Plan The City is focusing its activities and funding during PY19 on 1) improving accessibility, 2) enhancing homeownership opportunities, 3) promoting fair housing,and 4) providing social services to Meridian LMI residents. To improve accessibility the City will coordinate with the Parks and Recreation Department to connect the Five Mile Creek Pathway to Lakes Place, improving access and safety for pedestrians. City staff will also coordinate with the Public Works Department to upgrade/install streetlights along walking routes to Meridian schools.These activities will improve the public infrastructure to increase the ease of access for all Meridian residents. To enhance homeownership opportunities the City will provide funding to the Ada County Housing Authority(ACHA)to supplement the down payment and closing costs associated with purchasing a home in Meridian for first-time homebuyers.This assistance combined with financial education will allow eligible households with a low-to moderate-income (LMI) overcome their financial barriers and access permanent housing they can afford. To promote fair housing the City will collaborate with the Cities of Boise, Caldwell, and Nampa to educate the community on fair housing. This collaboration has a dual purpose,which benefits both residents and housing providers. Residents are informed of their rights and how to recognize and report possible discrimination. The other purpose is to be proactive by educating housing providers of their legal obligations to provide fair housing as well as the benefits of expanding fair housing choice. To provide social services the City will provide funding to The Jesse Tree of Idaho and CATCH to offer emergency assistance to Meridian residents who are at risk of homelessness or termination of utilities; and the Boys& Girls Club to provide scholarships for children to participate in extended care City of Meridian 1 Page 431 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan programs. These projects were selected to provide stability with wrap-around services that offer childcare for caregivers to work and emergency housing assistance for those in need. Additionally,the City will use funding provided by the CARES Act(CDBG-CV)to prioritize projects for services related to homelessness prevention and stabilization,food security, behavioral health (mental health and substance use disorders), and domestic/intimate partner violence and sexual assault. Projects funded with CDBG-CV will provide assistance to those who have been affected by COVID-19. 3. Evaluation of past performance Since 2007, Meridian has successfully managed over$3.5 million in resources from its annual CDBG allocation. Over these 12 years,the City's expenditures from its CDBG allocation have focused on supporting social service provider operations such as the Meridian Food Bank, improving community facilities for organizations such as the Boys and Girls Club and Meridian Development Corporation; addressing accessibility barriers to places such as parks and trails, Meridian Libraries, and sidewalk projects; preventing homelessness with emergency assistance through The Jesse Tree of Idaho; and assisting with homeownership attainment for low-and moderate-income buyers through the Ada County Housing Authority and NeighborWorks Boise. The City successfully produced Consolidated Annual Performance and Evaluation Reports (CAPERS)for all previous program years.The CAPERS demonstrated that over 90 percent of the funds expended during the previous program years were invested in activities benefiting low to moderate-income individuals and families,which is well over the 70 percent statutory minimum requirement.Aside from Program Year 2016, the City has met its expenditure of grant funds deadlines imposed by HUD each year. All of the prior program years'activities meet critical needs in Meridian.The primary challenges encountered during the last Consolidated Plan period were timing-and contact-related.To address these challenges,the City has implemented more stringent requirements for subrecipients, particularly in meeting expected schedules. Over the last 18 months,the City has been effective at organizing, streamlining,and managing its CDBG processes to provide the most benefit for each CDBG dollar granted while complying with federal timeliness requirements. 4. Summary of Citizen Participation Process and consultation process The citizen participation process for the PY19 Action Plan followed the process identified in the City's Citizen Participation Plan,adopted with the 2017-2021 Con Plan. Public comments were accepted from May 31, 2019 to July 16, 2019 with a public hearing being held on July 16, 2019.The City published legal notices in two local newspapers (Idaho Statesman and Meridian Press Tribune—formerly the Valley Times) and posted the draft Action Plan on the City's website on May 31, 2019. Presentations of the draft Action Plan and included projects were provided to the public and City Council on May 7, 2019, June 4, 2019, and July 16, 2019.The one comment that was received was reviewed, responded to, and included as an attachment to this plan. To broaden public participation in the development of the plan,the City coordinated with several organizations that work with LMI populations to gain a better understanding of the community needs and identify projects that would be beneficial to the residents of Meridian.The feedback received City of Meridian r 12 Page 432 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan supported the goals and strategies identified in the 2017-2021 Con Plan. Invitations to apply were provided through e-mails, phone calls, and publication announcements on the City website, Boise City/Ada County Continuum of Care (CoC) distribution list, Region 4 Behavioral Health Board distribution list, and in the local newspaper. For the amendment,the public comment period opened on March 6, 2020 for all items other than those related to the CARES Act. The public comment period was scheduled to close after the public hearing on April 7, 2020. However,the public comment period was extended to April 28, 2020 so staff could include the additional funding provided by the CARES Act,which was passed on March 27, 2020. The updated amendment that includes CDBG-CV funding was available for public comment from April 22, 2020 to April 28, 2020. The public hearing was held at the Council meeting on April 28, 2020. The Citizen Participation Plan was also updated to reflect the waiver provided under the CARES Act to allow the reduction of the public comment period to five (5) days under extraordinary circumstances as well as to allow alternative hearing formats. The second amendment was available for public comment from February 26, 2021 to March 23, 2021 with a public hearing being held on March 23, 2021. The City's Citizen Participation Plan requires a minimum five (5) day public comment period when there is a HUD waiver in place as there is now due to COVID-19. The City has exceeded the five (5) day requirement by providing 25 days for the public comment period. The City published legal notices in two local newspapers (Idaho Statesman and Meridian Press Tribune) and posted the draft Action Plan on the City's website on February 25, 2021. Presentations of the draft Action Plan and included protects were provided to the public and City Council on March 16, 2021 and March 23, 2021. 5. Summary of public comments One comment was received from Councilman Borton regarding default rates during the lifetime of our Homeownership Assistance Program. There have been no defaults. For the amendment, one public comment was received from CATCH requesting to change the scope of their project to homelessness prevention to better meet the needs in the current environment. Staff supports this request. Another comment was received from Councilwoman Strader regarding the likely need for additional services related to homelessness prevention. CDBG-CV funding prioritizes homelessness prevention. Add comments for second amendment. 6. Summary of comments or views not accepted and the reasons for not accepting them N/A 7. Summary The City of Meridian has collaborated with stakeholders throughout the community to develop the PY19 Action Plan in a manner that is consistent with the goals and strategies identified in the 2017-2021 Con Plan,which remains relevant to the current needs of the community. The City plans to continue City of Meridian 13 Page 433 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan improving the Program based on feedback from the community to ensure the intent of the Program continues to be met. City of Meridian P a g e 14 Page 434 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan PR-05 Lead & Responsible Agencies — 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator MERIDIAN Planning Division, Community Development Dept. Table 1—Responsible Agencies Narrative (optional) The Meridian CDBG Program is part of the City of Meridian's Community Development Department and falls under the Planning Division. The Program works closely with Planning Division staff and Economic Development Division staff as well as other Departments in the City such as Public Works, Finance, and Parks and Recreation. Consolidated Plan Public Contact Information Crystal Campbell, Community Development Program Coordinator Community Development Department City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 208-489-0575 City of Meridian P a g e 15 Page 435 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan AP-10 Consultation — 91.100, 91.200(b), 91.215(I) 1. Introduction The City of Meridian engages stakeholders via social media, email, and the City's website. Community stakeholders include, but are not limited to: citizens of Meridian; current and past CDBG subrecipients; Idaho Housing and Finance Association (IHFA); Idaho Department of Health and Welfare (Divisions of Behavioral Health, Medicaid,and Public Health); Central District Health Department; Meridian Downtown Business Association; Region 4 Behavioral Health Board; Our Path Home (coordinated entry); Region 4 Crisis Center; and Boise City/Ada County Continuum of Care (CoC). Agencies were identified for participation in the PY19 Meridian CDBG competitive application based on the needs and priorities identified during the 2017-2021 Con Plan planning process. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)) The City collaborated with the Ada County Housing Authority(ACHA),which is the local public housing authority,to assist the City in better understanding ACHA's resources and needs. While there are no public housing units in Meridian,an estimated 10 percent of the housing authority's total voucher supply are used within Meridian City limits. ACHA and the City are both regularly involved with the CoC.The CoC meetings provide an opportunity to collaborate with regional and local housing providers (public, nonprofit, and private) and health and social service agencies (including private and non-profit mental health, emergency, and healthcare providers). During PY18 the City and CoC connected with the Region 4 Behavioral Health Board (BHB), a government entity established by the State of Idaho in coordination with Idaho Health and Welfare.The BHB advises the State Behavioral Health Authority and the State Planning Council of the needs in this region and is facilitated by Central District Health Department (CDHD).This collaboration provides access to a large number of agencies and citizens with expertise in mental health services, substance use disorders, law enforcement, education, and healthcare. The CoC Program Manager and City staff continue to be involved with the BHB to identify ways to enhance coordination between ACHA and healthcare providers, mental health services,and other supportive service agencies. CDHD also provides information related to housing units in which children have been identified as being lead poisoned concerning lead-based paint hazards, but since the majority of houses in Meridian were built after 1980 this has not been a concern. Additionally,the City is undertaking efforts as part of its internal strategic plan to develop a socioeconomic profile of Meridian that will identify gaps in service, likely partnerships,and needs of the community.The City is dedicated to extending further support to organizations that helps meet the identified needs of the community. One need that is readily apparent is the need for affordable housing and rental support. Meridian is dedicated to increasing its affordable housing inventory to ensure residents of all income levels can find housing in Meridian and to providing necessary supportive City of Meridian r 16 Page 436 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan services. City staff will continue to stay engaged with the affordable housing and supportive service community to ensure the City provides important tools and resources to affordable housing developers and supportive service providers. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children,veterans, and unaccompanied youth) and persons at risk of homelessness. The City participates in the CoC,which includes staff members from neighboring communities along with healthcare,foster care and other youth programs, mental health providers,Ada County Sheriff, Boise Police Department and Idaho Department of Juvenile Corrections. CoC efforts have resulted in the launch of Coordinated Entry.This single point of entry for homeless households reduces the duplication gathering household information,care provided by agencies;while prioritizing housing and supportive service needs. The involvement of foster care and other youth programs has encouraged the City to further evaluate the non-traditional homelessness experienced by youth and their families in Meridian. The City has also updated internal policies to include a representative from the CoC in the CDBG Scoring Committee,which reviews applications for CDBG funding and recommends projects to be funded.This collaboration provides an opportunity to involve the CoC in the planning process and identify projects that will address the needs of those who are currently or at risk of homelessness. Additionally,the City acts as a liaison between the Behavioral Health Board (BHB) and the Continuum of Care. The BHB is facilitated by the Central District Health Department and composed of 23 stakeholders, advocates, and professionals including the Idaho Department of Corrections for adults, Boise Police Department,Adult Mental Health staff that are responsible for discharging participants from state run psychiatric facilities,and Children's Mental Health staff that works with families in crisis. Involvement with this group allows the City to understand the broader needs of the community as related to behavioral health in general and specifically for those who are being discharged from institutional settings such as mental health facilities and corrections programs. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City of Meridian does not receive ESG funds. Allocation of ESG is discussed at the CoC meetings, which Meridian staff attend. Meridian's lack of emergency shelters and demonstrated experience with rapid rehousing programs puts the City at a disadvantage for ESG funds.The City continues its work with the Executive and Data and Performance Management Committees of the CoC to provide feedback on changes to the HMIS and data management process of the CoC. 2. Describe Agencies,groups, organizations and others who participated in the process and describe the jurisdiction's consultations with housing, social service agencies and other entities City of Meridian 7 Page 437 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan Table 2—Agencies,groups,organizations who participated 1 Agency/Group/Organization Boise City/Ada County Continuum of Care Agency/Group/Organization Type Housing PHA Services—Housing Services—Children Services—Elderly Persons Services—Victims of Domestic Violence Services-homeless Services—Health Services—Education Services Employment Services—Fair Housing Services—Victims Health Agency Child Welfare Agency Publicly Funded Institution/System of Care Other government—State Other government—Local Regional organization Planning organization City of Meridian P a g e 8 Page 438 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan What section of the Plan was addressed by Homeless Needs-Chronically homeless Consultation? Homeless Needs- Families with children Homelessness Needs-Veterans Homelessness Needs- Unaccompanied youth Homelessness Strategy Briefly describe how the The CoC was consulted as part of the 2017 Consolidated Planning efforts as well as Agency/Group/Organization was consulted.What during the current action planning efforts. Members of this group represent all of are the anticipated outcomes of the consultation the agency/group/organization types listed above and assists the City in or areas for improved coordination? understanding the needs of the community as it relates to housing, homelessness, and fair housing.This consultation was effective in helping the City develop funding recommendations to address homelessness, homelessness prevention, and fair housing activities. 2 Agency/Group/Organization ACHA Agency/Group/Organization Type Housing PHA Services- Housing Regional organization What section of the Plan was addressed by Housing Need Assessment Consultation? Public Housing Needs Homeless Needs-Chronically homeless Homeless Needs- Families with children Homelessness Needs-Veterans Homelessness Needs- Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs HOPWA Strategy Market Analysis City of Meridian P a g e 9 Page 439 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan Briefly describe how the ACHA was contacted by the City to discuss the viability of its homebuyer Agency/Group/Organization was consulted.What assistance program in the midst of a difficult housing market. These discussions are the anticipated outcomes of the consultation helped the City develop funding recommendation for continuing to provide CDBG or areas for improved coordination? dollars to ACHA for down payment assistance.This consultation also led to a discussion about housing development and policies that may change how the City interacts and funds these efforts in the future. 3 Agency/Group/Organization West Ada School District No.2 Agency/Group/Organization Type Services-homeless Services-Health Services-Education Publicly Funded Institution/System of Care What section of the Plan was addressed by Homeless Needs- Families with children Consultation? Homelessness Needs- Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs Briefly describe how the The City discussed the needs of homeless and unaccompanied youth in Meridian's Agency/Group/Organization was consulted.What public education system with the West Ada School District. Conversations led to are the anticipated outcomes of the consultation the City's understanding of the number of unaccompanied youth in the school or areas for improved coordination? system with relatively limited resources and services available to these students and their families.The City identified gaps in services and will continue to work with the West Ada School District to develop a plan to fill those gaps. 4 Agency/Group/Organization CATCH, INC. Agency/Group/Organization Type Housing Services- Housing Services-homeless City of Meridian P a g e 1 10 Page 440 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan What section of the Plan was addressed by Housing Need Assessment Consultation? Homeless Needs-Chronically homeless Homeless Needs- Families with children Homelessness Needs-Veterans Homelessness Needs- Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs Briefly describe how the The City meets often with CATCH to discuss the state of homelessness in Meridian. Agency/Group/Organization was consulted.What CATCH currently houses the coordinated entry efforts of the County and is are the anticipated outcomes of the consultation tracking data related to Meridian's homeless population.These consultations or areas for improved coordination? clarify the need for certain support in Meridian and helping to develop a short- and long-term strategy to meet the needs of those experiencing homelessness in Meridian and across the County. During the coming year the City will provide funding to CATCH to administer a program which provides care coordination and a fast-track process to access SSI/SSDI for those experiencing homelessness who have a disability. 5 Agency/Group/Organization City of Meridian Agency/Group/Organization Type Other government- Local Planning organization Civic Leaders Grantee Department What section of the Plan was addressed by Housing Need Assessment Consultation? Market Analysis Economic Development Anti-poverty Strategy City of Meridian P a g e 11 Page 441 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan Briefly describe how the The City regularly consults with the Mayor's Office, Department of Community Agency/Group/Organization was consulted.What Development, Planning Division, Economic Development officials, Finance are the anticipated outcomes of the consultation Department, Public Works Department, and law enforcement officials to explore or areas for improved coordination? and operationalize the needs of community members in Meridian. Much of the conversation during the consultations surrounding the Action Plan deals with housing needs,wage growth,vacancy and affordability rates of housing, identifying households and areas that may be affected by lead-based paint requirements, and work to address poverty in the community. Many of these conversations are still in their preliminary stage and have not directly created outcomes or improved coordination, but work continues to plan and strategize to develop 1) incentives for affordable housing development; 2) partnerships to address service gaps in Meridian; 3) a clear plan/strategy to increase workforce housing developments;4) a new City Comprehensive Plan that better-addresses and plans for the needs of LMI residents, including those experiencing homelessness; and 5) a socioeconomic profile of the City.All of these will offer insight, strategy, and structure to the City's community development efforts in the coming years. 6 Agency/Group/Organization THE JESSE TREE OF IDAHO, INC. Agency/Group/Organization Type Services- Housing Services-homeless What section of the Plan was addressed by Non-Homeless Special Needs Consultation? Briefly describe how the The Jesse Tree was consulted to discuss the possibility to expand their emergency Agency/Group/Organization was consulted.What rental assistance program in Meridian.They provided insights and clarity into the are the anticipated outcomes of the consultation need for their program due to continually rising rents across the City.This or areas for improved coordination? consultation contributed to an expansion of CDBG funding that will be given to this organization for homelessness prevention services. City of Meridian 12 Page 442 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan 7 Agency/Group/Organization MERIDIAN DEVELOPMENT CORPORATION Agency/Group/Organization Type Publicly Funded Institution/System of Care Other government- Local What section of the Plan was addressed by Slum and Blight Strategy Consultation? Briefly describe how the The local urban redevelopment agency was consulted regarding the priority slum Agency/Group/Organization was consulted.What and blight needs in the City's redevelopment areas and the people in these areas are the anticipated outcomes of the consultation that are affected.These consultations helped inform the priorities and decisions or areas for improved coordination? for funding given to slum and blight projects for PY19. 8 Agency/Group/Organization UNITED WAY OF TREASURE VALLEY Agency/Group/Organization Type Planning organization Foundation What section of the Plan was addressed by Housing Need Assessment Consultation? Anti-poverty Strategy Briefly describe how the The United Way was consulted in efforts to create a Socioeconomic Profile of Agency/Group/Organization was consulted.What Meridian in an effort to better understand the housing,transportation, health, are the anticipated outcomes of the consultation food,financial, and education needs of Meridian's residents.This partnership is or areas for improved coordination? ongoing and will likely result in funding provided to the City by this organization to conduct research and create plans to understand and meet these needs. 9 Agency/Group/Organization City of Boise Agency/Group/Organization Type Other government- Local City of Meridian 13 Page 443 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan What section of the Plan was addressed by Homelessness Strategy Consultation? Non-Homeless Special Needs Market Analysis Economic Development Anti-poverty Strategy Administrative Briefly describe how the The City regularly consults with the City of Boise to ensure that funding Agency/Group/Organization was consulted.What recommendations, administrative practices, and other activities are compliant are the anticipated outcomes of the consultation with federal regulations.The coordination also reflects a shared goal to ensure or areas for improved coordination? that all activities undertaken with CDBG funds work to meet regional needs as well as local needs. 10 Agency/Group/Organization Neighborworks Boise Agency/Group/Organization Type Services- Housing Service-Fair Housing Major Employer What section of the Plan was addressed by Homelessness Strategy Consultation? Non-Homeless Special Needs Briefly describe how the The City worked with NeighborWorks Boise to discuss the viability of a Agency/Group/Organization was consulted.What homeowner rehabilitation program in Meridian. NeighborWorks was not able to are the anticipated outcomes of the consultation develop a program in time to apply for PY19 funding, but plans to work with the or areas for improved coordination? City during PY19 to explore this opportunity. 11 Agency/Group/Organization Idaho Fair Housing Forum Agency/Group/Organization Type Service-Fair Housing What section of the Plan was addressed by Fair Housing Consultation? City of Meridian 14 Page 444 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan Briefly describe how the The City meets with this group to consult on how to advance the fair housing work Agency/Group/Organization was consulted.What of the City and region.These consultations have brought forth fair housing are the anticipated outcomes of the consultation trainings and conferences educating over 1000 people about fair housing law and or areas for improved coordination? practice.These meetings also inform how the City will implement its strategies to affirmatively further fair housing. 12 Agency/Group/Organization Neighbors United Collaborative Agency/Group/Organization Type Services- Housing Services-Health Services-Education Services-Employment Service-Fair Housing Services- Refugees What section of the Plan was addressed by Non-Homeless Special Needs Consultation? Fair Housing Briefly describe how the The City regularly consults with this group to understand how to address the Agency/Group/Organization was consulted.What needs of LMI refugees in Meridian. Much of the discussion leading up to the are the anticipated outcomes of the consultation development of this Annual Action Plan has been around fair housing and or areas for improved coordination? language access services in the community.The City is working with this and other groups to develop resources and materials that can better educate about fair housing best practices while providing refugees and others facing housing discrimination support to overcome negative situations. 13 Agency/Group/Organization Idaho Apartment Association Agency/Group/Organization Type Services- Housing Business Leaders What section of the Plan was addressed by Non-Homeless Special Needs Consultation? Fair Housing City of Meridian P a g e 1 15 Page 445 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan Briefly describe how the The City consults, as needed, with this organization to get the private-sector Agency/Group/Organization was consulted.What perspective on micro and macro issues in the world of housing and fair housing. are the anticipated outcomes of the consultation These consultations have often informed the conversations and decisions taken to or areas for improved coordination? and made by Neighbors United, Idaho Fair Housing Forum,and the CoC's Fair Housing Subcommittee. 14 Agency/Group/Organization Region 4 Behavioral Health Board Agency/Group/Organization Type Services—Housing Services—Children Services—Elderly Persons Services—Persons with Disabilities Services—Victims of Domestic Violence Services—Health Services—Education Services—Victims Health Agency Child Welfare Agency Publicly Funded Institution/System of Care Other government—State Other government—Local Regional organization Planning organization Business Leaders Civic Leaders City of Meridian P a g e 16 Page 446 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan What section of the Plan was addressed by Non-Homeless Special Needs Consultation? Briefly describe how the The BHB was consulted as part of the current action planning efforts. Members of Agency/Group/Organization was consulted.What this group represent all of the agency/group/organization types listed above and are the anticipated outcomes of the consultation assists the City in understanding the needs of the community as it relates to or areas for improved coordination? people with mental health and substance use disorders.This consultation was effective in helping the City develop funding recommendations to address economic stability for people with disabilities. Identify any Agency Types not consulted and provide rationale for not consulting Not applicable; every agency identified was offered an opportunity to participate in the development of the plan. While no agencies were left out,the City does not have a citizen's advisory group to consult with. Citizen's are requested to participate in public hearings and public presentations via social media and local newspapers, but there is no formal group. To gather citizen input specific to the slum and blighted area where CDBG funds are to be used,the City contacted residents who live in that area directly while the Redevelopment Plan was being developed and again when the Redevelopment Plan was being approved. Residents were also informed of the potential projects in this area during the development of the plan as well as the CDBG process of selecting projects annually. Invitations for public presentations related to the Action Plan and Project Applications were then sent out by email and social media. During PY19 the City would like to formalize a citizen participation group that will be actively involved in providing feedback on the direction of Meridian's CDBG program. In PY19,the City would like to improve its coordination with housing developers, particularly those developers who specialize in the development of workforce and affordable housing. Increased efforts were not made this year to reach out to these groups as the City is still working to develop internal strategies and plans about how it wants to address the affordable housing needs in the community and how to engage developers in that process.The City is also developing a new Comprehensive Plan that includes consultants doing consultations in the coming months.The decision was made to couple the needed consultation efforts of these Community Development activities with comprehensive planning consultation activities. City of Meridian Q 17 Page 447 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? The City maintains goals of improving economic outcomes of low income residents, Idaho Housing and providing emergency rental assistance, and improving housing options and social and Continuum of Care Finance Association,Ada supportive services for people including but not limited to people with special needs and County, City of Boise individuals/families leaving domestic violence situations.These will contribute to the CoC objective of Ending Chronic Homelessness by preventing Meridian residents from falling into homelessness. Idaho Housing and The fair housing strategies established for Meridian considered opportunities to State of Idaho Finance Association; collaborate with the State.The City regularly involves representatives from IHFA, City of Analysis of Idaho Department of Boise, City of Nampa, City of Caldwell,and Idaho Department of Commerce in the Impediments Commerce planning,funding, and implementation efforts of fair housing activities in the region and state. Meridian Meridian Planning The City Comprehensive Plan was consulted during preparation of the Consolidated Plan Comprehensive Plan Division to ensure goals were consistent with the needs and desires of the community. Land use and zoning regulations were reviewed to assess barriers to housing choice. ACHA Policies and ACHA The housing authority policies and procedures were reviewed to ensure they support Procedures housing choice and address the greatest needs of low income residents. Table 3—Other local/regional/federal planning efforts Narrative (optional) The City is working with various stakeholders throughout the region to develop a comprehensive Action Plan,which will improve collaboration between entities,thereby reducing the duplication of efforts and using limited time and resources more effectively. City of Meridian P a g e 1 18 Page 448 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan AP-12 Participation — 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting In 2017,the City completed an extensive citizen participation procedure to gain public guidance and information for the 2017-2021 Consolidated Plan.The findings of those efforts have informed the priorities, needs, and goals entirely. During the consolidated planning process,the feedback received from public surveys,stakeholder interviews, and other public feedback created the framework for which all CDBG goals and action plans will be based on.The City has the goal to use the public feedback from the Con Plan to inform funding decisions proposed in this and subsequent annual action plans. In addition to the consolidated plan citizen participation processes, the City has undergone all federally required citizen participation requirements for this action plan.The City encouraged participation in developing and implementing the plan with not only low-and moderate-income persons but also with local and regional institutions,the Continuum of Care, businesses, developers, non-profits,community members, and faith based organizations.These include a minimum 30-day public comment period with a formal public hearing during that comment period.The City published legal notices in two local newspapers (Idaho Statesman and Meridian Press) and posted the PY19 Draft Action Plan on the City's website. Staff worked with the City's Communication Department to share information regarding the recommended projects and priorities for the upcoming year as well as the public comment period and public hearing.The Communication Department shares information via Facebook,Twitter, Instagram, Linkedln, Nextdoor, and a City-wide distribution list. CDBG staff also maintains a distribution list specific to those who have shown interest in CDBG and the same information was sent to that distribution list as well as several partner organizations distribution lists.All comments received were reviewed, acknowledged, and included as an attachment to this plan. The CDBG Scoring Committee was responsible for scoring, ranking, and providing funding recommendations for all applications submitted.This Committee consisted of the following representatives: • Four(4) Meridian residents; • Two (2) Finance Department staff; • One (1) City Council member; • One (1) CoC member; • One (1) Community Development Department staff; and • One (1) Mayor's Office staff. This multi-perspective approach to project funding recommendations allows the City to incorporate the viewpoints of a wide representation of interests throughout the community to better embody the needs of Meridian.The largest representation was intentionally Meridian residents to encourage the public to more actively participate in determining the path of the Program in the coming year.The CDBG Scoring Committee reviewed and discussed the merits of all grant applications to develop the final recommendations for funding included in this action plan. City of Meridian 19 Page 449 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of Summary of Summary of comments URL(If response/attendance comments received not accepted applicable) and reasons Non- A public hearing was held at the City 1 Public Hearing targeted/broad N/A N/A community Council meeting on July 16. Public meetings were held during City Council meetings on May 7 and June 4. These meetings One comment was included received from presentations that Councilman Borton outlined the regarding default Non- applications received, rates during the 2 Public Meeting targeted/broad funding lifetime of our N/A community recommendations, Homeownership specific projects, Assistance presentations by Program. There recommended have been no potential defaults. subrecipients, and discussion by Council on the proposed projects. City of Meridian 20 Page 450 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan Sort Order Mode of Outreach Target of Outreach Summary of Summary of Summary of comments URL(If response/attendance comments received not accepted applicable) and reasons Legal notices were N/A N/A published in the Idaho Statesman and Meridian Press Non- Tribune newspapers 3 Newspaper Ad targeted/broad on May 31 that community described the public presentations, comment period, and hearing regarding this plan. Notices of the public N/A N/A comment period and Non- public hearing were 4 Internet Outreach targeted/broad sent out using the community City's social media accounts (Facebook, Twitter, Instagram, Linkedln, Nextdoor). City of Meridian 21 Page 451 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan Sort Order Mode of Outreach Target of Outreach Summary of Summary of Summary of comments URL(If response/attendance comments received not accepted applicable) and reasons Minorities N/A N/A Notices of the public Persons with comment period and disabilities public hearing were sent out using Non- multiple distribution 5 Email targeted/broad lists including that of the Meridian CDBG community Program, Mayor's Residents of Public Office, Behavioral and Assisted Health Board, CoC and ACHA. Housing Minorities N/A N/A Flyers advertising the Persons with public comment disabilities period and public hearing were Non- distributed to 6 Flyers targeted/broad subrecipients to community display to customers, potential customers, Residents of Public and other and Assisted stakeholders. Housing Table 4—Citizen Participation Outreach City of Meridian 22 Page 452 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan Expected Resources AP-15 Expected Resources — 91.22O(c)(1,2) Introduction The City of Meridian anticipated receiving$424,162 in CDBG funds for PY19 and will leverage staff time to complete projects implemented by the City. The majority of CDBG projects are implemented by subrecipients and the City expects funds to be leveraged with CDBG funds to improve the outcome of the project. Additionally,the City has the following prior year resources totaling$69,376.01: • ACHA (IDIS#93) $10,000— participants had difficulty locating affordable homes that were not outbid by other homebuyers. • Admin and Fair Housing (IDIS#94) $25,700.10—the City required less funding than anticipated. • Meridian Library (IDIS#99) $18,254—completed under budget. • Crestwood/Fenway Streetlights (IDIS#100) $15,421.91—completed under budget. Reallocated funds will go toward PY19 Fairview Ave Sidewalk Connection and technical assistance for ACHA to enhance their homebuyer assistance program. Meridian will receive an additional $288,106 under the CARES Act to provide assistance to those who have been impacted by COVID-19. The City will utilize all CDBG-CV funding for public services, prioritizing those related to homelessness prevention and stability, food security, behavioral health, and victims of domestic/intimate partner violence and sexual assault. Meridian will receive an additional $254,197 under the third round of CDBG funding under the CARES Act for a total of$542,303. All CDBG-CV funds will be used for public services and to administer the additional funding. City of Meridian 23 Page 453 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan Anticipated Resources Program Source Uses of Funds Expected Amount Available Year 1 Expected Narrative Description of Funds Annual Program Prior Year Total: Amount Allocation:$ Income: Resources: $ Available $ $ Remainder of ConPlan CDBG public- Acquisition The City has allocated all federal Admin and prior year funding and Planning expects to receive Economic around $400,000 for Development each of the remaining Housing two years of the Con Public Plan. Improvements Public Services 424,162 0 69,376 424,162 800,000 CDBG- Public— Other To prevent, CDBG-CV funds to be CV federal prepare for and used to prevent, prepare respond to the for and respond to the Coronavirus 288,106542,303 0 0 288,196542,303 0 Coronavirus. Table 5-Expected Resources—Priority Table City of Meridian 124 Page 454 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City of Meridian does not receive funding for HUD programs other than CDBG and there are no additional state or federal funds available to leverage for program activities.The City does use local funds to leverage staff time to implement all CDBG activities. The projects identified below anticipates leveraging the following resources: • ACHA—local and federal funds for staff time to administer the homeownership program and to assist with ongoing mortgages for those who qualify; • Boys&Girls Club—private funds to administer the scholarship program and provide additional scholarships to those who are unable to access CDBG funding; • CATCH, Inc.—private funds to administer the program; • City of Meridian—local funds to pay staff salaries; • The Jesse Tree of Idaho—private funds will be used to administer the program and provide additional assistance to those who are unable to access CDBG funding. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan There are currently no publically owned lands within Meridian that have been identified to specifically address needs of the Con Plan or the Action Plan. Discussion The City and its subrecipients will work to leverage funding and in-kind resources to help maximize the usage of CDBG funding. City of Meridian 25 Page 455 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Indicator Order Year Year Area 1 Improve 2017 2021 Non- Better Accessibility in CDBG: $495,662 Public Facility or Accessibility Homeless Meridian Infrastructure Activities Special Improve Accessibility other than Low/Moderate Needs in Meridian Income Housing Benefit: 5,474 Persons Assisted 2 Enhance 2017 2021 Affordable Homeownership CDBG: $40,000 Direct Financial Assistance to Homeownership Housing Opportunities: 80- Homebuyers:4 Households Opportunities 120 Percent of AM Assisted Down Payment Assistance Opportunities 3 Administration and 2017 2021 Admin CDBG: $45,000 Other: 0 Other Fair Housing Activities CDBG-CV: $20,000 City of Meridian 26 Page 456 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Indicator Order Year Year Area 4 Provide Social 2017 2021 Non- Improvements in CDBG: $53,500 Public service activities other Services Homeless Economic Stability than Low/Moderate Income Special Homeownership Other—CDBG-CV: Housing Benefit: 733 Persons Needs Opportunities: 80- $2 8 8,1016522303 Assisted Low income 120 Percent of AM Homelessness Prevention: services Rental Assistance and 414 Persons Assisted Affordable Rental Units Improved Housing Options and Supportive Services Rental Assistance Programs and Rental Units Service Programs- Low Income and Special Needs Table 6—Goals Summary Goal Descriptions 1 Goal Name Improve Accessibility Goal The City will coordinate with the Public Works and Parks and Recreation Departments to improve accessibility by funding Description pathway improvements and upgrading/installing streetlights. 2 Goal Name Enhance Homeownership Opportunities Goal The City will provide funding to ACHA to supplement closing and down payment costs for LMI households. Description City of Meridian 27 Page 457 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan 3 Goal Name Administration and Fair Housing Activities Goal The City will administer the Program, including collaboration with local entities to educate residents and landlords on fair Description housing rights and responsibilities. 4 Goal Name Provide Social Services Goal The City will address identified needs by providing local agencies with funding to provide childcare, homelessness Description prevention and stability,food security, behavioral health services, and services for victims of domestic/intimate partner violence and sexual assault.... City of Meridian 28 Page 458 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan Projects AP-35 Projects — 91.220(d) Introduction The City has allocated CDBG funds to projects that meet the priority needs and goals identified in the 2017-2021 Con Plan. Projects # Project Name 1 Homelessness Prevention 2 Youth Extended Care Scholarships 3 Homeownership Assistance 4 Streetlight Improvements Near Schools 5 Fairview Ave Sidewalk Connection 7 Administration 8 Fair Housing 9 CV-Public Services Table 7- Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Projects were prioritized based on the needs identified in the 2017-2021 Con Plan, needs expressed in the PY19 CDBG competitive application process, and the experiences of the CDBG Scoring Committee. A common obstacle for all public service projects (Projects 1, 2, and 9 in the table above) is the lack of available funding to provide the necessary level of services.To address this, subrecipients will leverage other funding sources and utilize screening criteria to provide services to those with the highest level of need first. The Homeownership Assistance (Project 3 in the table above) program's main obstacle is related to the soaring housing market in Meridian and lack of affordable homes.There are often bidding wars for the few affordable units that come onto the market.To address this,ACHA has developed close working relationships with lenders to identify additional sources of assistance that will make the homebuyers more competitive in this market. The public facilities projects(Projects 4 and 5 in the table above) have the potential obstacle of rising construction costs,which is related to the soaring housing market. Oftentimes it is difficult to find a contractor to complete smaller construction projects because there is such a demand for large construction projects right now. No obstacles have been identified for Administration and Fair Housing (Projects 7 and 8 above). City of Meridian 129 Page 459 Item#22. Community Development Block Grant(CDBG) PY19 Action Plan AP-38 Project Summary Project Summary Information City of Meridian P a g e 130 Page 460 Item#22. 1 Project Name Homelessness Prevention and Stability Target Area N/A Goals Supported Provide Social Services Needs Addressed Improvements in Economic Stability Service Programs- Low Income and Special Needs Funding CDBG: $40,500 Description Provides emergency payments for rent and/or utilities on behalf of individuals or families for the purpose of stabilizing housing and preventing homelessness. Target Date 9/30/2020 Estimate the number 47 LMI households averaging 3 people per household who are at risk of and type of families homelessness. that will benefit from the proposed activities Location Description Services will be offered in the community and at provider offices and will benefit households throughout Meridian. Planned Activities (05Q) Subsistence Payments 2 Project Name Youth Extended Care Scholarships Target Area N/A Goals Supported Provide Social Services Needs Addressed Improvements in Economic Stability Service Programs- Low Income and Special Needs Funding CDBG: $13,000 Description Provides funding for low-to moderate-income families to participate in before and after school programs as well as summer programs at a free or reduced cost. Target Date 9/30/2020 Estimate the number 20 LMI households with children under age 13. and type of families that will benefit from the proposed activities Location Description Services will be provided at the Meridian Boys &Girls Club, located at 911 N. Meridian Road in Meridian. City of Meridian P a g e 131 Page 461 Item#22. Planned Activities (05L) Child Care Services 3 Project Name Homeownership Assistance Target Area N/A Goals Supported Enhance Homeownership Opportunities Needs Addressed Homeownership Opportunities:80-120 Percent of AMI Down Payment Assistance Opportunities Funding CDBG: $40,000 Description Provides safe and affordable housing and fostering self-sufficiency and stability for people in need through down payment and/or closing cost assistance. Target Date 9/30/2020 Estimate the number 4 LMI households purchasing a home in Meridian. and type of families that will benefit from the proposed activities Location Description Services will be provided at ACHA's offices located at 1001 S. Orchard Street in Boise and will benefit households throughout Meridian. Planned Activities (13B) Homeownership Assistance 4 Project Name Streetlight Improvements Near Schools Target Area N/A Goals Supported Improve Accessibility Needs Addressed Better Accessibility in Meridian Improve Accessibility in Meridian Funding CDBG: $115,662 Description Install/upgrade to LED fixtures and poles on walking routes to Meridian schools in LMI areas to provide a safe and reliable access for children to get to school. Target Date 9/30/2020 City of Meridian P a g e 132 Page 462 Item#22. Estimate the number 166 households with an average of 4 persons per household, who reside and type of families in the LMI area. that will benefit from the proposed activities Location Description Neighborhoods in walking zone of Meridian Middle and Meridian High Schools near W. Camellia Ln, NW 12th Ave., and W. State St. Planned Activities (03K)Street Improvements 5 Project Name Fairview Ave. Sidewalk Connection Target Area N/A Goals Supported Improve Accessibility Needs Addressed Better Accessibility in Meridian Improve Accessibility in Meridian Funding CDBG: $380,000 Description Pathway connection to improve access and safety for pedestrians in an LMI area. During PY19 the City will allocate $239,376 toward Phase 1, which will include moving electrical infrastructure, demolition, and installation of curb and gutter. Phase 2 will be funded during PY20 and will include the installation of the multi-use path and accessible ramp. Any unspent funds allocated for Phase 1 will roll into Phase 2 during PY20. Target Date 9/30/2020 Estimate the number An estimated 875 households with an average of four people per and type of families household who reside in the LMI area. that will benefit from the proposed activities Location Description Five Mile Creek Pathway on Fairview Ave to Lakes Place Planned Activities (03K) Street Improvements 7 Project Name Administration Target Area N/A Goals Supported Administration and Fair Housing Activities Needs Addressed N/A Funding CDBG: $35,000 CDBG-CV: $20, 000 City of Meridian P a g e 33 Page 463 Item#22. Description This project will have activities that relate to the administrative, planning, and technical assistance for the CDBG program during PY19. Target Date 9/30/2020 Estimate the number N/A and type of families that will benefit from the proposed activities Location Description Administration office is located in Meridian City Hall at 33 E. Broadway Ave. suite 102. Planned Activities (21A)Administration and Planning 8 Project Name Fair Housing Target Area N/A Goals Supported Administration and Fair Housing Activities Needs Addressed N/A Funding CDBG: $10,000 Description This project will carry out activities that relate to fair housing. At a minimum, CDBG funds will be used to implement a Fair Housing Campaign in April. Other opportunities to promote fair housing activities will be evaluated as they arise. Target Date 9/30/2020 Estimate the number 300 LMI households and type of families that will benefit from the proposed activities Location Description The Fair Housing Campaign will be promoted via television, radio, and social media. Planned Activities (21D) Fair Housing Activities 9 Project Name CV-Public Services Target Area N/A Goals Supported Provide Social Services Needs Addressed Improvements in Economic Stability Improved Housing Options and Supportive Services Service Programs- Low Income and Special Needs City of Meridian 134 Page 464 Item#22. Funding CDBG-CV: $ 6522,303 Description CDBG public service projects for activities to prevent, prepare for,and respond to Coronavirus. Target Date 9/30/20239 Estimate the number 533 LMI households who reside in Meridian. and type of families that will benefit from the proposed activities Location Description Services will be provided throughout the community and at the offices of providers. Planned Activities Public service activities that will stabilize Meridian households affected by Coronavirus. Priority will be given to projects for services related to homelessness prevention and stabilization, food security, behavioral health (mental health and substance use disorders), and domestic/intimate partner violence and sexual assault. City of Meridian P a g e 135 Page 465 Item#22. AP-50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement(including areas of low-income and minority concentration) where assistance will be directed The City of Meridian's basis for allocating projects is geographically delineated within its municipal boundaries. Funding is determined by meeting national objectives, qualifying eligible activities,and through a competitive application process. The City does not specify target areas by census tract or block group. There are four(4) Census Tracts that are either fully or partially within Meridian's municipal boundaries: census tracts 0103.21; 0103.22; 0103.33; and 0103.35. The use of CDBG funding is not pre-determined on areas of low-and moderate-income concentration or racial characteristics. Service agencies providing CDBG funded services are primarily located in Boise; however, low-and moderate-income clients served reside in Meridian. Two LMI area benefit projects have been identified for PY19: • Streetlights will be upgraded/installed in census tract 103.22 • Sidewalk connection will be completed in census tracts 103.21 and 103.33 Geographic Distribution Target Area Percentage of Funds Table 8-Geographic Distribution Rationale for the priorities for allocating investments geographically No projects were prioritized based solely on geographic area. Discussion The City allocates funds to assist low-to moderate-income (LMI) Meridian residents without targeting or prioritizing specific geographic locations. City of Meridian 36 Page 466 Item#22. Affordable Housing AP-55 Affordable Housing — 91.220(g) Introduction The City of Meridian dedicates funding to providing LMI Meridian residents with affordable housing. One Year Goals for the Number of Households to be Supported Homeless 0 Non-Homeless 4 Special-Needs 0 Tota 1 4 Table 9-One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 0 Rehab of Existing Units 0 Acquisition of Existing Units 4 Tota 1 4 Table 10-One Year Goals for Affordable Housing by Support Type Discussion Funding is allocated for acquisition of existing single-family units. ACHA will utilize this funding to subsidize mortgage principal amounts,assist with closing costs, and provide up to 50%of the required down payment. To ensure the Section 215 definition of affordable housing is met,ACHA requires participants to qualify as a first-time homebuyer, purchase a home that will be their principal residence, and the homebuyer's annual household income must be at or below 80%of Area Median Income. Additionally,ACHA offers participants housing counseling and works with homebuyers to find housing where the cost of the housing is reasonable and affordable to the homebuyer,so the housing does not exceed 95 percent of the median purchase price for the area. City of Meridian 37 Page 467 Item#22. AP-60 Public Housing — 91.220(h) Introduction The City of Meridian is served by the Ada County Housing Authority(ACHA),who administers the Homeownership Voucher Program, Housing Choice Voucher, Mainstream Voucher, as well as managing the Family Self Sufficiency Program. Actions planned during the next year to address the needs to public housing As part of the City's overall Comprehensive Plan, Meridian has identified a goal of offering a diversity of housing types for all economic levels throughout the City.To accomplish this goal, Meridian encourages quality housing projects for all economic levels throughout the city.The City supports 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 opportunities to provide housing affordability to all. In spite of these efforts,ACHA has identified a lack of affordable units as a barrier to eligible renters and potential homeowners. Meridian is one of the towns within the greater Boise Metropolitan Area, locally known as the Treasure Valley,which ACHA serves. The Treasure Valley as a whole struggles with accessibility to affordable housing and necessary public services. ACHA estimates that 30%of households receiving Housing Choice Vouchers (HCV) are unable to identify a housing unit within 120 days, requiring them to relinquish the voucher and return to the waiting list. The City will continue to collaborate with ACHA,the CoC, and other partners during PY19 to move forward with the steps identified in the "Housing Affordability in Meridian"whitepaper.The whitepaper is currently being developed and is anticipated to be presented to Council in Fall 2019, with specific action steps identified at that time. Likely actions will include exploring Idaho's Housing Trust Fund and funding opportunities with Idaho Housing and Finance Association;working with ACHA to evaluate various strategies of administering their homeownership programs; and working with potential partners to administer a homeowner rehabilitation program. Actions to encourage public housing residents to become more involved in management and participate in homeownership ACHA encourages public housing residents to participate in homeownership by: • Referring families interested in homeownership to first-time homebuyer workshops covering the following topics: benefits of and preparation for homeownership,credit analysis, FICO scoring methodology, mortgage types and requirements, private mortgage insurance, loan-to- value ratio, down payment assistance programs, escrow and title process, property taxes, home maintenance, and homeowner responsibilities. • Providing one-on-one meetings with a Homeownership Coordinator to determine short-and long-term goals in obtaining homeownership and to make a plan to reduce any barriers that need to be addressed. • Collaborating with nonprofit partner agencies, lenders,and realtors in the delivery of counseling City of Meridian P a c 138 Page 468 Item#22. services for low-to moderate-income first-time homebuyers in the FSS/HCV programs. • Expanding partnerships with community organizations, lending institutions, and real estate professionals. • Actively marketing the Homeownership Assistance program to existing voucher holders through quarterly newsletters and attending the annual recertification meetings for voucher holders to explain the programs. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance ACHA is not a troubled PHA. Discussion The City is committed to helping LMI households access necessary services and homeownership as desired through a variety of methods. City of Meridian 39 Page 469 Item#22. AP-65 Homeless and Other Special Needs Activities — 91.220(i) Introduction The City coordinates with the Boise City/Ada County Continuum of Care (CoC) and the Region 4 Behavioral Health Board (BHB)to identify the strategies to address needs of those who are at risk of or currently experiencing homelessness. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City of Meridian has been an active member of the CoC for the last four years to better understand and coordinate the needs that Meridian residents who are currently or at risk of experiencing homelessness face and how to better serve them. In addition,City representatives are frequently involved in public discussions, presentations,and meetings with citizens, other governmental officials, and local service providers including West Ada School District,Jesse Tree,and CATCH to provide support, understanding, and outreach to those who are experiencing homelessness in Meridian. In previous years,the City worked with the CoC to add data points to the CoC's Homeless Management Information System (HMIS)to enable the City to determine how many Meridian residents are experiencing homelessness and the reasons for their housing crisis.This data and information will be evaluated during PY19 to better inform strategies and partnerships for the City to implement.The City is committed to serving the individual needs of Meridian's homeless population as identified by the CoC and local organizations. The City has also worked with the CoC to conduct the annual Point-in-Time Count,which helps determine the number of people who are experiencing homelessness on a given day. This information allows the City to understand the level of homelessness in Meridian and to develop a program that better serves those in need. The City will continue to assist with this process in upcoming years. The City intends to continue to use its partners to identify, understand, and support those experiencing homelessness (especially persons experiencing unsheltered homelessness) or at risk of homelessness with special needs in Meridian. Addressing the emergency shelter and transitional housing needs of homeless persons While there are emergency shelter and transitional housing facilities located in other nearby cities in the Treasure Valley, none of these facilities are located within City of Meridian. The City has prioritized funding homelessness prevention to mitigate the need for these services, but also works closely with the CoC and Coordinated Entry to assist Meridian residents who are in need of emergency shelter or transitional housing. The City encourages agencies who provide these services to apply for CDBG funding, but there were no applications during PY19 for projects directly related to emergency shelters or transitional housing projects. However, all services to be funded are available to those who qualify. Helping homeless persons (especially chronically homeless individuals and families, families City of Meridian 140 Page 470 Item#22. with children,veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness,facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City will provide funding to ACHA to assist with down payment and closing cost assistance to low-to moderate-income residents of Meridian. In addition, Meridian's work with Jesse Tree and CATCH has helped provide rental and case management services aimed at preventing and resolving needs for those currently experiencing homelessness or at risk of homelessness in Meridian. The partnerships that the City has with local committees, organizations, and networks in evaluating, understanding, and addressing the many needs of Meridian residents experiencing homelessness include Meridian Police Department,Ada County Sheriff's Office, City of Boise, City of Nampa, City of Caldwell,Women's and Children's Alliance,Jesse Tree, Boys &Girls Clubs of Ada County,West Ada School District, CATCH,Ada County Housing Authority, Local HUD office, CoC, Meridian Food Bank, United Way, NeighborWorks Boise, IHFA,Terry Riley, EI-Ada Community Action, Our Path Home,and many others.These partnerships are extensive and ongoing in order to help address and prevent homelessness in Meridian. These efforts, particularly coordination and participation with CATCH and the CoC,are designed to assist local service providers in helping persons experiencing homelessness make the transition to permanent housing and independent living while shortening the time individuals and families experience homelessness. In addition,the City's relationships with ACHA, CATCH,and Jesse Tree are aimed to develop activities through the Program that facilitate access for individuals and families experiencing homelessness to affordable housing units while also preventing individuals and families from becoming homeless. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The City is actively involved in the CoC,which is comprised of representation from ACHA, Health and Welfare, mental health service providers and other service agencies.The Ada County Sheriff, Boise Police Department and Idaho Department of Juvenile Corrections are also part of the CoC. The CoC coordinates, collects data, reviews data,and prioritizes strategies based on data and input from providers.The priority over the last two years has been Coordinated Entry and Permanent Supportive Housing. Coordinated Entry is housed with Our Path Home and is available to all communities within Ada County. Case conferencing is coordinated between health, mental health,and service providers for City of Meridian 141 Page 471 Item#22. vulnerable households. The City is also involved in the Behavioral Health Board (BHB),which focuses on mental health and substance use disorders.The BHB is a government entity established by the Idaho legislature in 2014 to advise Idaho's behavioral health authority, identify gaps,and promote improvements to the delivery of integrated services for behavioral health in Idaho.The Board promotes and supports prevention, intervention, recovery and resiliency for individuals and families in need. It is composed of 23 stakeholders, advocates, and professionals across the continuum of care. Involvement with this group allows the City to understand the broader needs of the community as related to behavioral health in general and specifically for those who are being discharged from institutional settings such as mental health facilities and corrections programs. During PY19 the City will also provide funding to Jesse Tree to keep families, individuals, and children who are at risk of eviction stably housed. Meridian partners with other organizations such as CATCH to assess needs and provide services for those at risk of becoming homeless. Discussion Much of the work funded through the Program is directed at housing stability for Meridian's LMI residents. In addition to the services previously mentioned,the City is focusing on public transportation for seniors,ADA compliance improvements to public facilities, and public facility improvements such as sidewalk and streetlight improvements in LMI areas are focused, outside of those already noted, to meet the needs of persons who are and who are not homeless in the community. City of Meridian 142 Page 472 Item#22. AP-75 Barriers to affordable housing — 91.220(j) Introduction: Section V of the Consolidated Plan and Fair Housing Assessment, a supplement to the City's 2017-2021 Consolidated Plan which can be found in the Grantee Unique Appendices,analyzes public and private barriers to housing choice in Meridian. Stakeholders were also interviewed about housing barriers. Barriers associated with tax policies, land use controls and zoning, building codes,fees and charges, growth limits, and policies affecting the return on residential investment were not identified as barriers. On the contrary,the review found a favorable environment for development and a migration toward more diverse housing types. As such,the actions summarized below do NOT address the negative effects of public policies that serve as barriers to affordable housing(policies, procedures, processes). Instead,they focus on actions that address other types of identified barriers. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls,tax policies affecting land, zoning ordinances, building codes, fees and charges,growth limitations, and policies affecting the return on residential investment The City has expressed a commitment to creating more diverse housing types through its redevelopment plan for downtown.The Destination Downtown plan states that creating diverse housing opportunities for different housing needs and life-cycles in downtown Meridian is important to support new businesses and activity.A healthy housing mix will also help to draw people downtown and ensure 24-7 activity. Housing created or redeveloped as part of the downtown plan is expected to include apartments,townhomes, condominiums, duplexes, and single-family homes.The City helped facilitate the recent RFP for a large portion of the publicly-owned properties in downtown Meridian with a priority given to proposals that focused on developing mixed use and high-density housing. The project that was awarded, Downtown Lofts,will bring several affordable units to downtown Meridian including six(6)that will be dedicated to CATCH participants. This project is expected to be completed in early 2021. In 2017,to evaluate potential fair housing concerns within the City's zoning code,the City had BBC Consulting utilize a "Review of Public Policies and Practices (Zoning and Planning Codes)"form recently circulated by the Los Angeles fair housing office of HUD.The research did not reveal any negative effects of public policies that serve as barriers to affordable housing. This includes land use controls,tax policies affecting land,zoning ordinances, building codes,fees and charges,growth limitations, and policies affecting returns on residential investment. In addition, over the next few program years,the City intends to undergo a review of potential policy and code changes that will incentivize the future development of multi-family and affordable housing units in Meridian. Discussion: Please see the Grantee Unique Appendices attached to the City's 2017-2021 Consolidated Plan for details (Section V, pages 9 through 11). City of Meridian 143 Page 473 Item#22. AP-85 Other Actions — 91.220(k) Introduction: This section discusses the Other Actions the City will take to address the needs of low-income residents. Actions planned to address obstacles to meeting underserved needs The City will continue to engage in conversations with neighboring communities and service providers to identify and address underserved needs, maintain affordable housing, and reduce the number of families living in poverty. During PY19,the City has allocated funding to assist qualifying individuals with accessing SSI/SSDI benefits, housing stability for those at risk of homelessness,and extended care programs that offer youth a positive place to go. Additionally,the City is in the process of hiring a new Economic Development Administrator and has set the expectation that the Economic Development program will work closely with the CDBG program in an effort to better align the needs of our residents. The City will increase relationships with private providers, developers, and social services providers to reduce the obstacles for Meridian residents to achieve decent housing, a suitable living environment, and expanded economic opportunities. Actions planned to foster and maintain affordable housing The City intends to partner with local service providers that will assist in fostering and maintaining affordable housing. Projects funded during PY19 will provide: emergency assistance to families who are at risk of eviction and homelessness; scholarships for children to participated in extended care programs so their caregivers can work; and down payment assistance to help renter households become homeowners.Additionally,the City will be working with service providers that focus on providing stability to those with mental health and/or substance use disorders to allow them to gain or maintain affordable housing with access to care coordination and assistance for individuals applying for SSI/SSDI who are experiencing homelessness, have a behavioral health issue, and a disability. The City will also explore additional partnerships—including partnerships with mission-driven and private developers—to bring more workforce housing into downtown and underutilized land parcels. The City is also in the process of hiring a new Economic Development Administrator that will collaborate with the CDBG Program in an effort to develop workforce housing and opportunities for residents to increase their income in an effort to foster and maintain affordable housing. Actions planned to reduce lead-based paint hazards Over the course of the upcoming program year,the City will provide information regarding lead-based paint hazards to educate the public and continue to gauge the prevalence of lead paint contamination 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 of Meridian 144 Page 474 Item#22. City's website, and at other locations throughout the community as needed. Actions planned to reduce the number of poverty-level families The City will fund projects to assist poverty-level individuals and families access services that provide a support system and allow them to focus on the steps they need to take to improve their living situation. Projects include programs that provide emergency assistance to families who are at risk of homelessness, housing cost assistance for residents unable to cover the full costs of home purchases, and a fast-track process to access SSI/SSDI.The City's local strategic plan also plans to address poverty- based issues through the expansion of needed public services as well as the ever-strong focus of Meridian on economic development and the expansion of quality employment opportunities for the jurisdiction's LMI population. As part of its Strategic Plan,the City is working on an in-depth socioeconomic profile of the City to help identify the needs of community members as it pertains to housing,finances,food, education, healthcare, and transportation. Completing this research will allow the City to better understand the factors that are contributing to residents who are facing poverty in Meridian, as well as help define solutions that could help mitigate those factors.The City's hope is that this research will provide long- term insights and strategies to reduce the number of poverty-level families in Meridian. Actions planned to develop institutional structure The City recently made the CDBG Administrator position a full-time position and changed the position title to Community Development Program Coordinator. This position is now funded out of the City's general fund.This institutional change is designed to provide more time to effectively manage the CDBG program and provide flexibility for the position to expand efforts into economic and other areas that can help meet the community development needs of the City. Staff will continue to work to attain relevant and appropriate professional development trainings during the program year to learn and address current and future institutional problems. Discussions will continue about the expansion and opportunities to add new program staff to assist in this community development work. The City has been involved in the institutional restructuring of the CoC as well as the implementation of new HMIS and Coordinated Entry standards for service providers in the County.These activities have dramatically altered the institutional framework of housing and other service providers in the region and has improved the efficiency and transparency of the coordinated work being done to address these needs.The City hopes to identify new institutional structures that can be developed, reformed or changed to better support the needs of those most at risk in the region (e.g. transitional and emergency housing networks). Actions planned to enhance coordination between public and private housing and social service agencies City staff will be working with the CoC to identify ways to enhance coordination between public and private housing and social service agencies. As in many communities,there is not enough funding to provide the level of services we'd like so the CoC plans to identify a way of coordinating services that are available and reducing duplication of services for a more effective use of funding. Multiple methods will City of Meridian - 145 Page 475 Item#22. be explored including phone apps and enhancing services that are already available. The City's partnership and funding relationship with local housing service organizations including NeighborWorks Boise,Jesse Tree, and Ada County Housing Authority will continue to expand in this program year. In addition,coordination with other organizations like CATCH, Boise Rescue Mission, Interfaith Sanctuary,Terry Riley, EI-Ada Community Action,Jannus, Idaho Office for Refugees,Agency for New Americans,Women's and Children's Alliance, and all members associated with the local CoC (including private housing developers) will continue to be built upon to improve networks, coordination, and problem solving in the jurisdiction. Meridian's participation in the local CoC, housing and homelessness roundtables, and other regional coordination efforts outlines the City's continued action plan for enhancing the networking and coordination between public and private housing and social service agencies. Discussion: The City intends to fund multiple projects that will improve access to affordable housing and suitable living environments for Meridian residents. Staff will be working with subrecipients to identify barriers within their programs and find ways to address them to provide more effective services. Staff will also identify ways to improve and expand Meridian's CDBG Program for future years. City of Meridian 146 Page 476 Item#22. Program Specific Requirements AP-90 Program Specific Requirements — 91.220(l)(1,2,4) Introduction: Below is a description of the program requirements for Meridian's CDBG program and its commitment to meet those requirements. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table.The following identifies program income that is available for use that is included in projects to be carried out. 1.The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2.The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3.The amount of surplus funds from urban renewal settlements 0 4.The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5.The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1.The amount of urgent need activities 0 2.The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit-A consecutive period of one,two or three years may be used to determine that a minimum overall benefit of 70%of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100% This City's certification period includes program years 2018, 2019, and 2020. Outside of admin and fair housing,the City will allocate all funding for PY19 to LMI projects. The City commits to meet the 70% LMI benefit requirement of the federal CDBG program over the span of that three-year certification period. City of Meridian 147 Page 477 Item#22. Attachments City of Meridian P a g e 148 Page 478 Item#22. Citizen Participation Comments PY19 Action Plan Date Method of Contributor Comment City Response Submission 6/5/19 Email Councilman Do you have a data that shows the Based on the population we serve with this program, I assume most of Borton default rate of those who receive our loans are FHA loans,so my best guess at a comparison comes from assistance, as compared to the CoreLogic,which reports that nationally FHA loans had a 3.7%serious common mortgage market? delinquency rate in September 2018,which is the lowest it's been in 11 Something that shows perhaps a years. greater success rate I hope,which may be due to a thorough vetting According to the two agencies who have administered the process for those who applied for the Homeownership Assistance Program for the City,there have been zero assistance. defaults since the beginning of this Program. This non-existent default rate reflects on ACHA and NeighborWorks Boise,who have done a phenomenal job of screening and educating potential participants. ACHA and NeighborWorks efforts not only set these households up for success, but also show the agencies abilities to be good stewards of public funds for the City of Meridian. PY19 Action Plan Amendment Date Method of Contributor Comment City Response Submission 3/26/20 Email and Stephanie Day CATCH would like to change the focus of The City supports this effort and will include it in the amendment. Phone Call their program to better assist with the current needs. Instead of providing SOAR Care Coordination they would like to provide Homelessness Prevention. 4/7/20 Email Councilwoman Given the deep recession that seems The City will be receiving an additional $288,106 under the CARES Act. The Strader very likely to result from COVID-19 can priorities of this funding include homelessness prevention in the form of the community development program mortgage,rent,and utility assistance. Staff is working with multiple make a recommendation on more providers to apply for this funding. robust plans for preventing homelessness? I'd like to hear about the City of Meridian 149 Page 479 Item#22. scope of what we are facing,and how the city can try to help. The block grant for Jesse Tree seems like a good step, but I think the need will be pretty substantial. 4/28/20 Email and Councilwoman 1-Project#1 and#6-The description 1- Project#1 Homelessness Prevention will be administered by Jesse Tree Public Perreault says they will be offered in the and CATCH. The application for Project#6 Public Services Related to COVID- Hearing community and at provider offices?Do 19 is currently open. Council will have an opportunity to approve the actual you we know who will be administering projects once they are selected. For the CARES Act funding,since it is new these funds? With an amendment as funding and Council hasn't already seen the projects, I will provide a memo significant as this,do we need to open detailing the projects that are selected and leave it up to Council if they up another application period? Sorry for would like a full presentation of the projects. Council will also have the all the questions,just wanting to make opportunity to review the exact dollar amount and specific subrecipient sure I understand how it all works. when they review and approve the subrecipient agreements and amendments. 2-Project#5-This seems like a significant amount of funds to use 2-This program has historically completed projects in LMI areas that are towards City improvements,even if it not a priority for the city, and therefore do not have any funds allocated to does qualify as an LMI area. Do we need them. Additionally,there were no other projects applied for during PY19 to make some kind of justification for that would qualify. Even for the PY20 application that is currently open,we this large of an allotment to a city have two housing projects that requested less than what we planned to improvement(vs.the funds being used for housing,for example). I'm afraid it allocate toward housing and the only public facility and improvement might give a bad impression that the projects are streetlights projects that the Public Works Dept. applied for. City is using CDBG to fund some of its projects, if that makes sense. 3-There are 4 priorities, but I'm not sure how many actual projects there will be. Once the application closes on Friday and we complete the scoring 3-Also,of the 4 projects now receiving in the next couple of weeks we will know exactly which projects will move additional funds, how are the CARES forward. funds being distributed specifically? 4-This will be to provide TA to ACHA. If you are looking for the description 4-What is the additional $10,000 going in the document it is under AP-15 Expected Resources. to CDBG administration being used for? 4/28/20 Public Councilman Would the Park and Recreation This program would be a good fit for Meridian's CDBG Program. Staff will Hearing Cavener Department's Care Enough to Share reach out to Parks and Rec. program be eligible to apply for funding in future years? City of Meridian 50 Page 480 Item#22. PY19 Action Plan Amendment- CDBG-CV Date Method of Contributor Comment City Response Submission 3 9 21 Email Georgia Looks like a well thought out plan! The City expressed appreciation Konkoly for the support. 3 9 21 Email John 1—Money that wasn't solicited by Meridian will either be wasted on pet projects or 1—Thank you for your Anderson squandered in other ways.We have had it with insane COVID "cookies"from the feedback, I include your federal government. Send the money back. End all mention of COVID. Public health comments in the final plan and is complicit in this virus crushing businesses, jobs and community wellness.Take make sure Council is aware of them off of your website,end this charade.Tell public school teachers to get back to your views. work and fully open schools or lose their jobs. We are sick of all of this. Federal money, incompetent bureaucrats and weak politicians have cost we citizens far These funds are currently being more that this virus has and the numbers don't lie. used to provide rent and mortgage assistance. This 2—Thank you for your reply and explanation. I read your documents and I fully amendment is to add additional understand how you intend to use the money we received from the Federal funding so we can continue to government. However,to be clear, my comments were less about helping this or assist our residents with that constituency who suffers from this or that problem. My comments are directed services like this. If you would at whose responsibility it is to help these people. Is it the government,or is it we, like additional information the people and our private entities? please let me know. Our disconnect today,which has been put on auto-drive and warp speed by this 2—Thank you Mr.Anderson for manufactured COVID crisis is accelerating our dependence on government programs sharing your perspective. or funds for virtually everything. A crisis will come and it will go, but a government program remains, primarily because politicians cannot step away from feeding at the federal trough. This current crisis is must that. This all creates a culture of dependency for our people and for our state and local governments. Uncle Sam is like a loan shark. They are ready with free cash to the states, but at a very high cost, not the least of which is our dependency on their money. Once addicted, Idaho and Meridian, by example, become addicts who cannot live without that money. Politicians like that money because it makes their job easier. They don't have to make tough decisions about what we,as a state or municipality can afford. They are not problem-solvers. They lust ask"Big Daddy" for more. City of Meridian 51 Page 481 Item#22. The real cost of this is two-fold,and I use COVID as my case study. 1. Loss of our state, 10th Amendment sovereignty COVID was used as an excuse to shut the country down. Our governors went along with it. That triggered a massive spending of our grandchildren's money to prop up businesses we closed unnecessarily. That also elevated bureaucrats,incompetent ones at that,to chase everyone into their homes and create a sense of fear that had no relation to reality. Once again,our governors went along with it. The end result was that governors,who cannot make law, created law from whole cloth and once again, local government enforced laws that were totally unconstitutional and trampled on our state sovereignty and the civil rights of our citizens. Instead of us pushing back, refusing all the cookies the federal government offered up,we gorged on it. That dependency has now complicated the legislature's ability to limit Governor Little's illegal power to play God with all of us. What is their obstacle? Federal money we might lose if they do that. Where is the moral courage to do what best serves our state sovereignty and our citizens. It doesn't exist in our politicians,who view everything through a re-election lens. There is no other calculus, in my view, having worked with our legislators before. 2. Loss of our God-given rights to make our own decisions and to be left alone by our government. The state is no longer the ally of the U.S. or Idaho Constitution. They are the "wholly-owned subsidiary of a bloated, all powerful and centrally planned federal government." Our citizens are increasingly dependent on free money to solve problems that need to be solved by us, by churches, by non-profits and state and local governments, as is the dictate of our Constitution. If we don't take some step to regain Idaho's ability to say"NO"to the federal government,even if they withhold funds from us,we are no longer sovereign,nor are we free. I'm not confident that anyone will actually consider, in a thoughtful way,what I've said here, but alas, I have tried to show where our concern comes from. I am an American, born free and who sincerely desires to stay free. My political ideology is simple. I am of the party who believes our Founders had it right,and who is convinced that the further we stray from their design,the less free,safe and prosperous we will become. City of Meridian 52 Page 482 Item#22. Two common sayings we should eliminate from our vocabulary. One,"There ought to be a law against that". Two,"The government needs to do more". Self-reliance and industry are qualities we should promote, not deter. 3 16 21 Public Councilwoman 1—Have there been any changes to what the funds can be spent on 1—There have been no Hearing Perreault changes. 2—It was a challenge identifying subrecipients previously. Will we have the applicants to use these funds? 2—We will be using admin funds for additional outreach to 3—Are we able to use admin funds for outreach efforts? identify current gaps and will contact those service providers directly. These funds will also be available over the next several years to deal with the fallout of COVID-19. 3—Outreach is an eligible activity and is the main reason for including admin in the amendment. N EeFnFneRtS Feceffived. City of Meridian 53 Page 483 Item#22. Grantee Unique Appendices Consolidated Plan and Fair Housing Assessment City of Meridian P a g e 154 Page 484 Item#22. SECTION V. Public and Primate Actions This section examines fwhlip and pr€vste decisions that affect housing chnfce-It beginswith an examination of the land use regulations and the polities and practices or the Enim-City/,ids County Hoos€ng Authority(ECACHA),the largest provider or publicly-supported housing in tine reginn-It alsrranalyzes mortgage Ivan deCisiom of the private sector-Other private sector actions are examE4ed in the fair housing legs€case:s diwuved In SE0ion VI. Public Homing Authority The pnlic€es and procedures oFthe EpiseCItyl Ada Erunty HnuMng Authority[SCACHA]were reviewed as part of the rsir hoLL5ing a nalysis,using the discuss inn topics rerpmmended by HIM in the qpH temTlste.The following discuksion of EC.ACHA linticiec and procedures is haled on in- depth interviews with management Interviews with RCACHA staff ahoutpolides and practices revealed there may he some Fair housing concerns jn regards to access to5ervice5 and housing For per5nns with dissbilit3es. In sum,the RCACHA subscribes to the Follow€ng protedurest ■ F.gual weight prererenee5 for eldeTly,disahled and Families with minor children.People who are timi ng nut orinnsitiona I hawing go to the top of the list,while out-or-stale 7-eque.5ts are last ■ Buy,rehab and.wlI affordable homes thrnvgh ECCACHA's$S1D0,00)self funded pmgrank T31e grant frKurhes on down payTnent and closing cost assistance. ■ Comply with HUD's Apri 1 2{l 16 guidance on prim inal h Lstnry by eva€uAng violent, drug mnvictinns individually and conducting three year look back[RCACHA was alre$dyin campliange hefom the recent change in Criminal historypollcy]- RCACHA€ttrrently assiro IrGOD very-low income households with Section 8 rental assistance in Ads County-At the time this report was prepared,RCACHA was not accepting any add i tional applicatiorr_5 For the Section B Housing Choice Voucher f H tom]pmgrarn-The waltlist for voucher assistance is anywhere hetween fi to 24 months,depending on federal funding.ECACHA staff feel that the market is relatiweiy SrCeptingnfSecpon 8 vouchers,but this varies by locat€on. The greatest challenges faced by tlae Rf:ACHA are= ■ Transportation harri-en forsccessing services.Althaugh landlords are w€111Dgto rate 5ecdon 8 in the arear theRCACHA has had most sucpess with Boise landlord-s.Fyen when landlords Lake Section 8 in Meridian,most of the Services are located in Qni5e spd the Lack of pktblic tra nsportatiun creates harriers. BBC RESEAAow&CONSULTING SECTION Vr P-A"1 City of Meridian P a g e 55 Page 485 Item#22. • Physlcal acroslbility in housing for person-:Ith d Isabl 1Ities- • Lack-of affordable housing and preservation of existing multilamlly unim especially for senior-The PHA's focus has been on rehabilimtinghomes and selling affordahle+units, rather than rental unirs.ThP biggest issues are push back from the communityto prevent new affordable multi-family and difficulty In acrosing GI RTC, The geographic distribu ion of HousingChoice voucher[H M holders is pictured in Figure V-1- Cens115 tracts In eastern 21nd southern Meridian either do not have available d3a or HCV don"t exist.The area with the highestclusterof K`V holders is located in the central and west central cel)sus tracts of the City.Asciiscuswil In Section IV.this is an area oi:the City with relatively moderate opporttinLty- in addition to providing KVs,6CACRAoffers a homeownership voucher throargb their Family SuffSufficiency(FSS)program,This program is availaWeto residents currenttyparticipatingin the HCV program.The Housing Authority's goal is to promote awl support homeownership for fam l Iles by payment asslst,ance tv hetp pay For the oast of homeownership and to provide additional assumnixto mortgage lenders. Figure of-1, HUD AFFFI Tad Jurisdiction Map-of Meridian,MapS.Publicly Supported Housing and Race/Ethnrcity,2010 FUDAf6rma-ivelf=urthering Fair Housing Data and Mapping Taal - unn4aC11M 9, .'IT n34Fhlrw 31"0 r _ .f 1! 'jF'`t !L �i'ic Non-y�P.no i.L-i^ d-y FiTi.=Pm lnr-}�an •�_� 'S^I�st Wx-i —1:W.W..k..:- - 1} "i_ l i I FYI s k Ot_i.Nor Frspark Nul ri_:t.N7n FY.:rk ftT rlrwahu Urlin 21C.is xsa _ lli1W;k Rrli.c.j• hk3G7 Y. 1G9� Nmi- Aiy=¢%11j.+;EiGN-1Iad IM31N Nil lG_is F.i-LAr {• �14�16 5.12� NwIIplron.WAS-ioutrt,-f*n.Ea,ed&cYkn 8.Cne 'Ad77or,t Lm UH-'G I:aimSln:y:e:rij. hk:.9.25 r3cirll-Itlp da xrcFy rcua wYh 3�:BFs.dsl rgifsH'p aikpclks X�irYs�'sl�ra�ki hiusirt ty lox .I n.YI NICXpn:Y9^yP^{':r+r+a'I MCCIF 2.QIan:1 Yi,n f:Fr.I i_ spur.: nIIDIliR al.G andM�r..�mla'mnrlfxp,+.iAkJailrJ BBC RE3WCH&fAri UUNNG SECYIOk V,P-MA# City of Meridian P a g e 56 Page 486 Item#22. Lard Use Reguiations and Policies BRf.reviewed the City of Meridian's zoning regulations,cnmprehensive plan and planning fees to aw-.0 potemmi fair housing concern or opportunities resulting from the development process.This review did not identiFy any Lair housing problems. The City hay recently expressed a commitment to€resting mare diverse hpu5ingtypes through its redevelopment plans Lrrdowntowri-The Plan stales that creating diverse housing opporWaities fordifterent housing neeJsand Lifv-cy€tes in downtown Meridian is important to support new husinesse5 and activity.A healthy housing mix will also help to draw penple downbDwn and ensue 24-7 activity.Housing created or fedeveinped as Partoftbe dovrnbown plans is expected W include apartmen[sr pawn homes,€ondominiumLs,duplexes,ind single family homes- Land use and 2011`11ng laws.To evalthaate pcikenda I Fair housing cnnrums within tyre City's inning WJe,BBC ulitized a"Revietivof Public Policies and PmcdGeS(7*ning and Planning Codes)"Form recently circulated by the Los Angeles Fair housing oMce of HIJD-ThEs 5eetian pr;ses the questions from this checklist,along with responses 1boutthE C'tyrs cnde_The zoning code For the City of Meridian was updated i n December 201(3- Doff the cvdedefrnikonnf fpmio'hovetheEfectofdlfcriminvtifFgaquinsturrre•1owdindiWiouR. w�thdjI5abt fitieewhnresrdeWpwrheriRarnngregaWorgraup10vingiwranggem--nt? Nn_The City's code definer the term"Family"a5 a person Living alone or two nr more Persons related by blond or marriage;a group of not more than ten persons who need not he related hY hlnnd or marriage living together in a dwellllsg um it,orelght or Fewer unrelabed memtatly and}or phxrslrally handicapped nr elderly pet ons residing i n a dwelling under suff supervision. ^Clroup home"is not defined in the City's ender but the Hear definition pt'Family'aPptie5 to congregate or group I ruing arrangemeos. Zpning Rgguratlipn Pmpedimenp Does the CWe definition of 7¢mixy"have the effect pf discrimir3w3n67ugainst rinnqutedindividuah with Xwhilities who reside bVetherin a cmugrt;gpte orgrcru+a Iivingarmopgement?No.Although some jurisdictioms dp not deFne family to allow rcv- flexibility,Meridian's definitinn provides a wide range ofspplicatians- Aocnrding to lawyer Brian f'nnnolly,co-author of a recent American Bar A.,Lroc.iatin n hook on group hnnies planning and regulations,some jurisdictions are removing definitions of tanrily from local codes bo avoid potential liandityr-h Instead,communities a re using more Ftexihle definitinns that avoid distinctions based on tree relation of the hnusehnld members and instead fncus on the"functianal aspects of a Family relatjorp3h4' 7.nrrigg RWuJa Harr fmpediment'Is the Codedefinitipn of"d+sabihty'the some in the Fair Namrsinq Act?The Inning Code dries not provide a definition of"disa.hiiity,""disa.blecl"ar"ha ndicap." Gauphlam -krvirgieffrE*rihe and tkfwnbkNannhWandRVurotim,Connolly,Brian iL and Dwi tRNrrrhffn. 1813C RESEAACM&COMI-TING SECTION wr PAGE 3 City of Meridian P a g e 57 Page 487 Item#22. Practice Jmpgdiment!ages the wwPing gpportuni(ies fiar rndividupls with drsahffrws and m&charmterrze wch housing as a"hoarding orrromjpghau5e"orhnteq"?N(3-The City's code does not define"bpardingor rooming house". Practice impediment saes the zoning ordimprrredenyhaasirig nppoFTUn trea fur4&ahffrtyr individuck with orr_site hoLL4FW supporting services?No.The defMol Glop For a Family remgnizes the need fvr supervisors,which is linked by an-sitesuppuilive 5erviee.5_ fhpe5 the furt0krion Whey allow any namber afunrVoted perw",%Fq rgFide hpgether,but restrict such ocmPvn fy;rf the rssrderrts are disabled?Nn,the City limits both.The number of u nrelated persons in nnehai Behold is re% icw4+d to ten and then cupancy limit for group domes is eight. S the furiadlction p0kynnt allow d&ahledpenmirs by make remanoWe nrgdi)5palfans orpmwlde rea_mnabJe accamrrwdatrpn Or disabled Caen+ale Wro live rrl mvnierpaf sgppfied or managed residentialhaysirj9 No- Does the furfsdretion require puhlkhearing to obtainptrhlic inputpr ifice*CeptinRstn zoning and land-useru+e.F Mirdisahledopptrcarlts and is the hearrggonl)JordJsQhledappiecanu rather than for0appficaFts?No.Public hearings are required to Dhraln a subdivision, con4i2inn31 use permit or varianpe,but the hearing t5 not specific to per5onswith disabilities. foes the gamfng nrdimartne address mixed usa:72 Haw are the residential land etees rrigeg55ed?What 51andarikapply7The City-of Meridian has three mixed use zoning districts-Old Tpwn, Traditional Neighhgrttoard Center and Tmdiponal Neighbarhna►d Residential.Mixed use is addressed in 11itle 11.Chapter 2.Ar ride 6 of City Crsde,and titled TF34itional Neighhnrhnod Distrkts.'1'ft2 Traditional Neighhorhood District's purpow L5'to encourage mixed us,cnmpad development Ghat is sensitive to the envlrnamental rharacteristie5 of the land and Fapllitates the efficient use vFserviees...A traditional neighborhnpd district diver5lfles and integrates land uses within dnsr proxim ity to each otlrerr and it praui8es tar the dai ly recreational and shppping needs of the residents." The standards for developing within a mixed use area vary by inning district-see MCC 1 I-ZD-2- Does the zOFrng prdirrance describe any areas in pfris jvri5dretrarr as exclasiwe?No. Are there exclW.srarrs or dvrewTiansaf hmiring housing to any af'the faffowivrggrav+xv race;rrrlor, sex religron,qge,disahlJrty,marital stptus or)brn'ifial staters andfor creed rrf`natlonat moon?NCL Are there any restdcdons for Senior hoosing in the zoning ordifwace?Jf ym;do the restriclrnrrs cpmpbrwrUr Federaliarw on Ousfng forolderp4wwmS(i.e..w1e0y orcvpied bypemWZ5 62yearsof age or older or at ku5t onepermn55y"nofage and has.W- nificamtfacrlitrespr.servicestomser 6wphysrcal43rsquafiFeeds ofaiderpeop)ef?No.$senior housing is not uniqueEyaddmsed in the Code except in theaeFtnition of Family. foes the aprtfV nrdinartre amrvin a�y 5pecW provi5ionsfor risking houvir9 aeceSsrhie 10 perwm with disabilities?No. BBC R€S€ARCM&COHSL MNIS SECTION wr PAGEA City of Meridian P a g e 58 Page 488 Item#22. Diesthe20FO grrdJrra &=bM;hrcCppRncy.standardsarmaurmamaccupgnLy'irmats?Yes. Households are all subject to n=pancy limits.Hnriseholds coTnpoced of unrelated persons are restricted to ten people and restricted to eight people for mentally and/or physically handicapped nr elderly persons under 5ta fir svpervision- Ares the wnin.9rrdrrppnn inelutteR Na. Descrihe the minimum standards and amenities required by the ordinance fipr a mvltrpie fami0y prNeet with myeetto hurriRrnpparking.The City dnes not have explicit regVire¢rent;for handicap parting for muld-Fami ly,or any other project It is the responsibility Of toe a pplieant.fdevelnperto€amply with ADA jMCC 11X-50). Dreg the aorrrjg mde drgbn6 inh niprciVxear hnuung from ether Singlelomiry resrdenbar and mnitrfarrtrtyresidenZW1 LL es by the aiaNiratrptt ofa C+ondrt+onaj paeiaergnid(epra)?No. Does the aonrng rode drstiaegaishhandicappedhoasirrg from othersinglefanri re5ide+r WantX moltljk3mrtyresi0renlIkIzIwes by the appliratrapar pfp Cpnditrraval use permit(epra)?No. Haw pre'Vecfal9-up hoWstr{g"defnedinb,e risdrtronzaninq+ude?Crruphousing i5 not detined in the code,but is referenced in other definitions_ a I44uts ft orfesidential€are facilities:if the use resulvs in more than ten(f 0)persons oQwVyinga dwelling at any nne time,the applicant or owner shAl cnneurreilt[y appty Fear a change of occupancy as required by the building code i n accord with title 10 of this code-The owner and{nr operator of the Facility shal1.5 cure and mai ntain a 1 icense from the state or Idaho depsrtrnent oFhealth and weirare,facility standards dlvis9on- ■ Famigin A person livi ng alone or two{2)or more persons related by blood or marriage:A group of not nxare tha n pen(10)persprns who need oat be related by blood or marriage living together in a dwel[ing unit;Sight(I#)or fewer unrelated mentally and/or physically handicapped or elderly persons residing in a dwelling under staff supervisions,provided that rut more than two(2)staff members reside in the dwelJingatany one tlme- Ares Ure juri.0icbajy�+Apa}niapg and halrrdrng wades fTe.Te*7dlymakespeeffic refereancetra the vcces0b1hV requinemen.E5 contained in the f 3043 vmendswnr to Noe Fair Housing Aa?Is Mere ony provisipa firmnnitrring aomplionce?Nn. Private Sector Actions The a ncludingsecpon in this chapter Focuses on private sectoractiprls that could present harriers to Fair housingchai€e.It contains an analysis OF Home Mortgage DiKlnayrre Act(HMDA) data,which report lending activity of Financial institutiowr,- HMDA data ate widely used to examine poterntial diwTI mination in mckrtgKge lending-F rancial institutions have been required to report 11 MDA data since the 1970s,when civiE rights laws prompted higher scrytiny of lending activity.The variahles contained In the HMDA data5et have expanded aver time,allowing For more comprehensive a na lyse5 and better results`However. despite expansions in the data reported,publ is H M DA data remain limited because¢F the RBC RESEAAN&C0MLn dWG SECTION w,PAU 5 City of Meridian P a g e 59 Page 489 Item#22. Information that L4 wgreporCed.As 5u4h!SMok[ saf lending disparitlesthat µse HMDA dat$carry a eimilarcavent-HMDA data can he used to determine dirlpari,ties in Inan originations and interest rates among bprMwers ofdiNrent races,ethni€ities,tenders,and IDcaticin of tine property[hey hope to-own-Thedata can also he used to explain many gFthe re--;gns for any lendingdislxarides(e-g.,poor credit history}.Violations of fair lending,praetiees,hnwever, generally origi nate with*cleral regulators who have acoe_Ss to a broader set afin.Formation(e.g., hormwer[Dan files)of Iendingprartim- This section uses theartalysis of TqM DA data bn determine if disparities in loan approvals and terms:exist for Inan appdjeants of different races and ethnicities.The HMDA data analysed in this secp4n MIlect loans applied for by residents in 2014•,the latest year Fpr which HMDA were publidy available at the time this docu meat was prepared.It also onmpares the results of the HMDA analysis with leading outcomes reported is the last AI- This anaJysiswsncompleted at the Qniinty level to provide a broader dataset of minnr[ty applicants and hetter detect any rair lending concerns,As discussed in 5erdart 1,the dissimilarity index was h igher in the county than For the City alone- Loan apphratiorts. During 2014.there were 15,791 Iran appllcations processed in Ada{runty Mir home purct ses,Ivan rertnarrces,and home irnpravemeriM Twenty loan applications did not designate a census tract fqr where the home was located.(If the remaining 15,771 applications with a knnwn perLELL-i fact,30 percent,or 4,76E$applicatinns,were located wlth[n the City of Meridian.'fllis vnlume of app[ications is much lawEr than in prior years,[n 201%there were a total of 6,196 loan applicat[ons proressed in Meridian_ Overall,more than half of the 8.607 Ins applications(55%)were for home purchases.Another 44 percent were for refinances-Lust 2 percent were for home irYtprnvem+enM Nearlythree-faµrths(72%)ntthe loan applications were cnnven#ianpl(L-!.,not Bnvemment insured-or�wranteed),14percent were Fede"i Housing Administration-insu red and 13 percent were Veterans Administration-gusranneed. Figure V-2 shows the number and percentage of loan Ppplicationui by ra€ip.Over-pit,White resident suhm itted more Ivan applications than any other racial ar ethnlr group.The Figure also provides a onlurnn mmparing the racial and ethril{dlstrthutkari of all Cntrnty residents(MM the 2014ACS-The percentage nfHispanic loan applicants(3%)war-dispm"onabeto the peroentage-of the total Hispanic population(8%)-6nth White and Lion-Hispa nie residents eo}Wrienced a slrnilar trend pFs lower percentage gFapp4l;anfs compared to their pe.r4eritgge of the total pDauJatinn- BBCRESEARCM&CON MING SECTION wrPAGf6 City of Meridian P a g e 60 Page 490 Item#22. figure V-2. tw n Applications Received by Race and Ethnicity,Ada Gvwnty.2014 Nava. RM m..-A dud.lo.n.r.rn,JIII..N Arne*ican Indian or Alaska F Wyc K 1% Qra pen ies or non-omrrer nanpmm Daw do Awn M lid 21ds ..A Add Ina Xb—..Rhq H eU.S. 'Black or AfrIcap Arnerkan 93 t% t% Chma papJ.xhn cnegwr a•cur OiJud26. Neriwe H9waiitr%or Patirit Islander 63 D% D% &Q..CA. Whitt 14.363 62% 93'a FREE WW6 A"Cola 2034.2019 AUand Ethnrc" BBC R&6a mh&[auJGry. s65wir 535 3% 9% Non.Hispanic 1#90 M 924& Outcome of laa 11 appllintionS. Figure V-3 displays the aoina;tako n an Igan applikation:5 in 2014. Ofthe potential actions that€i)uId be taken pn a Ina n_ 4 `Loan originated'indicateSthpt the appli€atinn was approved and the applicantsocepted the loan; ■ 'Approved,but not accepted"means that the application was approved,but the applicant dense nat to Wcept the lean; a 'ponied by fTlarscial Institution"siguiRes that theapplicatir,3)wad rintapprow�!s#; ■ "Withdrawn hyal phrant"indicates that theappli€antchose not to pursue the Lean hetare an approval decision had been made;and 4 'File cimed Lair incnmpletenesx"means that the appli;catinrl was incomplete and the loan was not eualvated. Mrrre than two-thinds(7[V%)of all loans appl led roc were nriginated and 14 percent of applicatinm were denied-Ten percerst or Poo n applications were withdrawal by the applicant a"d the remainingapplications were either approved but not accepted or clgsed for incgmpletene5s. BBC RESEAAN&CONSULTING SECTION 1rr PAG17 City of Meridian P a g e 61 Page 491 Item#22. Figure V-3. loan Applications and Action 4g -.354 ■ Irar.nrlgxtrr. Taken,Ada County,2014 Nmr. - ■f'f5'IkailnnAxSk�hY rinancial instiljAun oaf�d�Mu�4 bN+fu mWnf�„ny propmW or om•a.rar anV:rzL ■b(1�IIW II Vf i'.111f ILLIJM7'Lrj seu": x1pllranr FEC 4M4'2rN ram M3A and 9Br Rd°mel�a ruuh% d{h,liwlitxer,;,iuxtiL',l nr.t x:cptr.r. HE J000-a;3r imv'upleLe•in� The most recrnL d istribvti"of loan application outcomes was similar to thgr oattvmes for the City of Meridian in 2010:the ptirCehtage of dcnird loan applications(1*%)remained the same,in 2014.Loan appl IcatLons that were originated were lower(67%)Ln 2010.but ioan appl iCatlons that were withdrawn by the applicant(II%)and approved but not accepted(7%)were higher_ Cvrrall,loan application adioils since 2010 only differ sligbtLy and rrflrrtslrntlat OUtEames as 2014. Outcome of aMkaklons by race and ethniclty.Figure V•4 prescrrLs more detail on the outcomes of loan applications,[Lxusingon differences in rare and ethnicity, The racial and ethhie groups with the h Ighest denial rate were Native Americans,with a denial rate of 20 percent,and Asian?,Aftican Americans and 11is"n.ics,all with a den iaJ rate of 16 percent.This cumparos to denial rate&14 prt-cent fir all loan appILtants.Native Hawaiians/helflc Jslanders.Whlteand Won•Fhspanlc residenL,s had the lowest denial rate at 13 percent, The rnor"kv lending uLLtcomes shown in FigureV•4 differfrom natiana,l and state outwnwr In several ways.First,the difference Ln denials among African Americans and Whites was only 3 percentage points with more African Americans being denied than white residents,Nationally, Lhe denial rake in 2014 w4s 25 perrertt fur AfrLcan American applicants,compared to lust 14 percent of non•Hispafth!White applicants—a difference-of iS percentage paints.Semnd,denial rakes for Asian applin n Ls in Ada County were also higher Alan that of white appiI ants;th Is was also hit thr case nationally. The HMDAanalysis in the 3016518te of Ldaiw fair arousing analysis found rei LJvely high rates of denials for American Indian/Alaskan Native,,Hispanic and Native Flawawn/Pacd1c Islander applicants,Denial rates for othrr racUal groups wrerc notsipnificantly different than thedrnlaJ rates for White applicants, BBC ROS AOCH&iaOrdUatmG SECIO eu,FrCal8 City of Meridian P a g e 62 Page 492 Item#22. figure V-4. Outcome of Mvr gage Loan Applications by Race and Ethnicity,Ada County,2014 Percent RIPR Ame iC,an Indldi}-of Alaske Nx-i a K% 4% dQk i 1 'a 1% Asian HN 3% 16% 1-0% Z% 912rkarAfrir ARwrk-w P% 3% 1W S% 4% HetNe Hawallanor paCMC Islander 57% 5% 13% Lo% 5% wh9le 71% 4% 13h 10% 3% P&Mk" ahpank P% 5% 145% 9% 3W. Hon#Ihpohio 71% 4% 13% 10% 3% 0ionnAnnenrorif"FUDof6 arcr -1% x1 Zia Anrrrkon rndfon/Whffe wffrrcnew -&% 1 `. .LIA hrSS4ft4/fir pukrvra 4% ! IK Narr. Dxd w indwk lomL for rrrA la i1v pfo',eR"or-wn-o Nrerza{ji ii . 7wRr srilCtlMl%iRa.WhrNlarrd QOG aexard#[agWhry. Loan originadon rates were somewhat slmilaracross racial and ethnic categories,all above 60 percent.Nadve American applicants had the lowest arlglnotion Late at64 percent Non-Hlspan1l: and White applicants had the highesr rates both at 71 percent. Mahal%Wkatiansbyn"and etftkiVr in the State of Idaho,AmerCan 3ndian}Alaska Native a pplicants had loans originated SS percent of the time;Asian applicants,62 percenk;Afrlcan Americans,62 percent-,and Whl re applicants,166 percent.Hispanic borrowers had loans originated 50 percent oFtlie dme--elghtpercentage paints lower than non-Hispanic applicants, Across all races and ethnlcitles,Ada Counts loan originations were higher than that ofthe state. Outwmes and types of 10IMSr Loan denial rates earl also wary byrace and ethnldgy based on the type of loads appl led for by applicants.Denial rates are typlcaliy highest for home Improvement loans,often because the addltbonal debt will ra Ise the loan to value ratios abowe the levels allowed by financlal Instltudon, An examinatlon ofthe types4Yf leans applled for by applicants of varying races aW etbnicldes found that Native Ha-aiia n f Paclfic Islander applicants were much more likely than other applicants to app3y For home purchase loans(754G of loan appiicadons).White,Non-Hispanhc and Hispanic appl scants had a lower rate of appllcatlans for home purchase loans(56%of loan applicatlons).Applications forborne improvement loans were lowamangoll races and ethnkltles,ranging fmm 0 to 2 pero nt of applicadons.Among minority groups,Hispanic applicants were the most Ilkelyofallappllcams to apply for reflnancing loans,while Native Hawaiian fPaclfk Islanderappllcants were least likely to apply For reFinancingloans. BBC R€S€,RCM&CONSULTING SECTION wr PAGE 9 City of Meridian P a g e 63 Page 493 Item#22. Figure V-5 dlspiays the dental rote by r�j4is and ethn Iclty and lean purpose-Genlal rates For home purchases are reladveV low across radail and ethnic groups except for Native Arnerlcans and Native Hawaiians/Pacil-ic Islanders Home pu rchase denials are I-Iwent For White,RDn-Hispanic and FlLspanJc 4arrowers.A5i01)rAfrl47an American and Hispanlcborrnwws experienced a denial rate of one-third for refinancing loans.In general,denlals were higher For home Impirovement and refinancing loans,as these can hold more risk pun a home purchase loan- Figure V-S. Ainui.au lyden N- 2 1% � Hume Flrr�islJxY Denial loV Rare and Ethnicity and nr N.r<ka Yati IA 12% Loanv Purpose,Ada Centy,2014 � Home Imorcrarnent Nan,. --Wrarrr Asian 241: rxkid.,nnrirl rrl..„irrair,.wr Ihm ill Irumv1rr+ .33K m;de,WrKmd as WA Sams: RL:rk r,-Atriran J.3x SEC H+ta a Azw oaLb 241A and eer Heaarstl American 8 33% tonsukht Naive Hwmiianar -40A4 Pdc di;15l370Pr A 109G r% Write 3375 fir.{ HLspanlr. 1T95 4� '3A% JiX tkn I li>Van'r_ 'J3'n' }6K Ada County luau applicants were denied home purchase loans at about tht:same rate L14%) wmparrd tuapplicants nationally(13%)and higher than all applicants in the State of Idaho [lU%). outcomes and ino5me IPwels_F igu re V-6 examines differences in loan origination and denial rates by in-Lome range.As shown by Kgurr V•6,thv different,in approval rates was mordcst. except forLhe lowest inenmeapplicants. Figure V-6. M-0rtgage.Loan Application Orfdf WonsAnti'DenWls by lutome teael,Ada County,201A Less than 50%MF1 -A% 29% rymr 50-M MR a% 16% Gras nu irr6udr tomstormuldraxe+ploperiasornon.o.rcr ooapaAm H13-106%MFI 73% 12% 100%MFI+ 72% 12% Sdrrcs: SEC la,Qe aye,Gales a63a ard sec Hnrarth a Wns�n� Reasons For denial.HMDA dara Contain some inf-Omrattan on why Loans were denied,which can help to explain differences in denials arnongraclal aM ethnic groups,f7gurre V-7 shows Lbe reasons for denials to Ada County, BBC RE3E.AOCH&fArdU NNG SKI"V,PA6E10 City of Meridian P a g e 64 Page 494 Item#22. For all racial and ethnic categnries,high deq#-to-inrome ratio and inadequate nr poortredit bimnrywere the tap m9sans for denials, Inadequate ar poor employment hiswry and unverifiable information were very minorreasnns. There are many reasnns why loan originaticin rates maybe lower far Berta in racial and ethnic groups,First.same racial and ethnic groups are very smalI.sn the pool of pmential harrowers is limped and may skew powands lower income hauseholds,sine minorities typicatty have t wer inenmes.Se4;pnd,min orityapplicanps are mere Iibely to notaccept their Inan offers,gven if they area pprfive,4-flitFereticeS in the mrnpletenes5 of Inain applications a nd withdrawal of applications by potential bgrrnwersalso affect the prig inodon rptPs Denia Ira"exhibit signlflcgnt variation aver Orne,ac,ord I ng to the Federal Reserve,driven by changes in demand€or ceMin types nF Inans,variation in borrower type and change-s i n cmd.j t sMndard_S. Me finnallyrdenial rates on home purchase dpplicatiorus in 2014 was very low—even lower than daring the housing hnm years.The relatively low denial rape in 2014 is attributed to a drop in applications.from riskier appllcant5,perhaps related to tighteningofcredIt availability and Iendingstandards_ BBC RESEAAow&CONSULrIIG 51cnoN V,PAGE 21 City of Meridian P a g e 65 Page 495 Item#22. FiCorx u-7. Rtasonsfoe oaeislsof wan applications by Racrand Ethnicity of applicant,ma county,20,14 Raw Al rtan Rnp'aflwAlavaraoo 0% N% 43% x5^x U% 14� Os6 03k Mir, 2% 5% 33% 36% YA 2% Lc% 7% R ckor AFrrcanA—r — m 13% 25% S096 ]3% 0% 0% 0% NsUwm Ha ll;nor PwffKlPland,r "S Aa< �9% ]% ]9% 0% 0% 4hIlf 17% t3% 25% 27% 3% 3% 3% 9% emwrxy Hisp.— 13A 10% 25% 31% 0% 2% 1% 20% Mon-Hlkppnlc m 13% ZS% 27% 3% 3Afi 3% v% Nolr Pan mat hsMr4a��u3ra^+rrcrranvnwv>me ura�ts Salrn: FREC HYQL Rir par antl>til�antl BK Nrs¢srNBienaltiry. BBC RdSWrH&WnSuLTiNG SEETM v,PAGE 17 City of Meridian P a g e 66 Page 496 Item#22. Subprl rim a i0aMs.The suhprime tending market dKIined significantly follpwingthe howling rrbsrleet crksi lationaliy,In ZG14,nnVahout 3 percent of CnnventinDpal home purcha and percentof retina nce laaW;were f)ubprirne.l nterestingly,nationally,small banks and credit urLinns were much more likely to nrlgi nate subprime loans than were mortgage mmpan Ids or Large hanks in 20143 r3 In 2014.in Ada Cpunty,4.9 Percentafthe]oans were subprime.The average interest rate above the prime rate wars 3 percent A bprrower with a suhprime ratewouid ray,on everaperabout $4rOOO lnnre per year than a prime rate Lxrrower,orahout t12O,HO over the IIFe or the loan- Given that tLie tpp reasnns For denials in the county were high d¢ht-tn-in,00me ratio and inadequate nr iwisr credit hi5tory—and comidering the high cost nrsuhrrime loans to a horrawer—this ks an area that the county should reuniter_ Summary Thissectian examine$pVWie and private decisiEMr that alFecthnusing choice,including the pu blic provislon a nd reguLatinn of housing and a€ee5s to mortgage li nanting.The primary finc4kn,&5 include; ■ The procedures and practices of the Seise City/Ada{county Housing Authority,and the Cityr's lend use and coning regulation.,do not appear to create harriers to housin8 choice and are In line with HUD reguiadons.Pespite the KAMAG weighd ng preferences equally among the elderly,disabled and tamilies with minor children,snare barriers to housing chin€e may exist he€ali5e of physical inaecessihility of hrwsing units+lack of local services and agiing m iltifamiiyunibs thatare not being properly maintained- ■ The differences in nio-rtgW Iaan denials among hnrrawers or varying races and ethnicities a re minor,particularly when Compared to denials nationally. Native American applicants have the highest gap in loan origination rates when carp pared to non-Hispanic Whibe applicants, For Che pw?mrs of th is sec mq'subprirne'is dlef ned w a Doan vri th an APR of mare then three peacerirtapx po m is abu e comparable Treasuries—Thies isoonsislm wAhtheintentof the I4deraiHesenmindefmmp'subprin- 'sntheIIMDhdata a ktt,/fwLvw.feArtalrese ve.gor{puWbulletio}2als/pdFrMt+-H MDAPEIP BBC REsE RCH&COMULTING -%cro N v,PAGE 13 City of Meridian P a g e 67 Page 497 Item#22. Public Notice PY19 Action Plan Idaho Statesman Keeping you connected I IdahoStatesman.com AFFIDAVIT OF PUBLICATION Al,... 76339e Gaed2aa. CITY Of MERICN ARM NQTICE 4F PUBLIC HE MI Sa7.0a 2 d}i h Attention; CFyrtal Camoell VICTORIA RODELA being duly sworn. Uepmea end amya:That she is the CITY OF MERIDIAN Principal CWrIk tR The Idaho 33 E 19ROADVVAY AVE SUITE 308 Siatesman,a daily newepeper mmm VERld IAN,I❑836422619 end publiMad al Baae,Ada County. Stare of Idaho-,and hawing a general ar€ula&m therein,and which CEfY 4F 1110IC1Aff said narMsp.par I+i*hee[q NOTICE OF PUBLIC HEARria ANO PlJ%JC COMMENT PERC6U Repmrding nNrridian's£Plrvinumlly Dguelcpment Block Ctent wnlinuom[yanduninterruptedky DIEVGl Piaggram published xt aaid County during a e City of rdE[idion is des*ated an Entillemrnt Couwnuruttyy liy Use ll-5. t}eppaartmeot or'Housing and Urban a�•relaPment IMJD1,This pC110A 4f CN4hrG{AnSG4Wlly�rnpnlhg deslgrlal en slows 1 w City to recowe lunds arrelraitt'0-fa fluvs prior to thefrrst ptmbcakn of the Ctammurip�t3euelpp Decal E9t9ck print Ifit56C�1 Pr em-The Cry art nalige.a copy mr wKeh is snached pp�pppdteg th6t M FW receive an anocabnn Df$624,I62 om��oha 1 2C19-in order ra receiup these Furry the City must suhriut to 4b hareta:fti said no*A war pdhhshcd an ariniral Arfian pin identifying the projects and @Dais the City wil In The Idaha Statesman,in confarmrry undertake la create new jobs, increase allordahle arkJ actesdbla xdlh SeClion 94 149,IdeMO Code.�s Iloud and revitalize Mentlian neiltillbOrhoeds tl�ng tie no o-d fr ggrran)YCar• amended,far. 81 L OVEN$ AIDE INVITER M ATTEND A PLIA IC t-46dfQt3 ON TUESDAY,JULY 1Gr 2819 AT&=t14P.f11.n bee FAeridian City 9 lorartions Carmcil Chambers,Meridian Cky HeII,33 E-Broadway Avenue,Merl San,Idaho,regardng the W113 Aulim Plan.Al this rneebir Wei and rxilten pisbbi tUfYrterilS will be WCOpte'd.Saac�tr Iltylt�bFl IS Beginning issue Dr: O5f311�19 extended to persons ndh dsafdlitres,reydenls M assisted harawg, and Mwidien busidesc Oro gropertsr 4xKerg.Merrdien QAy Hstl if,a Ending issue or, 4Gr3VNIO and capoe4 accesable taeiity- lndiy doaIS rNuring atw.r+nuda lion of pph ir:rl,sight,4r hearng impairments ca Ian, g%nberpre- rafion please cnntacl the{Sty Clerk at 12aS183t3-0433- AJI clhtens may review the drag plan and provide t2slimary Copies of the*aFt Plan are available he@inrirg Ma 31,2419 at lim Meridian City vial rn the Cammunrly DrrLg0prnr I 1p6riiriwt,and Olv We Cltys OW websile,htwAicridianuty.orp{[dt}P. A Pu is(*MMENT fEWO OPENED MAY 31, 2019 API Legau clerk] W1T CMINK THRCIIOH JULY 19,2019. ❑wring this period, oral and written comments about the 2019 Action Plan will be ac- cepted. IUI oDnarwrits sharld be addiessed to Crystal Cmpbel in ine W Com nifty Dtvi rkient oepartmen4 vAro may be contact• ed by mat;City Of Fleridin CaMurM 0 mint pepirve9! On Him 31at day of May In tine year of 33 E. Aye. Sle.162 Indian,IM:by t ng-(2001 apwg hakweme,a Notary Public 489-057�h:I 8S8G 54:or by e-rri*CUM eD�mefldlo ntity,are• puitonally appeared bcrpre me 224822-4I V ctona Radish known or idenfiFmd to me t4 ne the perean whose isme substribed So the wAhin instrument, and being by rust duly 9Warry, neclared thar me sgtelnents therein are true,end acknowladRBd to me Iha[ewe axeaurad the acme. for the state of ..:--- tczars,re' In Dallas CCt q "r`.. SFEFMI SCOT 8EARG 4 a'# - MyNotarY IQ N OWSZ9a41 ti;- Vspires 4ttab Erlra charge Mrloct or tlupScatr alM1drWm. Legs tloc -t plea..tln no[d..Vgt City of Meridian P a g e 68 Page 498 Item#22. AFFIDAVIT Or PUBLICATION 351462 E903014 STATE OF ID HO } )SS. I MERIDIAN,CITY OF County of Ada ) 33 E. BROAD AY AVENUE Sharon jessen MERIDIAN 113 83642 of Nampa, Carryon County, Idaho, being first duly sworn,deposes and says: l.That I am a cities of the United Stales, and at Al limes hereinafter mentioned was ever the age of cigbittw t years,and not a parry to thm abuvt"Titled action. S. That TAM die Principle Clerk of the eridiath Press, a weekly newspaper published in the City of Meridian, in the County of Ada, State of Idaho;that LEGAL NOTICIE the said newspaper is in gericra3 circulation in the said Grunty of OITY OP MIERMAN Ada, and in Rho vioiriity of FIOTiCE of PUBLtC MEARING AND PUBLIC Mcrtditln, andIi beerT COMMENT PFRIOD R"dFdlr%Moridlen's Cummuhlly Dlayerapn+ard rlrrirrtemptedly published in said bck Grpnl(CBt�`], Rrognal Colony during a period of seventy-eight The City of Mbridan Is(iaslpgin�iotl an Enaidemenl cammu• consecutive weeks prior to the first manl (by HUD)T This detr 4 wbuan spews find city ro TeccDBveel a peiblicaiiatt of this notice,a copy of iundc annwov ft):- tiuv"q Community Development 910pk which is hereto attarted, am"'I (CL*J q Pra9rarn. The CRY ankipaiea mw It w11r re- C*im an alloeat-bn or$424.t62 on oc oiler 1,.2ol9-In Order 3, Thar the notice, of wMrh the annexed is fo receive 1"9 luntls,the Ctly must subrrlri 150 HUD an an- a printed copy, xrk£published iti.said irkwill u d Ilttaake Ito create new�toyyo pr mms and gOble tin ciry ac, rrcwspaper ] dme(s)in the regular and cagglbfe h Mktg,and reOael Wridllan relghl hloadRdUur- Inu the next Program YB&r- Clrtl issue of said paper, and was pfin M in the newspaper proper,and not ALL FIEARir4a CITIZENS TUESDAY, JULY 1.6. 269EAT,9 P.M. In in supplement, the Meridian Clty Council Chambers, I`Asntlian city Hall, 33 That said notice was published The fol lowing; E. Broadway Avenue, Mpridlen• Idaho reggarding the 2dT9 I USf3IfiA19 Aoctim Plan. At this nloetiry erlf ono wriNen pubic com. i naenrg will ha a"OepPtteed-Spec [InultarlDn r&exterxigd io per. sons wilh dlgObiliiise. residents of esalsled havMng gr4d Mad;Gan bul6me andproperry UWFAM. Meridian City Hall Is a harrgirspp 4 aacaaslNIP iarrllly, Indlvidiimh r"ng aC• *TA�F-0F I D A I olnmodatlan of pptt��yyait 1, sighT, or hear�p lmpalrmenta or w ry Gf Cant' rang 41ga2D n1orpreietron plaaw Conrail the C ly GM ai(246) T3 4A93. All tilxans may review the draft plan and proAfe On this 31 st day of May in the year of lZIARY eairmony. Co.2010pies Dr the drall Ilan era available beginning N19 before me a Notary Public,personally appvn-d ve3opmeA Doperint ihe Meridian Orr'theat y�sa Copp wehsiib@,WCVcdb $Irarnn Jensen, knovrn'Dr identified to me to be the person whose name is subscribed i +l PUBLIC 001414ENT PERIOD QnNruD MAY 31, 2o19 AND MI. CONTINUE THRWQH JULY IS.2019. Dudng to the witlsirt instrument,and being by me first thm perfad. Drill and wrlgen mimmonts shpul the 2419 Aucupn duly sworn,declared that the statements Therein f4an will be sceepled.AN Commenlg should be eddmsged tpGr" are true,and acknowledge To ate Thai IFclshc erHn�ni,rA ea.Onllay he con artery by maa;Development E71g+ execut the same. Jk ammunllyy Dave MGM 0eparbngN,33 E. Filraadway Ail,B. J Siaio2• Mar 1, ID 1t 6by by prr6ne: 01)B)499-Q575;by 1 Tax: {20� 886.6T15.d; ar by TOO Notary Pta dsho *,.x ,F.X M. May 81,201g 199Ci0r4 Residing bt Canyon County ��x�,• N My oriuriMWn expires OW'28l2U23 ? f. Q wt OF 101-111%, City of Meridian P a g e 69 Page 499 Item#22. PY19 Action Plan Amendment Idaho Statesman CJ I Y OF MERIDIAN NOTICE OF PUBLIC HI ARVC AND PUBLIC CDMIANT PERIOD lRegardng IAendkan's Carr rntarlty Darelopmem Black Grant{CDBQ Pro am The Crryy t W-4ar- Fas been des Hatea an Er�lttleo>Iet, Canty mtta+ly tay b* us OepartTW4 pl HO(JSMJ ante tlrpan Dewelap ment 1 1. Ths desgration aF lo*s the sty to recehe h-Ms an- rLai v from HLIUs ComrnunO 0"wrnmt Elenctt Grant IODWI Program The CRY pmpofm 10 wbmo an amen400 1 Doo Plan 10► Pry grim Year 2019 IP'Y 191_ Dur PYl 4 ADC gas an at $180,000 to uWade the E. Tiad I?WVWay. but other lands aro em a+r<aibable so NDC nmanm Ilse f1,a010a there were aw 5eoeral ptolects that coupMed un*r bxxt of dur PY1 , *avmu $69,376 Ln CDR fu"d5 uriTspent. lrbe amendment wil udenr0t ficw the iund5 wtl be reMocated. AU CITOW ARC RIYM t0 attend a Public heann on Lei, day,Apal 7,2020,at 6,00 PAL, m the Aierrdan Crty CurdCtenbcrs.kleri*m'C Hall, 33 E. Btaadt+ay,Mandan.Idaho,re` 8arding the PY19 AmeMed k. Sion Plan Smoal ,rwttattan is ea- lended to Dersms wth asaW- Ms, resdeffts aI am toed hm5- ing, and Mendw business and pmwty CvMrs. 11iler>'&M City KA K a handrr:ap d aCeessible tuft ktdn+duals rewrng ac. cam d,ahon ai pNsrcal, s ht, or hearrrlg mpatrmerrts or iar- gunge int4!!rpretahon please ccrrr lac#the Uy Clerit at t2€361 W& 4433 all C1Efmm Mum She atnenood Adno plan and prof&tesSxoprry Copes atom dratted k-hen Wart wM be aua4 b1e breglnnng March 6, 2020 at the Wridran city Community De- velopmertt Depar;rwd ar5d on the Wt CUa 1 srlt. http:/f PWU ' cP - 100 WILL BE OKN FROM MARCH b, 2020 M R0l1W THE PU9- LbC HEARING ON APRL 7, 2020, IDLung trtr5 wiod, all com ur#s shatttd be addressed to Crystal Campbell at ccarnpbel omen[iarxzty.arg, i2MM 484 0575. of al C+ty cd Merdtan, Commundy De-idaprne t Di�part- ment, 33 E. Broadway,Itiendial, ID 33642 ll4jdb00 W1 City of Meridian P a g e 70 Page 500 Item#22. Idaho Press Tribune LEGAL NOTICE CITY OF MERIDIAN NOTICE OF PUBLIC HEARING AND PUBLIC COMMENT PERIOD Regarding Meridian's Community Development Block Grant(CDBG) Program The City of Meridian has been designated an Entitlement Community by the U.S. Department of Housing and Urban Development (HUD). This designation allows the City to re- ceive funds annually from HUD's Community Development Block Grant(CDBG)Program The City proposes to submit an amended Action Plan for Program Year 2019(PY19).During PY19 MDC was awarded $180,000 to upgrade the E. Third Rlghf-of-Way, but other funds are now available so MDC rescinded the funding. There were also several projects that completed under bud- get during PY18, leaving $69,376 in CDBG funds unspent. The amendment will identify how the funds will be reallocat- ed. ALL CITIZENS ARE INVITED to attend a public hearing on Tuesday, April 7, 2020. at 6:00 P.M., in the Meridian City Council Chambers, Meridian City Hall, 33 E. Broadway, Meridian, Idaho, regarding the PY19 Amended Action Plan. Special Invitation is extended to persons with disabilities,res- idents of assisted housing, and Mendlan business and prop- erty owners. Meridian City Hall is a handicapped accessible faality. Individuais requiring accommodation of physical, sight, or hearing impairments or language Interpretation please contact the City Clerk at (208) 888-4433. All citizens may review the amended Action Plan and provide testimony. Copies of the drafted Action Plan will be available beginning March 2, 2020 at the Meridian City Community Development Department and on the City's CDBG website, httn:/Iwww.meridiancity.ora cdbo A PUBLIC COMMENT PERIOD WILL BE OPEN FROM MARCH 6, 2020 THROUGH THE PUBLIC HEARING ON APRIL 7, 2020. During this period, all comments should be addressed to Crystal Campbell at ccamobell@mendianck ty.ora,(208)489-0575,or at City of Meridian. Community De- velopment Department, 33 E.Broadway. Mendian.ID 83642. March 6.2020 1999832 City of Meridian P a g e 71 Page 501 Item#22. PY19 Action Plan Amendment—CDBG-CV Idaho Statesman CITY OF NE.RIDIAH ALL CMZEN9 re AE NVITED to NOTICE OF PUBLIC NEAR*1G attend a ortaaJ pubic h*arin on nesday.Apra 2S, 2020,4 600 AND PUBILK CO AM EW R M a4 f Ms,,/dmerrier nY. V PEMOD w legardrrtg the PY19 Arnennded Regardint Metidiao's Aaron Plan and C+Gten Parbova• Commun. al t bon Plan Special rwatj(Km is ea. Dew Block Gram C Ginm tended to persons r„th dlsabMlt- i!re l i1y ur I rd3r' ray I)een ties, res&nts og as"ad hous- de5r$nwd an Ertalerrt4ir Cora ing. and N endan N 5mess arrd monAy by the U-& OepanM4r nt property oowrlers. Merdran City of Hoesm and Urban Deweiap F+�A rs a handreapved acr:�ssib� lowsmen m Ot This deNe V4rr br tX41y WmdLW-5 recwrng 9. IpwS ttrE C�Iy dd rkCCr�fur+ds an CorrrnE�ddbon of nuMv from NUD's Corrrrrunr ^31C 1, sight, DeverOpn�nt Bbx Gant� of hearing rgairmems or 1xv Program_ cage mte+prretAw please cw The Cgy prapmes to subui t an fact the Cty Cirrrk at I $W arnended Acbon Plan for No- 4433 +41 ctuem mar rrmw am year 2019 IPY191. The Me wended +�C-tran Pan and wle r[t 5788, E+rrdtr C*Ien RarIVwhon Plan and the CARES ki. tM arhend wA prou,de testrrnory C at the we acm Iha5 amwim T4 the avata- drabd Acfix Wan von be aaara- ble kMng hx&e year and rder• hoe begin l 22, 2020 an *the type of prnlects 9 vAl be the W-5 COK we". gght iD , used fer_ wrw.rMrrd�arWor +�bPER100 The also plans to amend the A PUBLIC C WenafirCplrUCn Plan per fee WILL K OPEN FROM APRIL HE datmo Ln late CARE Act to alon PU C " TING ON RL The reduc0urr of the public C PUBLIC . Culp ON Ar*d, inept penod to Ne 15)days ur.- all 2020. I:k,nng tl s pencd- der oxtraardrna<y cranstares all cedto nr should be ad~ as well as to alloy alernatwe dressed ro�'iystaa Carxrpb[il at c �arM� CarnpbellCrT pnd Fan City.arg, (2081 4+&3-0575, or at Gty of MaMMM COMHOay De+relnp- ment Devaivrev- 33 lr Broad- way,Merrik ID 83fA2. 4W9247-01 City of Meridian P a g e 72 Page 502 Item#22. Meridian Press LEGAL NOTICE CITY OF MERIDIAN NOTICE OF PUBLIC HEARING AND PUBLIC COMMENT PERIOD Regarding Meridian'",Community Development Block Grant(CDBG)Program The Cdy d Mendian has teen desgnated an ErAirtlemeni Community by the U.S. Department of Housing and Udmn Development (HUD). This desip+ation allows the Cly to re- owve funds annually from HUE]s Cornrnurrty Development Block Grant(CDBG)Program. The Cmr proposes to sulxnd an amended Aclion Plan for P =Year 2019 (PYt9). The City will receave $288,106 order u+a CARES Ad This amendment w11 add this amount tD the aveilaWe funding for the year and identify the type of pro(ects 4 wta be used for. T^e C ty also pans to amend the Clazen Park-patavn Plan per reguiaticrs an die CARE Acl to allow the reduction of the p,rblx: oD nnnent period fo five (51 days under extraordinary crrurrstarroes as we as to allow ayemalive hearing km—uglfs. ALL CITIZENS ARE INVITED to attend a virtual pubi-c heenrx9 on Tuesday_ Apse 2b_ 202U. at 600 Phil. allhttins=_�meridlanely.nr4'liva rngerding the PY19 Awarded Ae- um�TA,zen arrtcpataf, Play. special irmteton is fxle,nded n persma with throb Aes_ residents of $saisted housing.and f�leriden business and property owners. Mendr- w Cny Hall ;s a handicapped accesr�be facility. tndyiduaN requrnng accammodahon of physical, sVM of reanng im- pairments or kat+quage interpretataan please conlad the City Dark a1 120s}�mil. AJI citizens may review the emend ad Action Plan arrd Citizen Parlicipation Plan and provide testimony Copies of the dratted Action Pan trill be available Wginning Apnl 22, 2020 on the City's CDBG -wbaib. A PUBLIC COMMENT PERIOD WILL BE OPEN FF1DM APFIJ r 22. 2020 THROUGH THE PUBIC HEARItJG ON APRIL 28. 2020. Duringthis period.aO oomments sto.6d be addressed to Crys�l idiarr6 Campbell aI ccampbeII6rr*r - ty.org,(208)489-05,or at Cly of Mendaan,Commurdy De- velopmere Trent,33 E.Broadway.Mendan.ID 3W Apra 24.2020 2009595 City of Meridian P a g e 73 Page 503 Item#22. Website C A rneridiancity.org/cdbg/ (��,VERJDIAN�- Residents Business City Government Stay Informed Search • PY19 Action Plan Amendment The City is amending the PY19 Action Plan to reallocate funding. There will be a public hearing during the 6 pm Council meeting on April 7,2020. This is open for public comment from March 6,2020 to April 7,2020. Please send all questions and comments to Crystal. • Presentation use arrow keys to click through presentation • Summary of Amendment • Draft of Amended Action Plan Website—CDBG-CV r • PY19 Action Plan and Citizen Participation Plan Amendment The City is amending the PY19 Action Plan to reallocate funding and include the additional CARES Act funding. The Citizen Participation Plan is also being amended consistent with HUD guidance to allow a shortened public comment period in an effort to get the CARES Act funding into the community more quickly. The PY19 Action Plan is open for public comment from March 6,2020 to April 28,2020,with the CARES Act funding update incorporated on April 22,2020. The Citizen Participation Plan is open for public comment from April 22,2020 to April 28,2020. Please send all questions and comments to Crystal Campbell at ccampbell@meridiancity.org. There will be a public hearing for both items during the 6 pm virtual Council meeting at https://meridiancity.org/live on April 28,2020. If you plan to testify,be sure to sign-up in advance. For more information on testifying,please contact the City Clerk's office at(208)888-4433 or cityclerk@meridiancity.org. • Presentation use arrow keys to click through presentation • Summary of Action Plan Amendment • Draft of Amended Action Plan • Draft of Amended Citizen Participation Plan Website—CDBG-CV City of Meridian P a g e 74 Page 504 Item#22. E C Ili meridiancily.org/cdbg/ 4 o * O I-- Residents- Business- city Government- Stay informed� Sr Payutilirysill Community Development Block Grant Program Home I CD6G Projects I Resources I Planning and Reporting I Ann ounceni CrystaAnnouncements pho—Campbell Phone:201Q575 cca mpliel to m er idi a nc ity.org Public Comment for Year-End Report The City of Meridian CDRG Program Consolidated Annual Performanceand Evaluation Report(CAPER)is available for public comment from February 5,2021 to February 23,2021_Comments can be submitted to Crystal Campbell at ccamphellgmeridioncity.arg.There will be a public hearing on February 23.2021 during the CityCouncil meeting that begins at 6 pm at Meeidianaty arg/live.If you have questions,please contacr Crystal at csampbell®meridiancity-org or{2118)489.0575. Public Comment for Amendment to PY19 Action Plan The Cry will receue an additional$254,197 under the CARES Au and is amending the PY19 Action Plan to include these funds.The PY19 A[cn Plan is available for public comment from February 26,2021 to March 23.2D21.An overview of the amendment is available to make it easier to identify the changes that were made. Please submit comments to Crystal Campbell at ccampberlomerldlancity.org.There will be a public hearing on March 23,2021 duringthe City Council meeting that begins at 5 pm at Mendiancity.orvlive.if you have questions,pfeaee contact Crystal at ccampbell®meridiancity.org or(2091429-a575. C Type here to search m o t City of Meridian P a g e 75 Page 505 Item#22. Resolution PY19 Action Plan CITY OF MERIDIAN RESOLUTION NO. 19-2156 BY THE CITY CGUNCIL. B RNT,RORTON,CAVENER,MILAM, LITTLE,ROBERTS,PALMER A RESOLUTION APPROVING A-DOPTION OF THE; COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2019 ACTION PLAN AND SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVEWPMENT; AUTHORIZING THE ]MAYOR AND CM CLERK TO EXECUTE AND ATTEST TFIF, SAME ON BE, OF TITS CITY OF MIERIDIAN;AND PROVIDING AN EFFECTIVE DATE, WHIFREAS, it is necessary that an annual action be submitted to the United States Department of Housing and Urban Development("HUD") in order to receive Community Developrneiit Black Grant("CDBC")funding far the Prograin Yea r2019;and WHEREAS, the City held a public hearing on the Program Year 2019 Action Plan on July 16, 2019,and kc]d a public oGmrnent period on the draft application materials from May 31,2019 to July lb,2019; NOW,THERE FORE,BE IT RESOLVED BY THE MAYOR AND CTrY COUNCIL OF THE CrTY OF MERIDIAN,IDAI10: Section I. That.the Program Year 2019 Action Plan, and its certification docnmcnts, copies of which are attached hereto as EXHIBIT A and incorporated herein by rcferenur, be, and the game hereby are,adapted its to both form and content. Section 2. Tliat the Community Developinettt Program Coordinator be,and hereby is, authorized to submit such Program Year 2019 Action Plan to HUD, Sect icon 3. That the Mayor and the City Clerk be, and they hereby are,authorized to respectively execute and attest the certifying documents far the Program Ycar 2019 Action Plan for and on behalf of the City of Meridian. Section 4.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 2 3"d day of July,20 19. APPROVED by the Mayor of the City of Meridian, Idaho, this iiwday of July, 2019, APPROVED- ,ED W*"T: a � Mayor Tammy de Weerd ris Clerk 4 RESOLijuoN ADOFTT NO CDBG DcocuwomN —Page I OF I City of Meridian P a g e 76 Page 506 Item#22. PY19 Action Plan Amendment Cuv OF MFR$DIA-% kf-%(]?1,1'TION 'gip MIIII BY THE CITY COUNC'll: Fly'RNIr.1F01RTDN.CA%'ENFR.HOAGU1'N. fFRRFAt I IF.AMID STiRADFR A RF'i+lWV[ION APrR1F%imp, AD[kF''1m^ OF A NCR%1ANIIAI- A16IFNUM -44T T{! TITF #'[lA %11r%M 1rF l.[>F1' F+rl 11m-K GRrkv4T V%NV AL AST(A l i,-%N "M 1'Iklf[;R.CNI 1 LAR IUI4: UrYWRIZING THE MAYOR AND CITY C'FLRk 'TO 1 %.VXVTE A." ATTO&T 11IF MNIF M RFI ALT OF THE CMV (N MERIDIAN; U I HOW M. ;'FNkd-OMNII NITIO t)kNkIj11V%JV% ' F1k(k;IkAM( 1X1ORDdti.AT4)k10 18HIT TRF 4tt1F TO THF. UN1`FT1) S Tit TF% 11F PILItF%1F VI OF FI[F1-,,r4NG AND [ RRIt4 1)FVF:14w%11F.NT, A*iD rROVID1 SIF 4kti 14FF(-M'F- IIATr., M 141KREAS pa"Wnl w.ram:r veolsr1u11�414 the 1:nPin:'rt4k.. I%%'0FU ftk Ot I lauwMS as i I ltbu n rk-%vi6�i'"Ffl-W).iI 1 s n$;x q rr1 zYm"W mid �A"ii 1.,f R 77#*h W amen m=of an"ion Kin f1n a guys Ccmmunnlr Dcvek+pmrrlt Lliuek Grartr I'CDBG-0 ffoynns wfrrn a chaW ipm a rit 's■llawtim p1m amdimu%rrK.c Ihrn_il prrmw of mmua7 hwWhnf WHFREAS,fire City hcld a pnhhc hrarmg un dw mwhcd n16p lvainl mTwrm*rxnt ki 1hr A.xuu1r Pkw fw I'r opr=l'eltr i f f-PY 19-1 un April 7.I11 O.pied heid i puN IL cu1me6131 ixr kLPd on Ow drab app1PCUIPM ffkiAC Jkf JIFOM 161erch k 2=10 Ajwd T,WW- %I?11►.THEREFORE.BE IT RLC)LV ED OY TIII:1w1AVOR ANDC'TTY CI KINCIF OF THE C1T� OF WRIMA, IDANQ SWrhrw 1, TWO The 11r11f+rM PT'I0 Avue+Pho.u ur n hs:rvrLl,bu,pw the wn+4 hcn b}-;m,adn"ud am w b06 Corm and cwftin. tircrko■7- T1rril dw lllaywand dw tWy Clrr!k-.■nd Aq Wtoby uc,audrarimdla wtsuvwAv ets-,de arW mucu rlrr wfif"ing umw i it Tiff the owndrat 1FV 19 Ac I pLm Plus Sextiata I Tt a1 rhr Cccmnuniiy Dlevlkipmm lhmFam Caardmrmn is hurbrY 4Jimc d w wbinn Iw*maCa"PY 14 AL,-g wr PIm No HUD. %m1Hnw 4.Thd IW4 Rcwlulum algrfl k in fill kmr and effort Rmnodia4olrarun ink Xk.gpllm wld 4vft wl '11N iP TF D by i11c City(-aumrd orcay or poendixn.IkIWIPLP Ohl.?Ilt31 uJ rd � p AJVW%'ED hT dk Nk-ko1 of Lbe I.4y u(1.{aWgiis. I W)Li. rdhMs Aty o1 A I�rCD1'I 11TTW: hi T o Ir Ix Cl-k la V Rlzd L,krk A cwnwwCSC OWLSWIn#-hFr I K*1 City of Meridian P a g e 77 Page 507 Item#22. Citizen Participation Plan Cm Olt MRS11DIAN RE-MM lTUION mm W221I7 Rl'THE CM C(14'%C'll _ IWA T.11 MTON.C4VENCIL.mn)%GLlr.*4. PFRRFAt L-T,.i51b%TR+LOFR A RF-SON.1 11IA APP140%1%4: ACKf IFIItP% OF AS AMF'.NIfMUNT IIF 1Hir. VITiAMN r)kk I'Ir.aTm)% rvkl� 0-()R tHIF #-ir mmi'Nin, on-IrlA)lr ANT Rl.(X,h C,KANT; AUFHORIZIsir THE %1A i1R .OiD CITY (LERK 'It_I' L=1EC l TI; CCU ,CTTEhi THE #4ME O% BEHALF OF 1'llF. C1TV(W M RIDIA%: .k Cs iwRw) 'IDI*iG AN EFF'F.C'TIVIE iF FIF#XF+4.pummIl 10 tier rrgulati ni the UmtlCil S-mlcs Ik-pw==m aF liuming and I'rKm D%r%cl ltt('1H1rfn.of W MWS!W y ai Odd4k a(FUn'n F*tW M11*n 14Ma Ih0I *f4 61MIIII the jurndlict►nIi'a pol M% Old PAKnl�-s fd*wKLRM PACIslPOWH:AM WHERFAS_the C'aauaa;irm Apd.Kcficf wed Emm mic S Lomy Aut(CARES Acto pr -Wo direr dw Cit.v mry ow=W itr(ni-mn Pattiripunknn Flan to esiahI&A axlxdAw primcdarm fur nuund cumulmWwd phm and action phinv. WHlKkFjVL such ctpo;lltdpk% wm must lle.:I!L*[k opipKC wad a L!mmowat powd of ul k-ar 5 days, WHFRF.A&the Ciq Ir4d a pauNic hewers m the iItIOilmd C'iwrn Pmticilwtwn Flan Qv April '_#I,2 10,and htW a puhlic ountemm proud vn the dmfl aMAicatium www"al+fnvn Aphl 2Z.'N I)w Apm1 N. * 2R. O%.Tl1rRC FOR F',1W. IT RF OLVED BY"IE Al kVOR A%13411rV QF THE C1'n OF ME Rl MAS, 11),W 1 9or*m 1_ Thmi Me w mded I'aimm Fart�ij%imm Plwk. m siwoW hcmhx lie,mW Ilse isms 1t+Ie*ry i%ad«pW xm a+WM ICwn mg c ki olnt 4wrlow L Tkal Ikt4 Rm. luiwm fh9l be in ftill tbmv and clYmi wnmadiml q=iu wktpauvl,tad A pills w. UN Wtf;10 by the City C ounal atCity of Mcndim ldahn thrs 2llalh dAj ad -kvd al .XLV. ,1F'FI111%'ER by dt c mm)%m oftlre cmy orMcFldwo,l4UK-k_this 2*h ft of ATTEKV By. %11-1091 Ituhrn F Si C'hni luh itp['kvk ' RJW'.4 a•+ W A IMM;CIMf DXLW rWM-FmW t cr I Mwdw OIq t aft" A►dfw+ar A.2m- f aw 4 in City of Meridian P a g e 78 Page 508 Item#22. SF 424s and Certifications PY19 Funding City of Meridian P a g e 179 Page 509 Item#22. OMB Nwnbcr 40404D004 Expiration Ztaie:12M 1 M1 P ApgliOatlon for Fadaral AnIs#ante SF-424 1.Type 0Submissir:n '2.Type ctAppli allon: tfRrnmkseleclappmpdaleleltenaY LJ Preappllcallon New ®Ap*-Wlon coollrlumi0eti +ariSPe rl Ch9rgedlCorr9ct9d Application L_I fRevIviorl 13.dale Retelved! d.AppllrarN I&nbW. 5&Federal Enlity Identllier 5h.Federal Award Idenlinar: 0 19-3iiC-i5-OR106 51WW Use Only: S.DabeReoeNed by MAE E= 7 Slabe Apolic:alipia Idenliner: E.APPLICANT INFORMATION; 'a LeyelNarnff Oily aL Hexidian •h.EmplayerfTeup%%r IaerrtNieallon Number(EIHJ VS ; `t.Orgenleauanei E>l.N& �2-6�60�R5 02QT513670000 d,Addrw6: 'Slr4md; 193 S. ;MLPa4We ly ham- — —— 'c:tty- etidian CmntyoP9dr.h; 'ewe: I ; Idaho PrpAm `Combry_ USA: UNITED STATES 'Zip!Paeiel Cade: 83642-ZU14 a,Orpnirallonal Unit: DapQnm&d 148n5e- Di7i9ion Narae: omunity oevralapmlant I Planning f,Name and conlaCt ipiormatlom of person to he conlacted on mafRera 1wmMP1g thr#apPlkailan: p%fim: 13r Fir5l.Nwnc' Ceysbtll Mkldle Name: 'Lml Nume' tmrrphell 5Uror: TIIIe: yu=unity Uev lopnent exogxam Cnordinatae 0eganlxsuanal Afffawx Ly of Meridian •TelemiumNumGer 209-"9-41575 I Fa.N.W 2U8-H8H-68S9 —I'al. ccampbell@mridiancity,org City of Meridian P a g e 80 Page 510 Item#22. Application for Federal Assist@nce SF-424 '9,T� a of Appllnant 1:Salad Applleant Type: _.._-..� C; City ar T�nchip GQvc rrm.cnr. _ Typo of Applkant�Saled A,ppl IcarrL Type- Type oTAppbmW3:iledApplkaMType! •Dlh�[slxw'IFYY 10.Nome of Federal Agency: United States nepaYtment of eavaittg and Urban Develops nt 11.Calilog of RWOVOI Pomo#Ic As4lslanuv?4umbar. ~ CFM TRIa: 12.Fudding OPporlunHy Humber 19-sle •nre� cawunxty PQvqlopment Block Grants/Entitlement GranC 13.Compet4tlon IdenllFlesuan Number: TiUe: — 14.Araos Aff rigid qy PFOi4cl{CNiea,Gounlies,Stales. AM Ajtecirmenl L'o-elete Alt.hmenk I Ylew FkFtactlmerN `1b,ResGripWo Tlllo of AppliGant`i Prgiwd. lnveet funds to createJekeatain auiteble living errviroranent3, axpand affC�adsbLe housing ppGlUfflitiee, elimirake Ali and blight, and adainiltwr I++rtdkan'a CDBG EntitiMeat erogxet . Atlbch wppxWq&amrrants as specified ieageno{Irtsirucuone. AddAitachnants I DeteleAgach VIeWAIIaCnfDeu City of Meridian P a g e 81 Page 511 Item#22. Application for Federal Assistance SF-424 16.Conpreaslonal Disulctb OF. 'a Applicam 1-i l `b.PragraaVP+aject 1 !D Allwh an addKmal list of Progr;vNP*ajcr3 GonIpU$siprral disbiel$if upeded. MdAtiaahment aele4eAtlachrnent Wi Atlachrnenl 3 17.Prop954d Protect a.9tertbara 1D}6112019 'b,Fndlla4a oglaa{2ozc 18.Eallmeted Funding js] a.Federal �27 r 162-d0 t.Appiranri r: $I*lo D-DO d.LOLaI 6,Db "e.Other b-60 f. PnVarD Income U,Q4 'I.TOTAL d2d,162-00 19-Is Appolcmlon 5ubkeet to rtev6ew Hy State Onder Exeeutiue Order 12372 Proeeaa7 a.7fgs apprcatlon was mudemad8ble to the Stale under the Exemdlva-Order 12372 Process for reiAmv an L] b.Program is subjwA 10 E.O.12372 bul rkn not been seleclecl by the Static for reL}5w. ® c.Program is not covared by E0, 12372. 'OL Ie the Appilcent Delinquent On Any Federal debt? (If"Yva,"prowl'-do explaratlon In attachment) El Ydss N NU rf'Yes",provide explenp w aril attach Add Atlachmenl Cyeleke Ailachmem I View Altai":ff l 21-`ey sig,nlag Ihla appileatian,I eaetlly(1)to the sratemanis comalned In the list of oert4flcatbane a nd;2)that via state menu hereln are true, complete and aeeurata to the bast of ndlr knowledge. i also prowWa tho required assurances" and agrwo to sornply with any remelting terms if I acwFAa.n award,I ism 8wir0 Mal Orly fa Ise,ttNitlpu#,or iraudu6ent 3t2iemente ne olaIms inay aubictt fno to crin'bnal,ciwp,or idrtllnis#relive penallles.ILLS.Coder Title 218,5eetl1511 1001) 0 "I AGREE "TtNO isl or i 9e llIFSat"wo assurances, or an Idernel alte where you may cMn Ihla Ifsk Is owtalne:t In the anmuocement or agency m*dfio ineirudions. Alllgorited IInreaeotatim Prefix: 'FIretl4arne[ Teirwy Male NerM. Law Noma do xoard Suffi c '71IIa: Hagar '7`Eiephornetlun*er; 208-998-d933 FoxNur*or 246^684-8723 'fwil: tdesreezd@nezridiancfty,ar4 E gnature ceAvibmiaed ftepreaeniallve: 'WbxSigned: City of Meridian P a g e 82 Page 512 Item#22. CERTWICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifiesthat- Affirmatively Vurttier Fair Housing--The jurisdiction will affirmatively further fair housing- Uniform Relocation Act and Anti-displacement and Relocation plan -- It will comply with the acclulsition and relocation requirements of-the].Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended,(42 U.S.C.4601-4655)and implementing regulations at 49 C:FR Part 24_ It has in effect and is following a residential anti-displacement and relocation assistance plan required under 24 CFFR Part 42 in connection with any activity assisted with funding under the Community Development Block Grant or HOME programs, 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 i nfluence 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 H edoral 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 Congnss,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant,loan,or oeoperative agreement, it will compiete and submit Standard Form-LLL, "Disclosure Farm 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 sub-contracts,subgran% and contracts under grants,loans, and cooperative agreements) and that all submcipients 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 i zXdertaken with Community T7evQlopment Block Gtam,HOME,Emergency SoIution.,! Grant, and Housing Opportunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction's consolidated plan, Section 3--it will comply with section 3 of the Housing and Urban Development Act of 1968(12 U.S.0- 1701u)and implementing regulations at 24 C:FR Part €35. . ak Signkure of Auth ircd Official Date ML�or Title City of Meridian P a g e 83 Page 513 Item#22. Spec Mc Community Development Block Grant Certitleations The Entitlement Community certifies that: Citizen Participation-- It is in full compliance and fallowing a detailed citi7cn participation plan that satisfies the requirementsof24 CFR 91,105_ Co Development Flua --Its consolidated plan identifies community development and housing needs and specifies both short-term and long-term cotntnunity development objectives that that have heen developed in accordance with the primary objective of the CDBG program (i.e., the development of viable urban communities,by providing decent housing and expanding economic opportunities, primarily for persons of low and moderate income)and requirements of 24 CFR Farts 91 and 570_ Following a Plan -- It is following a current consolidated plan that has been approved by HUD. Use of Funds -- It has complied with the following criteria; 1.Maximum Feasible Pnori!Y_ With respect to activities expected to be assisted with CDBG funds,it has developed its Action Plan so as to give maximum feasible priority to activities which benefit law-and moderate-income families or aid in the prevention or elimination of slums or Might_ The Action Plan may also include CDBG-assisted activities which the grantee certlftes are designed to meet other community development needs having particular urgency because existing conditiom pose a seriogs and immediate threat to the health or w0fare of the commu pity, and other financial resourccs are not available (see Optional CDBG Certification). 2. Overall Benefit. The aggregate use of C',DBCi funds, including Section 108 guaranteed loans, during program year(&)} ,� 0 1 IO2D_ La period specified by the grantee 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]cast 70 percent of the amount is expended for activities that benefit such persons during the designated period. i I Assessments. It will 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 lour arid moderate income, including any fee charged or assessment tnade 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 C;DBG 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. In additiory,in the case of properties awned and occupied by moderate-income(not low-income) families,art 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 exccssi ve force by law 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 of5uch non-violent civil.rights demonstrations within its jurisdiction. City of Meridian P a g e 84 Page 514 Item#22. Compliance with Anti-discrimination laws--The grant will be conducted and administered in conformity with titt-E VI of the Civil Rights Act of 1964 (42 TJS,C.2000d)and the>~air I loilsing Act(42 U.S.C.3601-36 19) and implementing regalaotions. L&W-Based Paint--Its activities concerning lend-based paint will comply with the requirements of 24 CFR Part 35, Subparts A,B, J,K and R. Complinnce with Laws--It will compIy with applicable laws_ Auth zed 0 caal Date Title City of Meridian P a g e 185 Page 515 Item#22. APPENDIX TO CERTIFICATIONS INSTRUCI-IONS CONCERNrNG LC>.EiFiYTNG CERMCAT[ON: Lobbying Certification Tlris certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certific-atiori 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. City of Meridian P a g e 186 Page 516 Item#22. pM8 Approver No,0348-0042 ASSURANCES-CONSTRUCTION PROGRAMS F5ubllc reporting burden far this aoile,cJcn of inMrmEkUon is estimated to average 15 minurlea per responsa, inctuuing tlme for reviewing Instpictions, searching exieling data sources, gathering and maintaining the data needed,and ownpleting and reulewing the collection of information- Send comments regarding ire burden esiirna bo or any other Aspect of the collectlon of Infomtatlon, including allKeations far reducing this burden,to the Office of Management and Rudget,Paperwork Raduetion Prcgoct(034&0442),Washington,DC 205413- PLI=ASE p0 NET RETURN YOUR CDMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDG LT. SFND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE; Canaln of these assurances may not he, applicable, to your protect or program, tf you have quBaticrns, please contact tho Awarding Agency. Further, certain raderal asslalance awarding agencies may require npplieants to cerllfy to addltloml assuranaaa-If such is thL%casi§,you will ba nodf]ed. As the duly authorized representatisre of Ilse,applirarrL I certlify tlxat the applicant; t. Has the legal authorlly to apply for Federal assiOanea, 8. Willi! wnply *th His InUrgovarnmontal Personnel Act and the Instittillonal, managerial and ilrnnndel capabllfty of 1t17(1(42 U-S.C.�§472F�-4763)relating to prescribed (Including funds au�icient io pay tho nom-FedVal share srandnrds for meat systems for programs sanded of prgect cow#) to ensure proper planning, under one of the 19 statutes or regulations spe,cined in marlagemerrt and ownplation of the project described in Appendix A of OPM's Standards far a Merit Systom of this applicatlon. Personnel Administration{6 C-F-R-840,Subpart F). 2. WIN give the awarding sgency,the Comptroller General 9. Wirt comply with the Lead-Based Paint Paiiswwing of the United States and, it appmpriata, the State, Prevention Act (42 U.S.C, §§QO1 et seq.) which through any autharizad represerntAvo, access to and prnhlblts the use of lead-based paint in construction cr the righl be examine a1I records. books, papers, or rehabllllatkk n of residence Structures. documents related to the assistance;and win estahlii-.h a proper aomunling system in accordance with 10. Wil comply wilh ail Fabaral statutes relating to non- generally accepted accounting staredards or agency d isarlminaticn. These Include but ate not Iimlled lv: (a) directive, Titla VI of the C 4 Rights Act of 1964 (P.r.- a-�52) which prohlb is discrlmina#Ion on the bask of race, 3- Will riot clisposs of, modlfy the use of, or change the calar of national origin; (b) Tdle, IX of the Pducallon farms of the real property title, or other intiarest In tho Amandmenti-i of 1972,as amended(20 U.3,C, %1681 slte and facilities without pBrmirriDn and Instructions 1683, And i685-1659), Which prohiblts discrimination from the awarding agency. 1^AII record the Federal on trio basis of sex; (c) Section 504 of the interest in the bua of real proponyr In accordance with Rehabllltatlon Act of 1073, as amended (29 U.3-C- awarding agency dlrwtfms and will include a covenant §794), which prohiblla discrimination on the, basls of In tha title of real property aquired in whole ar in part handicaps; (d) the Age DiscrimirLatlon Act of 1975, as Ah Federal assistance funds to assure non- amended (42 U-S.C. z 6101-fi147), which prohibits discrimination during the uaeful 0a of the project. discl5minalfon on the basis of age;(e)the dn,g Abuse Office and Troatalent Avt of 1872 (P-L. 92-2555), ng 4. Will comply with thi§ requirements of the assistance amended,relating to nvndismiminanan on rare basis of swerdin g agency with regard to the drafting, review end drug abuse; (f)the Garnpreherrslve Atcohol Abuse and approval of construction plans and Specificaliorrs. Alc-oholism Prev nlicn, treatment and RehabltRadon Act of 1970 (P.L- 91-616), as amended, relallmj to 5. WIII provide and maintain ccmperent and adequate nondiscriiminatlon on the basis of alcohol abuse oT engineering aupervislolt at the constructlon site to alcohollsm; (g) �§623 and 527 of the Public H6etth ensure that the onmplete work ocnfarma with the 9ervlce Aol of 1(J12(42 LI.s-C.§§291)dd 3 and 2K ea approved plans and speafcations and wlrl furnish 3), as amended, relating to oorrfidantlallty of aaoohol progress reports and auch other infprrnaticrn as may be and drug abuse patient records; (h) Tltle VII1 of the required by the assi2stance awarding agency or SWo. Ci,ril Rights Act of 1068(42 U.S-C-%3601 et seq.),as ametdi§d, relating to nondlscrlminartion in the wile, 6. Will initiate and complete the work within the applicat)Ie rental or financing of hqusing; (F) any other time frarne aftor receipt of approva3 of the awarding ncndiscrimirladw provisions In the spedflc statut (s) agency. under which eppticafian for Federal assistance Is being made; antl, 0) the requlromants of any other 7. WII4 establlsh seieguards to prohibit emp"@s from nondisc rnknatlon statutes) which may apply to the uSirrg (heir positions for a purpose that constitute or appllcallon, presmts the appearance of personal or orcjanize&nnl conflict of Interest,or personal gain- slbnoanl Form 42.40 iftev.7-971 Prevlourt Editlem tlsabne Autho fixed for Local Reproduction Preasrlbcd by OMB ClrCulxr A.-1 a2 City of Meridian P a g e 187 Page 517 Item#22. 11, Will pimply, or has already complied, with the National Environmental MIcy Art of 1969 (F.L. 91- requiremanls of Titles II and tll of the Uniform Ralocalfon 190) and Executive Order (EO) 11514; (b) natificatlon Assistance and Real Pmperly Acquisition Palicisis Act of of vlolatlrtg facilitiea puremant to EO 11738; (c) 19710 (P,L, 914a46) which prpvide for fair and oquItable protection of wetlands pursuant to l=d 1199[r {d) Ireat mint of persan5 displaced or whose property is evaluation of flood hazards In 13oodplalns In accordance acquired ac a rasutt of Faderal and federally-assisted with EO 11DIM, (e) assuranoa of project cormiwtnncy programs- These requirements apply to all interesis in real with Irm approved State fnwnwgement programs property aoqulrsd for project purposes regardless of developed under the Coastal Zane Management Act of Federal participation in purchases- 1872 (16 U.3,C, MT451 of seq-Y (f) Owformity of Federal actions ID state {Clean Air} Implementallon 12. Will comply with the providorw of the Fla"Act(6 U-S,C, Plana under Section 175(c) of the Clean Air Act of �51501-1508 and 7324-732B) which limit the political 1955, as amendatl (42 U-S,C. §§7401 et seq.); (9) ectivitias of ampioyees whose principal employment pratactiun of underground sources of drfnking water activllles are funded In whole or in part with Federal funds. unbar the Safe Drinking Water Act of 1974, as amended (P,L. 133-523J and, (h} protection of 13- Will cornply, a 3 applicable,vnth]ha provisions of the Davls- encda ngered species under the Endangered Spacles Act Baron Act(49 U-s.C-§§2Ma 60 276a-7),the Copeland Act of 1973,as amended(PA-113-2105)- (40 U.S.C. §27Dc and 19 U.S-C. §874),and the Caltrart Wwk Hours and Safety Standards Act (40 U.S.C. %'327- 16- Will comply with the W11d and Scenic Rivera Act of 333) regarding labor standards for Federally-assisted 1968 (16 U.S.C.§§1271 et seq-) related to protecting construction subagreements, componerns or potential ccmPonents of iho national wild and scanlQ Fivers 5yetem- 14- WII1 comply with Flood insurance purchase faqulrements of Sertirn 11)2(a)of the Flood Disastmr Protecffon Act of 1973 17- Will assist tha awarding agency In assuring owplianog (P.L_ 93-234) which mqulres reoipierts in a spevial Soad with Sadion 106 of the Nalional Historic Pmsmveiibn hazard crud to pith ft;ilmte iii Li iv vikiwE,11 w1J to Hula)-Y-8 Act of 196G,ae amended(16 U.S-C. 5A70�, E4 11503 hood Insurance iF the total Drat of irssurabla construction (ldentlFlcEOun and proteckm of historic propsrlles} and and acq uisbm Is$10,000 or morr}. the Archaeological and HlvmrJc PresmAtlon Act of 1974(16 U-S.C-§ 169a-1 at seq.). 5, Von comply with environmental standards whldl mwy be presalbed pursuant to the fpilrming= (a) institution of 113- Will cause to be performed the required fnencial end arwlronmental quality control measures under the compliance audits in avmrdanca with trie Sfrgle Audit Act Amendments of 1 Boo and OMS Circular No.A-133, 'Audile of states, Lopl Governments, and felon-Profit Organizatiurrs.' 19, Will comply with all apylicwtals requirements o1 all other Federal laws,executive orders,regulations,arld polldes governing thin program. SIGNATURE Ott AUTAefEED CERTIFYING OFFICL4L TITLE �- -- Mayor APPLICANT ORGANIZATQN DATE 5u9Mf1-TED City of Merwlan 7/24/19 SF-424d(Rau MT)gacfc City of Meridian P a g e 188 Page 518 Item#22. CDBG-CV Funding OMB Numb6r:4M-0004 Expifalion Date:12181 i2022 AppllCBtion for Federal Aasl$tance Sr-4Z4 f.Type of Submieelon: "Z.Type of Fpplicamn: 'IF R"Islon.-salad*ggroprlalo luftgsI: Pveapplicalion New N Appllcall4n Conlinuation 'Oltaer lSpacify}: ❑CharigedfCurected Application Revision 'S.Date Received: 4.Applicant IdentlNer; raa.Federal Entily tdenlirren 5b.Federal Award Idenlifoer. B-19-MC-15-a90E Slate Use Only: 8.date Received by Slats:F== T.SWWAppiratbDn lderdPlar: S.APPLICANT INFOR MATION: 'g.Legal Nampo: city at meridian 'b-Employerfiexpsyer Identification Number(EIHMN1: "C.Organmonal DUNS: 82-644022 5 429 d 513 67t}Od}Q d.Addreea: "5lmail, 3] S, AmAdWAY Ave. Sbeet2: - -- - "Clry: eridian CoimtylP9r®h: Slate; In; Idaho ProvinCe: 'Caunlry: USA, UNIT&G STATES "Zip I Postal Code: 33546-251S a.Organixatlpnal UnKt Deparrrnent Nerve: Diftlon N9rne: Community Development 800nomio Development f_Name and eorrit Infonmition of person to be tenl*ctrd on matters iAvelving Chia application_ Prerv: Mrs. 'Fiv Name, Crystal Wddle Nance: 'Last 14aMa: Campiy�l l Suffix: Tile: Community Development Program Coordinator Orgeni!aiional AffiilaWn' City of Meridian *Telephone Number: 120&1 489_4575 Fax Number. 'Email: c--,Pbl l4meridiancity.org City of Meridian P a g e 89 Page 519 Item#22. Application for Federal Assistance SF-424 •9.Typo of AppticaM 1,Select Applicant Typo: . City or Township Qovetnaont rYpa rit Applicant 2:Select Ap*wFit Type' Type of Applicant 3:Seleet Appfimnt Type: '04har(soaeiry): 'I G.Nam&of Federal Agency_ ited Statea DOparGmant of Housing and Vrban Developeant 11.0MI10g Of Federal OGmmlic Ase istance Number: CFaA Titto: '12.Funding Opportunity Number. 14.2Te .TmW ocWunaty Development Block Grant a}Ent itlement Grant 13_Competition IderttMitatlon Nutnb►r, TrIF 14_Areas Affected by Prof&ct(Cilfae,Countres,Staiea,a#c.}: Add Altachmeni delete Arrachmenl View Attachment *16.descriptive Tltle of Apprlcaors Project: Invest funds LD createlsustain suitable living ertrirunOMCS, expand affordable houaing opportunities, eliminate sLum and blight, and administer Me'ridian's Coax Entitlement program_ Attach supparIing documanis as specified In aysnul instruclic m9. Add Aftudin enbs Delete Attachmenis Vlgw Altaehrnenls City of Meridian P a g e 90 Page 520 Item#22. Application for Federal Assistance SF-424 10.Congrosslonal DrStricts Of: "a.Applicant I-i t: 'b.Programfih ig i-ID h1W-h an sddilional list of Progra"Projecl Cangre98ional Dlsmcts if needed. ,odd Attachment fleleke Attachment View Mul-imont 17.Proposed Project: 'a.Start Date: 64{OY}20?0 `b_rand DaW 09}30f20aa t f!.Estimated Fundbmg[S]= a.Fedeml s99,106,40 h.Apickant 0.001 -c.Stale o_00 'd.Local o_ac s.Other p_pp r P"rarnmeome 0.00 'g.TOTAL 288,106.04 •19.Is Appkatfon subject to ReWwAr By State under Exeeuuve Order 12372 Process? ❑a.This appllcallen was made available to the State under the Exeoulive Order 12372 Process for revlew on . ❑b.Program Is subject to P.O.12372 bul has nook been gelecled by llte Stale far review, c.Program is not covered by E,0.12372. 20.Is the Applicant Delinquent On Aryr Federal Debt? iIf"Y","vrovlde expltlnation in adachmmnt.) Yes PA No If'Yes',prgriide explanation and attach Add Ailarfimprrt 17e1eLs f4USC#11rC611t 1 Vi9V1 Att2tf41riAn! 21_'By adgning this s pplhcstlan,t certify R1)to 21114 14tatmmerdm contained In the list of cerif otlorl#"and{2j that the statements hamin irb true,template and accurate to the best of my Mnowtedge. I aIs*prow ide the requ irad amaurancea"end agree tq corn ply wkth Any reSultin fr terms if I accept an award.1 ern aware Ihmt any false,llcfllipus,or fraudtrlertt statements or claims may subject me to criminal,c lulu ar adm Inistrativo panalliss,1U.5.Code,Tille 218,Section 1001 y Z-I AGREE "The Hat of oertrica44ns and assurances,or an internet sire where VW mey obtain this IFst is opnteined in Inn annourKwem or avrI4 %edfc inatfuolians. AutWxed Reprooentativo; Prefer: tar. 'First Name: eobert #diddle Name: 'Lasi Name: simison Suffix: 'Tile: Mayor 'TetephoneNunwer: [299}ggg-4a3a FoxNLmber: ;EflMA raimisonameridianaity_org 'Signature aFAulhonzed Represenratwe: ,rt `dale ftried' City of Meridian P G a 91 Page 521 Item#22. CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated}plan regnilations, the jurisdiction certifies that: Affirmatively Furthar F$ir Housing—The juris€lickion will affirmatively further fair housing. Uniform Retaea#ian Act and Anti-displacement and Relocation plan— It will comply with the acquisition and relocatign requirements of the Uniform Relocation Assisumce and Rcal Property Acquisition Policies Act of 1970,m amended,(42 J.S.C.46014655)and implementing regnlatioM at 4 CFR Park 24. It has in effect and is following a rc;5i&mtial anti-displacement and relocation assistance plats required under 24 CFR Part 42 in c,onn"tion with aBy awtivity assisted with funding under the Community Development Black Grant or HQNIF,programs. 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 in lluencing or attempting to influence an officer or employee of any agency,a Member of Congres..,an officer or employee of Congress,or an employee of a Mcrnbcr of Congms is 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 agrr rnrrrt; 2_ If any funds other than Federal appropriated hinds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, s Member of Congress}an officer or employee ofCongress,or an employee of Member of Congress in Conn tiori with this Federal contract,grant,loan,or cooperative agreement,it will complete and submiI Standard Form-LLL "Disclosure Forrn to Report Lobbying," in accordance with its instructions; and 3_ It will require that the language of paragraph I and 2 of this anti-lobbying cortification be iwluded in the award documonts For all subawards at all tiers(including subcontracts,subgrants, and contracts sander grams, loans, and cooperative agmements) and that all subrecipients shall certify and disc low accordingly. Authority of Jurisdictlon--Thc consolidated plan xs authorized under State and local taw(as applicable} and the jurisdiction possesses tho legal authority to carry out the programs for which it is seeping funding, in accordance with applicable HUD regulations_ (;insistency with plan --The housing activities to be undertaken with Community Development Block Grant,HOME, Emergency Solutions Ctm,t,and Housing Opportunities for Persons With AIDS fronds are consistent with the strategic plan in the jurisdicti!on's consolidated plan. Section 3 --It wil l comply with section 3 of the Housing and Urban Development Act of 1965 (12 U_S.C. 1701 u)and implementing regulations at 24 CFlR-Part 135, 'g lure of Alurr Official Da e Title City of Meridian P a g e 192 Page 522 Item#22. Specific Community Develop meat Block Grant Certifications The Entitlement Community certifies that: Citizen Participation—It is in full compliance and following a detailed citizen participation plan that satisfies the roquiminents of 24 CFR 9 1.1 05. Community Development Plan--Its consolidated plan identifies community development and housing needs and specifies both short-term and long-term commun ity development objectives that that have been developed in accordance with the prir ary ohicetive of the CDB€1 program(i.e.,the development of viable urban communities, by providing decent housing and expanding economic opportunities,primarily for persons of low and moderate incamc)and requirements of24 17F.Parts 91 and 570. Falloww-ing a Plan--It is following a current consolidated plan Ural has been appruved by HUD. Use of Fund-s--It has complied with the fallowing criteria; 1. Maximurrr .ea�5'ble.Priority. With respect to activities expected to be assisted with CO3G Funds,it hay developed its Action Plan so as to give maximum feasible priority to activities which benefit low-and modcmte-income families or aid in the prevention or elimination of shunts or blight_ Thu Action Plan may also include CDRG-assisted activities which the grantee certifies are designed to meet other community development needs having 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(see Optional CDBG Certification). 2. Overall Benefit. The gate use o C QBG funds, including Section 148 guaranteed loans, during program years) OR [a period specified by the grantee of one, two,or three specific consei;utive program yearn-1,shal l principally benefit persons of law and moderate income in a manner that ensures that at least 70 perccnt of the amount is expended for activities that benefit such persons during the dusignatui period_ 3. Specia I Assessments_ It wil I nut attempt to recover any capital costs of public improvements assisted with CDBG funds,including Section 108 loan guarant,Exd funds,by assessing any amount against properties owned and occupied by persons of low and moderate incorne, including any fee charged or assessment made as a condition afobtaining access to such public improvements. Huwever,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, In addition,in the case of properties awned and occupied by moderate-incorrtc(not Ivw-incUMC) 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 assesgnent_ Excessive Force-- It has adopted and is cnfowing: I. A policy prohibiting the use of excessive force bylaw enforcement agencies within its jaristlicticm against any individuals engaged in non-violent civil rights deriwnstrations; and 2. A policy of enf&eing applicable State and I oval laws against physically barring entrance to or exit from a facility or location which iY,the subj ect of such non-violent civil rights demonstrations within its jurisdiction. City of Meridian P a g e 93 Page 523 Item#22. Compliance with Anti-discrimination laws--The grant will be conducted and administered in conformity with title V I of the CiviI Rights Act of 1964(42 U.S.C.2000d)and the lair Housing Act(42 U .C. 3601-3619)and implementing regulations, Lead-Based Paint-- Its activities concerning lead-based paint will comply with the requirements of 24 CFR Pail 35, Subparts A, B,a,K and R_ C'ompliancc with Laws-- It will comply with applicable laws. S&Mkure of A ri ed Official lfate �Acw.o Y- Title City of Meridian P a g e 94 Page 524 Item#22. OPTIONAL Commanity Development Blork Grant C'ertificadon 5ubmi t the following certification only when one or snore of the activities in the acting plan are designed to meet other community developrmn#needs having particular urgency as specified in 24 CFR 570.208(c); The grantc hmby certifies that the Annual Pian includes one or more:�pOCi fu;ally identified CDBG- assistcd activities which are designed to meet other commmnity development needs having particular urgency because existing conditions pose a serious and inunediate threat to the health or weltare of the community and other finamial resources are not available to meet such needs. Si to of Au OFT Official Title City of Meridian P a g e 95 Page 525 Item#22. APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYINQ CERTIFICATION. Lobbying Certification This certification is a material rcprcsqntaticPn of fact upon which reliance was placed when this transaction was made or entered into. Subrnissim of this certification is a prerequisite for making or entering into this transaction imposed by suction 1352,title 31, U,S, Code. Any person who fails to file the required certification shall be subjort to a civil ponaity of not less than $10,000 and not more than S 100,000 for each such failure. City of Meridian P a g e 196 Page 526 Item#22. ASSURANCES-CONSTRUCTION PROGRAMS QMB Number,4040-NO9 Expiration Date,OV2812022 Public reporting burden for th is collection of information is estimaled to average 15 minutes per response,mcluding time for reviewing insiruelions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of Inforynnhun.Send oamnhents regarding the burden sstimale or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(034"042),Washington.DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program.If you have questions,please contact the Awarding"ricy.Further,Certalrt Federal assistance awarding agencies may require appticwtts to Certify to additional assurances.If such is the case,you will#e notified. As the duly authorized represenlative of the applicant.I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, 8. WR comply with the Intergovernmental Personnel Act and the institutional,managerial and financial capability of 1970(42 U_S.C.§§4728.4763)retating to prescribed (including funds sufficient to pay the nori Federal share standards of merit systems for programs funded of project costs)to ensure proper planning, under one of the 19 statutes or regulations epeclfied In management and completion of project descxlbed in Appendix A of OPWa Standards for a Me rd System of this application. Personnel Administration(5 O.F.R.900,Subpart F). 2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paifht Poison ing of the United States and,if appropriate,the Slate, Prevention Act(d2 U.S.C-W841 of seq.}which the right tD examine all records,hooks,papers,or prohibits the use of lead-based paint in construction or documents related to the assiaianne:arid will establish rehabilitation of reeidemh a stttic(are5. a proper accounting system in accordance with generally accepted recounting standards-or agency 10. Will comply with all Federal statutes relating to non- directives- disarifntrhation.These include but are not limited to;(a) Title Vl of Uhe Crvil.Rights Act of 1964(P_L 88-352) 3. Mil€not dispose of,modify the use of,or change the which prohibits discriminaWn on the basis of race, terms of the real property title or other interest m the Color or national Origin;(b)Title IX of the EduCalion We and facilities wdhout permission and instructions Amendments of 1072,as amended(20 U.S.C-§§1681 from the awarding agency.Wf11 record the Federal 1683,and 1885-1$t36),which prohibits discriminaflon awarding agency directives and will include a covenant on the basis of sex;(c)Section 504 of the in the litle of tea I properly acquired in whole or in part Rehabiti(atlon Act of 1973,as amended(29)U_S.C. with Federal assistance funds to assure non- §794).which proh€bits d iscrimimation on the basis of discrimination during the useful life of the project. handicaps;(d)the Age Ciscrimination Act of 1975,as 4. Ml€comply with the requirements pf the assistance amended(42 U.S.C.§§8 101-6107),which prohlbits awarding agency with regard to the drafting,review and dlsorirnination on the basis of age,(0)11`1e Drug Abuse approval of conslruolion plans and specifloations. Office and Tresiment Act of 1972(f3.L 92.265),as amended relating to nondiscrimira�tlon on the basis of 5. hilt provide and maintain Competent and adequate drug abuse;(1)the Comprehensive Alcohol Abuse and engineering supervision at the Consiructlon silo to Alcoholism Prevenllon,Treaiment and Rehabilitabon ensure that the complete work conforms wfth tfte Act of 1970(P.L 91-616),as amended,relat€ng to approved plans and specifications and wil I famish nondiscrimination Dn the basis of alcohol abuse or progressive feports and such other information as may be aleahatism;(9)§§523 and 527 of the Public Health required by the assistance awarding agency or State. Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 ee 3),as amended,relating to camfidentiafdy of alcohol 6 Will inKate and Complete the vrork within the applicable aim drug abuse patient records,{h)Title VI€1 of the time frame after receipt of approval of the awarding agency. Civil Rig his Act of 1968(42 U.S-C.%3601 et Seq.).as amended,relating to nondiscrimination In the sale, 7_ Will establishlrei safeguards to prohibit at ccrmtes frarrr rental or financing of fiousing;(i)any other using Their positions fora purpose that corgani tati or nondiscrimination provisions in the specific statue(s) conflicts the appearance of persona]or organizational under which application for Federal assistance is being conflict of Interest,or personal Gain. made;and 0)the mquirerrients of any other nondiscrimination stalue(s)which may apply to the application. Previous Edilion L15e4le Awhorized tar Lace)Reproduction Standard Form 424D(FWv_7-97) Prescribad by OMB Cliudar A-102 City of Meridian P a g e 197 Page 527 Item#22. 11. Will comply,Grhas already complied,with the Federal aclions to State(Clean Air)implementation ragviiremen(s of Tiller li and III of the Uniform Relooekon Plans under Section 176(c)of the Clean Air Act of Assistance and Raal Properly Acqulsl#Ion Policies Alt of 1955,as amended(42 U.S.C-07401 et seq.);(g) 1970(P.L.91.646)which provide for fair and equitable protection of underground sources of drl0ing water treatment of persons displaced Or whose property is under the Safe Drinking vVaterAct of 1974,as acquired as a result of Federal and federally-ass€sted amended(P.L.93-523);and,{h)protection of programs.These requirements apply to all interests in real endangered species under the Endangered Species property acquired for project purposes regardless of Act of 1973,as amended(P-L.93-205). Federal participation in purchases- t 6. Will comply with the Wild and Scenic Rivers Act of 12- Will campy wikh the provisions of the Watch Act(5 U,S.G 1968(16 U.S.C.§§1271 et m q-)related to protecting §§1501.1508 and 7324.7328)which limit the pol€tical components of potential components of the national acGwilies of employees whose principa I emp€oyment will and scenic rivers system. activities are funded in whole or in pad with Federal funds, 17. Will assist the awarding agency in assuring com plianca 13. 4wiil comply,as applicable,with the provisions of the❑avis- with Section 106 of ft National Hl kWIC Preservation Bacon Act(4i]U.S.C-§§276a to 276a-7),the Copeland Act 03 (40 U.S.C.§276c and 18 U.S.C.§874),and the Contract (Id of 1968,as amended(16 U.S.C.is pro EO s),an Sono Flours and Safely Standards Act(40 U.S.C.§§327- (he Archaeological and protection of historic properties),and the An;haeologlcai and Historic Preservation Act of 333)regarding labor standards for federally-assisted 1974(16 U.S.C.§Wga-1 at seq). consiruotion subagreemenis- 18- Will cause to be performed the required financial and 14. Will comply with flood insurance purchase requirements of compilar+ce audits in accordance with the Single Audit Section 102{a)of the Flood❑isaster ProtectionAct of 1073 Act Amendments of 1996 and Ofy16 Circular No.A-133, (P.L,93-234)which requires recipients in a special flood "Audits of States,Local Govemmenis,and Non-Profit hazard area to participate in the program 2rrd 10 purchase ladd Insurance if the total oast of insurable construclion Organizations.' oa and acquisition Is$10.000 ar more. 19_ M1411 comply with all applicable requirements of all other 15. III comply with environmental standards which may be Federal laws,executive orders,regulations,and ponces governing this program, prescribed pursuant to the following:(a)institution of emrlronmentaI quality Ocnti'd measures under the National 20- WilI comply with the requirements of Section 106(g)of Environmental Policy Act of 1969(P.L.91- the Trafficking Victims Protection Act(TVPA)of 2000,as 190)and Executive Order(EC)11514;(b)notifu abort amended(22 U.S-G.7104)which prohibits grant award cif violating fall(ties pursuant to EO 11739,{o) reclpients or a sub-recipient from{1)Engaging in severe protection of watlands pursuant to EO 11990;(d) forrn8 of tratfieking in persons during the period of lime evaluation of flood hazards to floodplains in accordance that the award is in effect(2)Procuring a commercial with EQ 11988,(e)assurance of project consistency sex act du6n g the period of time that the award Is in with the approved State management program effect or(3)Using looped labor in the pefforman0e of the developed under the Coastal Zone Management Act of award Or Subawards under the award. 1972(16 U.S.C.g1451 et seq.);(#)conformity of SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE r Mayor APPLICANT OR Ain --riON DATE SU!11€TTE City of Haridian SF-424❑{Rev.7-97)Back City of Meridian P a g e 98 Page 528 Item#22. � - V `i i Q H�' I NA F �4 Y CITY OF MERIDIAN PYI 9 ACTION PLAN A M E N D M E N T FEB 202111 PREPARED BY CRYSTAL CAMPBELL Page 529 Item#22. Contents Purpose...................................................................................................................................................3 CDBG-CV Progress...................................................................................................................................3 Useof Additional Funds...........................................................................................................................3 SubstantialAmendment..........................................................................................................................3 Summaryof Changes...........................................................................................................................4 Page3:.............................................................................................................................................4 Page23:...........................................................................................................................................5 Page24:...........................................................................................................................................8 Page26 and 27: ...............................................................................................................................9 Page33:......................................................................................................................................... 10 Page34-35:....................................................................................................................................10 Attachments:.................................................................................................................................10 NextSteps............................................................................................................................................. 10 PY19 Action Plan Second Amendment 2 1 P a g e Page 530 Item#22. City of Meridian Community Development Block Grant(CDBG) Purpose The CARES Act made available$5 billion in Community Development Block Grant Coronavirus (CDBG-CV) funds. Of this amount, HUD allocated $2 billion based on the fiscal year 2020 CDBG formula;this constituted the first round of CDBG-CV funds. Next, $1 billion was required by the Act to be allocated to States and insular areas and this constituted the second round of CDBG-CV funds. The remaining$2 billion in CDBG-CV funds was allocated to states and local governments at the discretion of the Secretary of HUD on a rolling basis;this constituted the third round of CDBG-CV funds. The first round of CDBG-CV funding for$288,106 was approved by Council in the PY19 Action Plan Amendment on April 28, 2020. All funds were directed to public services with a priority on projects for services related to homelessness prevention and stabilization,food security, behavioral health (mental health and substance use disorders), and domestic/intimate partner violence and sexual assault. HUD allocated an additional $254,197 under the third round to the City of Meridian for a total of $542,303 in funds to prepare, prevent, and respond to COVID-19. This amendment will accept the additional funds. CDBG-CV Progress All CDBG-CV funds must be 80%spent by June 4, 2023 and 100%spent by June 4, 2026. As of January 31, 2021 the City has reimbursed $27,274,which is roughly 9%of the first allocation. The City is currently using CDBG-CV funds for the following projects: • Jesse Tree of Idaho—Emergency Rental Assistance • NeighborWorks Boise—Mortgage Assistance • Terry Reilly—Allumbaugh House Use of Additional Funds Staff will use admin funds to reach out to the community and determine the gaps in service that still exist for those affected by COVID-19. Staff will utilize this information to identify targeted service providers to address those needs. Substantial Amendment The 2017-2021 Consolidated Plan requires a substantial amendment if there is a change in the allocation plan that redirects more than 20 percent of annual funding to a different activity or if funds will be allocated to a project that was not previously approved. Due to the amount of funding allocated to the City during the third round and the fact that we did not request any funds to be used for admin,this project will require a substantial amendment. This process is similar to the approval of an Action Plan and includes a public comment period, public hearing, approval by Council, and adoption of a resolution. PY19 Action Plan Second Amendment 3 1 Page 531 Item#22. City of Meridian Community Development Block Grant(CDBG) Summary of Changes Below is a summary of the changes to the PY19 Action Plan. To see the full PY19 Action Plan with markups, please see link on CDBG Website (link will expire once the public comment period closes, but will be available upon request). Page 3: 4. Summary of Citizen Participation Process and consultation process The second amendment was available for public comment from February 26, 2021 to March 23, 2021 with a public hearing being held on March 23, 2021. The City's Citizen Participation Plan requires a minimum five (5) day public comment period when there is a HUD waiver in place as there is now due to COVID-19. The City has exceeded the five (5) day requirement by providing 25 days for the public comment period. The City published legal notices in two local newspapers (Idaho Statesman and Meridian Press Tribune) and posted the draft Action Plan on the City's website on February 25, 2021. Presentations of the draft Action Plan and included projects were provided to the public and City Council on March 16, 2021 and March 23, 2021. PY19 Action Plan Second Amendment 4 Page 532 Item#22. City of Meridian Community Development Block Grant(CDBG) S. Summary of public comments Date Method of Contributor Comment City Response Submission 3/9/21 Email Georgia Looks like a well thought out plan! The City expressed appreciation Konkoly for the support. 3/9/21 Email John 1—Money that wasn't solicited by Meridian will either be wasted on pet projects or 1—Thank you for your Anderson squandered in other ways.We have had it with insane COVID "cookies"from the feedback, I include your federal government. Send the money back. End all mention of COVID. Public health comments in the final plan and is complicit in this virus crushing businesses,jobs and community wellness.Take make sure Council is aware of them off of your website,end this charade.Tell public school teachers to get back to your views. work and fully open schools or lose their jobs. We are sick of all of this. Federal money, incompetent bureaucrats and weak politicians have cost we citizens far These funds are currently being more that this virus has and the numbers don't lie. used to provide rent and mortgage assistance. This 2—Thank you for your reply and explanation. I read your documents and I fully amendment is to add additional understand how you intend to use the money we received from the Federal funding so we can continue to government. However,to be clear, my comments were less about helping this or assist our residents with that constituency who suffers from this or that problem. My comments are directed services like this. If you would at whose responsibility it is to help these people. Is it the government,or is it we, like additional information the people and our private entities? please let me know. Our disconnect today,which has been put on auto-drive and warp speed by this 2—Thank you Mr.Anderson for manufactured COVID crisis is accelerating our dependence on government programs sharing your perspective. or funds for virtually everything. A crisis will come and it will go, but a government program remains, primarily because politicians cannot step away from feeding at the federal trough. This current crisis is just that. This all creates a culture of dependency for our people and for our state and local governments. Uncle Sam is like a loan shark. They are ready with free cash to the states, but at a very high cost, not the least of which is our dependency on their money. Once addicted, Idaho and Meridian, by example, become addicts who cannot live without that money. Politicians like that money because it makes their job easier. They don't have to make tough decisions about what we,as a state or municipality can afford. They are not problem-solvers. They just ask"Big Daddy" for more. PY19 Action Plan Second Amendment 5 Page 533 Item#22. City of Meridian Community Development Block Grant(CDBG) The real cost of this is two-fold,and I use COVID as my case study. 1. Loss of our state, 10th Amendment sovereignty COVID was used as an excuse to shut the country down. Our governors went along with it. That triggered a massive spending of our grandchildren's money to prop up businesses we closed unnecessarily. That also elevated bureaucrats,incompetent ones at that,to chase everyone into their homes and create a sense of fear that had no relation to reality. Once again,our governors went along with it. The end result was that governors,who cannot make law,created law from whole cloth and once again,local government enforced laws that were totally unconstitutional and trampled on our state sovereignty and the civil rights of our citizens. Instead of us pushing back, refusing all the cookies the federal government offered up,we gorged on it. That dependency has now complicated the legislature's ability to limit Governor Little's illegal power to play God with all of us. What is their obstacle? Federal money we might lose if they do that. Where is the moral courage to do what best serves our state sovereignty and our citizens. It doesn't exist in our politicians,who view everything through a re-election lens. There is no other calculus, in my view, having worked with our legislators before. 2. Loss of our God-given rights to make our own decisions and to be left alone by our government. The state is no longer the ally of the U.S. or Idaho Constitution. They are the "wholly-owned subsidiary of a bloated, all powerful and centrally planned federal government." Our citizens are increasingly dependent on free money to solve problems that need to be solved by us, by churches, by non-profits and state and local governments, as is the dictate of our Constitution. If we don't take some step to regain Idaho's ability to say"NO"to the federal government,even if they withhold funds from us,we are no longer sovereign,nor are we free. I'm not confident that anyone will actually consider, in a thoughtful way,what I've said here, but alas, I have tried to show where our concern comes from. I am an American, born free and who sincerely desires to stay free. My political ideology is simple. I am of the party who believes our Founders had it right,and who is convinced that the further we stray from their design,the less free,safe and prosperous we will become. PY19 Action Plan Second Amendment 6 Page 534 Item#22. City of Meridian Community Development Block Grant(CDBG) Two common sayings we should eliminate from our vocabulary. One,"There ought to be a law against that". Two,"The government needs to do more". Self-reliance and industry are qualities we should promote, not deter. 3/16/21 Public Councilwoman 1—Have there been any changes to what the funds can be spent on? 1—There have been no Hearing Perreault changes. 2—It was a challenge identifying subrecipients previously. Will we have the applicants to use these funds? 2—We will be using admin funds for additional outreach to 3—Are we able to use admin funds for outreach efforts? identify current gaps and will contact those service providers directly. These funds will also be available over the next several years to deal with the fallout of COVID-19. 3—Outreach is an eligible activity and is the main reason for including admin in the amendment. PY19 Action Plan Second Amendment 7 Page 535 Item#22. City of Meridian Community Development Block Grant(CDBG) Page 23: Introduction Meridian will receive an additional $254,197 under the third round of CDBG funding under the CARES Act for a total of$542,303. All CDBG-CV funds will be used for public services and to administer the additional funding. Page 24: Anticipated Resources Program Source Uses of Funds Expected Amount Available Year 1 Expected Narrative of Annual Program Prior Year Total: Amount Description Funds Allocation: Income: Resources: $ Available $ $ $ Remainder of ConPlan CDBG- Public Other:To CDBG-CV CV — prevent, funds to be federal prepare for used to and respond prevent, to the prepare for Coronavirus and respond to the 542,303 0 0 542,303 0 Coronavirus. PY19 Action Plan Second Amendment 8 Page 536 Item#22. City of Meridian Community Development Block Grant(CDBG) Page 26 and 27: Goals Summary Information Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Indicator Order Year Year Area 3 Administration and 2017 2021 Admin CDBG: Other: 0 Other Fair Housing $45,000 Activities CDBG-CV: $20,000 4 Provide Social 2017 2021 Non-Homeless Improvements in CDBG: Public service activities other than Services Special Needs Economic Stability $53,500 Low/Moderate Income Housing Low income Homeownership Benefit: 733 Persons Assisted services Opportunities: 80-120 Other— Homelessness Prevention:414 Percent of AMI CDBG-CV: Persons Assisted Rental Assistance and $522,303 Affordable Rental Units Improved Housing Options and Supportive Services Rental Assistance Programs and Rental Units Service Programs- Low Income and Special Needs PY19 Action Plan Second Amendment 9 Page 537 Item#22. Page 33: 7 Project Name Administration Target Area N/A Goals Supported Administration Needs Addressed N/A Funding CDBG: $35,000 CDBG-CV: $20,000 Page 34-35: 9 Project Name CV-Public Services Target Area N/A Goals Provide Social Services Supported Needs Improvements in Economic Stability Addressed Improved Housing Options and Supportive Services Service Programs- Low Income and Special Needs Funding CDBG-CV: $522,303 Description CDBG public service projects for activities to prevent, prepare for, and respond to Coronavirus. Target Date 9/30/2023 Attachments: The attachments will be updated to provide public participation information, updated SF-424 (application for funding), and resolution. Next Steps The Action Plan is open for public comment from February 26, 2021 to March 23, 2021. There will be presentations of the Action Plan during the Council workshop on March 16, 2021 and at the regular Council meeting on March 23, 2021. At the end of the presentation on March 23, 2021 there will be a public hearing. The finalized plan will be submitted to Council for approval and adoption of the resolution on April 6, 2021. The plan will then be submitted to HUD by April 9, 2021. Page 538 Item#23. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Cornerstone Dental (H-2021-0009) by 12.15 Design, Located at 3250 N. Leslie Way A. Request: Development Agreement Modification to amend the first addendum of the Champion Park Addition Development Agreement (Inst. #106048480) to remove the provision requiring all future uses to obtain a Conditional Use Permit. Page 539 Item#23. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: March 23, 2021 Topic: Public Hearing for Cornerstone Dental (H-2021-0009) by 12.15 Design, Located at 3250 N. Leslie Way A. Request: Development Agreement Modification to amend the first addendum of the Champion Park Addition Development Agreement (Inst. #106048480) to remove the provision requiring all future uses to obtain a Conditional Use Permit Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 540 PUBLIC HEARING SIGN IN SHEET DATE : March 23 , 2021 ITEM # ON AGENDA : 23 PROJECT NAME : Cornerstone Dental ( W2021 - 0009 ) PRINTED FULL NAME For Against Neutral Want to Testify YES OR NO 1 2 3 4 5 I 6 I I 8 9 10 11 12 13 14 15 Item#23. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 3/23/2021 Legend T R-15 ql DATE: I�l U Project Location C-00 I G-1 TO: Mayor&City Council a R-4 E NAKANO DR,- � 3 FROAM: Joseph Dodson,Associate Planner Z E VAN 4 o 208-884-5533 OKERST R-8 M oX Z SUBJECT: H-2021-0009 4F U C- ZG Cornerstone Dental MDA -USTICI(RD R-2Z LOCATION: The site is located at 3250 N. Leslie R-15 R1 R-15 R1 Way, in the SW '/4 of the SE '/4 of R_8 i Z W Section 32, Township 4N., Range IE. \ R_8 < a M Z z R-15 R-2 W 3 RUT R-2 z Z _R- R1 R1 R1 R-2 I. PROJECT DESCRIPTION Development Agreement Modification to amend the first addendum of the Champion Park Addition Development Agreement(Inst. #106048480)to remove the provision requiring all future uses to obtain a Conditional Use Permit,by 12.15 Design. II. SUMMARY OF REPORT A. Applicant: Jessica Petty, 12.15 Design—6584 E.Playwright Drive, Boise, ID 83716 B. Owner: Dr.Matthew Tuft, Copperstone Dental—3200 N. Leslie Way, Ste. 100,Meridian,ID 83646 C. Representative: Same as Applicant III. STAFF ANALYSIS The Applicant proposes to amend the first addendum of the Champion Park Addition Development Agreement (Inst. #106048480) to remove an existing provision of the original agreement (Inst. #103085229) attached to the addendum as Exhibit B. The existing provision of the original Development Agreement(DA)is still valid because it is attached to the amended one as an exhibit.The existing provision requires that all future commercial uses obtain a Conditional Use Permit(CUP). The subject site is the last remaining undeveloped commercial property within the Champion Park Subdivision. The property is zoned C-N (Neighborhood Business District) and the proposed use is a new two tenant commercial building with the main user being a dentist office. The proposed use of a Page 1 Page 541 Item#23. dental office is a principally permitted use under current development code within the C-N zoning district.Because this is the last remaining undeveloped lot,the Applicant is choosing to amend the DA and remove the provision instead of obtaining a CUP as it will no longer be a necessary provision with the entire development being developed following construction of the new building. The existing DA provision specifically points out limiting hours of operation as the reasoning for requiring a CUP.Current development code limits the hours of operation within the C-N zoning district to the hours of 6:OOAM to 10:00PM. Staff fords the already limited hours of operation of the zone in conjunction with the location of the site to be sufficient for future development and provide adequate evidence to remove the existing provision. Therefore, staff recommends the development agreement modification with the recommended change in Exhibit A below. The applicant has submitted a site plan that is from their Certificate of Zoning Compliance application that is ready to be approved by Staff should Council approve this modification to the DA. The site plan is site specific so it should not be part of the DA that encompasses the overall and much larger development. The site plan depicts adequate parking, drive aisles widths, and landscaping to be approved. The elevations show a standard office building seen here in Meridian with earth tone colors, a pitched roof with dormers, stucco walls, and stone accents. In addition to the request for the DA Modification, the Applicant is requesting a Council Waiver to reduce the required landscape buffer along the eastern property line from 20 feet to 15 feet to match the existing buffer along the east boundary and adjacent to the existing office building to the south.The property to the east of the site is a multi-family development and there are approximately two structures directly abutting the subject site. The reason for the waiver request is to accommodate a wide enough drive aisle that allows two-way traffic and can meet the required fire access radii.Furthermore,there is only a portion of the required buffer that is actually adjacent to the noted drive aisle that truly requires the reduced buffer. The Applicant is showing more than the required buffer width of landscaping beyond this area. For these reasons, Staff supports their request and does not see the change in buffer width as becoming detrimental to the adjacent development to the east. IV. DECISION A. Staff: Staff recommends approval of the modification to the DA(Inst. #106048480) as recommended by Staff s analysis above and with the specific change below. V. EXHIBITS A. Development Agreement Provision#6.A.2 from the original DA(Inst. #103085229)attached to the amended DA(Inst. #106048480) as"Exhibit B": Existing: "All future commercial uses shall obtain detailed conditional use permits prior to development. The conditional use permits will place limits on the hours of operation of the commercial uses. Owner shall be allowed continued use of the land for agricultural and livestock purposes(not to exceed 150 head of cattle)until 12/21/05 or final plat approval of all phases." Staffs Recommended Change: Strike the condition-" prior-to development. The eenditional use pemiits will plaee limits on t4e hours of operation of the eewAner-eial uses. &A%er-shall be allowed eefAifmed use of the 4ad for-agr-ieuhur-al a-a Page 2 Page 542 Item#23. B. Existing DA Provisions from original DA noted as Exhibit B in addendum: ANE MN AND ZANUI,G CONDTIONS�OFAPPROVAL 1. Ru move mywdstlnS domemc wells andlot seapdc systems w jth n thin prgect from their durnestie swvico,per City Ordinsacc Suction 5-7-5 17. when scnriccs are available from the City ofMaidian. dells may 1m usod fog xwn-dc=cstic�ptrrpaaos such as landscape n-r Wes, The Nvis home (2740 Uspck) shall carmcct to City services whmthephiatotihcprWscdsubdiviaion that includes the house im submitted for Emil plai- 2. All&tam comm=ia] usrs shall obtain dctailed wadida"imps mits prior DEVELOPMENT AGREEMElw-r(A -b2-u33) PACT L 4 of 23 to dcYclOpffMt. T he c ondiliona.l use p ermits w ill p lacc I im i ibi o n t he h ours o f OFeM�ai of the cormnercial uses. Oww„er stall be allowed continued use ofthc turd for agicWlural aEd livestock purposcs ('riot to exccod 150 head of cattle} wain 12/21X5 or final plat approval of all phaKs Page 3 Page 543 Item#23. C. CZC Site Plan(reference only): II 's m 10 I M.1.0.1�0-1 I L . . . ... . . . . . --------------------- - - I---t --- ----------- ---- Page 4 SITE PLAN CALCULATIONS: - w PARKING STALLS(1:500SQFT)=6,020/500 12 STALLS REQUIRED I i— 23 PROVIDED& 1 ADA m I - — AI o Lu a- Lu O O BICYCLE STALLS: (1:25 PARKING STALLS) 1 BICYCLE RACK REQUIRED I BEN �' — O O O 1 PROVIDED 121 — I ►S*. — I TRASH BUILDING SIZE: 6,020 SQFT -! J II LOT SIZE: .79 ACRES I GRASS ° SET BACKS: NONE I co EXISTING LANDSCAPING BIKE RACK a EXISTING SHARED TRASH EXISTING TREE V.t EASEMENTS: SEE PLAN d . o Alu co 50'-0" 2" SCH. 40 GALVANIZED ! o a� / FIRE TRUCK STEEL PIPE (2 3/8' O.D.) I / TURNING RADIUS 4 ° � LEASE SPACE 2020 SQ FT I- EXISTING M �,I - FENCE N PARKING: - 1:500-4 STALLS w / a ° 50'-0„ T-0" 25'-6" 19'-01, 1T-0" 25'-0" CD III III III I I—III—� III—III—III—III=1 III=1 I- I - - I ARCHITECT STAMP =I g III=M O 4" CONC. PAVING I 4° I II d ° III M RE: SITE PLAN I GRASS IIIIII III III III I I ! - °° ° I II ° BIKE RACK DETAIL EXISTING TREE I. ! a 4 STALLS+2 ADA z 4 _ °° ; ,_; STALLS 3/411 = 1'-0" �! 1 CD w N � 8 STALLS 8 STALLS II A3 CURB RAMP RE: CIVIL DRAWINGS DENTAL OFFICE I- ! �d 0 I 4,000 SQ FT v a - PARKING: W CURBING RE: CIVIL DRAWINGS I 20'-0" I 1:500=8 STALLS Q.4 -6- I \ LANDSCAPE BUFFER O d 04 1 \ � 4"STRIPING I \ 60"X 60"ACCESSIBLE I z \ \ SYMBOL d' _ Z o \ z Q z P_ ° " I Q o 9'-0" 5'-0"STD I co "; 8'-0"VAN I w \ EDGE OF EXISTING PAVING I w 0 ACCESSIBLE PARKING N z w 2 1/8" = 1'-0" > w I I GRASS °Q��•; I J 16 GA.GALV.STEEL SIGN PAINTED WITH BLUE REFECTORIES PAINT EXISTING TREE i Zo o INCLUDING FASTENERS a� - � ❑ e GRASS Q - - INTERNATIONAL SYMBOL Q ACCESSIBLE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O PARKING ACCESSIBILITY AND GRAPHICS - EXISTING LANDSCAPING U o ONLY PAINTED W/WHITE REFLECTORIZED I O PAINT-GRAPHICS AS FOLLOWS J _ VAN - - - - - - - ACCESSIBLE — — — — — — — — — — — — — — — � � �° — — — — � � � � � � � � — — — C 1/ 0 RESERVED FOR ACCESSBILE _ r_ ° ° XITINGSIDEWAhK a Q PARKING Z ° CGHT. d ° bD VAN ACCESSIBLE s 65 3` o Lu Q_ 1 -b a° dd - - _ _ 9 O ° U 2"DIA.STD.WT. 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I Lu- nrEt a �O O GLEDITSIA 'SKYLINE' HONEYLOCUST 3"CAL 35' 45' AS SHPOWIN ON 7 i TII� I� l}If� o= I TRASH I O O 1 O I J� � I ACER 'AUTUMN BLAZE' AUTUMN BLAZE 9 GAL, CASS 1 30' 55' AS SHOWN ON 1 - _ GRASS I I PLAN co EXISTING LANDSCAPING - - BIKE RACK � I � EXISTING TREE PINUS 'SLOWMOUND' SLOWMOUND MUGO #2 2' 3' AS SHOWN ON b d O d PINE PLAN I A 50'-0"0 ° ` N EUONYMUS ALATA BURNING BUSH #2 15' 15' AS SHOWN ON 17 ! PLAN o / FIRE TRUCK ° TURNING RADIUS LAVENDER DAYLILY AS SHOWN ON b MOONBEAM #2 18" 18" PLAN °Ie - / I ®I I I LEASE SPACE I 2020 SQ FT 0 n PLANTING I I EXISTING �� - � �� I I FENCE c., PARKING: � / / 1 40-0 ! 1:500=4 STALLS e 4 Z`" LuLo o., I 50'-0" T-0" 25'-6" 1 19'-0" 17'-0" 25'-0" I ^ i CD I I I - au°. 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SEE DETAIL THIS SHEET TREE STAKING. _ a ° w c 2. 2"MINIMUM OF REGULAR GRIND SOIL AID TO BE PLACED ON SHRUB PLANTING AREAS. `Q °= WA�-� G�jlfi7E (n 3. PROVIDE AND INSTALL 3 2 x 2 STAKES EVENLY SPACED AT EACH TREE. TIE ALL STAKES WITH ' " a^ 1- T - 0 - d E 1 - - COTTON WEBBING OR OTHER APPROVED METHOD. Z � � a 65 O J a 4. PROVIDE AND INSTALL BACKFILL MIX FOR ALL PLANTS. USE 1/2 APPROVED PLANTING MIX AND - �j 1/2 EXISTING SOIL REMOVED FROM PLANTING PITS. DIG ALL PLANT PITS TWICE THE SIZE OF ROOT d e d BALL. 0 5. EXISTING SOIL REMOVED FROM PLANTING PITS. DIG ALL PLANT PITS TWICE THE SIZE OF - O ROOT BALL. N Z 6. FINISH GRADE TOP SOIL TO A UNIFORM AND SMOOTH SURFACE. REMOVE ALL ROCKS AND VERIFY SCALES THIS BAR IS 1 INCH FOREIGN MATERIAL 1"AND LARGER PRIOR TO LAYING SODcn ON ORIGINAL DRAWING a) 0 0 1" 7. PROVIDE AND INSTALL ONE APPLICATION OF APPROVED PLANTING TABLETS FOR ALL PLANTS. PROVIDE AND INSTALL ONE INITIAL APPLICATION OF STARTER FERTILIZER FOR SOD AREAS. ALL IF NOT 1 INCH ON FERTILIZERS TO BE APPROVED BY THE OWNER PRIOR TO APPLICATION AND APPLIED AT THIS SHEET,ADJUST ^� MANUFACTURERS RECOMMENDED RATE. EXISTING SCALES MANHOLE ACCORDINGLY ` V X N 0 8. ALL PLANTS AND LAWN SHALL BE GUARANTEED FOR ONE COMPLETE GROWING SEASON AFTER a COMPLETION OF CONTRACT AND FINAL ACCEPTANCE. CHECKED 9 a DATE 9. NEW LANDSCAPE AREAS TO BE PROVIDED WITH FULLY AUTOMATIC SPRINKLER Lj SYSTEMS. DRAWN JESSICA ( i JOB NO. 001 Q n TREE PLANTING SHEET CD� U 1/4" = 1l-011 NUMBER 3 LANDSCAPE PLAN A1 . 2 N 3/32 — 1 0 ©2020 COPYRIGHT McCARTER-MOORHOUSE& 12.15 DESIGN, L.L.C. 0 N THESE PLANS MAY NOT BE USED BY ANY OTHER ENTITY THAN McCARTER-MOORHOUSE& 12.15 DESIGN,LLC.WITHOUT PRIOR WRITTEN CONSENT. c•� 77 Lu BEN j GRASS M - EXISTING LANDSCAPING �` BIKE RACK m a 9 _ I EXISTING SHARED TRASH JL � now ■ } a IF og _ AC vao IV. 50' Cn� a FIRE TRUCK I �'■ Alk m TURNING RADIUS ■ I O ♦� �■ 00 MAN! 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ALL ROOF COVERINGS SHALL CONFORM TO THE IRC,AND SHALL BE ^ INSTALLED PER MANUFACTURER + SPECIFICATIONS. 2. FLASHING SHALL BE PROVIDED AT ALL EXTERIOR OPENINGS, DECKS. CHIMNEYS,AND ALL ROOF PENETRATIONS PER CODE. 3. PROVIDE ATTIC VENTILATION IN ACCORDANCE WITH IRC SECTION 806.2 SPECIFICATIONS. SHINGLES: BLACK SHINGLES: BLACK 4. 50%OF REQUIRED VENTILATION TO BE PROVIDED T-0"ABOVE THE EAVES. THE REMAINDER OF VENTILATION IS TO BE PROVIDED BY SOFFIT VENTS IN THE EAVES. 5. PROVIDE ATTIC VENTS ON REAR FACE OF ROOF WHEN POSSIBLE. STUCCO: GRAY AREA SW7052 STUCCO: GRAY AREA SW7052 ROOF PLATS N - - - - - - - STONE: MONTANA - _ _ -' -__ - - , - _ _ _ -_ - , - _ - STONE: MONTANA LEDGE-COASTAL ;• - LEDGE-COASTAL BROWN BROWN �7 Lo - - - - hl - - - - - - - - - - - - - - - - - - - - - - - vCDJ IE - - - - _ _ - _ - - - - - - %uKFm. - - _ - - - - - - - - - - - - - - - - - - - - N MAIN FLO R III 0' - 0" 01 IWd t IORS 8 IN� i ARCHITECT STAMP n SOUTH 3/16" = 1'-0" ROOF PLATE t 10 - 1 1/8 ui zz - - - - - - - - - - - - - - - - - - Luui 0' - 0" O -- Lu - r n J -III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III � J n NORTH z o 3/16" = 1'-0" 0 0 M ui L a) Lu Q O I— o J a Lu N VERIFY SCALES C THIS BAR IS 1 INCH Lo IF T 1 INCH O O THIS SHEET,ADJUST Y i - SCALES ACCORDINGLY a o DATE DRAWN JESSICA ( i rs ki U JOB NO. 001 Q n EAST n WEST SHEET co U 3/16" = 1'-0" 3/16" = 1'-0" NUMBER M All CD ©2020 COPYRIGHT McCARTER-MOORHOUSE& 12.15 DESIGN, L.L.C. N THESE PLANS MAY NOT BE USED BY ANY OTHER ENTITY THAN McCARTER-MOORHOUSE& 12.15 DESIGN,LLC.WITHOUT PRIOR WRITTEN CONSENT. c'� SHINGLES: BLACK SHINGLES: BLACK STUCCO: GRAY AREA SW7052 STUCCO: GRAY AREA SW7052 _ ROOF PLATE _- 10' - 1 1/8" STONE: MONTANA , STONE: MONTANA LEDGE-COASTAL -_ —- ' LEDGE COASTAL BROWN =, BROWN Li CIO MAIN FLO R 0' - 0" DOORS&WINDOWS: BLACK DOORS&WINDOWS: BLACK ARCHITECT STAMP n MATERIALS 3/16" = 1'-0" r _ Q o z r - Q Lu o w cn c i CD Lu Ll z 7-7 Lu 0 y _ L U `� O W U 06 o �3D ELEVATION ELEVATION J Q c o W In a) 0_ 0_ 0 U N VERIFY SCALES C THIS BAR IS 1 INCH cn ON ORIGINAL DRAWING a) o 1 N IF NOT 1 INCH ON THIS SHEET,ADJUST SCALES 0 ACCORDINGLY C) - 1 0 (V a 2 CHECKED 9 DATE U DRAWN JESSICA ( i JOB NO. 001 C) Q SHEET NUMBER A3 . 2 CD ©2020 COPYRIGHT McCARTER-MOORHOUSE& 12.15 DESIGN, L.L.C. N THESE PLANS MAY NOT BE USED BY ANY OTHER ENTITY THAN McCARTER-MOORHOUSE& 12.15 DESIGN,LLC.WITHOUT PRIOR WRITTEN CONSENT. c'� 124'-0" N 0 ARCHITECT STAMP I 6"/12" Lo 6 /12 Lu O I 04 io W Zw OQ V) W � II II J a W J I Z o ui CD a) 0 li I o OU 0 U 6"/ 12" Z a) 6„/12 J o a 0 c LL I r� p Q I I I I I I I I I ~ I I I I I 6"/ 12" N VERIFY SCALES CAN LIGHTS IN EAVES THIS BAR IS 1 INCH cn ON ORIGINAL DRAWING a) o 1 N IF NOT 1 INCH ON L n ROOF PLAN SCALES '1 THIS SHEET,ADJUST ^� ' 1/4" — 11 -011 ACCORDINGLY ` V ,I x 0 o CHECKED 9 DATE U DRAWN JESSICA (� JOB NO. 001 Q SHEET NUMBER M A4 . 1 CD ©2020 COPYRIGHT McCARTER-MOORHOUSE& 12.15 DESIGN, LLC. N THESE PLANS MAY NOT BE USED BY ANY OTHER ENTITY THAN McCARTER-MOORHOUSE& 12.15 DESIGN,LLC.WITHOUT PRIOR WRITTEN CONSENT. c'� Planning Presentation and Outline for Land Use Public Hearings City Council Meeting March 23, 2021 Item #23: Cornerstone Dental MDA AERIALZONING Maps– Existing DA Provision Site Plan Item #24: Ambles Run Sub. AERIALZONINGFLUM Zoning Maps– Preliminary Plat Landscape Plan Conceptual Elevation Item #25: Compass Pointe Sub. PLANNED DEV.ZONINGFLUM Zoning Maps– ACHD and MapPlanned Dev. Revised Plat Revised Open Space Revised Landscape Plan Elevations Changes to Agenda: \[if applicable\] Item #23: Cornerstone Dental (H-2021-0009) Application(s):  Development Agreement Modification Size of property, existing zoning, and location: This site consists of 0.79 acres of land, zoned C-N, located at 3250 N. Leslie Way (1/4 west of the Ustick and Eagle intersection). History: AZ-02-033; RZ-05-021 Comprehensive Plan FLUM Designation: Mixed-Use Community Summary of Request: The Applicant proposes to amend the first addendum of the Champion Park Addition Development Agreement (Inst. #106048480) to remove an existing provision of the original agreement (Inst. #103085229) attached to the addendum as Exhibit B. The existing provision of the original Development Agreement (DA) is still valid because it is attached to the amended one as an exhibit. The existing provision requires that all future commercial uses obtain a Conditional Use Permit (CUP). The subject site is the last remaining undeveloped commercial property within the Champion Park Subdivision. The property is zoned C-N (Neighborhood Business District) and the proposed use is a new two tenant commercial building with the main user being a dentist office. The proposed use of a dental office is a principally permitted use under current development code within the C-N zoning district. The existing DA provision specifically points out limiting hours of operation as the reasoning for requiring a CUP. Current development code limits the hours of operation within the C-N zoning district to the hours of 6:00AM to 10:00PM. Staff finds the already limited hours of operation of the zone in conjunction with the location of the site to be sufficient for future development and provide adequate evidence to remove the existing provision. In addition to the request for the DA Modification, the Applicant is requesting a Council Waiver to reduce the required landscape buffer along the eastern property line from 20 feet to 15 feet to match the existing buffer along the east boundary and adjacent to the existing office building to the south. The property to the east of the site is a multi-family development and there are approximately two structures directly abutting the subject site. The reason for the waiver request is to accommodate a wide enough drive aisle that allows two-way traffic and can meet the required fire access radii. Furthermore, there is only a portion of the required buffer that is actually adjacent to the noted drive aisle that truly requires the reduced buffer. The Applicant is showing more than the required buffer width of landscaping beyond this area. Commission Recommendation: No Commission action; MDA’s go straight to City Council. Staff recommends approval of the DA Modification. Written Testimony: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2021-0009, as presented in the staff report for the hearing date of March 23, 2021: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2021-0009, as presented during the hearing on March 23, 2021, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0009 to the hearing date of \[date\] for the following reason(s): (You should state specific reason(s) for continuance.) Item #24: Ambles Run Subdivision (H-2020-0124) Application(s):  Annexation & Zoning, Preliminary Plat Size of property, existing zoning, and location: This site consists of 2.88 acres of land, located on Lot 26, Block 1 of the county Dunwoody Subdivision, approximately ¼ mile east of N. Locust Grove Road and a ½ mile south of Chinden Boulevard. It is at the terminus of Chopin Avenue within the Vienna Woods Subdivision to the south. Adjacent Land Use & Zoning:  North – County residential;  East – County residential;  South – R-4 zoning and detached single-family residential  West – County residential History: N/A Comprehensive Plan FLUM Designation: Low Density Residential Summary of Request: The Applicant is requesting AZ of 2.88 acres of land with a request for the R-2 zoning district and a preliminary plat for 6 single-family residential lots. The property lies within the Low Density Residential future land use designation which allows single-family dwellings at a gross density less than 3 du/ac. The proposed project meets both the allowed use and density requirements of the requested zoning and future land use. The proposed density should function as a transitional density from the Vienna Woods Sub. to the existing Ada County, Dunwoody Subdivision. Staff finds the proposed density as appropriate in addition to it meeting our comprehensive plan. Access into the site is proposed via extending Chopin Avenue into the site from the south; this is the only available point of access into the site. The Applicant is proposing to provide parkways with street trees along both sides of the Chopin Avenue extension. Due to the size of the subject site, there is no minimum open space required. However, Staff is recommending the Applicant revise the landscape plans to show 10’ wide parkways instead of 8’ wide to increase the available open space for the project and have wider planter beds that should provide for healthier trees. Providing open space at this level is not required by code but Staff believes it helps the project meet the spirit of the code and allows for even more of an identity for this small subdivision. In addition to the wider parkways, Staff originally recommended a revision to the road layout to provide a stub street to the western boundary. Staff was hopeful that ACHD would allow a reduced street section for this stub but ACHD did not allow this. Following discussions with ACHD and the Applicant, Staff discussed with the Commission removal of the recommended layout revision. Commission agreed and modified the recommendation of approval by removing the requirement to provide this stub street. The submitted landscape plan also shows a raised berm with relatively full landscaping along the rear of the building lots. This landscaping on private lots is not regulated by City code and therefore Staff does not recommend adding any provisions regarding this landscaping. The Applicant intends to maintain the berm and landscaped areas through the HOA and subsequent CC&R’s that the City does not regulate. Staff believes this is the appropriate way to regulate and maintain the proposed landscaping on the private building lots. Commission Recommendation: Commission recommended approval of the subject applications. The Meridian Planning & Zoning Commission heard these items on February 18, 2021. At the public hearing, the Commission moved to recommend approval of the subject Annexation and Preliminary Plat requests. 1. Summary of Commission public hearing: a. In favor: Michael Miller, Applicant; Robert Phillips, Vienna Woods neighbor; Susan Rammell, neighbor; Monty Moore, Dunwoody neighbor; Dick Price, land owner. b. In opposition: Jeff Wilding, Dunwoody HOA President; Jeff Thompson, Vienna Woods neighbor; Dale Hope, Dunwoody neighbor; c. Commenting: Jeff Wilding, Jeff Thompson, Robert Phillips, Susan Rammell, Dale Hope, Monty Moore, Dick Price d. Written testimony: One (1) - Mr. and Mrs. Rammell discussing a desire to have a stub street to their eastern property line (this project’s western boundary). e. Staff presenting application: Joseph Dodson, Associate Planner f. Other Staff commenting on application: Andrea Pogue, Deputy City Attorney; Bill Parsons, Current Planning Supervisor. 2. Key issue(s) of public testimony: a. Lot in question was never properly split from Dunwoody HOA and does not meet their CC&Rs; Proposed project does not comply existing Dunwoody HOA CC&Rs in lot size requirement—is this an b. issue for the City to be involved in; Legality of property split of Lots 25 & 26 to create property currently requesting annexation and c. preliminary plat; Potential of working with future development of adjacent properties to the west and north to limit some d. of the CC&R issues discussed to include some revisions of the layout; 3. Key issue(s) of discussion by Commission: a. What is the City’s legal purview in regards to existing CC&R’s that conflict with the requested zoning; b. Applicant’s willingness and ability to work with adjacent property owners and Dunwoody HOA on a compromise in regards to lot sizes; c. Benefit, if any, of continuing project versus moving forward to Council 4. Commission change(s) to Staff recommendation: a. Strike conditions related to stubbing a street to the western property line. 5. Outstanding issue(s) for City Council: a. None Written Testimony since Commission Hearing: Sandy Anderson, Dunwoody HOA Treasurer – Rebuttal to an email shown by the Applicant during the hearing. Ms. Anderson states the email shown is misleading and that Pioneer Title was not involved in the sale of one of the properties in question. Ramona Tippets – Disputes that Lot 26 was legally split from the Dunwoody HOA and directly rebuts an email shown by the Applicant. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2020-0124, as presented in the staff report for the hearing date of March 23, 2021: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2020-0124, as presented during the hearing on March 23, 2021, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2020-0124 to the hearing date of \[date\] for the following reason(s): (You should state specific reason(s) for continuance.) Item #25: Compass Pointe Subdivision (H-2020-0100) Application(s):  Annexation and Zoning, Preliminary Plat, Private Streets, and Alternative Compliance Size of property, existing zoning, and location: This site consists of 7.69 acres of land, currently zoned RUT, located at 3247 S. Locust Grove (SWC of Victory and Locust Grove intersection). Adjacent Land Use & Zoning: County Residential to the North (Application is in process with the city for low density residential project); Single-family residential and R-8 zoning in all other directions. History: None Comprehensive Plan FLUM Designation: Medium Density Residential (3-8 du/ac) Summary of Request: This project was heard by the Planning and Zoning Commission on December 3, 2020 and the Commission recommended denial of the project to the Meridian City Council. Following this recommendation, the Applicant made a request to the City Council to be remanded back to P&Z with a revised plat and open space pursuant to comments made within this staff report and by Commissioners. The City Council agreed with this request and remanded the project back to P&Z. The main changes made by the Applicant following the recommendation of denial are related to the number of residential units proposed, the road layout, the amount of usable open space, and the Applicant is no longer requesting a Planned Unit Development. Annexation and zoning of 7.69 acres of land with a request for the R-15 zoning district; Preliminary Plat consisting of 37 residential building lots and 10 common lots on approximately 4.69 acres of land in the R-15 zoning district; Private Streets throughout the development; Alternative Compliance to connect a private street directly to an arterial street. The proposed uses are all single-family residential but in multiple forms: attached townhomes (triplex), attached duplexes, and detached 4 single-family homes as well. The project is proposed with a gross density of 4.94 du/ac and a net density of 9.82 du/ac, lower than the previous proposal. The Applicant is proposing to construct private streets that are 24’ wide with 5’ attached sidewalk on at least one side of the street throughout the project. At the north end of the main street within the development (labeled as Compass Lane on the landscape plans) the Applicant is proposing an emergency only access to Victory Road. This access is required if more than 30 homes are to be constructed. The proposed access for this development is to S. Locust Grove and lines up with E. Coastline St. on the east side of Locust Grove, the access into Tradewinds and the future Teakwood sub. The access point into the development does not meet ACHD district policy but they are modifying their policy to accommodate access into the development because this is the best place for an access to a residential development on this site (furthest access point available away from the Locust Grove/Victory intersection). This is largely because of the site constraints that exist for this parcel. The site is a triangle shape, bordered on two sides by arterial streets and on one side by the Ten Mile Creek, there is no opportunity for road connectivity to any adjacent site and so ACHD prefers private streets within the development. City code requires that private streets are to be used in either a mew or gated development and this Applicant has proposed a gate meeting these code requirements. Staff recommended removing the parking spaces before the gate to ensure there is an area for vehicles to turn around should they enter this street on accident. The Applicant has shown this revision with the revised plans. The proposed private streets are not wide enough to accommodate any on-street parking so the Applicant is proposing to construct some extra off-street parking along the main street as seen on the proposed plat. There are no multi-use pathways proposed or required for the development. However, the Applicant is proposing a 5-foot wide pathway on this side of the creek and behind the proposed homes. This pathway connects to the private streets at the southern end of the project and thru the common open space lot located midblock on the west side of the site. This pathway also continues north and connects to the required sidewalk along Victory Road. In addition, Staff recommended an additional pedestrian connection to the sidewalks along Locust Grove From the revised street layout. The Applicant has submitted revised plans showing compliance with this recommendation as well. There is no existing sidewalk along Victory Road or Locust Grove; both arterial streets are scheduled to be widened as part of the roundabout project at this intersection in 2021-22, according to ACHD. With the roundabout project, the Applicant is required to dedicate additional ROW for the intersection and the future widening of Victory and Locust Grove adjacent to the site. ACHD is requiring the Applicant enter into a road trust for the arterial sidewalk improvements adjacent to the site as they will be constructed by ACHD with the roundabout and widening projects. A minimum of 10% qualified open space meeting UDC standards is required. According to the property size of 7.69 acres, the Applicant should supply at least 0.77 acres of qualified open space, or approximately 33,500 square feet. The applicant is proposing 3.91 acres of open space, of which 3.4 acres is shown as qualifying open space on the submitted open space exhibit, vastly more than the minimum requirement. However, some of the area listed as qualifying open space by the Applicant does not meet UDC standards due to their size not being at least 5,000 square feet or being near the dimensions of 50’ x 100’. Once this area is removed, the qualified open space proposed is 2.97 acres. More importantly, the open space for this development is largely made up of the Tenmile Creek easement (2.12 acres) and the arterial street buffers (19,158 square feet of qualifying area). All of this area is qualifying but the Tenmile Creek will be left natural and will be a buffer and more of a visual amenity than usable open space for the development. Abutting the creek and generally mid-block, the Applicant is proposing an open space lot that is approximately 5,700 square feet. This open space lot contains one set of the amenities and a micro-path that connects the private street to the pathway along the creek. This open space lot and micro-path offers a clear connection to the attached sidewalks throughout the development and an additional open space area centrally located within the development. This 5,700 s.f. open space lot is the most active and usable open space lot within the development. In general, the Applicant has increased the usable open space areas throughout the site following the Commission’s recommendation of denial and comments. With the reduction in unit count and additional centralized open space, Staff finds the proposed open space not only in excess of code requirements but also an improvement from previous layouts. The applicant submitted conceptual elevations for the proposed attached single-family homes, both the duplexes and the triplexes. The submitted elevations show all two-story structures with two-car garages and finishing materials of wood and stone. In addition, the elevations show modern architecture designs with shed roofs, second story patios with glass railings, and stone accents that go the full height of the proposed homes. Attached single-family homes require design review approval prior to building permit submittal and at that point, Staff will ensure full compliance with the Architectural Standards Manual. Commission Recommendation: Commission recommended approval of the subject applications. Summary of Commission Public Hearing: The Meridian Planning & Zoning Commission heard these items on February 18, 2021. At the public hearing, the Commission moved to recommend approval of the subject Annexation, Preliminary Plat, and Alternative Compliance requests. 1. Summary of Commission public hearing: a. In favor: Steve Arnold, Applicant Representative; b. In opposition: Rhonda Unruh, neighbor; Stan Unruh, neighbor; John Buckner, neighbor; Julie Edwards; Galen Mooso, neighbor; c. Commenting: Steve Arnold, d. Written testimony: None e. Staff presenting application: Joseph Dodson, Associate Planner f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. Density of project and additional traffic that would be added to the adjacent intersection and streets; b. Does the project comply with the comprehensive plan in that it is a different type of residential than the surrounding residential area; c. Proposed density is high-density residential when adjacent neighborhoods are not—in fact, the proposed project is not high density according to the City’s definitions and comprehensive plan. 3. Key issue(s) of discussion by Commission: a. The density of the revised project following the loss of 11 building lots; b. How do the latest revisions (showing staff’s recommended changes) affect the project; c. Clarification on how the project meets the Private Street findings; d. Review of the changes that have occurred following the original recommendation of denial by the P&Z Commission; e. Staff’s level of concern with the Applicant’s recommended changes to the conditions of approval; f. Timeline of the ACHD roundabout and road widening projects being sooner than previously anticipated. 4. Commission change(s) to Staff recommendation: a. Modify Conditions VIII.A.1.e and A.3.f to strike “sidewalk” from those conditions; b. Add additional guest parking spaces along the common areas; c. The Applicant work to provide an easement for a future mass transit stop along its perimeter. 5. Outstanding issue(s) for City Council: a. A few of the conditions of approval regarding the preliminary plat and landscape plan were not revised and presented to Staff at least ten (10) days prior to the Council hearing—However, the remaining issues can be handled prior to submittal of the Final Plat. Written Testimony since Commission Hearing: 2 pieces of testimony: Kristen Thompson – opposes the project based on density of the project and it not matching the surrounding development. Patricia Johnson – concerns over the existing trees within the irrigation easement and Ten Mile Creek; overall safety concerns of the Creek with any changes to the site. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2020-0100, as presented in the staff report for the hearing date of March 23, 2021: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2020-0100, as presented during the hearing on March 23, 2021, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2020-0100 to the hearing date of \[date\] for the following reason(s): (You should state specific reason(s) for continuance.) Item#24. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Ambles Run Subdivision (H-2020-0124) by HomeFound Group, Located % Mile East of N. Locust Grove Rd. and % Mile South of Chinden Blvd. A. Request: Annexation and Zoning of 2.88 acres of land with an R-2 zoning district. B. Request: A preliminary plat consisting of 6 single-family residential lots. Page 545 Item#24. E IDIAN:-- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: March 23, 2021 Topic: Public Hearing for Ambles Run Subdivision (H-2020-0124) by HomeFound Group, Located 1/4 Mile East of N. Locust Grove Rd. and 1/2 Mile South of Chinden Blvd. A. Request: Annexation and Zoning of 2.88 acres of land with an R-2 zoning district. B. Request: A preliminary plat consisting of 6 single-family residential lots. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 546 PUBLIC HEARING SIGN IN SHEET DATE : March 23v 2021 ITEM # ON AGENDA : 24 PROJECT NAME : Ambles Run Subdivision ( W202MI24 ) PRINTED FULL NAME For Against Neutral Want to Testify YES OR NO 2 3 4 5 j 6 7 ^^ 11 CV s 9 10 � 11 12 I 13 14 � 15 i Item#24. STAFF REPORT C:�*%_ W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 3/23/2021 Legend DATE: 0 I�l U Project Location TO: Mayor&City Council FROM: Joe Dodson,Associate Planner 208-884-5533 _ SUBJECT: H-2020-0124 Ambles Run Subdivision LOCATION: The site is located on Lot 26,Block 1 of the county Dunwoody Subdivision, ® �� approximately /4 mile east of N. Locust e Grove Road and a'/2 mile south of �� __ _ OEM Chinden Boulevard, in the SW 1/4 of the �® NW 1/4 of Section 29,Township 4N., Range 1E. ®� � I. PROJECT DESCRIPTION Annexation&Zoning of 2.88 acres of land with an R-2 zoning district and a preliminary plat consisting of 6 single-family residential lots, by HomeFound Group. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 2.88 Future Land Use Designation Low Density Residential(0-3 du/ac) Existing Land Use(s) Vacant land Im Proposed Land Use(s) Detached Single-family Residential Lots(#and type;bldg./common) 6 residential building lots Phasing Plan(#of phases) Proposed as one phase Number of Residential Units(type 6 single-family units of units) Density(gross&net) Gross—2.08 du/ac.;Net—2.49 du/ac. Open Space(acres,total N/A—property is not at least 5 acres in size [%]/buffer/qualified) Amenities N/A—property is not at least 5 acres in size Neighborhood meeting date;#of November 9,2020— 10 attendees; attendees: History(previous approvals) No history with the City Page 1 Page 547 Item#24. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access is proposed via Chopin Avenue,an existing local Hwy/Local)(Existing and street stubbed to the southern boundary of the subject Proposed) property. Stub Street/Interconnectivity/Cross Applicant is proposing to continue Chopin Ave.through the Access project in its current alignment and stub it to their northern boundary,terminating in a cul-de-sac. Existing Road Network No Existing Arterial Sidewalks/ N/A Buffers Proposed Road Improvements No road improvements are proposed or required other than extending Chopin Ave.into the site. Distance to nearest City Park(+ 1.2 miles to Charles F.McDevitt Youth Sports Complex size (City of Boise Fire Service • Distance to Fire Station 1.5 miles from Fire Station#3 • Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#3 reliability is 78%(below the goal of 80%) • Risk Identification Risk Factor 1 —Residential • Accessibility Proposed project meets all required access,road widths,and turnarounds;proposed landscape planter within cul-de-sac is not allowed and should be removed. Police Service • Concerns None Wastewater • Distance to Sewer Services N/A • Sewer Shed North Slough Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.06 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns •Flow is committed •Since parcel to the north is not a phase of this project the sewer line needs to end at a manhole at the northern boundary. Water • Distance to Services 0' • Pressure Zone PE 3 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Water Yes Master Plan • Impacts/Concerns None Page 2 Page 548 1 1 1 7t" SHIN _ DEN *:,I - � 119ff Y 3 y �*I1�9 _ Ar � �:rt �titi■ " ■■■■■■■■npn� 111111E ia■Wi��l■i■_ ...�'�e_.. .u� __� � _ ii"1:'p r' r1111111i !■1�� 1��j■ - >` • in mI�In In IIII■■ ■ III ■l IIIIIIIII �� Ly�� o - o .. ` o- - -�.. 1 � � _ ■■ :::i�■��Vi ii is i■MINE iii■': f� mil!LU tl■�■:1■Iq 0 ■ �■■Ir■IIIIIi■� r iq I Iiiiiii �- Illlr Jfa■ �� .■o■ a■:I 4tS� .!_ J _ y P�■u■ruu =r■� �.: r .■■ 1 . ■■ .n■■■■■n Gr■III IIIIIIII� iii i�� ' Ir ■!! ■■Inn■■■!ENDED■■ _ ■I III f :..■ -= ■■nn■ ENDED■I •; }'. in In IIII .■ I —i- -■■u■■■■■■I - �� .'-; �J7 _ IIII ■■I ' CHINDEN ,EN H. _ rllrr Iliilll� �..... :11■ �..1■il� • —�iiiiiii°3 nwi=�� a!iii!JI■■■MENEM'� • ;__,,,.,, , rIm�� "nl�_ ��I�°i� �, rnn��■��'�, -m■1 ''-��i ■till■ ^nnu - -• till!! n�, I■■■■ ullnn li. ■ f� ■1 i'�1 1 nn lion■iunnn IiC I W E�99 n�1�' p n■■Es n 111l11■iOl�l a�nn■■■Irn 111111■IiO■�� i1G� -=nnmm�nn0 � ��-�■ifC u . lJJ � .�I �:�-ii fQ ■■I7�.1111�1� � "1 �wi ■ ■u. 111!!Ir IlgrrllU .■ ` i �■ ■■a 1!1l111 llllrrl111 .■ ■ >n� ■ ■u11■ mp nm nu€��_ �■■■■I ■ ■u11■-. nI- nm nl�i�'� �I�■■�I IIII ■IIIII P� n IIII unn P� n mIl Ilmn■i■-�nnn m■�.O �■f■� mIl Innn■p.-�nnn m■1� ■T� ■�■� ,� III I IIII■■\� IIn■I IIIIIIIIIr1�� 'I�� I^t�l nI I IIII■E�� _l_■ ■I IIIIIIOIrt�� -•'I� ■ ■ :t111 n■I nnn■ q■■L-�■■■\■ ■ � n■I nnn n ��_ 1 7CCL--rCGGOG ■ � ■ ■u■ � - �� . ■ r -■'I ■ ■u n n■I�.� V=■■■�� DIlrriA■■■ -nl ■ ■■ �■ll•�. �.� n■ nnu:■ ■ ■■ �■- mn.0 ■ ■ ■■ nnu- � ■■Eum 1■■�- rumli ■I nnn r ; Nr Io nnn 4 di�/ NINE 111 11 "Jflr - .■■n ::ni .q i�Inn �� ,� P:■n :�i�nnn p nu■In � ■. i Ir � ■ 9 .■I �� tl■noon ■.ri.Ir �-: 9 .■i ■ IIII ■ ■ ■■■■ ��■■o■■= • ■■ Id ■I ■� IIII■n � ■■■1 ■■o■■= ■■ id ul NEED on ■■■I ■ ■■■■■�■ ■■ ■■ ■■ :■■■■:- II III .. !! ■u■■■� ■■ ■■ ■■■:■■■■:n ■■ OP numu�■m nnlnlrA ^�■ ' R�=o�r_■n:f■m nnlm ml unl i '� • n 1!nn■■■■■■noon■ ■IIi miss i ',. .■■ Inn■■■■■■noon~! minm r J L m � LI C■■� .nnn■unn■I i o r� ar■nu unn ni ■■■■■�.�..� II IIII A .... ■■■■■..�.��II IIII ■••_• t- III ■■n►�� I�1 ' ■ • ■ as�■■i II ■■■n I ��:� •• Wit' n■■::is�I .■ \ �. ■ n■■o■■� III IIII\M■■ ` �—w- ■■no o■■�� IIII ■■I IIII ■■I II i II Item#24. IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 1/29/2021 3/5/2021 Radius notification mailed to properties within 500 feet 1/26/2021 3/2/2021 Site Posting 1/27/2021 3/8/2021 Nextdoor posting 1/26/2021 3/4/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) Low-Density Residential—This designation allows for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources,recognize view sheds and open spaces,and maintain or improve the overall atmosphere of the area. The use of open spaces,parks,trails, and other appropriate means should enhance the character of the area. The subject site is somewhat of an outparcel of an existing county subdivision (Dunwoody Subdivision) that has no access except for the Chopin Avenue stubbed to its southern property boundary. Dunwoody Subdivision has large lots that are approximately an acre or more in size and the proposed subdivision aims to provide a transition from these larger lots sizes towards the existing R-4 lots to the south by proposing six(6) lots that are over 16,000 square feet in size. The subject site is less than 5 acres in size and therefore the requirements to provide open space and amenities do not apply. However, Staff is aware that the three parcels adjacent to the subject site to the west and north are also in discussions with City officials on their redevelopment—if those parcels were to annex and redevelop together with this parcel, this area may be able to provide a more cohesive development. The Applicants of both projects have been in detailed discussions with each other but no agreement could be made. Therefore, this property owner decided to move forward with the proposed 6-lot subdivision. This is unfortunate but the likelihood of this parcel being developed with anything other than the proposed layout is minimal. The proposed density is approximately 2 dwellings per acre which fits within the Low Density Residential future land use designation range of 3 or less per acre.As noted, this density would offer a transitional density from the county subdivision to the existing Vienna Woods Subdivision to the south. Despite the 2.88 acre parcel not being required to provide open space, the Applicant is proposing to provide parkways with street trees along both sides of the Chopin Avenue extension. As currently proposed, the project is proposing approximately 4%open space that would be qualifying open space if any were required. This number is important because if this property was required to provide open space by code, the project would only be required to provide S%open space due to the project only containing buildable lots and each lot being over 16,000 square feet. Providing open space for developments is a critical point within the comprehensive plan to help create a sense of place and add green space for residents to enjoy. Therefore, Staff is recommending the Applicant revise the landscape plans to show 10'wide parkways instead of 8'wide to increase the open space for the project and meet that 5%open space threshold. Providing open space at this level is not required by code but Staff believes it Page 4 Page 550 Item#24. helps the project meet the spirit of the code and allows for even more of an identity for this small subdivision. In addition to the wider parkways, Staff is recommending a revision to the road layout to better comply with the comprehensive plan and help with future development in this area. The Applicant should provide a stub street to their western boundary and preliminary discussions with ACHD have determined this Applicant would be required to construct the full street section. Therefore, the stub street would be constructed as a full 33 foot street section within 47 feet of right-of-way if using attached 5-foot sidewalks. However, to align with what is already being proposed Staff recommends the stub street be constructed with 8-foot parkways and detached sidewalk further analysis is in the Access section (Section V.F). By providing a stub street to the north and to the west, this parcel can set up road connectivity and utility placement for future redevelopment in this area creating a more cohesive design. Furthermore, this recommended change does not create the need to lose any lots or change the request for R-2 zoning as each lot would still meet the R-2 dimensional standards after reducing their lot widths. With Staffs recommended changes, Stafffinds the proposed project and what it brings to the City of Meridian to be generally consistent with the Comprehensive Plan. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651IA.In order to ensure the site develops as proposed with this application, Staff recommends a DA as a provision of annexation with the provisions included in Section MI.A1. The DA is required to be signed by the property owners)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation.A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies(https:llwww.meridiancioy.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01 G). The proposed project offers a density that is directly in the middle of the adjacent estate lots the north and east of the Dunwoody Subdivision and the R-4 lots to the south of Vienna Woods Subdivision. Although the proposed subdivision is only six lots, this subdivision would lay the foundation for the appropriate transitional density in this immediate geographic area. "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities,and other best site design practices"(3.07.01A). The proposed site design incorporates a transitional density from the existing 1-acre lots of the Dunwoody Subdivision. In addition, the Applicant is proposing to construct a berm with trees and other landscaping along the rears of each building lot to further screen the new and existing homes nearby. Code does not regulate landscaping on private property but Staff encourages the Applicant to include maintenance of these landscaped areas within the future CC&R's of the homeowner's association. Despite such a relatively small site, the Applicant is creating buffers and incorporating street trees within parkways to buffer and screen the proposed homes making them more compatible with what exists to the northeast and to the south. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools,fire, and parks" (3.02.01 G).All public utilities are available for this project site due to the existing stubs abutting the site to the south within Chopin Avenue,per Public Works comments. This project also lies within the Fire Department response time goal.An additional 6 homes are expected to generate 4 school age children which can be easily absorbed into the school system, according to the West Ada response letter. Page 5 Page 551 Item#24. Staff finds that the existing and planned development of the immediate area create conditions for adequate levels of service to and for this proposed project. "Preserve,protect,and provide open space for recreation, conservation,and aesthetics" (4.05.01F).As discussed, the project is below the minimum 5 acre size to require open space. However, the Applicant is proposing parkways with detached sidewalks that will add street trees and help create a sense of place for the development despite not having a large open space lot. Residents here will be within walking distance and easily within car and bicycle distance of a park to the southeast through local streets. In addition, with Staffs recommended changes to increase the width of the parkways to 10 feet, the trees should be healthier and beautify the subdivision even more. "Require all new residential neighborhoods to provide complete streets,consistent with the Transportation and Land Use Integration Plan."(2.02.01 Q. The Applicant is proposing to construct this project with detached sidewalks, street trees within parkway strips, and a road section wide enough to accommodate on-street parking. Staff finds the combination of these elements helps create a form of complete streets and should encourage future development nearby to emulate these features. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.0ID).Proposed project is extending the detached sidewalks from the south to allow easy access to the existing pedestrian facilities within Vienna Woods. "Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction."(2.02.02F).As discussed, the Applicant is proposing lot sizes that do not match those directly abutting the site but instead act as a transitional density. This proposed density and probable homes in conjunction with the proposed street trees should complement the design of the existing development nearby. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: There are no existing structures on site as this site is leftover pasture land. D. Proposed Use Analysis: The proposed use is detached single-family residential on larger estate lots. This use is a permitted use in requested R-2 zoning district per UDC Table 11-2A-2. Due to the relatively small size of the development(six lots),the project is proposed to constructed in one phase but will still have a Homeowner's Association.According to the Applicant's Narrative,the future homes are to be constructed as approximately 2,400 square foot single-level homes with a second story bonus room as an option. The proposed use and style of homes should provide for a development that is cohesive with adjacent development. E. Dimensional Standards(UDC 11-2): The residential lots appear to meet all UDC dimensional standards per the submitted plat. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). The proposed preliminary plat and submitted plans appear to meet all UDC requirements. Staff will verify compliance with these standards following Staffs recommended revisions discussed in the next section. Page 6 Page 552 Item#24. F. Access(UDC 11-3A-3, 11-3H--4): Access is proposed via extension of Chopin Avenue,a local street stubbed to the southern boundary. The submitted plans show the extension of Chopin as a 36-foot wide street with 4-foot detached sidewalk outside of 8-foot wide parkways with street trees. The proposed street section does not meet ACHD policy and should be reduced to 33 feet wide. In addition,the sidewalks must be constructed as 5-feet wide to meet ACHD standards. The Applicant is proposing to terminate Chopin Avenue at the north boundary in a cul-de-sac in line with ACHD policy because the road section will be greater than 150 feet in length. The proposed layout is sufficient for the proposed 6-lot subdivision but Staff believes it does not adequately set the stage for future development to its north and west. Therefore, Staff is recommending the Applicant revise the plans to show a stub street to the west as discussed to meet more of the comprehensive plan objectives and policies. There are multiple placements of the stub street that would provide for better future circulation than only providing a stub to the north. However, Stafffinds it appropriate to recommend a location that minimizes the amount of wasted pavement should Chopin Avenue ever get extended further in the future. Staff recommends placing the western stub street along the northern property boundary as a full street section per ACHD requirements. However, the Applicant should work with ACHD on a reduced street section for this stub street to minimize the impact to this property.At a maximum, with 5-foot attached sidewalks and a 33 foot street section, the western lots would be required to be reduced by 47 feet to incorporate the required right-of-way.ACHD has reduced street sections if no on-street parking is desired which would reduce this area even further. With the maximum amount of right-of-way taken, the proposed lots would still exceed the minimum dimensional standards of the requested R-2 zoning district. Despite the recommended stub street being more than 150 feet in length, both Meridian Fire and ACHD have agreed to allow the stub street be constructed without a temporary cul-de-sac at its terminus to minimize the impact to this Applicant. In order to maintain adequate turnaround, Chopin Avenue will still need to end in the cul-de-sac, according to ACHD. The Applicant should still work with ACHD prior to the Council meeting to minimize the impact of this recommended change by Staff. G. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table II- 3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. In addition,the proposed 33-foot wide street section accommodates on-street parking where no driveways exist and not within any part of the cul-de-sac at the end of the extended Chopin Avenue. H. Sidewalks(UDC 11-3A-17): 4-foot wide detached sidewalks are proposed along internal streets adjacent to landscape parkways as part of the extended pedestrian circulation of Vienna Woods to the south,in accord with the standards listed in UDC 11-3A-17 and ACHD standards. As discussed previously, the proposed 4-foot wide sidewalks do not meet ACHD standards and should be widened to 5 feet wide. The Applicant is aware of this but has not yet provided updated plans. Regardless, the sidewalks in this development will continue connections through the project from the Vienna Woods Subdivision to the south. These connections will allow future residents easy access to the nearby sports complex to the southeast. Page 7 Page 553 Item#24. I. Landscaping(UDC 11-3B): The only landscaping that is regulated by code within the proposed development is within the proposed parkways along the local street extension(UDC 11-3A-17 and UDC 11-313). The Applicant is proposing 8-foot wide parkways with street trees along the proposed roadway extension into the site. The submitted landscape plan also shows a raised berm with relatively full landscaping along the rear of the building lots. This landscaping on private lots is not regulated by City code and therefore Staff does not recommend adding any provisions regarding this landscaping. The Applicant intends to maintain the berm and landscaped areas through the HOA and subsequent CC&R's that the City does not regulate. Staff believes this is the appropriate way to regulate and maintain the proposed landscaping on the private building lots. Staff is recommending the proposed parkways be widened to 10'to increase the amount of open space for the small development even though there is not a requirement to meet any minimum open space standard.As discussed within the Comprehensive Plan analysis section earlier, increasing the width of the parkways allows the project to provide at least 5%open space which helps meet the intent of the code and comply with the comprehensive plan. In addition, the wider parkway would allow for healthier trees and provide the Applicant the opportunity to use a wider range of trees within the parkways, including larger Class III trees if so desired. Staff recommends constructing the recommended western stub street with 8 foot parkway on its southern side to match what is currently proposed. This parkway should also be landscaped in accord with UDC standards. J. Qualified Open Space and Amenities(UDC 11-3G): The subject site is less than 5 acres in size and therefore code does not require a minimum amount of qualified open space or amenities. See more detailed analysis by Staff in the Comprehensive Plan section and Landscaping section. K. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the landscape plan and meets UDC standards as proposed. L. Pressurized Irrigation(UDC 11-3A-15): The Applicant is required to provide a pressurized irrigation system for the development in accord with 11-3A-15. Despite the development being only six(6)lots,providing for pressurized irrigation with this project will allow for such irrigation to be continued as the surrounding area redevelops in the future. M. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant did not submit conceptual building elevations other than the one elevation submitted with the Narrative. That elevation is an example of what the expected home builder constructs. Detached single-family homes do not require design review approval prior to building permit submittal and therefore Staff does not review these for compliance with any standards. However,the submitted elevation does depict larger homes commensurate with estate lots and shows varying rooflines with different building and accent materials that come together and show high-quality construction. Page 8 Page 554 Item#24. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested preliminary plat application per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on February 18,2021.At the public hearing,the Commission moved to recommend approval of the subject Annexation and Preliminary Plat requests. 1. Summary of Commission public hearing: a. In favor: Michael Miller,Applicant; Robert Phillips,Vienna Woods neighbor; Susan Rammell,neighbor; Monty Moore,Dunwoody neighbor; Dick Price, land owner. b. In opposition: Jeff Wilding,Dunwoody HOA President; Jeff Thompson,Vienna Woods neighbor; Dale Hope, Dunwoody neighbor; C. Commenting: Jeff Wilding,Jeff Thompson,Robert Phillips, Susan Rammell,Dale Hope,Monty Moore,Dick Price d. Written testimony: One 1) -Mr. and Mrs. Rammell discussing a desire to have a stub street to their eastern property line (this project's western boundary e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Andrea Pogue,Deputy City Attorney; Bill Parsons, Current Planning Supervisor. 2. Key issue(s)of public testimony a. Lot in question was never properly split from Dunwoody HOA and does not meet their CC&Rs; b. Proposed project does not comply existing Dunwoody HOA CC&Rs in lot size requirement—is this an issue for the City to be involved in; c. Legality of property split of Lots 25 &26 to create property currently requesting annexation and preliminary plat; d. Potential of working with future development of adjacent properties to the west and north to limit some of the CC&R issues discussed to include some revisions of the layout; 3. Key issue(s)of discussion by Commission. a. What is the City's legal purview in regards to existing CC&R's that conflict with the requested zoning; b. Applicant's willingness and ability to work with adjacent property owners and Dunwoody HOA on a compromise in regards to lot sizes; c. Benefit,if any, of continuing project versus moving forward to Council 4. Commission change(s)to Staff recommendation: a. Strike conditions related to stubbing a street to the western property line. 5. Outstanding issues for City Council: a. None C. City Council: To be heard at future date. Page 9 Page 555 Item#24. VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps TEALEY'S LAND 12594 W.Explore Drive, Suite 150•Boise, Idaho 83713 SURVEYING (208)385-0636 a] Fax(208)385-0696 Project No.:4743 Date:December 22, 2020 ANNEXATION DESCRIPTION FOR PROPOSED AMBLES RUN SUBDIVISION A parcel of land being a portion Lot 26 of Block 1 of Dunwoody Subdivision,as filed for record in the office of Ada County Recorder, Boise,Idaho,in Book 58 at Page 5482,as shown on record of survey No.7 83 7,as filed for record in the office of Ada County Recorder, Boise, Idaho under instrument No- 107033607,lying in the NW 114 of Section 29,TAN., R.1E..&M-,Ada County, Idaho and more particularly described as follows: Commencing at the West 114 corner of said Section 29, marked by an aluminum cap;from which the Northwest corner of said Section 29, marked by a brass cap,bears North 00°01'36"West 2656.61 feet;thence along the East-West centerline of said Section 29.which is also the North boundary of Vienna Woods No-2 Subdivision North 89'35'30"East 664.68 feet to the Southwest corner of said Lot 26,marked by a 518"iron pin, said point marking the POINT OF BEGINNING,thence along the West boundary line of said Lot 26 North 00'03'17"West 331,00 feet to the Northwest corner of said Lot 26.marked by a 518"iron pin;thence along the North boundary of said Lot 26 North 89'35'30"East 379.11 feet to a 518"iron pin;thence leaving said North boundary South 00'04'37"East 331.00 feet to a 518"iron pin on the South boundary of said Lot 26-.thence along said South boundary South 89°35'30"West 379.24 feet to an iron pin marking the POINT OF BEGINNING. Said Parcel of Land Contains 2.88 Acres, more or less. LANb , 3 4 rI o ;7J Page 10 Page 556 Item#24. DRMY39 -10 StS'd9 us pO� 19'90Z M.9E.10.90 N d Y -- � avoa 3noaD lsnDo-1 Hlaoly � o g z N �Q 117, z z Mo 8 ? a m �( w VJ x m iJFvi°i.Ai iED �=C7 B o m — — 00'IE£ M.LI1E0.00 N - - y,N ------ ------- 2�m �► ------ I r---------- -I I C o ? A n flo I a LJ f azQ m fi I C X N.C14ORIN rn RYENU5 I q II - s _. t, I I _ II II 1 I ----------Q N f5 00'04'37'E 33[.6.0'--'� iN l o I1rO W fffff b-------------- - —— -- -- ---—————-1 ---__-----——— RDEN ��GA m N E�D57ric HD1155 l l r N c 5 m w•io = ICI A G 3 4---------b - o C4 C ixnao AaooMNna lsv3 4y I II a Page 11 Page 557 Item#24. TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713 SURVEYING (208)385-0636 Fax(208)385-0696 Project No..4743 Date:January 6,2021 ZONE R-2 DESCRIPTION FOR PROPOSED AMBLES RUN SUBDIVISION A parcel of land being a portion Lot 26 of Block 1 of Dunwoody Subdivision, as filed for record in the office of Ada County Recorder, Boise, Idaho, in Book 58 at Page 5482, as shown on record of survey No. 7637, as filed for record in the office of Ada County Recorder, Boise, Idaho under instrument No. 107033607, lying in the NW 114 of Section 29,TAN., R.1E., B.M.,Ada County, Idaho and more particularly described as follows: Commencing at the West 114 corner of said Section 29, marked by an aluminum cap;from which the Northwest corner of said Section 29, marked by a brass cap, bears North 00.01'36"West 2656.61 feet;thence along the East-West centerline of said Section 29,which is also the North boundary of Vienna Woods No. 2 Subdivision North 89°35'30"East 664.68 feet to the Southwest corner of said Lot 26.marked by a 518"iron pin.said point marking the POINT OF BEGINNING:thence along the West boundary line of said Lot 26 North 00'03'17"West 331.00 feet to the Northwest corner of said Lot 26,marked by a 518"iron pin;thence along the North boundary of said Lot 26 North 89°35'30"East 379.11 feet to a 518"iron pin; thence leaving said North boundary South 00°04'37"East 331-00 feet to a 518"iron pin on the South boundary of said Lot 26,thence along said South boundary South 89.35'30"West 379,24 feet to an iron pin marking the POINT OF BEGINNING. Said Parcel of Land Contains 2.88 Acres,more or less. LAAb 34:z 4 Page 12 Page 558 Item#24. DNI'dV39 -10 SIStl9 w O 19 959Z Ai.9E,10.00 N O `� Ovaa 3AOn isnon HiZION a r D oz N � � co Z g19 M m 00,IEE•AV.D.E0.00 N ------------- --- c C. V a�� m C Z N tln a: Q O po cn N.CHQPIN�''� �i •�;� C AVENl1E {' - 0"• w. 'n 70 II II 0 04'37'E 391.0.p' �f� I --- - .. ________-_ __ __ ____________ ___- ---__-__-__- __ --1 F- ._.___ GARDEN I I�'i � 1 I L._.� m N E7631M.NOOSE I I I o ci'o { ii { �H E; �; ICI PR OF lir- -o----------o---- a W —i p ianoo AGOOANna zsd3 0 n $OI�� "IyR O RI N I� ---- , m — L w Z I JCS n 0 Page 13 Page 559 Item#24. B. Preliminary Plat(dated: 12/17/2020) NOT APPROVED 6JHN1700 SIB , 9COK 59 PAGE 5A62 I Mu a,E eEvx-o1F COWM TO o'sm. NRl_AE f]R[I61eM-_-. _ 1 r r.To ww I 1 I I ti J ao __ r_________—__—_S- c r7.71' p + 7 ' Y O f ;eI ,� rti�cseo 9EFPICE 3 I I �� l �I UwLq m " E I 1F7K.w I I 1 o 6n 11 P41 li I, 5f P 1 1 4 I L--- �vol 2 ------- )y' w5r ul # --------- -s I .__...•'� 9�1 I I h u1 VICH xF.L'.i`~ is p P _ WOK M MW I I I Pncvasm•cr-Irt,-. � I 4l. l _rllur sunoK I I `+. .. _ _____ __ ggg•35'30"4! 1d14.1i? CE111ER 0150—>9 1� ill IIIIECT 10 F1u S71WG ill-TIN L ern NG !'E[NQ I1.11 d 0'w51EF lNE. ... p Will W00L15 SURL NO.i 500K 67 PAGE Big" x Page 14 Page 560 Item#24. .._._,_...__...._.. wo'ttuu arry.. imq A..4 GBbL998I88L13NOHd rseeao„vo�eanvu woos iasv� �, �'o LS H1L4'N BOfL n = .%NI.(3ALn5 E a30lIW"3bH0�w vnlo.7vamonais oseu iIVIdshoi A21tlNIW1sms "'"" - a m N01SI109f1S Nf121 S3�aWtl -a NI`Sa 33N1:JN3 .�. NOISIAIaBf1S Nf1TJ 53181Ntl SB LVIOOSSV'B 1-LIAV31 JFjfa• �I� si g s gals � � j- I za aF y l zl a I� sls I- �,s 5 �2 '� �A i E a I,' �I� s -1 15 �I ' .. I�� + I® .lac III I+ No e14t - �� al+il�sisI�� II } igie _I _ - " -. Im, ILI e4 ?lals� gj�!I, q 'Ixl I �I I�iI w � h as A } ILL- cn cn a :a \ h�-i A�• s � III ��y�� a I I �p Ca U C] °I I g6 C/] W a� J _ _� U v, j Ircn W F RPIt fi i 8 � a �il i N� � � I i o ------------- ---------- II E qq �£ pp ,00 IK MuLI,[O.di g .Ste` Fey C E G;A 5 e a R� E S Page 15 Page 561 Item#24. C. Landscape Plans(date: 12/18/2020)NOT APPROVED 2 ARA PQ I PQ A I QfRu Q 7;z 64 Yit a fi I ANA 2; 'Mis A A L----------------------—----------- ------------ ------------ ------------------------ "M. mot'_r' Volvo IE d. P is 49 Page 16 Ei] Item#24. BLOCK I W/W& rUNWOODY SUBDIVISION LOT 2 --------------- -------- -- f 4,% j o rj� il - Z -45 go 09 ---------- -"SW L.f,--T VlErl[,A WOODS DS SJE LOT 15 LCT '7 LOT I rI 1lE1..1 liwpcas ZURE). NQ. L:)CK "IE,— w0cos BLOCK 51 SD- No. 2 Page 17 Item#24. D. Conceptual Building Elevation r r+Y�i 7 4 � VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the approved plat, landscape plan, and conceptual building elevation included in Section VII and the provisions contained herein. 2. The preliminary plat included in Section VII.B, dated December 17,2020, shall be revised as follows at least fifteen(15)days prior to the City Council hearing: a. Revise the pW to show an additional stub stfeet from Chopin Aventle to the weste the stub street seetien right of wa-y. Page 18 Page 564 Item#24. b. Revise the plat to show 10-foot wide parkways with 5-foot wide detached sidewalks consistent with UDC 11-3A-17 and Staff s recommended changes. 3. The landscape plan included in Section VII.D, dated November 18, 2020, shall be revised as follows at least ten(10)days prior to the City Council hearing: a. Devise the,.1.,,,,to show the revised-plat layout per- nd tions above. b. Revise the plan to show 10-foot wide parkways. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table I I-2A-4 for the R-2 zoning district. 5. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 6. The Applicant shall comply with all ACHD conditions of approval. 7. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1I- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 8. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 9. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2) obtain approval of a time extension as set forth in UDC 11-613-7. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Since parcel to the north is not a phase of this project the sewer line needs to end at a manhole at the northern boundary. 1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. 1.3 The geotechnical investigative report prepared by Atlas Technical Consultants,LLC dated December 10,2020,indicates some specific construction considerations and recommendations. The applicant shall be responsible for the strict adherence of these considerations and recommendations to help ensure that homes are constructed upon suitable bearing soils,and that surface runoff and subsurface seepage does not become a problem with home construction. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. Page 19 Page 565 Item#24. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. hi performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. Page 20 Page 566 Item#24. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the proj ect. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https:llweblink.meridiancity.org/WeUink/Doc View.aWx?id=2191 78&dbid=0&r0o=MeridianC hty Page 21 Page 567 Item#24. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Commission finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Commission finds the annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Commission finds that the proposed plat, with Staffs recommendations, is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, Commission is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis and has offered their support of the proposed development. 6. The development preserves significant natural,scenic or historic features. Commission is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 23 Page 569 Item#24. D. SETTLER'S IRRIGATION DISTRICT(SID) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=219200&dbid=0&r0o=MeridianC hty E. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=220963&dbid=0&r0o=MeridianC Ry F. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=219133&dbid=0&r0o=MeridianC iv G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=220007&dbid=0&r0o=MeridianC Ry H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=220032&dbid=0&repo=MeridianC Ry I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancily.orglWebLinkIDocView.aspx?id=220252&dbid=0&r0o=MeridianC iv IX. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Commission finds the proposed zoning map amendment to annex the property into the City of Meridian with the R-2 zoning district and subsequent development is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Commission finds the proposed zoning map amendment and the request for the development will contribute to the range of housing opportunities available within the City and within this area, consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Commission finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. Page 22 Page 568 Charlene Way From:Michael Miller <michael@homefoundgroup.com> Sent:Tuesday, March 23, 2021 5:13 PM To:City Clerk Subject:Updated slides for Ambles Run External Sender - Please use caution with links or attachments. I wanted to make sure that you have the additional slides that I am including in my presentation tonight. Best, MM 1 To help protect your privacy, Microsoft Office Michael Miller prevented automatic download of this picture from the Internet. photo Founder/Realtor, HomeFound 208-866-1487 www.HomeFoundGroup.com Silvercreek Realty Group To To help help protprot ect ect your your privapriva cy, cy, 2 Item#25. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Compass Pointe Subdivision (H-2020-0100) by A-Team Land Consultants, Located at the Southwest Corner of E. Victory Rd. and S. Locust Grove Rd. A. Annexation and Zoning of 7.69 acres of land with a request for the R-15 zoning district. B. A Preliminary Plat consisting of 38 residential building lots and 10 common lots on approximately 4.69 acres of land in the R-15 zoning district. Page 592 Item#25. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: March 23, 2021 Topic: Public Hearing for Compass Pointe Subdivision (H-2020-0100) by A-Team Land Consultants, Located at the Southwest Corner of E. Victory Rd. and S. Locust Grove Rd. A. Annexation and Zoning of 7.69 acres of land with a request for the R-15 zoning district. B. A Preliminary Plat consisting of 38 residential building lots and 10 common lots on approximately 4.69 acres of land in the R-15 zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 593 PUBLIC HEARING SIGN IN SHEET DATE : March 239 2021 ITEM # ON AGENDA : 25 PROJECT NAME : Compass Pointe Subdivision ( H - 20 M100 ) PRINTED FULL NAME For Against Neutral Want to Testify YES OR NO 1 2 ' 3 4 5 6 7 8 9 10 11 12 13 14 15 Item#25. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 3/23/2021 Legend _ M:HTR DATE: Project Location ! TO: Mayor&City Council FROM: Joe Dodson,Associate Planner 0 208-884-5533 SUBJECT: H-2020-0100 r ®' Compass Pointe Subdivision ®� LOCATION: The site is located at 3247 S. Locust = � Grove Road, in the NE 1/4 of the NE 1/4 of FH Section 30,Township 3N.,Range 1E. I. PROJECT DESCRIPTION This proiect was heard by the Planninz and Zoning Commission on December 3, 2020 and the Commission recommended denial of the proiect to the Meridian City Council. FollowinP this recommendation, the Applicant made a request to the City Council to be remanded back to P&Z with a revised plat and open space pursuant to comments made within this staff report and by Commissioners. The City Council agreed with this request and remanded the proiect back to P&Z. The main chanPes made by the Applicant followinP the recommendation of denial are related to the number of residential units proposed, the road layout, the amount of usable open space, and no lonzer requesting a Planned Unit Development. In addition, the Applicant is no lonzer requesting a Planned Unit Development.All revisions are discussed and analyzed below in subsequent sections and delineated by strikethrogeh and underline changes throughout the staff report. • Annexation and zoning of 7.69 acres of land with a request for the R-15 zoning district; • Preliminary Plat consisting of 48 3-9 37residential building lots and 9 10 common lots on approximately 4.69 acres of land in the R-15 zoning district; • Alternative Compliance to connect a private street directly to an arterial street; • Planned Unit Development to r-e"ee the r-ear-sethaek of the R 15 zoning dist-r-iet for-a pet4iffl Of the ao. elopme fft due to site nst,aii#s,by A-Team Land Consultants. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage� 7.69 acres Future Land Use Designation Medium Density Residential Page 1 Page 594 Item#25. Description Details Page Existing Land Use(s) County Residential Proposed Land Use(s) Attached single-family and townhomes Lots(#and type;bldg./common) 57-48 47 total lots—48 38 37single-family residential;and 910 common lots. Phasing Plan(#of phases) Proposed as one(1)phase. Number of Residential Units(type 4848 37 total units—483433 single-family attached of units) townhome units and 4 single-family detached units. Density(gross&net) Gross—6-.24 4.94 du/ac.;Net—434 9.82 du/ac. Open Space(acres,total 3-18 3.72 acres total—2:84 3.4 acres of qualifying open [%]/buffer/qualified) space(or approx.35.6844.2%qualified according to the submitted open space exhibit)much of the qualified open space is the creek and landscape buffers Amenities 3 amenities—Climbing rocks for children,walking loop, and shaded picnic area. Physical Features(waterways, Tenmile Creek runs along the western property boundary hazards,flood plain,hillside) with most of its easement on this property.Portion of the property within the easement shows area of flood hazard. Neighborhood meeting date;#of September 8,2020; 1 attendee. attendees: History(previous approvals) N/A B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes Section VIII.H • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State Proposed access is from S. Locust Grove,an arterial. The Hwy/Local)(Existing and Proposed) proposed access is via a new private street and all internal roadways are proposed as private streets. Stub Street/Interconnectivity/Cross No stub streets are proposed due to site constraints. Access Existing Road Network E.Victory Road and S.Locust Grove Road,arterial streets, are existing with 2 travel lanes. Existing Arterial Sidewalks/ No Buffers Proposed Road Improvements No road improvements are proposed by the Applicant due to all abutting right-of-way to the subject site being scheduled for widening by ACHD. The intersection of Locust Grove and Victory is to be a roundabout in 2022-23 with Locust Grove Rd.being widened to 5 lanes north of the intersection and Victory Road being widened to 3 lanes on either side of the intersection by 2025. Fire Service • Distance to Fire Station 1.5 miles from Fire Station#4 • Fire Response Time Proposed development falls within the 5 minute response time goal. • Resource Reliability 77%(below the target rating of 80%) Page 2 Page 595 Item#25. Description Details Page • Risk Identification Risk Factor 2—Residential with hazards;current resources would not be adequate to supply service to this project due to nearby waterway if a water emergency were to occur. • Accessibility Proposed project meets all required access,road widths, and turnarounds. The project will be limited to 30 homes until the entire emergency access to Victory Road is constructed. Police Service • Distance to Police Station 2 miles • Response Time Estimated response time of 4.5 minutes(Goal of 3-5 minutes) • Accessibility MPD has no concerns with access into this development; the MPD can service this development if approved. • Additional Comments Between 8/1/2019 and 7/31/2020,MPD responded to 636 calls for service within one mile of this proposed development. The crime count on those calls was 79. Between 8/1/2019 and 7/31/2020,MPD responded to 30 crashes within 1 miles of this proposed development. West Ada School District • Distance(elem,ins,hs) No comments submitted. • Capacity of Schools • #of Students Enrolled Wastewater • Distance to Sewer N/A Services • Sewer Shed South Black Cat Trunk Shed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 13.98 • Project Consistent with YES WW Master Plan/Facility Plan • Additional Comments N/A Water • Distance to Water Services 0' • Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with YES Water Master Plan • Impacts/Concerns •See the attached water markup for more details; •Connect water main north to Victory Road; •At the end of Navigation Road provide a meter pit for a 1"service and a 4"sleeve to the northeast at the proposed edge of the future roundabout.This will be used for a future water service to the roundabout used by Parks for landscaping. 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IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 1�'� 01/29/2020 3/5/2021 Radius notification mailed to properties within 500 feet "1�'�20 01/26/2020 3/2/2021 Site Posting 11/ 02/01/2020 3/10/2021 Nextdoor posting 1�'� 01/26/2020 3/4/2021 V. COMPREHENSIVE PLAN ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) Medium Density Residential—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school,or land dedicated for public services. The proposed annexation area is an undeveloped corner of land with existing medium density development to its west and east across Locust Grove. Specifically, this parcel of land is at the southwest corner of Victory Road and Locust Grove Road. There is existing City of Meridian zoning to the west, east, and northeast located at the northeast corner of the same intersection. All existing development most adjacent to the subject site is zoned R-8. There is a large county zoned parcel directly to the north of this site that has not yet received development approval but has two streets stubbed to its western property line so no access will be taken to Victory or Locust Grove. In addition, its future land use designation is Low Density Residential(LDR)dictating that it will likely have less density than this site. The proposed land use of attached single-family residential, and townhomes would be a new type of dwelling in this immediate area and is therefore consistent with policies noted in the Comprehensive Plan for all residential future land use designations, including Medium Density Residential(MDR), to contain different types of dwellings. MDR, as noted above, also allows gross densities of 3-8 units per acre; the Applicant haste revised this project to reduce the number of units wi4 and is now proposed with a gross density of 4-.24 4.94 du/ac. Staff finds that the proposed project meets the density requirements of the Comprehensive Plan. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651IA.In order to ensure the site develops as proposed with this application, Staff recommends a DA as a provision of annexation with the provisions included in Section IX.A1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation.A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies(https://www.meridiancity.oi-glcompplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01 G). The proposed R-15 zoning and proposed land use of single family attached and townhomes would be a new dwelling type in the immediate area surrounding this development. R-8 zoning abuts the subject site to the south and west and across Locust Grove to the east. This policy, and the comprehensive plan, calls for a variety of Page 5 Page 598 Item#25. housing types in any one geographical area. So, adding 48 units of a different product type to the area shows congruency with this comprehensive plan policy. "With new subdivision plats,require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities"(2.02.01A). The Tenmile Creek runs adjacent to this property on its western boundary and the entirety of its 100'easement is located on the subject site. Because of this, the Applicant has proposed to utilize this area as a natural open space and place a 5-foot wide path adjacent to the easement. In addition, the Applicant is proposing sidewalks adjacent to the internal private streets with connections to the path along the creek and out to Locust Grove and Victory Roads. These connections create a continuous walking path through the development creating easy pedestrian and bicycle access within and out of the proposed development. Despite the Tenmile Creek qualifying as open space per the UDC, it is the majority of the proposed open space and is not an active open space area. The Applicant has not been able to enter into a license agreement with the irrigation district to beautify the creek but code Tees allawfer this watet=wtfy to notes that this is one of the waterways encouraged to be left natural. There are other small pockets of open space within this development that the Applicant has enlarged since the first Commission meeting that can accommodate active uses and the Applicant has chosen to place them throughout the project to encourage use by all future residents;e* an three of these areas is are large enough to be qualified open space(meets the 50'x 100' requirement). Despite the inclusion of a large area of qualified open space in terms of percentage of the site, Stafffinds theme revised project and reduced unit count utilizes the laeking in usable proposed open space more than the previous layouts and is in better alignment with this op -—icy. "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity"(6.01.0213).Due to the triangle shape of this parcel and its location being constrained directly by the Tenmile Creek and two arterial streets, strict compliance with this policy is not feasible. There are no streets (public or privates stubbed to this property and this parcel also cannot stub to any other parcel due to these constraints. The Applicant is only proposing one access for the development and is locating it as far away from the intersection as physically possible. Despite not being able to comply with this policy, Staff appreciates that only one access to an arterial is proposed. The access to Victory Rd. is for emergency access only. "Require all new residential neighborhoods to provide complete streets,consistent with the Transportation and Land Use Integration Plan."(2.02.01 Q. The Applicant is not proposing to construct complete streets with this development and therefore does not comply with this policy. Instead, the Applicant is proposing to construct private streets at their minimum standard width of 24 feet but with 5-foot attached sidewalk on en both sides of the street along the main access road, shown as Compass Lane on the submitted plans. Both ACHD and the Applicant believe private streets are the preferred street type in this development because there is no opportunity for road connectivity to adjacent parcels due to the site constraints outlined above. The Applicant is not required to construct private streets and public streets would be accepted by the highway district if proposed as compliant with their standards. However,public streets require more right-of-way than private streets and if this were to be constructed with public roads instead, a redesign of the project would be required and would likely result in a large reduction in building lots and usable land. "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is Page 6 Page 599 Item#25. provided." (3.03.03). The proposed development and use adhere to the vision established by the underlying future land use designation in that it should offer an additional housing option for the immediate area.Attached single-family and townhomes are permitted uses in the R-15 zoning district. In addition, all infrastructure extensions will be paid for by the Applicant and not the taxpayers. "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00). The proposed development is not like any of the detached single-family homes adjacent to the subject site and this distinction is encouraged in the comprehensive plan in order to offer different housing options at different price points and to different types of home buyers. The open space within the development has been improved by being larger than previous layouts and should also be more usable due to the Applicant proposing ten (10)fewer units than previously. may leave seniethiffg to be desired but In addition, the development has landscape buffers oth natural and otherwise) on all three sides of the development to minimize any conflict that may arise from having an attached product in an area dominated by detached single-family homes. IW addition,4The Applicant is also proposing only one access to the development which should help minimize traffic impact on adjacent streets, especially once the arterial network surrounding this development is widened and improved in the coming years. Staff finds this development to be generally consistent with Comprehensive Plan policies and objectives. VI. UNIFIED DEVELOPMENT CODE REVIEW A. Planned U-nit Develepmen4! The Applieant is r-equesting to eenstmet this subdivision as a Pimmed Unit Development(PU4)) in line v��UDG standards a-ad findings (UDG 11 7). PUD's have speeifie puTese statements, should also be, plied w 44; Stag analysis; in 4 ie-s• A. The pwpese of the planned tmit develepmen4(PUD)r-e"ir-emeats is to provide 1. Preserves > ; The,4pplieant is ehoosing to leave th&watemmy in its natural state to preserve ks 2. Allows for-iaaeva4ive design tha4 er-ea4es vistially pleasing and eehesive pa#efas e density gf eamr than 8 units per aetw 6WPoximately 13 dmWe) after orea is property boundary of the subjeet site is made up of the Tenmile Creek and&easement. ereek easement to be non buddable and should be removedfrom the density eakula this design mquhwment-. The net density is higher than that of the immediakly sHtweHnding neighborhoods beeause of M&but the site jpffl be buffered on all three s mitigate a presented by the h4gher densitr. — Page 7 Page 600 Item#25. As presented-, the overall site deskn &laeking in innovation, in Staff-S 6pMion.AH of t tinit-s ore garage dentinate jMic-h does not meet thePLD staif Ms. However-,Staff ha sethaek request only appheable to five(5) units instead of 47 and agoo,these units to be pushed baek towards the stmet with a rear sethaek of no kess than ;Sfeet-, as o9owed in the R TS zoniffg distrietfor alley loaded units-. Seeondly, ottee these Hnits beeonte alley loaded-, they shouldf-pont on the internal nder-o path that is already proposed behveen the development offeiing more than adequate pedesWan aeeess to the at"al sidewalk nmpork that wig be in plaeefogowing the eonstruedon of the roundabout. 94th an additional hoHsiffg type in the development, theAppUeant meets this objeet&e by bei.n.Ig innovative in the PUD request and ovepaU design. In essenee, the proposed open sp- aee-. • 3. Creates funetionally integfated development that allows for-a mofe efficient and cost the reqHii-enienf to offer adequate vehieHlar aeeess to the site. As if oted-, the eonstrahit*severely lintit the point of aeeessfor this development to the one loeation he. However-, this inter-seetion should be eonstrueted and improved with a multi these improvements are eomplete, this development should befunedonalty bitegmted Wo > > AppUeant�s intent oFfitnetion to do this on�y to have a largeF home on the proposed lotS.- AppUeant states that this sethaek mlief is needed to pmvide the innovative produet t"e, Staff above, th&iwquest isfurffier diminished beeause it would only apply to Lots 2 it is if ot Bl^ The standards pr-eser-ibedwithin the PUP eode are as follows; Staff analysis is in itaues: A. Gener-al Use Staiidafd&-. Page 8 Page 601 Item#25. 1. Deviations Ffofn Under-lying Distfiet Re"ir-ements: Deviations ffofn the development Regnia4ionsDistfie , ef this title may be appr-eved. The e*eeption is that along the pefiphefy o t4e planned development,the applieable sethaeks as established by the distfiet shall Hot be ppUeon > > 3. Wer-eenneeted Uses: The uses wi"n the plamed unit development afe inter-eemee thfongh a system of r-eadways andler-pathways as appropriate. Private streets a-ad sef-viee " " state, , of this paths-.However-, the amount of usable open spaee and housing opes jpAbi M subiUvision ean be inereased if the eentm!units front on the iniero path as reeommended by Staff ab~. This fider-o poth. am.-gild th efe bepor4 of a mew and 6OW mor,eusable opeft spoee, aft additional housing ope hi thefor-fit of ofley loaded homes-, and more ekor pedestrian eonneedon to Loemst Grove. Smfffmik this pr*et to be 4. Building Clusters. Buildings shall be eluster-ed to pf:esen,e seenie er-envir-Effliffiefitall sensitive areas in the nattffal > fRefe beeome agey loaded andf-pow on a mew as reeommended by Staff, usable open spae B. Pf:iva4e Open Spaee: in addition to the eommon open spaee and site amenity rv"ir-emen nRepla4ieas Applying Te All n ef eighty(90) squafe feet of pr-iveAe,usable open spaee shall be pr-A-AAddedd e-ol f:esidepAial unit. This r-equir-emefft ean be satisfied through >patios, deeks, an show eompHonee with this standard by gmphieoMy depiedng the dimensions qj4h Page 9 Page 602 Item#25. QResidenfia4 Use Standards-.- nDistfiet n title,multi family d-wellings may be an allowed tise when approved thfetigh a plafmed tinit. 2. Housing T5Tes: A vaf:iety of housing types shall be ineluded within a single p1mme develepmen4> > homes)> > the site,provided th4 the over-all deasiVy limit of the distfiet is Maifi�aified.As He theApplieant needs to inelude an additional housing type that is more dominant than 12 units of difftrent type than the garage doininated townhemes eumendy proposedL. Ilowever-, if Commission and4or Couneil deter-mine otherwise,Staff reeommen-1- types in this developinent-. 3. Density Femiula: Residential densiVy in a planned develepmen�shall be ealeuWed by leeated. There are no non residentialusesproposedwith this development but beeomes 8.6 dm4ie-. This is above the agowed g-poss density of the underlying Ftuwe use designation but Staff is onlyusing this ealeulation to show eonip- Manee with th 4. Density Bemis: A fesideafia4 density benes may be given fer-dedieatiens ef land fe publie use sueh as >padE, than,fire station or-fvef:eatiefial f4eility provided to the publie entity by dena4ien or-at a eest less > example, if ten per-eefA for-that!a-ad. The beftes shall be pr-epet4ieaa4 to the ameunt of!a-ad being dedieated. Fe shall be ten per-eent ) of the total pr-epei4y is being dediea4ed,the density befffls ). However-,in no ease shall the beaus exeeed twepAy f4ve per-eepA reeontinended by Staff. B. Private Streets/Access: Access for this development is proposed via a private street connection to S. Locust Grove in the southeast corner of the site aligning with E. Coastline St. on the east side of Locust Grove(the access into Tradewinds Subdivision). All private streets appear to meet UDC dimensional standards for width,number of units,and turnarounds. Because the site is a triangle shape, bordered on two sides by arterial streets and on one side by the Ten Mile Creek, there is no opportunity for connectivity to any adjacent site and so ACHD prefers private streets within the development. Consequently, because private streets take less right-of-way than public streets and most notably because of the constraints just noted,-i the Page 10 Page 603 Item#25. Applicant agrees with this assessment and has proposed private streets throughout the development. City code requires that private streets are to be used in either a mew or gated development and so this Applicant has proposed neithe to construct a gated entry into the development with the revised layout. beeente alle�, loaded garages eff ef the prhwte street by requesfiffg to elintitiate the required P-rivate Street standards. The access point into the development does not meet ACHD district policy but they are modifying their policy to accommodate access into the development because this is the best place for an access to a residential development. This is largely because of the site constraints already outlined above. The Applicant is proposing to construct private streets that are 24'wide with S' attached sidewalk on one both sides of the main private street t f fug'out the r,,eje t and on one side of the other two private streets within the development. Staff supports the proposed men of-the sidewalk layout eH ones to ensure adequate pedestrian access in the development except Staff believes an additional pedestrian connection to Locust Grove is necessary from near the center of development. Since the Commission meeting the Applicant has also revised the street layout to have the main street bend and meander through the site. This design offers some natural traffic calming and also changes where setbacks are taken from because setbacks are measured from the back ofsidewalk. On the submitted site plan (Exhibit VIII.E the Applicant has not appeared to take full advantage of these varying setback lines. Therefore, Staff is recommending a condition of approval that the Applicant vary the build-to-lines throughout the development to eliminate any monotonous wall plane; this should occur with every other structure showing a different wall plane. At the north end of the main street within the development(labeled as Compass Lane on the landscape plans) the Applicant is proposing an emergency only access to Victory Road. This access is required if more than 30 homes are to be constructed. Staff is not aware of the kind of emergency access proposed but Meridian Fire prefers bollard type accesses for added efficiency in emergency situations;Meridian Fire has approved the requested preliminary plat for fire access, turnarounds, and road widths. Page 11 Page 604 Item#25. Near the center of the development the Applicant is showing a hammerhead type turnaround because that dead-end street is longer than 150'and therefore is required to have a turnaround for emergency vehicles. Since the hammerhead does not take up the full length of a buildable lot, the Applicant is proposing the rest of that lot to be a small area of open space. rW'' � reeemmendations.diseus-s-ed in the PUD ana4wis, this eufarffit4,small open&paee area wou beeentepartef the larger eemmen open Vaee niew let, Further analywis is belaw in the Open To remove the need for this hammerhead and the incentive to use this turnaround as parkin spaces, Staff recommends revisions to this area of the site. The Applicant should connect the two private streets shown as Galileo Road and Navigation Road along the eastern property line, as shown below. This requires the applicant to remove two building lots and revise I e the plat and all other plans to show this connection. However, if these two roads connect, there is no need for the hammerhead turnaround and the small proposed open space area at its terminus and the Applicant could then add a unit to that lot resulting in a net loss of one unit. Staff finds that this recommended revision makes for a more complete road network and allows better circulation within the site for both residents and emer eenncy services. As noted, the Applicant is now proposing to construct this development as a,gated community to meet the Private Street Standards. According to the revised preliminaryplat, the Applicant is proposing the gate to be located approximately 130'into the private street access and after a set of guest parking�spaces. Staff appreciates the desire of the Applicant to add additional guest parking but these parking spaces should be removed in lieu of a turnaround area so that anyone who may pull into this private road on accident has the ability to turnaround safely. This is needed because private streets are too narrow to safely turnaround within its 24 feet of right-of- way. The Applicant should remove these 3 guest spaces and show a turnaround area in this area instead. Page 12 Page 605 Item#25. C. Existing Structures/Site Improvements: There appears to be an existing home on the propertyi an&this building will be demolished at the time of development, according to the Applicant. There are no other site improvements known at this time. D. Proposed Use Analysis: The proposed use is attached single-family and townhomes which are listed as principally permitted uses in the R-15 zoning district per UDC Table 11-2A-2. There is one are four detached units proposed and a better mix of duplex and triplex style townhomes shown on the revised plans for elesest to the eflA n-e-e or the development. As discussed in the comprehensive plan section above, the proposed use of attached single-family homes would be a new type of residential use within almost a square mile in every direction of this development. So long as the Applicant complies with the recommended conditions of approval, including those regarding the road layout Staff finds that the proposed use will be a welcomed addition to the City of Meridian and add more housing options in this area of the City. E. Dimensional Standards(UDC 11-2): The proposed lots and the private streets appear to meet all UDC dimensional standards per the submitted preliminary plat. This includes property sizes,required street frontages,and road widths for the requested R-15 zoning district.Note: The City of Meridian does not have maximum lot coverage or floor area ratio requirements so proposed homes can theoretically more living area than proposed lot area or be close in area. proposed la�q withiH the subdivisien. This is the only i�equest the ApplieaHt is makiffg that w adjust Me required dimeHsieHal staHdap6k. #t-hePLD request is appreved-, theH all lets will In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards (UDC 11-6C-3).Stafffinds the proposed project meets these standards. F. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family detached and attached dwellings based on the number of bedrooms per unit.Future development should comply with these standards.No parking plan was submitted with the application. The proposed street sections(23 24 feet wide with attached sidewalks) of the private streets within the development,shown on the submitted preliminary plat, CANNOT accommodate parking on either side of the street. The entirety of the private streets will be required to be labeled as "No Parking,"per the Meridian Fire recommendations. Each unit will be required to meet the off-street parking standards and Staff encourages the developer of this site to include provisions within their HOA bylaws that prohibit garages being used as storage. This would help alleviate some of the parking issues seen throughout the City and especially in areas where no on-street parking is allowed. The PUP-Site Map submitted by the applicant appears to show compliance with the parking standards with a two-car garage for each unit and a parking pad. weuU lose their j9af*iffgj9ad through a PUD request to elintinate that requireniew as allowe Page 13 Page 606 Item#25. This weuk4 eliminate sente 19a4dng in Me subdivision but Me,�ppfieant is also Jqr-epasing to eens-truet gues-t1ga4ing eff the main private street in three areas ef the develepment te tetal 12 addifienal spaees. Staff is ameHable te using some e)4he ether sniall epeH spaeeI9eeketsfiW The Applicant is also showing guest parking along the main private street to total 9 additional parking spaces (does not include the 3 spaces outside of the entry gate that Staff is recommending be removed in lieu of turnaround area). Lot 3, Block 4 is proposing 6 guest within an open space lot that is not quali Being because it combines remnant areas that Staff does not find meets UDC open space standards. Because of this, Staff encourages the Applicant to add additional guest spaces in this area to better utilize the area. G. Pathways (UDC 11-3A-8): No multi-use pathways are proposed or required with this development because the required multi-use pathway is already constructed on the west side of the Tenmile Creek on an adjacent parcel. This Applicant is proposing a 5-foot wide pathway on this side of the creek and behind the proposed homes. This pathway connects to the private streets at the southern end of the project and thru the common open space lot located midblock on the west side of the site. This pathway also continues north and connects to the required sidewalk along Victory Road creating continuous pedestrian circulation path for the development. 'addifien, t ^ppli nt - Leeust Greve. Thig path z9heuld be kept and ineluded within the i�eeemmended mew te sei=�v aS H. Sidewalks(UDC 11-3A-17): Five-foot attached sidewalks are proposed along at least one side of all internal leea4 rb ivate streets. Sidewalks are not required when constructing Private Streets. There is no existing sidewalk along Victory Road or Locust Grove;and none are proposed with this project because both arterial streets are scheduled to be widened as part of the roundabout project at this intersection in 2021-22, according to ACHD, as stated above. Detached sidewalks are required along arterial roadways per UDC 11-3A-17. The Applicant has already agreed to dedicate additional right of way to ACHD for the roundabout and future widening of Victory and Locust Grove.ACHD is requiring the Applicant to road trust for the sidewalk improvements as the roundabout and associated improvements will likely be constructed prior to construction of this site. In addition, this will ensure any improvements made by the Applicant will not have to be removed to make the planned roundabout improvements. Therefore, Staff is recommending that the Applicant comply with the ACHD conditions of approval for the arterial sidewalks instead of constructing them with this project. As discussed, the Applicant is proposing 5-foot attached sidewalks on at least one side of the internal private streets to accommodate better pedestrian access through the development. Staff recommends that 4es-e all sidewalks and every expected pedestrian crossing be constructed with pavers, stamped concrete, or similar to clearly delineate the sidewalks from the driving surface and to subsequently help with pedestrian safety. In addition, Staff is recommending that with the recommended road layout changes the Applicant add an additional sidewalk connection to Locust Grove to improve pedestrian accessibility to the arterial sidewalks. Page 14 Page 607 Item#25. I. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to E.Victory and S. Locust Grove because they are arterial streets. This buffer should be landscaped per the standards listed in UDC 11-3B-7C and placed into a common lot that is at least 25-feet wide. In most cases this common lot should also contain the detached sidewalk required along all arterial roadways but in this case the sidewalk abutting this site will be built with the ACHD roundabout project. The submitted landscape plan and preliminary plat depict a 25 foot wide landscape buffer; the correct number of trees appear to be shown on the submitted landscape plans (see Section VIII.C). However, there is no landscape calculations table as required by code. The Applicant shall be required to submit revised plans that include a calculation table depicting the linear footage of the landscape buffers, the required number of trees, their common name and their scientific name, the class of tree, and the dimensions of the tree canopy at maturity; each type of shrub proposed to be used should also be included in the calculations table. stems-ftem theApplieantprepesing the water atid sewer mains near4,20feet apart within t right of way dietadffg that the everall easemetit width will etiereaeh inte theficent yatW-s ef t the submitted latid-seape 191wis ean be eetisti, feted Z-.-th e leeations shown OR revise the 19repas water and sewer main laeations.to alleviate this issue by faeAeing the everall wid4h of A easentent. Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E. The total square footage of common open space is not included because there is no Landscape Calculations table on the submitted landscape plans demonstrating compliance with UDC standards. However, Staff can graphically see that the open space lots are vegetated according to UDC standards. Still, the Applicant will be required to add a calculations table with the recommendation noted above and revise the landscape plan to show the addition of the mew between Lots 2-14, Block 2 as recommended by Staff. The proposed pathway located behind the homes and adjacent to the Tenmile Creek is also required to be landscaped with a tree every 100 feet per UDC 11-3B-12. However, the Applicant did not include a 5-foot wide landscape bed on either side meant for the required trees. The Applicant will need work with the irrigation district to obtain a license agreement to include at least S feet of landscaping on one side of this pathway. Otherwise, the Applicant will need to apply for Alternative Compliance with the Final Plat submittal so show an equal or better means of compliance with this requirement. J. Qualified Open Space (UDC 11-3G): A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required. According to the property size of 7.69 acres,the Applicant should supply at least 0.77 acres of qualified open space, or approximately 33,500 square feet. The applicant is proposing IM91 acres of open space,of which 2-.84 3.4 acres is shown as qualifying open space on the s4mitte revised open space exhibit(see Section VIII.D). Some of the area listed as qual,fying open space by the Applicant does not meet UDC standards due to their size not being at least 5,000 square feet or being near the 50'x 100'dimensions. Once this area is removed, the qualified open space proposed is 2.6897 acres, awn -&n '.��; the Applicant should revise the open space exhibit to correctly label the qualified open space removing Lot 23, Block 1, Lot 1, Block 2, Lot 4, Block 3, and Lot 3 Block 4. Page 15 Page 608 Item#25. The open space for this development is vastly made up of the Tenmile Creek easement(2.12 acres) and the arterial street buffers (19,281158 square feet of qualifying area).All of this area is qualifying but the Tenmile Creek will be left natural(no improvements)and will be a buffer and more of a visual amenity than usable open space for the development. Abutting the creek and generally mid-block, the Applicant is proposing an open space lot that is approximately 5,4-30700 square feet. This open space lot contains one set of the amenities and a micro path that connects the private street to the pathway along the creek. This open space lot and micro path offers a clear connection to one of the at her miere aMs in the development t a' the attached sidewalks throughout the development and an additional open space area centrally located within the development. mew beAfven Lots ' 14, Bleek '. In general, the Applicant has increased the usable open space areas throughout the site following the Commission's recommendation of denial and comments regarding a desire to have more usable open space. With the reduction in unit count and additional centralized open space, Staff finds the proposed open space not only in excess of code requirements but also an improvement from previous layouts. K. Qualified Site Amenities (UDC 11-3G): Based on the area of the proposed plat, 7.69 acres, a minimum of one(1)qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. The applicant has proposed four(4)qualifying amenities in multiple locations: gazebos, seating around small plazas, climbing rocks, and walking paths. The proposed amenities exceed the minimum UDC requirements and Staff finds them to be applicable for a community of this kind due to the variety of activity levels they can accommodate. L. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is shown on the landscape plan along the subdivision boundary and around the central open space lot along the western portion of the site but no other fencing is shown.Fencing shown next to any open space shall be open-vision or semi-private fencing per UDC requirements. According to the Applicant, the exclusion of fencing between homes is purposeful despite the homes being a for sale product. The Applicant intends for the open areas between homes to be a more shared space than what is normal within a subdivision. to ff'Y r..,,,m,iena Lien.to inehide Fencing is not required in these areas so Staff has no conditions regarding this. However, there should be open-vision fencing along the western edge of the pathway adjacent to the Tenmile Creek to ensure the safety ofpedestrians, especially children. Staff is recommending a condition of approval to show this additional fencing. M. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted sample elevations of the attached,triplex, single-family homes for this project(see Section VIII.F). The submitted elevations show all two-story attached structures with two-car garages and ldeiifiea finishing materials of wood and stone. In addition, the elevations show modern architecture designs with shed roofs, second story patios with glass railings, and stone accents that go the full height of the proposed homes. Staff has also not received elevations for the effe Page 16 Page 609 Item#25. detached homes but detached homes do not normally require design review; if the Commission or Council determine design review is needed for these detached units, Staff recommends an added condition to require the entire property obtain design review as a blanket condition. nor one duplexuni However, attached single-family homes require design review approval prior to building permit submittal and at that point, Staff will ensure compliance with the Architectural Standards Manual. The submitted elevations for the townhome units appear to meet the architectural standards but with the design review application for the site, the Applicant will be required show additional styles and colors for these units. In addition, Staff recommends the Applicant provide a different design for the units fronting on the recommended mew. VII, DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement, and the preliminary plat, and p1mmed tMit developffle with the conditions noted in Section VIILA per the fmdings in Section IX of this staff report. The Director has approved the private street and alternative compliance applications. B. The Meridian Planning&Zoning Commission heard these items on February 18,2021.At the public hearing,the Commission moved to recommend approval of the subject Annexation, Preliminary Plat, and Alternative Compliance requests. 1. Summary of Commission public hearing: a. In favor: Steve Arnold,Applicant Representative; b. In opposition: Rhonda Unruh,neighbor; Stan Unruh,neighbor;John Buckner,nei hg bor; Julie Edwards; Galen Mooso,neighbor; c. Commenting: Steve Arnold, d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s) public testimony a. Density of project and additional traffic that would be added to the adjacent intersection and streets; b. Does the project comply with the comprehensive plan in that it is a different b Te of residential than the surrounding residential area; c. Proposed density is high-density residential when adjacent neighborhoods are not—in fact,the proposed project is not high density according to the City's definitions and comprehensive plan. 3. Key issue(s)of discussion by Commission. a. The density of the revised project following the loss of 11 building lots; b. How do the latest revisions(showing staff's recommended changes) affect the project; C. Clarification on how the project meets the Private Street findings; d. Review of the changes that have occurred followingthe hginal recommendation of denial by the P&Z Commission; e. Staff s level of concern with the Applicant's recommended changes to the conditions of approval; f. Timeline of the ACHD roundabout and road widening projectsbeing sooner than previously anticipated. 4. Commission change(s)to Staff recommendation: a. Modify Conditions VIII.A.Le and A.3.f to strike"sidewalk"from those conditions; b. Add additional guest parking spaces along the common areas; Page 17 Page 610 Item#25. c. The Applicant work to provide an easement for a fixture mass transit stop along its perimeter. 5. Outstandingissue(s)ssue(s) for City Council: a. A few of the conditions of approval regarding the preliminary_plat and landscape plan were not revised and presented to Staff at least ten(10)days prior to the Council hearing—However,the remaining issues can be handled prior to submittal of the Final Plat. C. City Council: To be heard at fixture date. Page 18 Page 611 Item#25. VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map a DAVID EVANS AND ASSOC I ATES INC DESCRIPTION FOR COMPASS POINTE SUBDIVSION REZONE&ANNEXATION The following describes a parcel of real property lying within the Northeast Quarter of the Northeast Quarter(NE1/4 NE1/4),Section 30,Township 3 North,Range 1 East,Boise Meridian,City of Meridian, Ada County,Idaho being more particularly described as follows: BEGINNING at the northeast corner of said NE1/4 NE1/4;Thence,along the east boundary line of said NE1/4 NE1/4,South 00'14'11"West,1070.48 feet; Thence,departing said east boundary line,North 30"12'47"West,1235.02 feet to the nortFi boundary line of said NE1/4 NE1/4; Thence,along said north boundary line,North 89'42'20"East,625.91 feet to the POINT OF BEGINNING, containing 7.69 acres more or less. l �w F 0 13 x sF r a 1oP e� P.SULL��P Page 19 Page 612 Item#25. 625.91 n89°42'20"e Title: Date:05-19-2020 Scale: 1 inch=200 feet File:COMPASS POINTE SUB REZONE ANNEXATION.des 'tract 1: 7.690 Acres: 334998 Sq Feet:Closure—s72,0359w 0.00 Feet Precision>1/999999: Perimeter—2931 Feet 001=00.1411w 1070.48 003=n89.4220e 625.91 002=00.1247w 1235.02 Page 20 Page 613 Item#25. EXHIBIT MAP OF COMPASS POINTE SUBDIVISION RE—ZONE & ANNEXATION A PORTION OF THE NE 1/4 OF THE NE 1/4 OF SECTION 30, T. 3 N., R 1 E., S.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2020 E VICTORY RD N $9'42'20" E 625.91'7h PLS 8444 NE COR, SEC. 30 FOUND 1/2 REBAR FOUND BRASS CAP 28.95' WC I \ I 00 p O w� 2 � 7 O �p 7.69 ACRES± I O a o N. I FOUND 5/8 REBAR ILLEGIBLE 1"=200' DAVID EVANS o _ Q ANoASSOCIATES INC. a 1 4 6 ,u O 9179 W Black Eagle Dr 4p D Boise Idaho 7 ° Phone: 208-585-5858 s'tc9 F F►oP�e� qNP SU1L�`1P Page 21 Page 614 Item#25. B. Preliminary Plat(dated: 4 4 Q/2020 4/2 t�2 2/18/2021)IJQJ A jD1212 03,TED j_j H LU 2H. T A Mid -"M \\`/�� `\�� - �� / /-gyp i, �I III WO \ \ \ 'N H "—RUH Page 22 Item#25. C. Landscape Plan(dated: „12 i2020 12 242 2/18/2021)NOT APPROVED jw o ,x , I \ \ '\ \ 1 ----- ---- Page 23 Page 616 Item#25. D. Open Space Exhibit(dated: „ 102i2020 12 02 2/18/2021)NOT APPROVED x 0 — � f F � y F- or U \ w N ° z am \ \F \F w � ❑ \ w d O = Of z O _ �a O -- U Page 24 Page 617 Item#25. E. Site Plan—"PUD Map"(dated: 1 1/02,120201,1244242472/18/2021)r"O'F ADII)DONTE—D a z 7 q F I F V t il L-I I A I \C �\ \ J\ �� ` z�u 3' N up I'A Page 25 Item#25. F. Conceptual Building Elevations WHITE CLOUD COLOR OPTION 1 - F' `4V'� STtDICS .�s ....._..��,..... MORE. w ll LL x�aw O Rm�� COLOR OPTION 7 - _ -- - - —RF'm 42 Q _.... .... ... .._ z7_7:3O 0 K U COLOR OPTION 9 Mn COLOR OPTION 447:1- 1p 3a f u3 AhTeAMrm ■ n�v u.- COVER SHEET ■ - . tee WHITE C—D sTUDios ® ® LL X�(;w j mal �a N-_�tK a��W F �W u m r. ELC4*101110-11 111111 VAYIONe Page 26 Page 619 Item#25. WHITE GLO'Jn STucaos COMPASS POINTE CONTEMPORARY MODERN aoT.aE.�E.o 2 BEDROOM 2112 BATH DUPLEX DUPLEX M�.s°.� 1689 50 FT W o' - z }} }; IL Q r } U i Telm _ E WHITE GLOWP STUDlor — W _ 1 U ELEVATK** C;a'=,�a� s Page 27 Page 620 Item#25. WHITE CLOUD STUDIOS COMPASS POINTS COLOR OPTION 1 3 BFDROOM 2 112 BATHROOM - 1951 90 FT 2 BEDROOM 2 112 BATHROOM TRIPLEX - Ia55 SQ 1=T _ w 0 WWo aY �� TAN 5TUOG0 SIDING- L Q 'n Z QJ Q I �r Lkr} r Cs --1 SAnE LAP 9iDIN } ' 111 uLU of LEDGE9TONE ROCK tL- u. I" cove SWEET WHTE CLOUD 5TUDI05 - - _ _ - - - _ L:3- ----- d)J Q Lb'p OOP U -- - - -�1 �1 - 3W- - Li P •w. ,.�,w "4 t ELEVATbNB AA 201 u Page 28 Page 621 Item#25. WHITE CLOUD STUDIOS GOMPA55 POINTE GONTEMPORY MODERN 3 BEDROOM 2 1/2 BATHROOM DUPLEX Me 5Q FT. W - o OfjW 0 0 TEPM covm B"m 0�30> u1HITE GLOIIn sruvlos O iU O - m.o� z27 m z fj�}W U �. .. .-• ; TEAM sELEYAYION6 Page 29 Page 622 Item#25. IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the approved Preliminary Plat,PUB NUpailte Plan,Landscape Plan,and conceptual building elevations for the development, especially the attached single-family dwellings, included in Section VIII and the provisions contained herein. b. The Applicant shall comply with the ordinances in effect at the time of application submittal. c. Direct lot access to E.Victory Road and S. Locust Grove Road shall be prohibited. d. The entire frontage improvements along E.Victory Road and S. Locust Grove Road shall be completed with the first phase of development except for the required sidewalks,per the conditions of approval by ACHD. e. All sidewalks an pedestrian crossings within the subdivision shall be constructed with pavers, stamped concrete, or similar to clearly delineate the pedestrian pathways throughout the development and to add to the character of the private development. f Lets 2 1 1�leek 7 h ll ha-y dueea t .1 t 1 de � xzvrrz x�,vxocxc z�xxaxx nay�i caucca�'a'r ci�3�ra�3crar z6 �xxc ua�6�3 y'-c c r-equir-ed twe (2) gar-age spaees per-the Planned Unit Development fequest. 2. The Appheant shall revise their-Planned Unit Development request to! 1)r-edttee the lots being asked for-a r-ear- yar-d sethaek relief--,2)request an elimina4iea of the pafk4ng-pad requirement of the eg sb-7eet pafking sta*dar-ds(UPC 11 3C 6) for-Lots 2 >Bleek > and 3) ineltide a mew a4 least 20 feet wide between these lots to meet the PUD a-ad Private Str-ee sta 3. At least ten(10)days prior to the City Council hearing,the preliminary plat included in Section V111.13, dated 1111/�201/21/2021, shall be revised as follows: a. Revise note#4 to list the building lets thM have a r-edueed feaf yafd setback per-the PUD request(Lets 2 6,ul,,e" b Devise the..1,t to remove the guest arks outside of the gatedent and instead d ;,.t t,,.-.a-,,,,.,,] area. s1, Lot^71> as ow .T2leek 2 Tot 4>-Ble k 2 to e at labeling mistake e. Revise the p14 to show Galilee Read and Navifgatiea Read eemeet in the area sheNN%as- Lets 7 & 9,Bleek 3. show Lets 2 14 as alley loaded homes tha4 front on the eepAr-al mew between them eemmenstwate with the revised PUD r-e"est. Page 30 Page 623 Item#25. d. Revise the pleA to show et 4 ge-k 3 as-a buildable lot instead of a ee Q c T2leek 2 as .,t least., 20 feet wide conmmon lot oat;,,..., fnew a-ad,.e taro, g the proposo,l m path. e. Revise the pW to show the removal addition of the�we additional a pathway ewmeetion ..,1 south of the miefe path leeated i the mew between Lets i 2 1 A 1?leek 7 o ea ee , f. Revise the plat to show all si,lo....,lks an expected pedestrian crossings to be constructed with pavers, stamped concrete,or similar to clearly delineate the pedestrian pathways throughout the development and to add to the character of the private development. g. Show additional guest parking on Lot 473,Block 24. 4. At least ten(10)days prior to the City Council hearing,the landscape plan included in Section VIII.C,dated 1111/�201/21/2021 shall be revised as follows: a. Include a landscape calculations table that includes the following information at a minimum: the linear footage of the landscape buffers,the required number of trees,their common name and their scientific name,the class of tree, and the dimensions of the tree canopy at maturity; each type of shrub proposed to be used should also be included in the calculations table with the same accessory information as is required for the proposed trees. b. Show open vision fencing on the west side of the pathway abutting the Tenmile Creek; all fencing shall comply with the standards listed in UDC 11-3A-7. c. ; !a-adseape ealeWations shall also be r-efleeted in the ealeiila4iens table. d. The ApplieafA shall gr-aphieally depiet the vegetation oft the submitted!a-ndseape plans ea-a be eenstmeted in the leeal4ens sheNN%OR revise the-proposed w4er-and sewer-Mai leeatiens to a4leviate this issue by fedtieiag the ever-all width of the iftility easement. e. Show the required landscaping on the western side of the pathway abutting the Tenmile Creek per UDC 11-3B-12. 5. , open spaee per-the standards in UPC 11 3 6 3 a-ad per-the r-evisiefis r-eeeffiffleaded by Staff-. 6. Future development shall be consistent with the R-15 dimensional standards listed in UDC Table 11-2A-7 for all buildable lots the PUP r-equt-A. 7. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit_exeept fer 8. The Applicant shall comply with all ACHD conditions of approval as noted in Section IX.H. 9. The Applicant shall work with the Nampa-Meridian Irrigation District to obtain a license agreement to include a 5-foot wide landscape strip and the required landscaping(including trees)per UDC 11-3B-12 prior to applying for the Final Plat application; IF the Applicant can prove this agreement could not be reached,the Applicant shall apply for Alternative Compliance at the time of Final Plat application submittal for the required landscaping. Page 31 Page 624 Item#25. 10. Administrative Design Review application is required to be submitted and approved prior to submittal of any building permit applications for single-family attached dwellings as applicable. 11. A miaiffmm of 90 squafe feet of private, unit;this r-equir-emen4 ean be satisfied thfough per-ehes,patios, deeks a-ad efielesed yards a €or4'� in T� 117 4B. Future homes along the proposed"Compass Lane" shall provide variation in building setbacks to provide for an attractive streetscape; a master-plan depicting varying building setbacks shall be submitted with the required design review application(s). 12. The Ten Mile Creek that resides along the western boundary of the subject site shall be protected during construction. 13. The Applicant shall comply with and maintain all applicable standards for the proposed Private Streets as outlined in UDC 11-3F. 14. "No Parking"signs shall be erected on both sides of the private streets throughout the development; coordinate with Joe Bongiorno of the Fire Department if you have any questions regarding this condition. 15. The proposed develepment shall have a t:edtteed r-eaf yafd sethaek ef ne less than ten(10) feet for-Lots 1 6, Bleek 3 per-the Plamed Unit Develepmen4 r-e"est. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Connect the Compass Lane water main north to the water main in Victory Road. 1.2 At the end of Navigation Road,provide a meter pit for a 1"service and a 4"sleeve to the northeast at the proposed edge of the future roundabout. This will be used for a future water service to the roundabout for landscaping. 1.3 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A streetlight future installation agreement will be required for the streetlights on Locust Grove and Victory. Locust Grove and Victory are scheduled to be improved by ACHD and streetlights will be installed during the improvements. Contact the Transportation and Utility Coordinator for additional information. 1.4 The geotechnical investigative report prepared by SITE Consulting, LLC dated April 6,2020, indicates some specific construction considerations and recommendations. The applicant shall be responsible for the strict adherence of these considerations and recommendations to help ensure that homes are constructed upon suitable bearing soils, and that groundwater does not become a problem with home construction. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Page 32 Page 625 Item#25. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B.Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. Page 33 Page 626 Item#25. 2.12 Applicant shall be required to pay Public Works development plan review,and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT(MFD) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=216616&dbid=0&repo=MeridianC ky Page 34 Page 627 Item#25. D. POLICE DEPARTMENT(MPD) https:llweblink.meridianciV.org/WebLinkIDocView.aspx?id=216663&dbid=0&repo=MeridianC ity E. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE https:llweblink.meridianciU.ore/WebLink/Doc View.aspx?id=216459&dbid=0&r0o=MeridianC ky F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=216673&dbid=0&r0o=MeridianC iv G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=216532&dbid=0&r0o=MeridianC fty H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=217090&dbid=0&r0o=MeridianC Ry X. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Commission finds the proposed zoning map amendment to R-I5 and proposed residential uses are consistent with the Comprehensive Plan, if all provisions of the Development Agreement and conditions of approval are complied with. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Commission finds the proposed zoning map amendment will allow for the development of single-family attached homes which will contribute to the range of housing opportunities available within the City and especially in the area immediate to this site, consistent with the Comprehensive Plan, and the purpose statement of the residential district. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Commission finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Page 35 Page 628 Item#25. Commission finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Commission finds the proposed annexation is in the best interest of the City per the Analysis in Section VI. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Commission finds that the proposed plat, with Staffs recommendations, is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan analysis and other analysis in Section V and Section VI of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds that public services will be provided to the subject property with development. (See Section IX of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section V4-IIX for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, Commission is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis and approves of the project with specific conditions of approval relating to the scheduled road improvements adjacent to the subject site. 6. The development preserves significant natural,scenic or historic features. The Applicant is preserving the Tenmile Creek that resides on the subject property; therefore, Commission finds the Applicant meets this finding. C. Private Street Findings: In order to approve the application, the Director shall find the following: 1. The design of the private street meets the requirements of this Article; Page 36 — Page 629 Item#25. The design of the proposed private streets complies with the standards listed in UDC 11-3F- 4. See analysis in Section VI for more information. 2. Granting approval of the private street would not cause damage hazard,or nuisance, or other detriment to persons,property,or uses in the vicinity; and Staff does not anticipate the proposed private streets would cause any hazard, nuisance or other detriment to persons,property or uses in the vicinity if they are designed as proposed and constructed in accord with the standards listed in UDC 11-3F-4B. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan despite needing Alternative Compliance for its connection directly to an arterial street. With the constraints detailed and analyzed for this development, Staff finds that local street access has been provided via a private street. 4. The proposed residential development(if applicable)is a mew or gated development. The Applicant is proposing to construct the residential development as a gated community and so, Staff finds this development in compliance with this finding. D. Alternative Compliance: In order to grant approval for alternative compliance to allow Private Streets directly off an arterial,the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR Access to this development is provided by a private street and the UDC restricts access to both Victory Road and Locust Grove Road, arterial streets. There are no available local street connections to the subject property due to it being a triangle shape bordered on two sides by arterial streets and the other by the Tenmile Creek. Because the property is not served by public local street streets and any public street would not be able to be extended to any adjacent property, the Director finds strict adherence to the UDC is not feasible and approves the request for the private streets to directly connect to S. Locust Grove Road, an arterial street. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the development proposed by the applicant as a whole provides an equal or superior means for meeting the requirements in that it contributes to the unique character of the area and provides diversity in housing types available within the City. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means will not be detrimental to the public welfare or impair the intended use%haracter of the surrounding properties and will contribute to the character and variety of housing types in this area of the City. Page 37 Page 630 Item#25. shall,E. Planned Unit Develepmen4-.- Upon r-eeommendation from the eommission,the eouneil shall make a full investigation at the publie hearing, review the appliention.in order-to grant a planned development request,the eouneil shall make the following findingsi 1. The planned unit development demonstrates exeeptional high quality in site design thr-ough the pFovision of >eontinuous, visually related and funetionally linked patterns,.4'development,street and pathway layout, and building design; features;2. The planned unit development pr-eserves the signifleant natural, seenie andior-hist natur-alfeatures of the site are being jgr-eseF+,ed-. • , hazar-d, or-nuisanee to per-sons or-property in the vidnity; • The internal street, development,bike and pedestrian eir-eulation system is designed for-the efflei and safe flow of vehieles,bieyelists and pedestrians without having a disr-uptive an undue buf!den upon existing tr-ansportation and other-publie ser-viees in surrounding nor-plaee • Community 9 9 9 and dedieated open spaee areas functionally related and accessible to all dwelling units via pedestrian and/or bicycle pathways; units within the subdivisien, 6. The pFoposal eomplies with the density and use standards requirements in meord with It 11 f Regulations , of this title; &5tfffinds the proposed develepmeHt eentplies with the densio,and use standard-s of the Residential. 7. The amenities pr-oAded are appropriate in number-and scale to the proposed— Page 38 Page 631 Item#25. 8. The planned unit development is in eonfor-manee with the eompr-ehensive plan. As noted in Seetion V of this staff report-, Stafffind-s the development te be in eeitfor-manee with .h . ,s;,,. rk,,,, Page 39 Page 632 Applicant Presentation CURRENT LAYOUT ORIGINAL SUBMITTAL North view compass lane SOUTH VIEW PARK VIEW PARK VIEW EAST Recommended revision to draft da the private development. throughout the development and to add to the character of pathwayscrossingor similar to clearly delineate the pedestrian striped asphaltor raised crossings to be constructed with pavers, stamped concrete, , pedestrian all sidewalks and expectedRevise the plat to show IX.A3.f the private development.hroughout the development and to add to the character of tpathwayscrossings or similar to clearly delineate the pedestrian striped asphaltor raised pavers, stamped concrete, eithershall be constructed with pedestrian crossings within the subdivision sidewalks andAll IX.A1.e MODIFICATION TO THE MAP Added pedestrian crossings13.Added a turnaround at the gated entry12.Added a gated entry11.feet.-feet to 3206.5-Sidewalk: increased the linear length of sidewalk from 2094.10.North/South Road: added some “S” turns to help break up the massing along Compass Lane.9.turn eliminated the need for a fire turnaround.Roadways: eliminated the two dead end road and created a “Lollipop” or a loop design which in 8.With the increase of open space we added a dog park and an additional central park.7.percent and increased the -percent to 44.2-acres or 35.68-acres to 3.72-Open Space: 3.286.Odd shaped housing: eliminated completely.5.along the roads.Increased the housing variety and decreased the triplex units which in turn helps with massing 4.PUD: eliminate the request for building setback reduction.3.Density: 6.24 lots/acre to 4.81 lots/acre.2.Building Lots: we went from 48 lots to 37 lots.1. ESTIMATE OF TAX REVENUE GENERATION ONE-TIME FEES ItemPer LotTotal Sewer Hook-up Fee$3,433$127,021 Water Hook-up Fee$3,884$143,708 Meridian Police Impact Fee$128$4,736 Meridian Parks Impact feet$1,770$65,490 Meridian Fire Impact Fee$2,483$91,871 Building Permit-Application Fee$50$1,850 Preliminary Submittal-Application Fee$0 ACHD Impact Fee$3,433$127,021 TOTAL ONE-TIME FEES$15,181$561,697 Annual FeesPer LotTotal Annual Water Fee$186$6,882 Annual Sewer Fee$210$7,770 Annual Highway User Tax$150$5,550 Total Annual Fees$546$20,202 Annual Taxes Assessed Property Value$525,000 DescriptionLevyPer LotTotal Ada County0.0021499350$1,129$41,762 Pest Extermination0.0000981710$52$1,907 Emergency Medical0.0001184220$62$2,300 Ada County Highway Dist0.0007015390$368$13,627 School District No. 20.0023778950$1,248$46,191 Meridian Library0.0005249910$276$10,198 Meridian Cemetery0.0000483430$25$939 Meridian Fire0.0010178480$534$19,772 Mosquito Abatement0.0000211060$11$410 Western Ada Recreation0.0000377360$20$733 College of Western Idaho0.0001242930$65$2,414 Total Annual Taxes0.007220279$3,706$137,107 TOTAL ANNUAL TAXES & FEES$4,252$157,309 Total Fees & Taxes $0$739,208 In conclusion We ask for your approval of the project.•area.immediate Annexing this property will financially help pay for existing City services in the •fill and currently utilizing City services.-The site is in•Comprehensive Planning policies. We are providing a mix of housing types that is in a huge demand and is consistent with •home and harmonizes with the greater Meridian Community.Continued commitment to providing a quality neighborhood that people are proud to call •the “long haul”Developer is the builder, therefore there will be a commitment to quality, they are in it for •Open space greatly exceeds requirements.•made the changes to the maps accordingly.We have recognized all the Commissioner’s concerns from our previous meeting and have •We have taken in the neighborhood concerns about density and have greatly reduced it.•recommended changesThe project conforms with City Code, the COMP Plan, and we have made all the staff • Item#26. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Second and Third Reading of Ordinance No. 21-1916: An Ordinance Adding a New Section to Meridian City Code, Section 7-2-2(B)(8), Regarding Prohibited Parking in Front of Mailboxes, Adopting a Savings Clause; and Providing an Effective Date LEI Item#26. CITY OF MERIDIAN ORDINANCE NO. 21-1916 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE ADDING A NEW SECTION TO MERIDIAN CITY CODE, SECTION 7-2-2(B)(8), PROHIBITING PARKING IN FRONT OF MAILBOXES; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Meridian seeks by this ordinance to prohibit parking in front of mailboxes; and WHEREAS,the City Council of the City of Meridian finds that the following ordinance is necessary to protect the public health, safety, and welfare; NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a new section, Meridian City Code section 7-2-2(B)(8), shall be added, as follows: 7-2-2. - Prohibited parking. Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall: B. Stand or park a vehicle, except momentarily to pick up or discharge a passenger or passengers: 1. In front of a public or private driveway. 2. Within fifteen (15) feet of a fire hydrant. 3. Within twenty(20) feet of a crosswalk or a bike/pedestrian curb ramp, except at an intersection where a traffic control signal is in operation. 4. Within thirty(30) feet upon the approach to any flashing signal, stop sign, yield sign or traffic control signal located at the side of a roadway. 5. Within twenty(20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance when properly signposted. 6. At any place where official traffic control devices posted at the direction or under the authority of the City or Ada County Highway District prohibit such stopping. 7. In any portion of more than one (1) designated parking space. 8. Within ten feet(10') of a mailbox, during the hours of 8:00am and 5:OOpm, on any day that is not a federal holiday. Section 2. That all ordinances,resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. ORDINANCE PROHIBITING PARKING IN FRONT OF MAILBOXES PAGI;, Page 659 Item #26. Section 3 . That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 23rd day of March, 2021 . APPROVED by the Mayor of the City of Meridian, Idaho, this 23rd day of March, 2021 . APPROVED : ATTEST . Robert E. Simison, Mayor 3-23-2021 Chris Johnson, City Clerk 3.23.2021 CERTIFICATION OF SUMMARY . William L .M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . &- 4 )' 4, 1 William L. M. Nary, ity Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 21 4916 An ordinance adding a new section to Meridian City Code, section 7 -2-2(13 ) (8), prohibiting parking in front of mailboxes ; adopting a savings clause; and providing an effective date. ORDINANCE PROHIBITING PARKING IN FRONT OF MAILBOXES PAGE Page 660 Item#27. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1923: An Ordinance Repealing Meridian City Code Section 7-1-14, Regarding Handheld Devices, and Providing an Effective Date Page 661 Item#27. CITY OF MERIDIAN ORDINANCE NO. 21-1923 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE REPEALING MERIDIAN CITY CODE SECTION 7-1-14, REGARDING HANDHELD WIRELESS DEVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Meridian finds that the City Code provision prohibiting the use of handheld devices while driving is now unnecessary to protect the public health, safety, and welfare because it has been replaced by Idaho Code section 49-1401; WHEREAS,there are no pending citations for a violation of MCC 7-1-14; NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That section, Meridian City Code section 7-1-14, shall be repealed. Section 2. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 231d day of March, 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 23rd day of March, 2021. APPROVED: ATTEST: Robert E. Simison, Mayor 3-23-2021 Chris Johnson, City Clerk 3-23-2021 ORDINANCE REPEALING MERIDIAN CITY CODE§ 7-1-14,REGARDING HANDHELD WIRELESS DEVICES Page 662 Item #27. CERTIFICATION OF SUMMARY : William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . aN, / • , William L . M . Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 21 4923 An ordinance repealing Meridian City Code section 7- 1 - 14, regarding handheld wireless devices ; and providing an effective date . ORDINANCE REPEALING MERIDIAN CITY CODE § 7- 1 - 14, REGARDING HANDHELD WIRELESS DEVICES Page 663 Item#28. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1925: An Ordinance Amending Title 1, Chapter 7, Section 10, of the Meridian City Code, Regarding the Procedure for a Request for Reconsideration of a Land Use Decision; and Providing an Effective Date LEI Item#28. CITY OF MERIDIAN ORDINANCE NO. 21-1925 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE AMENDING TITLE 1, CHAPTER 7, SECTION 10, OF THE MERIDIAN CITY CODE, REGARDING THE PROCEDURE FOR A REQUEST FOR RECONSIDERATION OF A LAND USE DECISION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS; the Mayor and City Council are empowered to make land use decisions on behalf of the City pursuant to Title 67, Chapter 65 of the Idaho Code (Local Land Use Planning Act) and Title 11 of the Meridian City Code (Unified Development Code); and WHEREAS; Meridian City Code 1-7-10 establishes the procedure to request reconsideration of a final decision of the City Council on a land use decision; and WHEREAS; clarification is necessary to assure that service and notice is properly filed and processed with the appropriate City Department; NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1: That Title 1, Chapter 7, Section 10 is hereby amended as follows: 1-7-10: PROCEDURE FOR REQUEST FOR RECONSIDERATION: A. Pursuant to Idaho Code 67-6535 (Local Land Use Planning Act),regarding a request for reconsideration of a City Council land use decision,the following procedure must be strictly followed: 1. After final approval of the findings of facts, conclusions of law, decision, and order-,4ke appellant, who may be any applicant or affected person, as defined by Idaho Code, may request reconsideration of the final decision of the City Council, in accordance with the provisions of this section. 2. Such request must be in writing and filed by personal service to the City Clerk within fourteen(14) days of the final approval. Failure to timely or personally serve the City Clerk shall be a valid basis for summary denial of the request without consideration by City Council. The party filingthe he request for reconsideration shall provide a copy of the request to the City Community Development Department and City Attorney's Office 3. The request must identify specific deficiencies in the decision for which reconsideration is sought. 4. If the request is timerproperly filed, b t�Pplicant or affected person, and meets the requirement of identifying specific deficiencies in the land use decision, the City Getineil Clerk shall schedule the request to be lid considered at a regularly scheduled meeting of the City Council. AMENDING MCC 1-7-10 RE:THE PROCEDURE FOR A REQUEST FOR RECONSIDERATION OF A LAND USE DECISION page 665 Item#28. 5. The City Clerk shall provide to the party filingthe he request for reconsideration notice of the date, time, and place of the meeting at which City Council will consider the request will be r,-ov to l to appellant when the« est..will be scheduled to be c side ed 6. In considering the request for reconsideration, City Council shall take no new evidence or testimony,but shall confine its decision to the record as it relates to the written request will be all.,.;;Ve At.th- City Council,sooting 7. At the City Getineil meeti R, Following consideration of the request, the Council slhaff consider the written r t4 an may affirm, reverse, or modify its decision, after e ,.,1;.nee• wi the—applieable pr-ee€ standards. 8. if neeess the or Council may direct a new public hearing on the decision and all the procedures and notices that are neeessar-y will be d0fie PFiE)r-t new p4lie hear-in . 97. Within sixty(60) days of the City Clerk's receipt of the request for reconsideration, the City Attorney, s�prepare, and the City Clerk shall provide to the party requesting reconsideration, aA written decision on n'Tcll �% idea to the a ella*t within s xt-y(60) days e the request. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 23rd day of March, 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 23rd day of_March, 2021. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk AMENDING MCC 1-7-10 RE:THE PROCEDURE FOR A REQUEST FOR RECONSIDERATION OF A LAND USE DECISION page 666 Item #28. CERTIFICATION OF SUMMARY . William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . William L . M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 214925 An ordinance amending Title 1 , Chapter 7, Section 10 , of the Meridian City Code, regarding the procedure for a request for reconsideration of a land use decision; and providing an effective date . i I i AMENDING MCC 1 -740 RE: THE PROCEDURE FOR A REQUEST FOR RECONSIDERATION OF A LAND USE DECISION page 667 Item#29. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1922: An Ordinance (H-2020-0115 —Schnebly Annexation) for Annexation of a Parcel of Land Being a Portion of the Southwest Quarter of the Southeast Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 0.749 Acres of Land from RUT to R-2 (Low Density Residential) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date LEI ADA COUNTY RECORDER Phil McGrane 2021-046528 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 03/24/2021 09:46 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 21-1922 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2020-0115 — SCHNEBLY ANNEXATION) FOR ANNEXATION OF A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 0.749ACRES OF LAND FROM RUT TO R-2 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Richard Schnebly. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to R-2 (Low Density Residential) Zoning Districts in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION ORDINANCE—Schnebly Annexation(H 2O20-0115) Page 1 of 3 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half(1/2) plus one (1) of the Members of the full Council,the rule requiring two(2)separate readings by title and one(1)reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 23rd day of March,2021. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN,IDAHO,this 23rd day of March, 2021. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this23rd day of March ,2021,before me,the undersigned,a Notary Public in and for said State,personally appeared ROBERT E.SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk,respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR IDAHO RESIDING AT:Meridian, Idaho MY COMMISSION EXPIRES:3-28-2022 Page 2 of 3 ttem#29. EXHIBIT A Annexation &Zoning Legal Description 3 iu w ! SekVd4 Annexation Land Description A parcet or land ls-ng at ponjon of the sovtly+wst gaarter of the southmst quarter of Section S, 'l mknship_t 'North,Range.l L"rtst crf'the Boige lvtoridian,Ada County,Jdaho,being more prtikzularly described as foliovls_ Commcncing at the brass call ntotttzttW nt at the comer coninim to Sections B,9, 16 and 17,'ON, 1t1 E as ghown on RcLwd of Sutwv No,7711,RccoMr,of Ada County,Idn ho frill which the found brass cap nionttnnesit at the goarter comer common to said Sections R and 17 beam S 890 32'0V W a durance of 2571,02 foot as sb ozmt on said Reeo-d of Survey malx ILL=S 89132' t#W W along Ae wedon line.fora distance of t LI9 feet to the Tile AL Polly!"CRC' "1'hcwe continuing S 89"32'00"W for a distoncc:of I ftoo four: Thence N 00112R°09'W For a distame of:342.11 feet; .['hmr-t S 72L'37'00"E for a distance of 105.23 feet; 1 iencc 13 00'26' 11"E.for a distance of 309,85 feet to dX REAL Ptl N T OF 13EG INNING; Parcel wntains 0.749=res or 32,626 sgtare feet,mom or lows. The tt6ova description is written from record data Shown on kecord of Survq No.7711,Tecorc?s of Ada t?uImLy,id<alto. 11463 ,r•Q-ZO0 1602 W.mays St.;Suite 806- 8=7 ,Phone:208-45a-4227 �cn,�wv.ar�,trra#e�arvayaT�.cr Schnebly Annexation - H 2O20-0115 Page 672 Item#29. F MIRI T B P'XHIBI T MA P A P0;MCM Of TW SW 1f4 Of- 7HE -SE �14 OF 5Ec PON d T-W, R PE, O.M. ADA CGUNTY, 0AH6 26.90 E. FRAIVICZII+! RQ. k AA#VEXA WN AREA LIU D.749 Acrew p , 32426 Squerc Feet Lp 11 'i CF 4 I IRw— ' E Ff?"'CUN RUD s . - --- - -- :a P P 6 LEGEND 8A55 of 6rA%G -- SEC74N I. mf- VA� �+ 1EQ2'M,}17:reCt0)G4 —pv— RYGNT-OF-WAY r -� �c�e.Idaho 83702 (� BRASS CAP UK7NUJ°dEN T PER R05 Na 1l'�r . (2 DQ}elJ4r,;0 7 -t 'A'A;' '.dLLurRLksuive}+C &.e-Om S ROS No. 7711 DATE: NOV,M0 JO6 21-300 Schnebly Annexation H-2020-0115 Page 673 CERTIFICATION OF SUMMARY: 21-1922 William L.M.Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. (If Z. William L. M.Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO.21-1922 An Ordinance (H-2020-0115 — Schnebly Annexation) f'or annexation of a parcel of land being a portion of the southwest quarter of the southeast quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho as defined in the map published herewith; establishing and determining the land use zoning classification of 0.749 acres of land from RUT to R-2 (Low Density Residential) zoning district; providing that copies of this ordinance shall be filed with the Ada County Assessor,the Ada County Recorder,and the Idaho State Tax Commission,as required by law; and providing an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B.] ANNEXATION ORDINANCE—Schnebly Annexation(H 2O20-0115) Page 3 of 3 Page 671 Item#30. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1924: An Ordinance (H-2020-0099 — Mile High Pines) for Annexation of a Parcel Located in the NE % of the SE % of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 17.46 Acres of Land from RUT to R-15 (Medium High Density Residential) (11.44 Acres) and C-C (Community Business District) (6.02 Acres) Zoning Districts in the Meridian City Code; Providing that Copies of this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules, and Providing an Effective Date Page 674 ADA COUNTY RECORDER Phil McGrane 2021-046524 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 03/24/2021 09:45 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 21-1924 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2020-0099 — MILE HIGH PINES) FOR ANNEXATION PARCEL LOCATED IN THE NE 1/4 OF THE SE 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 17.46 ACRES OF LAND FROM RUT TO R-15 (MEDIUM HIGH DENSITY RESIDENTIAL)(11.44 ACRES) AND C-C (COMMUNITY BUSINESS DISTRICT)(6.02 ACRES) ZONING DISTRICTS IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian,Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Baron Ten Mile LLC. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to R-15 (Medium High Density Residential)(11.44 acres) and C-C (Community Business District)(6.02 acres) zoning districts in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION ORDINANCE—Mile High Pines Subdivision(H 2O20-0099) Page I of 3 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half(1/2) plus one (1) of the Members of the full Council,the rule requiring two(2)separate readings by title and one(1)reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 23rd day of March , 2021. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,this 23rd day of March , 2021. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this23rd day of March ,2021,before me,the undersigned,a Notary Public in and for said State,personally appeared ROBERT E.SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk,respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR IDAHO RESIDING AT: Meridian, Idaho MY COMMISSION EXPIRES: 3-28-2022 ANNEXATION ORDINANCE—Mile High Pines Subdivision(H 2O20-0099) Page 2 of 3 Item#30. EXHIBIT A A. Annexation and Zoning Legal Descriptions and Exhibit Maps Revised Legal.12escription Modern Craftsman at Ten Mile Subdivision-Annexation An annexation parcel located in the NE%of the SE%of Section 10,Township 3 North, Range 1 'Nest, Boise Meridian,City of Meridian,Ada County, Idaho,and more particularly described as follows; BEGINNING at a Brass Cap monument marking the northeast corner of said NE%of the SE%_, from which a Brass Cap monument marking the southeast corner of the SE`/ of said Section 10 bears S 0`51'58"W a distance of 2646,23 feet; Thence along the easterly boundary of said SE '/4 S 0°51'58"W a distance of 899.42 feet to a point on the northerly right-of-way of the Oregon Short Line Railroad; Thence N 88°29'39"W along said northerly right-of-way a distance of 528.42 feet to a 518 inch diameter rebar; Thence N 42°27'06"W a distance of 659.08 feet to a 518 inch diameter rebar; Thence N 6°32'24' E a distance of 415,20 feet to a 5/8 inch diameter rebar on the northerly boundary of said NE%of the SE%; Thence S B9°11'05"E along said northerly boundary a distance of 939.50 feet to the POINT OF BEGINNING. This parcel contains 17,46 acres and is subject to any easements existing or in use. ��L Lpk4 Clinton W.Hansen, Pl S 5`Q�yr Land Solutions,PC October 2,2020 11 11118 p n � iof o2.�za,Z TaN W Pine Ava and Ten Niile Rd Propeny c137 13�T►tt£371s J0 No.19.19 �.,. calla surcn;nn.na ce„w:a,q Mile High Pines H-2020-0099 Page 678 Item#30. ANNEXATION EXHIBIT MODERN CRAFTSMAN AT TEN MILE SUBDIVISION LOCATED IN THE NE 1/4 OF THE SE 1/4 OF SECTION 10,T.314.,RAW.,B.M. CITY OF MERIDIAN,ADA COUNTY, IDAHO s$9.11'05'E 1/4 W PINE ST, 939.50' -— 10 11 I PCINT Or BEGINNING N z TOTAL ANNEXATION AREA I IT46 ACRES I qN N L'J SV � X cs ra 9� i e829'39"41 928.42' OREGON SHORT LINE RR `0,6{,1~LgN4)s T R fi W. FRANKLIN RD. 10 11 15 14 11118 ,� ��tiprF OF ' w � --' Land Surveying and Consulting 0' 80, 1139 329 0 fV W,tip 231 7 5TH ST.STE A aA�RICLtiIF,Hs f33ucs 2Ca;Zflb-� C="24:4667'W wxN lam«Y�li4 bf�i .�4V=i-'3 Page 679 Item#30. Legal Description Proposed GC Zone Modern Craftsman at Ten Mile Subdivision A parcel located in the NE%of the SE%of Section 10,Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County, Idaho,and more particularly described as follows: BEGINNING at a Brass Cap monument marking the northeast corner of said NE'/a of the SE'/, from which a Brass Cap monument marking the southeast corner of the SE%of said Section 10 bears S 0a51'58"W a distance of 2645.23 feet; Thence along the easterly boundary of said NE'/4 of the SE'/a S 0'51'5B'W a distance of 576.86 feet to a point; Thence leaving said boundary N 88a29'39"W a distance of 129.67 feet to a point of curvature; Thence a distance of 31.60 feet along the arc of a 100.00 foot radius curve left,said curve having a central angle of 18°06'18"and a long chord bearing S 82°27'12"W a distance of 31.47 feet to a point; Thence S 73°24'03"W a distance of 20.16 feet to a point; Thence S 87"30'58"W a distance of 103,99 feet to a point; Thence N 38°33'21"W a distance of 239.06 feet to a point; Thence N 0'48'55"E a distance of 198.32 feet to a point; Thence N 89'11'05"W a distance of 101.84 feet to a point; Thence N 0°48'55"E a distance of 208,77 feet to a point on the northerly boundary of said NE'/. of the SE'/,; Thence S 89*11'05"E along said northerly boundary a distance of 537,85 feet to the POINT OF BEGINNING. This parcel contains 6,02 acres more or less. LA&o Clinton W.Hansen, PLS IST� .�""�s� �m Land Solutions, PC January 5,2021 (� 0 0 F IV V C-CZane-Pine and 10Klo Job No.19.19 Page i of 1 Page 680 Item#30. Legal Description Proposed R-1 S Zone Modern Craftsman at Ten Mile Subdivision A parcel located in the NE X of the SE Y;of Section 10,Township 3 North, Range 1 West, Boise Meddian,City of Meridian,Ada County,Idaho,and more particularly described as follows: Commencing at a Brass Cap monument marking the northeast corner of said NE%.of the SE%<,from which a Brass Cap monument marking the southeast comer of the SE'!a of said Section 10 bears S 0'51'56"W a distance of 2646.23 feet; Thence along the easterly boundary of said NE'/of the SE%S 0'51'58"W a distance of 576.86 feet to the POINT OF BEGINNING; Thence continuing along said easterly boundary S 0'51'58"W a distance of 322.56 feet to a point an the northerly right-of-way of the Oregon Short Line Railroad; Thence leaving said boundary and along said northerly right-of-way N 88'29'39" W a distance of 528.42 feet to a point; Thence leaving said right-of-way N 42'27'06"W a distance of 659.08 feet to a point; Thence N 6'32'24"E a distance of 415.20 feet to a point on the northerly boundary of said NE'/of the SE%; Thence S 89'1 VOF E along said northerly boundary a distance of 401,65 feet to a point; Thence leaving said boundary S 0°48'55"W a distance of 208.77 feet to a point; Thence S 89*1 V05"E a distance of 101,84 feet to a point; Thence S 0'48'55"W a distance of 196.32 feet to a point; Thence S 38'33'21'E a distance of 239.06 feet to a point; Thence N 87`30'68"E a distance o€103.99 feet to a point; Thence N 73`24'03"E a distance of 20.16 feet to a point on a curve; Thence a distance of 31.60 feet along the arc of a 100.00 foot radius curve right,said curve having a central angle of 18°06'18"and a long chord bearing N 82127'12"E a distance of 31.47 feet to a point of tangency; Thence S 88'29'39"E a distance of 129,67 feet to the POINT `oNp L t s OF BEGINNING. ��0 EF This parcel contains 11.44 acres more or less. c� a a 1111$ Clinton W.Hansen,PLS Land Solutions,PC January5 2021 �.T F Of �5 , 0A yJ N� R-15 Zone-Nio and 10 Mile Y1t17t7 Job Na.19.18 Page 1 of t Page 681 Item#30. EXHIBIT B ZONING EXHIBIT MODERN CRAFTSMAN AT TEN MILE SUBDIVISION LOCATED IN THE NE 114 OF THESE 1/4 OF SECTION 10,T.3N.,R.1UV., B.M. CITY OF MERIDIAN,AEA COUNTY,IDAHO R-15 401,65' 537,85' 70 11 N PONT OF BEGINNING C-C ZONE N � RUT � Na911-05"W � t 01.84' i C--C ZONE z 6.02 ACRES C-C a R-15 ZONE 11,44 ACRES N 373'2+03'W r, 20.tE' lt88'29'39"t'f `=_ y1 S$7'30-5$'W Ct 129.fi7' w 103.99' i POINT OF ©EGiNNiNG � t ss R-15 ZONE I i N M a C-C �p L LA ND N89'23'39"752& ' Iz- OREGON SHORT LINE RR �I `na of(ds(hl 0 n oOF ��k` 0' &fl' 760' 320' Al W. W, FRANKLIN RD. to tt 15 14 CURVE TABLE Lind blutions 1 CURVE LENGTH RADIUS DELTA BEARING CHORD el 31 S0' tpQ.QD' IS08'IB" S32'27`t2'W 3t 47' �---"�iLand Survaying and Consulting 33;C AN SF F A fhCfUU W i0 03,WZ t.c��:ua•�c:c aca�:zs.sss�ia. Mile High Pines H-2020-0099 Page 682 Item #30. CERTIFICATION OF SUMMARY . William L .M. Nary, City Attorney of the City of Meridian, Idaho , hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . William L . M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 214924 An Ordinance (11-2020-0099 — Mile High Pines) for annexation parcel located in the NE '/a of the SE 1/4of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and being more particularly described in the map published herewith; establishing and determining the land use zoning classification of 17 .46 acres of land from RUT to R- 15 (Medium High Density Residential)( 11 .44 acres) and C-C (Community Business District) (6 . 02 acres) zoning districts ; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B .] ANNEXATION ORDINANCE — Mile High Pines Subdivision (H 2O20 -0099) Page 3 of 3 Page 677