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HomeMy WebLinkAbout2021-09-07 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, September 07, 2021 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilwoman Liz Strader ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the August 17, 2021 City Council Work Session 2. Approve Minutes of the August 17, 2021 City Council Regular Meeting 3. Approve Minutes of the August 24, 2021 City Council Work Session/Joint Meeting with Meridian Development Corporation 4. Approve Minutes of the August 24, 2021 City Council Regular Meeting 5. Wadsworth Meridian Subdivision Sanitary Sewer Easement 6. Wadsworth Meridian Subdivision Water Main Easement 7. Public Art Easement Agreement Between City of Meridian and Meridian Cycles for the Installation of Mural by Ben Konkol 8. Final Plat for Apex Southeast No. 3 (FP-2021-0042) by Brighton Development, Inc., Generally Located on the East Side of S. Locust Grove Rd., ¼ Mile South of E. Lake Hazel Rd. 9. Final Plat for Lavender Heights No. 3 (FP-2021-0041) by LH Development, LLC, Located Approximately ¼ Mile East of S. Locust Grove Rd. on the North Side of E. Lake Hazel Rd. 10. Final Plat for TM Crossing No. 5 (FP-2021-0045) by Brighton Development, Inc., Located at the Southeast Corner of S. Ten Mile Rd. and S. Vanguard Way 11. Final Order for The Landing No. 13 (FP-2021-0040) by Rock Solid Civil, Located at 660 S. Linder Rd. 12. Findings of Fact, Conclusions of Law for Creason Creek Subdivision No. 3 (SHP- 2021-0003) by ULC Management, LLC, Located on the East Side of N. Linder Rd., South of W. Ustick Rd. 13. Development Agreement Between the City of Meridian and 10 Mile Franklin, LLC (Owner/Developer) for The 10 at Meridian (H-2021-0025), Located at 75 S. Ten Mile Rd., at the Southwest Corner of W. Franklin Rd. and S. Ten Mile Rd. 14. Development Agreement Between the City of Meridian and Joint School District No. 2 dba West Ada School District (Owner/Developer) for Prescott Ridge - School Portion (H-2020-0047), Located South of W. Chinden Blvd. and East of N. McDermott Rd. 15. Development Agreement Between the City of Meridian and Providence Properties, LLC (Owner/Developer) for Prescott Ridge - Hospital Portion (H-2020-0047), Located South of W. Chinden Blvd. and East of N. McDermott Rd. 16. Development Agreement Between the City of Meridian and Providence Properties, LLC (Owner/Developer) for Prescott Ridge - Residential Portion (H-2020-0047), Located South of W. Chinden Blvd. and East of N. McDermott Rd. 17. Agreement Between the City of Meridian and Nampa and Meridian Irrigation District for the Five Mile Pathway at Gander Creek Subdivision 18. Addendum No. 19 to Agreement Between the City of Meridian and Boise City for City Prosecutor/Criminal Legal Services Dated November 1, 2002 19. Resolution No. 21-2283: A Resolution of the Mayor and City Council of the City of Meridian to Amend the Future Land Use Map of the 2019 Comprehensive Plan for 80.7 Acres of Land Known as Wastewater Resource Recovery Facility, Generally Located ¼ Mile South of W. McMillan Road, Midway Between N. Black Cat Road and N. Ten Mile Road, in the North ½ of Section 34, Township 4 North, Range 1 West, Meridian, Idaho; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 20. Public Hearing for Adoption of Proposed Republic Services Solid Waste Fees Continued to September 14, 2021 Regular Meeting Motion to continue to the Regular Meeting on September 14, 2021 made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 21. Resolution 21-2284: A Resolution of the Mayor and City Council of the City of Meridian Reserving the Forgone Amount for Fiscal Year 2022 for Potential Use by the City of Meridian in Subsequent Years as Described in Idaho Code § 63-802, Et Seq.; and Providing an Effective Date Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Bernt. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 22. Mayor's Office: American Rescue Plan Act (ARPA) Funding Opportunities Discussion ADJOURNMENT 5:33 pm Item#1. Meridian City Council Work Session September 7, 2021. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, September 7, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault and Brad Hoaglun. Members Absent: Liz Strader. Also present: Chris Johnson, Bill Nary, Brad Purser, Brian Caldwell, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is 4:30 on September 7, 2021. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item up is the adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Very pleased to make a motion to adopt the agenda as published. Hoaglun: Second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the August 17, 2021 City Council Work Session 2. Approve Minutes of the August 17, 2021 City Council Regular Meeting Page 4 Meridian City Council Work Session Item#1. September 7,2021 Page 2 of 23 3. Approve Minutes of the August 24, 2021 City Council Work Session/Joint Meeting with Meridian Development Corporation 4. Approve Minutes of the August 24, 2021 City Council Regular Meeting 5. Wadsworth Meridian Subdivision Sanitary Sewer Easement 6. Wadsworth Meridian Subdivision Water Main Easement 7. Public Art Easement Agreement Between City of Meridian and Meridian Cycles for the Installation of Mural by Ben Konkol 8. Final Plat for Apex Southeast No. 3 (FP-2021-0042) by Brighton Development, Inc., Generally Located on the East Side of S. Locust Grove Rd., '/4 Mile South of E. Lake Hazel Rd. 9. Final Plat for Lavender Heights No. 3 (FP-2021-0041) by LH Development, LLC, Located Approximately '/4 Mile East of S. Locust Grove Rd. on the North Side of E. Lake Hazel Rd. 10. Final Plat for TM Crossing No. 5 (FP-2021-0045) by Brighton Development, Inc., Located at the Southeast Corner of S. Ten Mile Rd. and S. Vanguard Way 11. Final Order for The Landing No. 13 (FP-2021-0040) by Rock Solid Civil, Located at 660 S. Linder Rd. 12. Findings of Fact, Conclusions of Law for Creason Creek Subdivision No. 3 (SHP2021-0003) by ULC Management, LLC, Located on the East Side of N. Linder Rd., South of W. Ustick Rd. 13. Development Agreement Between the City of Meridian and 10 Mile Franklin, LLC (Owner/Developer) for The 10 at Meridian (H-2021-0025), Located at 75 S. Ten Mile Rd., at the Southwest Corner of W. Franklin Rd. and S. Ten Mile Rd. 14. Development Agreement Between the City of Meridian and Joint School District No. 2 dba West Ada School District (Owner/Developer) for Prescott Ridge - School Portion (H-2020-0047), Located South of W. Chinden Blvd. and East of N. McDermott Rd. 15. Development Agreement Between the City of Meridian and Providence Properties, LLC (Owner/Developer) for Prescott Ridge - Hospital Portion (H-2020-0047), Located South of W. Chinden Blvd. and East of N. McDermott Rd. Page 5 Meridian City Council Work Session Item#1. September 7,2021 Page 3 of 23 16. Development Agreement Between the City of Meridian and Providence Properties, LLC (Owner/Developer) for Prescott Ridge - Residential Portion (H-2020-0047), Located South of W. Chinden Blvd. and East of N. McDermott Rd. 17. Agreement Between the City of Meridian and Nampa and Meridian Irrigation District for the Five Mile Pathway at Gander Creek Subdivision 18. Addendum No. 19 to Agreement Between the City of Meridian and Boise City for City Prosecutor/Criminal Legal Services Dated November 1, 2002 19. Resolution No. 21-2283: A Resolution of the Mayor and City Council of the City of Meridian to Amend the Future Land Use Map of the 2019 Comprehensive Plan for 80.7 Acres of Land Known as Wastewater Resource Recovery Facility, Generally Located '/4 Mile South of W. McMillan Road, Midway Between N. Black Cat Road and N. Ten Mile Road, in the North '/z of Section 34, Township 4 North, Range 1 West, Meridian, Idaho; and Providing an Effective Date Simison: Next item up is the Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: It's a great day when I have the privilege to make a motion to approve the Consent Agenda. For the Mayor to sign and for the Clerk to attest. Hoaglun: Second the motion. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the Consent Agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items removed from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 20. Public Hearing for Adoption of Proposed Republic Services Solid Waste Fees Page 6 Meridian City Council Work Session Item#1. September 7,2021 Page 4- — Simison: So, we will move on to Department/Commission Reports. First up is a public hearing for the adoption of proposed Republican -- Republic Services solid waste fees and who is going to be presenting? Bernt: Mr. Mayor, did you say that was Republican solid waste? Simison: I may have done that. Remling: Good afternoon, Mayor and Council. My name is Rodney Remling. Business finance manager for Republic Services, Boise, Idaho. 11101 West Executive Drive. And I believe you have a memo in your packet from last week talking about the rates that we are proposing for this year and it's a little bit different than previous years, because we have had unprecedented labor increases. It's been building for a while, but over the course of the last year we had to increase our wages by roughly 12 and a half percent, which exceeds the CPI for garbage trash, which was running 4.34 percent. So, we -- to the best of our estimate, because we don't have a -- a labor component of that index -- it's about eight, eight and a half percent outside of that index that we are -- that we have had to increase wages. Going back to the regular increase -- so, annually the rates are increased October 1 of each year and it's based on a CPI. This year the CPI is garbage trash. It was changed last year. It's based on May and the change in CPI was 4.34 percent. Ninety percent of that is allowed and which brings it down to 3.91 percent. And there are many components of the rate. Not all components of the rate are increased. Disposal is not increased and, then, there is some other components that we will call out. Household hazardous waste is a component of the rate that's not increased. It is 11 -- or, excuse me, it's 18 cents per household per month and that's used to cover the household hazardous waste collection that's done over at the Meridian transfer station. We -- we reconcile that annually and currently we are uncollected -- Republic Services has not collected about 8,000 dollars. The number there is 7,964. So, that rate doesn't quite cover the cost, but increases in households over the next year. We will probably reverse that. So, we will continue to hold that and leave that flat at 18 cents. Recycling processing charge is on residential and commercial materials and for residential it is $1 .03 per household per month, where it has been for the last year. Again, we are not asking for a change there, so it's staying flat. You may have heard that commodity markets are improving a little bit and so rates -- or the commodity amount that we are receiving is going up. However, we are also seeing increasing costs. In addition to that, Republic Services has about 132,000 in uncollected or uncollected costs, if you will, that this -- that this was designed to cover and so we are -- again, we are leaving that flat, asking for no increase or decrease at this time. Recycling process fee that we pay our processor has gone up to $12.59 per household per month and that coincides with a rate increase for -- for October 1. So, on the labor, the whole country is experiencing unprecedented labor shortages. In Meridian city these shortages are resulting in increases of about 12 and a half percent or about eight percent over increases in CPI. Republic Services increased labor about two dollars per hour starting -- starting with existing drivers and, then, we are asking for 11 cents per household per month on the residential side. Again we mentioned disposal is not increased. Volumetric excise tax credit or the fuel tax incentive that the federal government has provided or returned to users of alternative fuels over the last Page 7 Meridian City Council Work Session Item#1. September 7,2021 Page 5 of— several years, this year for Republic -- or, excuse me, for Meridian city that amount was 54,427. Public Works has asked us to roll that into the rate and -- like we did in the previous year and the change from last year from the previous year to this year is an increase of about three cents per household per month and what that means is that the credit went down just slightly from year to year. That's due primarily to the fact of just routes and fuel -- and fuel usage. So, we calculate specifically on how much fuel is used in the contract for--for Meridian city. So, again, that's 54,427, divided by your customers per month. So, for all the residential MP -- excuse me. For all the residential impact the components are -- in that last paragraph -- the CPI is 79 cents and of that 79 cents the city of Meridian keeps a nickel of that or six percent. Sixty-five cents is CPI, household hazardous waste, again, zero. Uncontrollable recycling commodity. Unchanged. Zero. Disposable charge zero. And volumetric excise tax was three cents. And, then, labor we are asking for 11 cents. In the last page of your packet you can see kind of a breakdown of the residential rate. The CPI increasing their 304,000 or 3.91 percent is allowed by the contract and, then, the alternative fuel tax credit or VTEC is a reduction of 54,000 or seven percent. And, then, the labor market adjustment that we are asking for is 52,489 or .67 percent. So, to kind of put the whole labor thing in perspective for the -- for the Meridian city contract, our labor increased about 214,000 dollars to service this contract alone. So, the 12 and a half percent represents 214,000 dollars and we are asking for residential households to cover 52,489 and that is -- that's -- that is -- excuse me. At 214 and, then, residential are 52,489 and the residential component of that's 39 percent of the actual residential labor. So, we have got Republic Services keeping 61 and, then, we are asking residents to pick up 39 percent. In the other two lines of businesses and commercial and industrial we are asking for about one percent on those. So, about 45,000 dollars in commercial and 35,000 dollars in industrial. So, about a one percent increase up and -- and is due to labor each of those. Any questions? Simison: Thank you, Rodney. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Rodney, what's the proposed labor increase for the city of Boise, city of Caldwell, city of Nampa and city of Eagle? Remling: So -- so, we have asked -- or we are asking each of those cities, as we go into those cities when it's due for the price increase. So, we have calculated the rate -- or, excuse me, we have calculated the usage of that labor by all of our contracts and -- and we will be picking that amount up with each of those contracts as those come up. So, Boise is a larger percentage of our market and will -- and, thus, have a larger piece of that, which Boise will incorporate into their rate structure, which is very different from the Meridian structure. I didn't bring a dollar amount or discuss individual city rates with the city of Meridian. Those amounts, when we -- when we go to those cities will be public record, just like this one is here. Page 8 Meridian City Council Work Session Item#1. September 7,2021 Page 6- — Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Ballpark numbers for those -- I recognize it's going before them, but just like you have proposed a number to us, I'm just curious what you have proposed to those four other cities. Remling: So, why don't I -- why don't I give you a global number for what we have got in the market. Will that help you? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Rodney, I'm not trying to give you a hard time. I'm not looking for a global number, I'm looking for a local number. I'm looking to see what -- what -- how the city of Meridian ratepayers are going to compare to the four municipalities that you also serve that kind of touch our borders. Remling: Yeah. So -- Cavener: And if you -- if you don't have that right now that's okay. I'm not looking for a specific amount, again, just a ballpark would be -- is it ten cents? Is it a quarter? Is it a dollar? Remling: Yeah. So --so, when I say globally, I don't mean our bigger countrywide market, I mean right here in the valley. We are increasing our labor rates just about 1.6 million dollars. So, we are going up 1 .6 million and 214 of that relates to Meridian city. Roughly three times that would be the Boise city amount, so -- Cavener- Thanks. Simison: You will have to come up if you are wanting to address that specific question. Klein: Mr. Mayor and Councilman Cavener, I get what Rodney is saying, because we work on this stuff together, but I think what you are looking for is we did go to Nampa already and they gave us a flat four percent increase, instead of getting more specific here, like we work with your Public Works and utility billing and we broke it down by service level, very granularly, the labor piece, and Nampa it was a flat four percent across the board for their CPI, which included labor. So, it was a little bit more than here. They are roughly the same size community and so I would have to go back and look, but that kind of gives you an idea. We did go to them with the same ask and they said yes and that's the way that they --they chose to handle it. We asked for a flat four percent to keep it simple and in Boise we -- we take our expenses back to them. It's a contract where they look at our expenses and they give us a margin on it. So, that piece is now -- like Page 9 Meridian City Council Work Session Item#1. September 7,2021 Page 7 of— Rodney said, we have that amount and we go to them and that becomes part of our negotiation as part of our expenses that they don't give us, but they will reimburse us on. So, it's a little bit different formula. But -- but the other two communities that border Meridian we will also be asking them the same question. I don't know if that helped at all. Okay. Simison: Council, any additional questions? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Thanks for your presentation. I appreciate it. I just had one question. How did you get to the split between -- your expenses were at 39 and you are at 61. How did you get to that number -- those numbers? Remling: Yeah. So -- so, thank you for the question. It's really an attempt to keep the rates as low as we can for Meridian residents. Working with the Public Works Department we worked through a couple of different scenarios and settled on this one. You know, essentially, you know, we would like to capture a hundred percent of our additional costs, but we realize that that's -- that's not really realistic. So, as a good partner we try to split that 50-50. When you look at the three lines of businesses we are really about 50-50 percent. So, I think Meridian businesses and residents cover 51 percent of the 214,000, as we look at the whole of the business and, then, Republic Services keeps the other 49 percent. So, kind of pushing -- pushing more to commercial and industrial for less impact on residential was the idea. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Rodney, help me -- I guess maybe walk the Council through why not come back and ask the city to cover the increased cost for the household hazardous waste, the increase with the --with the landfill. I mean what's -- I guess the question is why the labor and not these other increases that you guys are choosing to absorb? What's -- why -- why this one? Remling: So -- so, there is no increase in -- in disposal at this time. So, there was one in previous year and we asked for it then and it was a hundred percent. In household hazardous waste it's reconciled annually. So, the 7,000 -- 7,900 doesn't go away, it remains in the reconciliation. So, you know, if we moved it even a penny it would go the other direction. So, it doesn't really make sense to change it. The other -- the other consideration is is that the City of Meridian is growing so fast and if they don't -- if the residents don't utilize household hazardous waste in proportion the costs won't raise proportionately. So, we may -- depending on how much the city grows, actually roll it Page 10 Meridian City Council Work Session Item#1. September 7,2021 Page 8- — back another penny next year, so --just an annual reconciliation. It doesn't go away, we just keep rolling it forward. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Just maybe a -- a plug for those in the room. That's --the household hazardous waste program is one that I have received a small handful of complaints about the level of customer service. I think that when our citizens show up there they have a -- correct or not, a preconceived -- preconceived notion that that's City of Meridian and the -- the customer service that they have received has not lived up to the expectation the City of Meridian. So, I'm all for another penny if -- if it gets the level of service that our citizens expect. So, just for what it's worth I -- I hear the rationalization behind it. It makes sense. But I think that's an area that -- I know it's a third party vendor, it's not a Republican piece, but, again, Republic's got a great reputation for customer service. I would hate that a third-party entity is hurting your guys' reputation, just like it's hurting the City of Meridian's reputation. Remling: We appreciate that. Increasing the rate wouldn't change that piece of it, so -- but thank you for the comment. Cavener: Yeah. Simison: Council, any further questions? Thank you very much. Remling: Thank you very much, Mayor and Council. Simison: This is a public hearing. Mr. Clerk, do we have anybody signed up to provide public testimony on this item? Johnson: Mr. Mayor, we did not. Simison: Okay. Well, I only see one person online in the Zoom. A staff member. But if you would like to provide testimony as also a resident, use the raise your hand function at the bottom and we will be happy to bring you in or anybody else in the room that would like to come forward. Seeing none, do I have a motion to close the public hearing? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm not going to make a motion to close the public hearing. Just maybe keep it open for a conversation with Council. We had this before us a couple weeks back. Council Member Strader, who is the SWAC liaison, I think shared some feedback -- at least from the SWAC on that. I would almost like to continue this for another week until Page 11 Meridian City Council Work Session Item#1. September 7,2021 Page 9- — Council Member Strader can be here to provide some additional context. I don't -- I know we are up against a time crunch for October, but is there any risk if we continue this out a week? Nary: So, Mr. Mayor, Members of Council, Council Member Cavener, no. I spoke with the utility billing manager about the timing, because there is a resolution that has to get done. There is two MOUs that have to get approved that go in conjunction with that and I asked her whether it matters if it was the 14th or the 21 st and she said either one of those dates was fine. Cavener: Mr. Mayor, I don't know if you have an opinion or anybody has any thoughts one way or another, but -- Simison: I have no opinion on the matter. Cavener: Then I guess maybe an additional request, either for you or for Legal. If we were to continue this could we continue it to the 6:00 o'clock meeting, to our main meeting where we typically take public testimony? Simison: No reason why you couldn't. Cavener: So, Mr. Mayor, with that I move that we continue Item 20, public hearing for adoption proposed Republic Service solid waste fees to September the 14th at the 6:00 o'clock meeting. Hoaglun: Second the motion. Simison: I have a motion and a second to continue this item until September 14th at 6:00 p.m. Is there any discussion? Mr. Clerk, just to verify, we will have Council Woman Strader back next week to -- especially if Councilman Cavener is hoping for input. Johnson: Mr. Mayor, we should -- yes, we will have Council Woman Strader. We will not have Councilman Hoaglun. Simison: All right. Any further discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the item is continued until next week at 6:00 p.m. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. 21. Resolution 21-2284: A Resolution of the Mayor and City Council of the City of Meridian Reserving the Forgone Amount for Fiscal Year 2022 for Potential Use by the City of Meridian in Subsequent Years as Described in Idaho Code § 63-802, Et Seq.; and Providing an Effective Date Page 12 Meridian City Council Work Session Item#1. September 7,2021 Page 10 of 23 Simison: Next item up is Resolution No. 21-2284, resolution of the Mayor and City Council of the City of Meridian reserving the forgone amount for fiscal year 2022 for potential use by the City of Meridian in subsequent years as described in Idaho Code 63- 802. Mr. Nary, I will turn this over to you. Nary: Thank you, Mr. Mayor, Members of the Council. Probably this is the oddest resolution we have had to do, because I have never done one for zero, but we felt from a -- from a transparency perspective this is the right way to do this. So, after the budget hearing when the conversation was had with Council about reserving forgone revenue for the future of 454,885 dollars, the Finance Department at that time had calculated that that was basically the remainder of the three percent that we did not take in this budget year, but because of other adjustments we have made and Brad can get to the details if you want to, but other adjustments we made, we have -- we have reached that eight percent cap total that's allowed by the code and so now there is no forgone to take, but we still felt having a resolution at least clears it up from the public perspective, since we talked about reserving it at a certain amount and that's reserving it at zero. Simison: Thank you. Council, any questions for Mr. Nary? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: So, if Mr. Nary or Mr. Purser could explain, you know, the House Bill 389 -- this is the impact from -- from that legislation, is that what we are dealing with here? Purser: Mr. Mayor, Councilman Hoaglun, you are correct. This is the result of the -- you know, we had the eight percent cap. If we were to take that foregone, like we were planning on it, that would put us over the eight -- that eight percent cap, therefore, we can't take that foregone amount, which is why we are adjusting the resolution. Hoaglun: So, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Brad, if-- the cap is a new-- is -- is that correct? The eight percent cap is brand new? Purser: Yes. Hoaglun: So, I guess I'm trying to wrap my head around all the action that went on. I mean this -- this was done at the very last hours of the legislature, so they -- they capped our -- how much we could take for -- for revenue, property taxes on new annexation and development. I'm not classifying that correctly. Annexations and -- I don't have -- Purser: New construction. Page 13 Meridian City Council Work Session Item#1. September 7,2021 Page 11 of— Hoaglun: New construction. Yes. Thank you. Thank you. And new construction, which we have always said we want growth to pay and, then, we are a growing community, like Meridian, we -- we have to build -- in this case two new fire stations and a police precinct and yet our budget is limited to eight percent, which I think we came right up to with this year of construction that we are going to kick off, so it really constrains us and there is no way to reserve any the forgone moving forward, so it's -- it's -- it's revenue that it's gone. That's fine, because a lot of years we don't go back and pick up the forgone. But I just -- I guess with the construction, if you can use your crystal ball a little bit, because I know this is not going to be done in -- in -- in a single fiscal year, will we be bumping up against the cap again next year, in your estimation, or have you guys had time to even kind of look that far ahead? Purser: Great question, Mayor, Councilman Hoaglun. I know we are hovering around the eight percent, so there is some impact there. So, you know, this could happen in the future. We are right around that eight percent from the new -- in our assumptions moving forward. Hoaglun: Okay. Great. Thanks, Brad. Appreciate it. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I think that to Councilman Hoaglun's -- his point on that lost revenue -- it's almost a half a million dollars this year and that has a compounding effect as well. So, it's important-- I appreciate you putting a bright light on this missing revenue that would have been growth funded, that not only do you lose a half a million, but it has a compounding effect, so it makes it very difficult. Simison: Council, what's your pleasure on this resolution? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm happy to approve resolution 21-2284, resolution by the Mayor and City Council for the City of Meridian reserving zero dollars of foregone for the amount of fiscal year '22, as described in Idaho Code 63-802 and providing an effective date. Bernt: Second. Simison: I have a motion and a second to approve the resolution. Is there any discussion? If not all those in favor signify by saying aye. Opposed nay. The ayes have it and the resolution is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Page 14 Meridian City Council Work Session Item#1. September 7,2021 Page 12 of 23 22. Mayor's Office: American Rescue Plan Act (ARPA) Funding Opportunities Discussion Simison: Next up is Item 22, Mayor's office, American Rescue Plan Act funding opportunities and turn this over to Mr. Miles. Miles: Good afternoon, Mr. Mayor and Council. Give Chris a second just to pull up a presentation that I did provide to you all last week. It should be in your packets as well. Really, my intent today is to try and go through the presentation fairly quick and leave most of this to discussion for feedback to hear from you all. But -- let's see. I have it on my screen here, so we will just go with that. Really I think one of the interesting policy perspectives that you all get to decide on is sort of the use of these funds and whether or not to even use them. So, what we are talking about today, American Rescue Plan Act or what I will refer to as ARPA moving forward and the dollars that are associated with that that come to -- to Meridian and, really, I think the central question is what to do with these funds, if anything. Certainly do nothing is an option that's there. I think there is also sort of a once in a lifetime, once in a generation opportunity for you all to discuss what's best for the citizens of Meridian, the community of Meridian, to utilize these funds to set it in a path -- a better path going forward. So, those are some of the things to consider. On top of that, we do have to account for staffing impacts. As we reported to you all a couple months ago with the small business grant awards, certainly there is a staffing impact to administer those types of programs. So, it's -- in the back of my mind that's always something to consider as we go forward talking about ideas that are out there. Nonetheless -- let's see. I will go through a couple of the details really quick. So, just for terminology, American Rescue Plan Act, as I said ARPA funds, It's combined a couple of different federal funding sources, Corona State Fiscal Recovery Fund or the CSFRF or the Corona Virus Local Fiscal Recovery Fund, the CLFRF -- there is a lot of acronyms here. Those combined make up the state and local fiscal recovery fund program. Again, we will just refer to it has ARPA to make things simple. So, at the level it's over 350 billion dollars worth of funding. To the state what that means is about a billion dollars -- 1.1 billion dollars roughly to the state and non-entitled units, which are governments that are not receiving funds directly through the state. So, other cities that are below -- I believe it's a 50,000 population threshold. To the City of Meridian has a direct allocated funding potential for 12.8 million dollars. So, that's the bucket of money that Meridian is allocated -- or could be allocated if we accept the funding. None of the dollars have been accepted to date by the City of Meridian. We did have to file a report that, essentially, said, yes, we are aware of that funding, we haven't taken any of that funding. That was due on August 31 st, which the Finance Department did file and it basically said, yep, we have taken zero dollars as a city. But just so you know that was a requirement of the filing. The federal government, as they were putting together these funds, basically looked at a lot of the Housing Community Development Act requirements as they put together what cities get what level of funding, it takes into consideration the population of the various cities and it takes into account community needs, the extent of poverty, population, overcrowding statistics, housing stock and that's how they arrived at the 12.8 million dollars for the City of Meridian. Through the administration of the funds essentially the payments are paid out in what are called two tranches. One in May of Page 15 Meridian City Council Work Session Item#1. September 7,2021 Page ——— 2021 is available. Again, for the City of Meridian it would become available when the city says, yes, we want that first round of funding and, then, another round of funding in May of 2022 and it's basically split 50 percent, 50 percent, so the city could afford -- what is that 6.4 million dollars in this current year, 6.4 million dollars in the following fiscal year of 2022. The funding does have to be obligated or what they are calling incurred by December 31 st of 2024 and funds have to be expensed by December 31 st of 2026. Any funds that are not obligated or expensed at the end of 2026 go back to the federal government. So, that's sort of the timing to keep in mind that, yes, there is some time to think about what to do with these funds and what to consider to use them for. Throughout that period there are interim reports. As I mentioned the first one that we already filed through the Finance Department, there will be initial interim reports throughout, as well as quarterly project and expenditure reports. As the name states, filed quarterly. Essentially the City of Meridian would file its first report and, then, from there forward file quarterly reports thereafter. And I know I am going through this kind of quick, so if you do have questions feel free to interrupt me if you like. Oops. Sorry. I keep looking back at the other TV screens. So, what can the funds be used for? There are four general large buckets that I'm sure many of you have seen or come across. Essentially bucket one is to respond to the public health emergency or its negative impacts and there is a whole section of code that talks about what are all those various things and we could talk about some of those. Second is provide premium pay for essential workers. Third is what -- a broad category of providing government services and that's done through a prescriptive calculation in the code that says what is the revenue loss to the city or the agency at the time and that can be used for general services. And last, but not least, there is an investment in water and sewer and broadband infrastructure as the fourth bucket. What does all that really mean? So, I think first and foremost responding to the public health emergency and its negative impacts, that's pretty straightforward. Generally it's characterized in the guidance as testing vaccine rollout, nursing care costs -- of similar impacts for those. Emergency medical -- medical response. Personal protective equipment. COVID mitigating payroll is a potential under that. Communications for COVID. Housing Assistance. Education support because of COVID. And, again, you can see that those are very large in and of themselves, along with just that general bucket. But, essentially, it's -- what would we do because of COVID and that's what those funds are for. Second is providing premium pay for essential workers. Again, you could do -- for those employees that are eligible you could do premium pay as defined under -- what was known as the Heroes Act as similar to the Cares Act funding. Nursing home staffing. Food production services and their staffing. Public health safety staff. And, again, if you think about Meridian, well, we may not have those things directly, certainly you can partner with other agencies through this funding mechanism, as long as all the guidances are adhered to by both of those agencies if you do reach out and start to partner. Third bucket is what I touched on in terms of general services. This is what I would classify as the gates are much more wide open. It's characterized as revenue loss and the Finance Department has done the calculation to bucket ties, what that proportionate share of funds would be, but generally it's general fund relief for projects, programs, and broad economic impact and I think one of the central things to remember is through all this the U.S. Treasury has intentionally written the guidance with broad generalizations to allow the municipalities and the agencies broad interpretation of what that means. So, we have Page 16 Meridian City Council Work Session Item#1. September 7,2021 Page ——— worked with Legal and the Finance Department, talked, brainstormed some ideas to say what does all this mean, what can we do with these funds. But, again, the government services through revenue loss is a much broader bucket than the other three. Last, but not least, is investment in water, sewer, and broadband infrastructure. That guidance specifically for water and sewer follows the EPA guidance on clean water state revolving fund projects, as well as the drinking water state revolving fund project guidance published by the EPA. So, those two pieces of guidance are several pages long that give example projects that the money can be used for and they are pretty straightforward and I will characterize it right, wrong, or indifferent, as generally anything that's water or sewer related these funds can probably cover us. Broadband has some additional guidance, which we have talked with the IT Department, and specifically broadband is a little tricky in Meridian,just given the parameters that we have to deal with in the guidance according to the IT Department. There is not a ton that we can do with broadband with these funds. There is a potential to do some, so we can explore those further if you do wish. If we get into the funding streams and the breakdown, put up the 12.8 million dollars -- approximately a little more than 12.8 -- the total Meridian distribution is represented by that figure, 4.6 million dollars is representing the revenue loss calculation that Finance Department had done and that's that third broader bucket that can be used for general government services. The remainder of that, the 8.1, is what you could utilize for other -- the three other buckets if the revenue loss utilized its full potential. So, it's a proportionate share if you use some or all of the 4.6, your 12.8 million is reduced down to that 8.1 or some fractional share thereof. So, if we look at the buckets of money that are out there and the buckets of things that the money can be spent on, I sort of just put together a simple matrix to say what could the funds be -- how could they be bucketized. So, for the COVID response the first thing we talked about, as well as the eligible premium pay and the water, sewer, and broadband, the city could decide to allocate some or all of the 12.8 million dollars to any one of those buckets. It could be 12.8 into one and be done. It could be a dollar and, then, spread the money across the rest. The revenue loss, as I stated, you can -- the city can expand up to 4.6 million dollars and, then, the other buckets would be proportionally a share of whatever the remainder was through that. Essentially, again, any of these dollars can be spent in whatever manner the city decides best and how the breakdown works best for the projects that are chosen. I'm too far. So, with that some initial recommendations that we talked about through the Finance and Legal Department and Mayor's Office. As it pertains to the COVID response, sort of the -- how do we respond to COVID, what can we do with it. The initial suggestion is to allocate 160,000 dollars towards air filtration systems for city facilities to improve the air quality through the COVID response in the city facilities and the estimates that were there were generated by the Public Works Department for all city facilities. So, you are talking City Hall, Parks and Rec, water-wastewater facilities and all the fire stations. On top of that suggests holding three point -- the remainder of 3.92 million dollars to see what happens. Are there other COVID impacts that we don't know about yet? We don't know what -- what's going to happen, but we do know that the numbers are increasing. So, the suggestion is put that remainder aside. Haven't really identified anything specific to that just yet, whether that's through partnerships or city direct needs. Don't know yet. Not recommending anything in the bottom left for eligible premium pay. A couple of variables that go along with that. The requirements that are in the guidance pretty much require a Page 17 Meridian City Council Work Session Item#1. September 7,2021 Page ——— hundred percent dedicated time is required for any employee. So, myself, were one hundred percent response dedicated to COVID that's how I'm eligible for anything related to that bucket of money. So, any employee that has a hundred percent dedication, which I don't know that we have done that exercise yet and I don't know that we have put in that effort and I don't know how many employees we have that are one hundred percent dedicated to COVID, but that's an exercise that would need to be done to determine if there are any and if there are what's that fractional share or total share of that. So, that's why we are not recommending anything in that bucket at this point in time. Certainly something that we could consider. We do recommend putting 4.6 million dollars into the revenue loss bucket. Again, it's a wider net. You can do a lot of things as a city to improve the community and the projects -- capital projects and efforts that we could make as a city to advance the community. And, then, water, sewer, and broadband, recommend putting in half -- the other half of what would be that 8.1 share into the water, sewer, and broadband. What does that all mean specifically? As I mentioned in the COVID response, roughly the 160,000 for the HVAC air filtration systems. I think that's a wise thing for the public -- in all of the public facilities, as well as the employee base. It's what I will call is a low cost, low hanging fruit project in terms of cost for these dollars and recommend that that be considered in the COVID response. You move over into the revenue loss and the water and sewer -- I will kind of handle those both together. Certainly number one is the CFP projects. Anything in the CFP for the next five years in that bucket of money for revenue loss would qualify for these projects as far as we can tell and it would make sense to relieve some of the CFP costs through these funds, rather than the general fund. Additionally, that 4.6 million dollars can also be used on, as I said, just about anything else that the city could think of. Roads and transportation projects are one that has come to the top of the city surveys for many years in a row -- three surveys over time that identified the roads and transportation projects. So, we recommend considering those funds for those types of projects as well. In the water, sewer, and broadband, again, the capital projects that are inside of that water and sewer qualification would qualify for the water and sewer broadband bucket, as well as cybersecurity. The IT Department has identified increased cybersecurity efforts around the SCADA system that operates water and wastewater systems to improve that system, as well as anything related to energy efficiency inside of the water and wastewater buckets, because with the EPA guidance that is out there around the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund, energy efficiency projects are identified in those categories and so pretty clear nexus to those types of projects and that could be anything from solar power at the treatment plant, to bio gas and biosolid, gas recapture, energy efficiency studies. Really, those buckets within those water and sewer broadband categories are wide open within and of themselves, if that makes sense. So, those are really the buckets that we see out there and, then, something to get the conversation started at a high level and so I think I will stop there, open it up for any conversation, questions that you all might have. Simison: Thank you, Dave. Council, questions? Perreault: Mr. Mayor? Page 18 Meridian City Council Work Session Item#1. September 7,2021 Page 16 of 23 Simison: Council Woman Perreault. Perreault: Thank you. Can you -- Dave, can you go back to the slide that shows the four different areas that -- the four different categories. The first slide. Miles: The narratives? Perreault: Yeah. That. So, has the city -- and I'm not aware of any conversations that -- that we have had regarding new partnerships that we have created or the city providing any of those funds to a public business. Is that something that city has considered setting up or what would that look like? It's my understanding that -- that this -- these funds are coming directly to the city, where most of the rest of the federal funds have been distributed to the state and, then, to the city. So, this is a different scenario than for us as far as managing these dollars. So, what would it look like -- would these need to be partnerships? I mean I don't know that there is any -- I mean how would that work? How would you -- how would it -- how would a city -- our city or another city decide one private company over another to distribute those funds? I mean wouldn't it be set up in an application type of process or how --just a curiosity question. Miles: Mr. Mayor, Council Woman Perreault, in a nutshell, yes. So, you are correct in that this is a different funding mechanism than we have faced in the past with the Cares Act in that it is a direct infusion to Meridian, not through the state. How would partnerships work? I believe, yes, we would have to do that through some type of legal agreement with whatever agency or, frankly, private business that we deal with. So, either public agency or private business. As it pertains to the private business, if that were the direction, similar to the small business grant program, I would imagine we would have to have an application process, we would have to have criteria that those applications are scored against, so that it's a fair and balanced appropriation to any of the private businesses. As it pertains to the public agencies, we have had some initial conversations with -- I think a lot of agencies are in our boat as well. I think we might be the first one getting to you all to talk about it. A lot of people are sitting around and waiting to say what's everybody doing? What -- what should we do? Talking with the county, for example. I will use housing affordability as an example. The county is getting 93, roughly, million dollars direct infusion to them. Boise I believe is in the 30 million dollar range. If you look at that on a global county scale and say, okay, what can the county do and what can Meridian do as part of that county, it becomes pretty complex pretty quick in terms of the legal agreements that are needed, the timing alone when you start talking about a project -- we can absolutely do it, I believe. It just takes a lot of momentum, it takes a lot of dedication to figuring out what are all the steps that are required. The grant is very clear that we have to follow all the requirements of the grant and any sub -- sub recipient, then, has to follow that. So, you could have -- in an agency-to-agency instance where, for instance, the county is dealing with their requirements of their funding, as well as any funding that any city were to allocate to them following that requirement as well. So, kind of a double following of the rules, if that makes sense. So, that said, it's possible. It's through legal agreements, it's through following the guidance. All of the reporting is still required and I think the brainstorming is really required in terms of what is it that can move Page 19 Meridian City Council Work Session Item#1. September 7,2021 Page 17—— the community of Meridian, the City of Meridian forward, along with the valley, if it's a partnership type of approach. Perreault: Mr. Mayor, a follow-up question. Simison: Council Woman Perreault. Perreault: Is the Mayor's Office aware of any requests that we have directly received from any of our private sector, since the -- since our grant program ended? Do we -- do we have businesses that are following up with us and asking for additional funds? Miles: Mr. Mayor, Council Woman Perreault, no direct requests that I'm aware of to our office. I think in general we have had conversations with the service groups, so the nonprofits. They are open and wanting to consider any conversations. I will characterize what they have asked for as just general, yes, we are looking for support. Nothing specific. And, again, they were more keen on -- in the transmission that I -- e-mails that had with them about being open guidance, flexible programs, flexibility within the funding mechanisms to help them be the most beneficial and -- and leverage the dollars the best. I think, again, we are bound by what the rules say we can do, so I don't know that that flexibility that they are looking for is necessarily there without having further conversations. Simison: And if I could add -- I mean I have heard business say I didn't know about it. would like to have applied for it. As a fairness issue, not as a -- I need that for my business to be surviving right now. It's just like other people got it, so I would like to get some of that, too, viewpoint. But we -- it's -- they have been more not asking us to do it again, just that they didn't know about it at the time it was done. Miles: And, Mr. Mayor, just to add to that point, we have talked with the Chamber as well and asked them, you know, what are the needs that are out there. They have characterized it as there is a lot of federal funding out there on their side of the streams as well. So, coming from business programs more dollars have opened up. So, again, to the Mayor's point, I haven't heard any direct requests since this program has been released for these funds. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Is there a timeline or a deadline in which we need to identify where those funds are going to go and if-- if the situation gets worse and we go back to a mandatory masking and we see our local businesses in the same situation that they were in a year ago, would like Council to discuss an estimate of funds to set aside to -- to address those concerns potentially through the grant program again, similar to what we did in the past. I don't know. Has there been -- I didn't see that in the proposal, so I'm just curious if that's been discussed. Page 20 Meridian City Council Work Session Item#1. September 7,2021 Page ——— Miles: Yeah. Mr. Mayor, Council Woman Perreault, timeline wise, yes. Again, there are two critical keystone dates. December 2024 and December 2026. You have to have funds obligated by 2024 and spent by 2026. Outside of those two date timelines I think it's incumbent upon the city, for whatever it decides, to meet those deadline criterias. So, I think it becomes a level of complexity if you are talking some big housing partnership you probably need to start today to meet that '24 deadline and the 2026 deadline and -- Simison: If you go back to -- we do -- we have one of the recommendations is to reserve 3.9 million just specifically because we don't know what's happening, so -- Miles: That was the -- so, in the -- in the top left on this bucket the recommendation is to utilize 160,000 dollars now for the air filtration, hold at least 3.9 million for exactly what you are talking about, Council Woman Perreault, what happens if. Perreault: Okay. I wasn't clear on that from the slides. So, thank you for clarifying that. I -- I assumed that there would be sooner deadlines than 2024, like they had done -- previously they had the deadlines at the end -- well, that -- but that was regulated by the state; right? The state was setting those deadlines for the end of the year for some of the grant program funds. Miles: Mr. Mayor, Council Woman Perreault, that was still the federal deadlines under the Cares Act program. The federal agency set that deadline for -- lost time. Try and track -- December 2021 for the last cycle. That was a federal designation, it was not the state. But, again, I think that -- that lends itself to what the treasury has done and stated that this is a much more broad program, much more broad guidance, and I think they recognize that COVID is likely an ongoing thing. Evaluate what the impacts are and -- before that time. That said, there is also recognition that these capital projects, if that's the consideration -- they take time as well as you go through design and appropriation of funds. So, I think that's part of why 2024 and 2026. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Dave, anticipated staff time to kind of keep monitoring, reporting? Is this something that's going to be managed out of the Mayor's Office? Is it going to maybe be our CDBG grant administrator, is that something they are going to be asked to take on? What's the staffing plan around this? Miles: Mr. Mayor, Councilman Cavener, I think in terms of administration, in terms of reporting and keeping track of the program and sort of guidance research, that's been done between our office, the Legal Department and Finance. Finance will be doing the reporting requirements. Again, Todd, CFO, has been conducting their reporting, along with Karen. It's manageable. Yes, it is a burden. If you get into the conversation of things like the small business grant program that we did before, now you are talking additional Page 21 Meridian City Council Work Session Item#1. September 7,2021 Page ——— time with Finance and we did utilize Tori through Economic Development and that's a fair -- fair impact -- fair amount of impact in terms of just staff time. Simison: For projects it's a lot less staff reporting time. Miles: Yeah. Certainly the number of projects that we accomplish versus one versus many you are going to have different reporting requirements and different time allocations. Mr. Mayor, it was our intent to really report to you all today. Again, happy to stand here as long as you want me to answer questions, but we do have this on the agenda for next week as well. I'm happy to take questions in between now and then. We can come back and get some additional feedback. It's really a pulse check on are we in the right arena? Are we tracking or are there other things. Cavener: I think it's appropriate. Simison: And -- and one thing I ask -- oh, Councilman Borton. Borton: Go ahead. Simison: I will let you go ahead and go. Borton: Mr. Mayor, how is -- what's next week? If it's on the agenda next week what's -- what happens then? Simison: I think it's a little bit of feedback and further guidance after you have thought about it. If there is specific projects you would like to -- you know, quite frankly, what would prefer Council do is if you have got some thoughts to reach out to Dave during this week, so that he can combine or come back and have a general conversation. If there is those elements from a very practical standpoint. You all know that roads have been an important component of what I think we should invest in and we have a joint meeting with ACHD in a couple of weeks and I think part of the -- the conversation is if roads are something this Council is interested in using the four -- the 4.66 million, if we could get some feedback on that component in case it has any relevance on any conversations we have with ACHD at that joint meeting. I understand we are not going to come up with a proposal, we are not going to be making votes next week. That's not the intention. It's just to continue the conversation on the overall direction, but to help us start formulating conversations which seem appropriate. Borton: Okay. That's helpful. Mr. Mayor, I think -- and maybe this is a process that's going forward -- is going to happen, but, yeah, at this early stage I guess we don't know what we don't know, so I think it would be helpful to have maybe at the next meeting the background on kind of how you got here and for each of these -- each of these categories, you know, what were the six to eight to ten different items that were discussed and considered and how were they weighed. I kind of need to see the math. The -- you know, how you got to these recommendations would help before we can really weigh in, provide comment. I'm not a fan of funding roads with this or anything else. So, that's one example Page 22 Meridian City Council Work Session Item#1. September 7,2021 Page 20 of 23 of something that would give me concern and I would be curious to see what was on that list that wouldn't be recommended to go forward in -- in light of that. So, I think that background homework of seeing the specific things that everyone brainstorm and maybe Council would supplement it for each of these categories -- would help us make an ultimate decision on how to allocate it. My assumption is -- the first question Dave raised is should we accept the funds. I don't think there was -- I can assume we are all going to proceed as if the funds will be accepted. It's the second question of how to allocate them that we will focus on. So, I think that's helpful for me to know that background. It also helps if we are going to be providing some suggestions of things that could be funded. They very well may have already been on your list amongst the group. I don't know who the group was that -- that came up with these in the first place. So, that would help for next week. Go from there. Simison: What --just to answer a couple of questions. All we did was the 4.66 million is the -- is the formula number from the federal government. We divided the rest of it in half. It's that simple from a very practical standpoint. The water, sewer, broadband number could be the entire remainder or it could be in the other category. It just seemed prudent to find a number to hold for the future without knowing where COVID is headed long term. So, there is nothing intent -- it is intentional, but it's not formulaic in -- Borton: Okay. Simison: -- other than that element. Really anything else is a CFP. That's the -- that's -- I mean you -- you have a funded CFP with all the projects that are in it. So, any dollars that you are using from this you are just adding to your fund balance to pay off a CFP project, but that's what you could do. So, there is -- yes, there may be a few new ideas, such as doing solar at the treatment plant, but there is -- there is not a list of, hey, why don't we go into this idea. You know, there have been conversations such as could you use this for the Nine Mile Creek and the general response was, no, you can't. It doesn't qualify under this -- you can't use it under the water, sewer, broadband. You can't use it in the COVID response. Could you use it for the 4.66 million? Yes, you could from that standpoint. So, it's really -- you know, at this point in time if there is priorities within the CFP the Council thinks they are more important that you want to use these dollars for, even though it's funded, those are the questions, but -- or come with your own ideas that you think would make more sense for the conversation. Maybe we want to build a statue. Nice big art project. We can do that. But it's not on the list. We are just trying to keep it focused on the things that we have in our CFP at this point in time for the most part. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Excited to see where this discussion goes. At the end of the day, in my opinion, this is a lot of money and there is a lot of different things that make a lot of sense that could benefit the community and -- both here at City Hall -- City Hall property or, you know, city properties and different businesses and organizations throughout our city. So, have Page 23 Meridian City Council Work Session Item#1. September 7,2021 Page 21 —— we thought about maybe even -- and it doesn't look like there is a real imminent time frame. You know, we have a lot of time to decide what we want to spend this money on. We have a lot of time to spend it if we choose to do so -- and after listening to Council's comments the first thought that came to my mind is what's Council's and the Mayor's desire about maybe even forming like a little committee of some type. Nothing too big or too serious, but just to vet this to maybe a deeper level. Include electeds, include city staff, include the Mayor's Office and just start having a conversation. And the reason why I say that is for me -- I don't know if I'm going to be able to personally come up with different -- I don't know -- I don't know that you are going to get consensus from -- to spend this type of money in a week. I just think it's going to be a little more difficult than that, so -- but, then, comes my thought about, you know, maybe having future discussions through a small committee of some type. Thoughts? Simison: And I -- I don't think we are looking for consensus. I think we are looking for direction. If that's the direction Council gives, great. It's really to find out where is the desire of the Council in what area. That -- because that will help us determine who should be on there. If it's only spent on CFP projects, we are only going to use city staff. You know, if it's that you want to do housing projects out into the community, then, we should go pull people from the community. I don't want to do unreasonable expectations to a certain extent, but keep it focused on where the relevant viewpoint of Council is, so that we can formulate that. But, yeah, we are not going to be making decisions next week on anything. Again, it's just trying to give you guys an option come back and have more conversation. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think it's -- to Council President Bernt's point, it could be really challenging to say go do this next week. I mean to come back with that, because clearly I think the easy answer is just one CFP and on we go. Is that the right decision? I don't know. Maybe. Maybe not. I think there is some opportunity and I think-- I appreciate Council President's at least suggestion of let's -- let's invite some other feedback from some people maybe outside of this building, involve clearly Mayor's office, council members, city staff. You know, Council Member Borton introduced participatory budgeting a number of years ago and we have done that four cycles I think. Here is -- here is an opportunity maybe to take it to another level and invite the public to participate and share what they think their priorities are, at least for Council to consider that, as long as there is not an immediate need. If there is -- if there is a pressing project, something we want to move forward on right away, that's another conversation, but I'm not necessarily hearing that, so I'm supportive of maybe tapping the brakes, inviting a few other voices to this as a recommending body, perhaps for discussion in our 2023 budget hearing. Simison: I would suggest we do it before then, because any capital project you are going to do you are going to -- if you want to do a capital project you wouldn't probably have time if you waited until then. Page 24 Meridian City Council Work Session Item#1. September 7,2021 Page 22 of 23 Borton: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just to weigh in. I think probably we are all in agreement when I say, you know, this is -- we don't want to use funds for on -- ongoing. This is capital projects. These are things that will benefit the residents of this community in a way that saves them dollars down the road, that we can do some projects that work and get to them now and that they won't have to pay for them in the future. I know it's tempting to say let's just send this money back, pay down the debt. This is a massive amount of spending and that's what DC has been doing right now. But, unfortunately, the truth of the matter is it will just get reallocated and spent anyway. So, since we have federal taxpayers in our community we might as well take that opportunity and use their money, since we can't give it back to them, and spend it wisely, so -- and I know in the discussions about cities receiving this money directly and whatnot and, you know, we had the majority leader of the House say that cities are just taking their ARPA funds and spending it on ongoing expenses and so on. I don't know where he got that information, because it's -- like many other communities they are going through this process right now, having that discussion. So, I think we need to make sure we are using it wisely and there are some projects -- and I could channel Council Woman Strader right now and say, streetlights, you know, renovations and that certainly qualifies and things like solar, let's take a look at things that will save our taxpayers and ratepayers down the road and use that money wisely. So, what -- what all of those projects are I don't know, but I have got some things I will throw out there at a later date and see if they qualify or not, so -- Miles: Mr. Mayor and Council Member Hoaglun, you make some good points and I do want to reiterate -- our recommendation is, as you said, to use these on one-time funded projects, not ongoing costs, for the exact reasons that you talked about. To the reference that you made about property taxes and the state legislature, our internal auditor--excuse me -- our auditor in our Finance side has provided guidance to the Finance team that these funds are not to be used for property tax relief directly. So, we have got differing opinions from our auditors and our Finance Department that they utilize, so that's why we didn't recommend that at this point in time. We can certainly go back and continue that look, but that's the recommendation at this time. As I'm hearing the --sort of efforts around a committee, we can certainly work with the Mayor and Council President to put together what that framework looks like. From what I'm hearing maybe it's a couple of different stakeholder meetings with various entities, various representation throughout the city, not just businesses, not just service, so we can certainly look into that and see how that goes. I think to the Mayor's point we will get a lot of ideas and certainly how that -- how that plays out and how we evaluate those I look forward to those discussions. Simison: With that we are at the end of our agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Page 25 Meridian City Council Work Session Item#1. September 7,2021 Page——— Bernt: I move that we adjourn the meeting. Hoaglun: Second the motion. 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 5:33 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) g / 21 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 26 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the August 17, 2021 City Council Work Session Page 4 Meridian City Council Work Session August 17,2021 Page 16 of 16 Hoaglun: Second the motion. Simison: I have a motion and a second. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, absent. Simison: All ayes. Motion carries and the MOU is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Now, do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Second the motion. Simison: Motion and second to adjourn. All in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5.13 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 9-7-2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 20 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the August 17, 2021 City Council Regular Meeting Page 21 Meridian City Council August 17,2021 Page 82 of 82 MEETING ADJOURNED AT 10:20 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 9-7-2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 103 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the August 24, 2021 City Council Work Session/Joint Meeting with Meridian Development Corporation Page 104 Joint Meridian City Council-Meridian Development Corporation August 24,2021 Page 15 of 15 MOTION CARRIED: FOUR AYES. ONE ABSENT. MEETING ADJOURNED AT 5:25 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 9-7-2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 119 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the August 24, 2021 City Council Regular Meeting Page 120 Meridian City Council August 24,2021 Page 51 of 51 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 9-7-2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 171 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Wadsworth Meridian Subdivision Sanitary Sewer Easement Page 172 ADA COUNTY RECORDER Phil McGrane 2021-132714 BOISE IDAHO Pgs=5 CHE FOWLER 09/08/2021 02:41 PM CITY OF MERIDIAN, IDAHO NO FEE Wadsworth Meridian Subdivision Sanitary Sewer Easement SANITARY SEWER EASEMENT THIS Easement Agreement, made this 7th day of September, 20 21 between Wadsworth Meridian,LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee'-5)-; ------- WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance, However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV.01/01/2020 Item#5. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day an ear first herein above written. GRANTOR: Wadsworth Meridian,LLC u STATE OF ) ss County of AcE ) %o..t} This record was acknowledged before me on - -Z I (date) by ,a-L lur8 (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Wadsworth Meridian,LLC (name of entity on behalf of whom record was executed), in the following representative capacity: (' (fib (type of authority such as officer or trustee) (stamp) o"'� D E B B I E D M 0 N R 0 E Notary Signature M$ NOTARY PUBLIC-STATE OF UTAH My Commission Expires: +pj9 COMMISSION#703325 COMM.EXP. 11-15-2022 Sanitary Sewer Easement REV. 01/01/2020 Page 174 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 9-7-2021 Attest by Chris Johnson, City Clerk 9-7-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 9-7-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature 3-28-2022 My Commission Expires: Sanitary Sewer Easement REV. 01/01/2020 Item#5. LEGAL DESCRIPTION THE LAND Page 1 OF 1 DW dmwiMl GROUP August 16, 2021 Project No.: 119025 EXHIBIT"A" WADSWORTH MERIDIAN SUBDIVISION SEWER EASEMENT DESCRIPTION An easement located in Government Lot 1 in the Northeast Quarter of Section 5,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the Northeast Corner of said Section 5, (from which the North Quarter Corner of said Section 5 bears South 89°39'20"West,2656.46 feet distant); Thence South 89°39'20"West, a distance of 455.62 feet on the north line of said Section 5; Thence South 00°20'40" East, a distance of 42.13 feet to a point on the southerly right of way Line of East Ustick Road; Thence on the southerly right of way line of East Ustick Road the following courses and distances: Thence South 89°23'16" East,a distance of 17.27 feet; Thence South 86°01'47" East, a distance of 180.57 feet; Thence North 89°39'20" East, a distance of 181.46 feet; Thence South 44°30'12" East, a distance of 17.91 feet to the POINT OF BEGINNING: Thence South 44°30' 12" East, a distance of 27.91 feet on the southerly right of way line of East Ustick Road to a point common with the westerly right of way line of North Eagle Road; Thence South 01° 14'39"West, a distance of 96.75 feet on said westerly right of way; Thence leaving said westerly right of way, South 57°48' 30" West, a distance of 56.80 feet; Thence North 81°39' 57" West,a distance of 130.79 feet,- Thence North 86°09' 10" West,a distance of 169.05 feet; Thence North 03°50' 50" East, a distance of 20.00 feet; Thence South 86'09' 10" East, a distance of 169.83 feet; Thence South 81°39' 57" East, a distance of 124.19 feet; Thence North 57°48' 30" East, a distance of 38.66 feet; Thence North 01° 14'47" East, a distance of 105.45 feet to the POINT OF BEGINNING. The above described easement contains 8,914 square feet more or less. PREPARED BY: p t LA S The Land Group, Inc. P. '7880 WO 8-16-2021 James R.Washburn �q �Tf OF 0 A�R.W 462 East Shore Drive, Suite 100, Eagle. Idaho 83616 208,939,4041 thetandgroupinc.com Page 176 Item#5. — NORTH 1/4 CORNER NE CORNER SECTION 5 SECTION 5 T.3N.,RAE.,B.M. T.3N.,RAE., B.M. S.32 E. USTICK ROAD S.32 S.33 _� T.4N.R.1 E.,B.M. _ S89°39'20"W 2656.46' 1/4 S.5 2200.84' r I L2 T.3N.,R.1 E.,B.M. 455.62' ROW LINE ESTABLISHED FROM ROS#7139 S.5 SA S86°01'47"E 180.57' N89°39'20"E 181.46 q POB 0 \— ROW DEED INSTR. No.2020-116678 J W � S86°09'10"E 169._83' 14 _ 581°39'S7"E �67"97"-16=9 N81°39'S7'N�1-_ SEWER EM0 ' 30.7T 1 99 ASE II oW AREA:±8,914 SQ.FT. Line Table LINE BEARING LENGTH Li S00°20'40"E 42.13' L2 S89°23'16"E 17.27' L3 S44030'12"E 17.91' L4 S44°30'12"E 27.91' L5 S01014'39"W 96.75' L6 S57°48'30"W 56.80' A L7 NO3°50'50"E 20.00' �g� G T �� Cry L8 N57°48'30"E 38.66' 7880 2 L9 N01°14'47"E 105.45' w 8-16-2 0 21 �9�9TF OF SR. WA�r'" E Exhibit "B" 0 100' 200' NMI Horizontal Scale:1" = 100' Project No.:119025 Date of Issuance:08/16/2021 z roll THE Sewer Easement LAND Wadsworth Meridian LLC o - GROUP r �a LL J� Page 177 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Wadsworth Meridian Subdivision Water Main Easement Page 178 ADA COUNTY RECORDER Phil McGrane 2021-132715 BOISE IDAHO Pgs=5 CHE FOWLER 09/08/2021 02:41 PM CITY OF MERIDIAN, IDAHO NO FEE Wadsworth Meridian Subdivision Water Main Easement W-AIER-MAIN-FAMIENT THIS Easement Agreement, made this 7th day of September, 2021, between Wadsworth Meridian 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 oft e benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein, THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 Item#6. 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: Wadsworth Me 'dian, LLC STATE OF ) ) ss County of Ards ) ga,t+ L.rxkt This record was acknowledged before me on (date) by kkkle CLA I C,r(J' (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Wadsworth Meridian,LLC (name of entity on behalf of whom record was executed), in the following representative capacity: CyQ (type of authority such as officer or trustee) (stamp) Notary Signature �%gkvl D E B B I E D M O N R O E My Commission Expires: _5 NOTARYPUSUC-STATE OF UTAH COMMISSION#703325 mr_ 0 COMM.EXR 11-15-2022 Water Main Easement Version 01/01/2020 Page 180 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 9-7-2021 Attest by Chris Johnson, City Clerk 9-7-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 9-7-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Water Main Easement Version 01/01/2020 Item#6. `' LEGAL DESCRIPTION -: TH E riPage 1 OF 1 Ww , LAND GROUP August 16, 2021 Project No.: 119025 EXHIBIT"A" WADSWORTH MERIDIAN SUBDIVISION WATER EASEMENT DESCRIPTION An easement located in Government Lot 1 in the Northeast Quarter of Section 5,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the Northeast Corner of said Section 5, (from which the North Quarter Corner of said Section 5 bears South 89°39'20"West, 2656.46 feet distant); Thence South 89°39'20" West, a distance of 497.37 feet on the north line of said Section 5; Thence South 00°20'40" East, a distance of 80.92 feet to a point on the southerly right of way line of East Ustick Road,said point being common with the westerly boundary of Parcel "B",of Record of Survey No. 6418, Instrument No. 104016722 of Ada County Records, and the POINT OF BEGINNING; Thence South 88°54'01" East, a distance of 20.00 feet on said southerly right of way; Thence leaving said southerly right of way, South 01°05' 59"West,a distance of 137.18 feet; Thence South 88'54'01" East, a distance of 52.08 feet; Thence South 84°51' 26" East, a distance of 315.98 feet; Thence North 50°08' 34" East, a distance of 22.36 feet; Thence South 88°45' 21" East, a distance of 47.98 feet to a point on the westerly right of way line of North Eagle Road; Thence South 01° 14' 39" West,a distance of 20.00 feet on said westerly right of way line; Thence North 88°45' 21"West,a distance of 40.48 feet; Thence South 50°08' 34" West,a distance of 23.14 feet; Thence North 84°51' 26"West,a distance of 59.45 feet; Thence South 05°08' 34" West,a distance of 15.55 feet; Thence North 84°51' 26"West,a distance of 20.00 feet; Thence North 05°08'34" East, a distance of 15.55 feet; Thence North 84°51' 26"West,a distance of 229.94 feet; Thence South 05°08' 34" West,a distance of 18.48 feet; Thence North 84°51' 26"West,a distance of 20.00 feet; Thence North 05°08'34" East, a distance of 18.07 feet; Thence North 88°54' 01"West,a distance of 65.52 feet to the westerly boundary of Parcel"B"; Thence North 01°05' 59" East, a distance of 157.18 feet on said westerly boundary of Parcel "B" to the POINT OF BEGINNING. The above described Easement contains 12,592 square feet more or less. PREPARED BY: T D The Land Group, Inc. P. 7880 wo James R. Washburn 8-16-2021 %P O OF�0�$ R.WA 462 East Shore Drive,Suite 100, Eagle, Idaho 83616 208,939.4041 Page 182 Item#6. NORTH 1/4 CORNER NE CORNER SECTION 5 SECTION 5 UN., RA E.,B.M. T.3N., RA E.,B.M. E. USTICK ROAD S.32 S.33 S.32 T.4N.,R.1E.,B.M. _ S89°39'20"W 2656.46' _ 1/4 8.5 2159.09' T.3N.,R.1E.,B.M. 497.37' ROW LINE ESTABLISHED co FROM ROS#7139 S.5 SA - I L2o ROW DEED I I q PUB INSTR.No.2020-116678 0 ao I• I x ti I I r PARCEL"B" T I I ROS 6418 N U";I o I I 0 WATER EASEMENT L3 AREA:±12,592 SQ.FT. S84°51'26"E 315. � L5 98' 1 ���6 L15 \_ N84°5126°W 229.94 L7 L14 L13 L12 L11 L10 Line Table Line Table LINE BEARING LENGTH LINE BEARING LENGTH L1 S00°20'40"E 80.92' L9 N84°51'26"W 59.45' L2 S88054'01"E 20.00' L10 S05°08'34"W 15.55' L3 S88°54'01"E 52.08' L11 N84051'26"W 20.00' L4 N50°08'34"E 22.36' L12 N05008'34"E 15.55' L5 S88°45'21"E 47.98' L13 S05°08'34"W 18.48' NJ, LAN L6 S01°14'39"W 20.00' L14 N84°51'26"W 20.00' W l L7 N88045'21"W 40.48' L15 N05008'34"E 18.07' a 7880 P 8-16-2021 L8 S50008'34"W 23.14' L16 N88054'01"W 65.52' J j O XX s R. W Exhibit "B" 200 3 = Horizontal Scale:l" = 100' Project No.:119025 Date of Issuance:08/16/2021 On 2 �%= THE water Easement LAND Wadsworth Meridian LLC o D _ GROUP.Igo LL�o Page 183 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Art Easement Agreement Between City of Meridian and Meridian Cycles for the Installation of Mural by Ben Konkol Page 184 ADA COUNTY RECORDER Phil McGrane 2021-133472 BOISEIDAHO Pgs=10 NIKOLA OLSON 09/10/2021 08:44 AM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: CityMark City of Meridian 33 E.Broadway Avenue Meridian, ID 83642 PUBLIC ART EASEMENT AGREEMENT: 1203 N. Main Street This PUBLIC ART EASEMENT AGREEMENT ("Agreement") is made on this 7th day of September -1 2021 ("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Team MC, LLC, a limited liability company organized under the laws of the state of Idaho ("Grantor"). City and Grantor may hereinafter be collectively referred to as "Parties." WHEREAS,the Parties desire that public art murals will be incorporated into the Meridian downtown core, and to that end, City will dedicate funds and contract with Ben Konkol for the design, installation, and/or maintenance of a public art mural at 1203 N. Main Street, in Meridian, Ada County parcel no. R6129020215 ("Property"); specifically, on the north-facing exterior wall of the building located thereon; WHEREAS, Grantor owns the Property, and has agreed to make it available to the City for the installation of a mural ("Mural")by Ben Konkol ("Artist"), as generally depicted in the Task Order For Mural Installation between City and Artist, attached hereto as Exhibit A ("Task Order"); NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: 1. GRANT OF EASEMENT. Grantor conveys, grants and warrants to the City, its successors and assigns, an easement for the purpose of installing, maintaining, and exhibiting the Mural on and in the Property. Following Final Acceptance of the Mural as defined in the Task Order, the Mural shall be the property of City. 2. TERM. This Agreement, and the easement granted hereunder, shall be effective until 11:59 p.m. on September 30, 2031 unless extended by mutual agreement of the Parties. 3. RECORDATION. City shall record this Agreement in the land records of Ada County Idaho, IT recording to Grantor. For recording purposes, the legal LOTS 11 TO 15 INC BLK 2 F A NOURSES 3RD ADD AMD 4. TERMINATION. a. Termination by Grantor. This Agreement, and the easement granted hereunder, may be terminated by Grantor, at any time, upon thirty(30) days' written notice to City and PUBLIC ART EASEMENT AGREEMENT: 1203 N.MAIN STREET,MERIDIAN PAGE receipt of the City's written consent to terminate, upon Grantor's showing of any of the following: (1) That the property is to be sold and the buyer requires removal of the easement as a condition of the purchase and sale; or (2) That the property is to be refinanced and the lender requires removal of the easement as a condition of the refinancing; or (3) That the property is to be substantially remodeled or altered in a way that precludes continued maintenance of the Mural; (4) That Grantor's circumstances have materially changed and the continued existence of the easement or maintenance of the Mural substantially impedes Grantor's reasonable use and enjoyment of the Property. City shall not unreasonably withhold consent to termination upon Grantor's satisfactory demonstration of any of the foregoing conditions of termination. Grantor expressly agrees and warrants that if Grantor terminates this Agreement, Grantor shall be responsible for removing the Mural and restoring the Property to its prior condition, at Grantor's sole expense. Such removal and restoration shall occur within thirty(30) days of the termination of the easement,unless this period is extended in writing by the City. Grantor further expressly agrees and warrants that if Grantor terminates this Agreement prior to the expiration of the Agreement term set forth herein, Grantor shall donate to City one thousand dollars ($1,000) for each year remaining of the term, which amount City may utilize toward the installation of a public art mural at a different location. b. Termination by City. This Agreement, and the easement granted hereunder, may be terminated by City, at any time, upon thirty(30) days' written notice to Grantor, if City determines that Grantor has failed to substantially perform Grantor's obligations under this Agreement, or if City determines that the continued existence of the easement or maintenance of the Artwork is no longer desired or if City is unable to maintain the Artwork due to non-appropriation of funds. City expressly agrees and warrants that if City terminates this Agreement, City shall be responsible for removing or painting over the Mural and restoring the Property to its prior condition, at City's sole election and expense. Grantor shall allow City access to Property necessary to complete such removal or restoration. Such removal or restoration, if City so elects, shall occur within thirty(30) days of the termination of the easement, unless this period is extended in writing by Grantor. c. Expiration of Term. Upon expiration of the term of this Agreement, as set forth herein or as mutually extended by the Parties by written amendment as set forth herein, City expressly agrees and warrants that City shall be responsible for removing or painting over the Mural within thirty(30) days of the expiration of the easement, unless this period is extended in writing by the Grantor. 5. MAINTENANCE AND REPAIR OF MURAL. During the term of this Agreement, as set forth herein or as mutually extended by the Parties by written amendment as set forth herein, City shall have the sole right and responsibility to determine the need for, and to execute, all necessary maintenance and repair of the Mural. City may determine, in its sole discretion, that the Mural is damaged beyond feasible repair, and may remove or paint over the Mural, with PUBLIC ART EASEMENT AGREEMENT: 1203 N.MAIN STREET,MERIDIAN thirty(30) days' notice to Grantor. Grantor shall notify City if Grantor perceives a need to maintain or repair the Mural. 6. RIGHT OF ENTRY. City or City's contractor shall have the right to enter the Property during normal business hours, and at all other times with advance approval of the Grantor, for any and all of the purposes described in this Agreement. City shall provide Grantor at least forty-eight (48)hours' prior notice of such entry. 7. BINDING EFFECT. The easement granted in this agreement shall run with the land and shall be binding upon, and inure to the benefit, of the Grantor and the City, and their respective representatives successors or assigns, and/or any person or entity acquiring any right, title, or interest in the Property. 8. CONTRACTUAL RELATIONSHIPS;ASSIGNMENT. This Agreement does not designate either Party as the agent or representative of the other for any purpose whatsoever. The Parties are not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of the other or to bind the other in any manner whatsoever. Neither Party shall assign this agreement without the prior written consent of the other. 9. NOTICE.Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Grantor: City: Team MC, LLC City of Meridian Attn: Paul McKenna, Member Attn: City Clerk 429 E. Mango Drive 33 E. Broadway Avenue Eagle ID 83616 Meridian ID 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. 10. NON-APPROPRIATION. Grantor acknowledges that City is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. 11. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including,without limitation, Article VIII, Section 3, of the Idaho Constitution. 12. AMENDMENTS.No modification or amendment of the provisions of this agreement shall be effective unless in writing and signed by authorized representatives of the parties. 13. TIME IS OF THE ESSENCE. The Parties 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 and default hereunder by the Party so failing to perform. PUBLIC ART EASEMENT AGREEMENT: 1203 N.MAIN STREET,MERIDIAN PAGE 3 14. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 15. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. 16. 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 fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. 17. FINAL AGREEMENT. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Grantor relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and Grantor, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. 18. NON-WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. 19. COMPLIANCE WITH LAWS. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 20. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. 21. APPROVAL REQUIRED. This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. PUBLIC ART EASEMENT AGREEMENT: 1203 N.MAIN STREET,MERIDIAN PAGE 4 i IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. GRANTOR: STATE OF IDAHO ) County C� ! _ j ss: S� of (� I HEREBY CERTIFY that on this 3 day of A u 9\)6� Kris fa McKenna,Mej4er 2021,before the undersigned,a Notary Public in the State of Team MC, LLC Idaho,personally appeared Krista McKenna,proven to me to be the person who executed the said instrument,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. 90 SS OT t! LIC COMMI COMMISSION #67390 Notary Public for Idaho whxv TATE OF IE AHO LCHARLENE f lO EXPIRES 128 2 Residing at �1Z(C�r f� ,Idaho My Commission Expires: CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 9-7-2021 Chris Johnson, City Clerk 9-7-2021 STATE OF IDAHO ) :ss County of Ada ) I HEREBY CERTIFY that on this 7th day of September , 2021 before the undersigned, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON, known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of the City of Meridian, 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 in this certificate first above written. Notary Public for Idaho Residing at Meridian Idaho My Commission Expires: 3-28-2022 PUBLIC ART EASEMENT AGREEMENT: 1203 N.MAIN STREET,MERIDIAN PAGE 5 EXHIBIT A TASK ORDER PUBLIC ART EASEMENT AGREEMENT: 1203 N.MAIN STREET,MERIDIAN PAGE page 190 Item#10. TASK ORDER FOR MURAL INSTALLATION This TASK ORDER FOR MURAL INSTALLATION ("Task Order") is made this 20th day of July , 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Ben Konkol ("Artist"), whose address is 916 %N 12th Street, Boise, ID 83709. WHEREAS, on January 19, 2021, Artist and City entered into a Master Agreement for Professional Services:Mural Design, Installation, and Maintenance ("Master Agreement"), which establishes terms and conditions under which City may invite Artist to provide services including consultations, design, installation, maintenance, and repair of murals,pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work; and WHEREAS, City and Team MC, LLC ("Owner")have entered into a Public Art Easement Agreement, by which Agreement Owner agreed to allow City to engage an Artist for the purpose of designing a public art mural for potential installation at 1203 N Main Street, in Meridian, Ada County parcel no. R6129020215 ("Property"); specifically, on the north-facing exterior wall of the building located at Property; WHEREAS,Artist has created a mural design that will establish a sense of place and local identity in downtown Meridian, and beautify public spaces, and Owner wishes to invite Artist to install the mural, as designed, on the north-facing exterior wall of the building located at Property, pursuant to the Public Art Easement Agreement entered into by Owners and City; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall install, on the north-facing exterior wall of the building located at Property, a large-scale, painted mural installation as depicted in Exhibit A hereto ("Mural"). Artwork design, fabrication, and installation, and Site Restoration shall comply in all respects with the RFP, with this agreement, with any applicable established industry standards, engineering standards, and with all established policies and ordinances of the City of Meridian. II. COMPENSATION. A. Total amount. The total payment to Artist for services rendered under this Agreement shall be two thousand dollars ($2,000.00). This amount shall constitute full compensation for any and all services, travel, transportation, materials, fabrication, shipping, equipment, contingency, commission, artist fee, and costs of work to be performed or furnished by Artist under this Task Order. B. Method of payment. Artist shall provide to City invoices for services and deliverables provided pursuant to the payment schedule set forth herein, which City shall pay within thirty(30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Task Order. Payment of all taxes and other assessments on such sums shall be the PROFESSIONAL SERVICES TASK ORDER—MURAL INSTALLATION PAGE I Of 4 sole responsibility of Artist. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: 1. Timeline: $1,000.00 shall be due to Artist within thirty(30) days of Artist's delivery of a detailed timeline for installation of the Mural, describing the estimated date of completion of each phase of the installation process. 2. Final Completion: $1,000.00 shall be due to Artist within thirty(30) days of upon Final Completion, which shall be defined as: a. Complete installation of the completed Mural, as confirmed by City and Owner; b. Final inspection and written approval of the installation of the Mural by City and Owner; c. Artist's submission to City of a recommended maintenance plan for the Mural; and d. Execution of a mutually agreed-upon acceptance agreement, to be prepared by the City Attorney's Office, to include affirmation of Artist's indemnification of City and express waiver of Artist's right, title, or interest in the Mural. III.TIME OF PERFORMANCE. A. Timeline. In the provision of services and deliverables under this Task Order, Artist shall meet the following deadlines: 1. By 5:00 p.m. by August 12, 2021: Artist shall deliver to City a detailed timeline for installation of the Mural. 2. By 5:00 p.m. by September 30, 2021: Artist shall deliver to City: a. Completely installed Mural, as defined herein and as approved in writing by City and Owner; b. Written recommended maintenance plan for the Mural; and c. Signed acceptance agreement. B. Time of the essence. The Parties acknowledge that services provided under this Task Order shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Task Order, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Task Order by the party so failing to perform. III.GENERAL PROVISIONS. A. Master Agreement applies. All provisions of the Master Agreement are incorporated by reference and made a part of hereof as if set forth in their entirety herein. B. Owner's and City's designated representatives. Stakeholders have vested in the following representatives the authority to provide to Artist input and approval under this Agreement. Any Stakeholder may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to Artist and to City. 1. Owner: PROFESSIONAL SERVICES TASK ORDER—MURAL INSTALLATION PAGE 2 of 4 page 192 Paul McKenna, Member Team MC, LLC meridiancycles@gmall.com 2. City: Audrey Belnap, Arts and Culture Coordinator City of Meridian abelnap@meridiancity.org C. City Council approval required. The validity of this Task Order shall be expressly conditioned upon City Council action approving same. Execution of this Task Order by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Task Order on the Effective Date first written above. ARTIST: Ben Konkol CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 7-20-2021 Chris Johnson, City Clerk 7-20-2021 PROFESSIONAL SERVICES TASK ORDER—MURAL INSTALLATION PAGE 3 of 4 page 193 Item#10. EXHIBIT A MURAL DESIGN CONCEPT l h r k PROFESSIONAL SERVICES TASK ORDER—MURAL INSTALLATION PAGE 4 of 4 Page 194 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Apex Southeast No. 3 (FP-2021-0042) by Brighton Development, Inc., Generally Located on the East Side of S. Locust Grove Rd., % Mile South of E. Lake Hazel Rd. Page 195 E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Staff Contact:Sonya Allen Meeting Date: September 7, 2021 Topic: Final Plat for Apex Southeast No. 3 (FP-2021-0042) by Brighton Development, Inc., Generally Located on the East Side of S. Locust Grove Rd., 1/4 Mile South of E. Lake Hazel Rd. Request: Final plat consisting of 70 single-family residential buildable lots and 11 common lots on 19.66 acres of land in the R-8 zoning district. Information Resources: Click Here for Application Materials Page 196 E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT I D A H O HEARING September 7,2021 DATE: E.LAKE HAZEL RD. TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 W } SUBJECT: FP-2021-0042 �a Apex Southeast No. 3 0 LOCATION: East side of S.Locust Grove Rd., approximately'/4 mile south of E. Lake Hazel Rd., in the NW 1/4 of Section 5, Township 2N.,Range IE. I. PROJECT DESCRIPTION Final plat consisting of 70 single-family residential buildable lots and 11 common lots on 19.66 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant: Josh Beach, Brighton Development,Inc.—2929 W.Navigator Dr., Ste. 400, Meridian,ID 83642 B. Owner: SCS Investments,LLC—855 W. Broad St., Boise, ID 83702 C. Representative: Josh Beach,Brighton Development, Inc. —2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2020-0057)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 four(4)from what was shown on the original preliminary plat;the common open space area has increased from that shown on the qualified Page 1 open space exhibit approved with the 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 with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 5/1/2020) APEX SOUTHEAST SUBDIVISION PRELIMINARY PLAT IV ei ulNAxrA PARCEL OF LAN❑SITUATED IN THE WEST 1/2 OF THE NOR iHWEST 1/4 OF SECTION 5,TOWN5HIP 2 NORTH,RANGE 1 EAST,CITY OF MERIA IAN,ADA COUNTY,IDAH❑ rLs� .'Ca�CYfe dOC@N 3 .•rm — - - MEND FL- o F - f 0 6 • • • 0 0 • d • 0 • 0 '' 6 6 8 d o o g •00 • •• •• ■ • •• • d � APE%SMENIDAN,IMHO S.1BEINLYIOry • _ [UHasMlE* Pat- PP1A B. Final Plat(dated: 7/16/21) Plat of � - Apex Southeast Subdivision No.3 3L 32 x Haael Rd. the Northwest portlanofmEsammeMt1)4M E.Lake rthwest 114 o 1 5ection 5, ® Me S ,1'=W fi 5 Town¢hlp 2 N-h,Range L East,B.M.,Cltyof Meridian,Ada County,Idaho 2L121 Sheet Index I SHEET 1 -OMffUdL BUBpM510N ANPNNE/WRHE TIBFFS HLf]LK] E9 sHEE!P -OETNL PUT NrP AND Ap¢x SaHNI¢ast y SHEET a - NtSHEET P,AT xoa aup E— E.91np.y5L SubdlvMion No.I 5 LPwT WP I BLOGf 8 Y�' BSCCK el VXEET P -CERII—DP pWHERa 9 To Ir 1P 1J I5 G H 1J ,a tt to D BLOCK 2 SHEET e -fENnFlGIES aNp APP�IµS 2 ¢g¢ne A g p fWND ERA55 CAP AS XOIro NY9'42'S4'E Hara 8'f EL E UNLLS FWND 5/Y"1EIVR "H8 11X39" V NOT ED OIX[.RWI.IY N8A'S 7" b3 7 Apex SauFheast 5 < �7500 D4 O divls UNIES NOTED OIXERWIS[fD"P1D 12K9" Suhlon N.2 1 ^ 9 ]O fr 1P v g !2 NI Ip ,89 3] • SET 5/a'LB 12 WITH PfASpC CAP Ap.Southeast 3 Q 3D0'DI'I3"E ,15 IKRKEp/B 2a55' •., 5 Subdmx Na2_IJ giLOLN ID 103.92' NYB'S5'd2"E d3p.pD' . S aLOCN Et i/2'limo YTIN PIAnC C4P pp NMNfD'PLB t2aV9" }'I 19 SET a—PLUG(Y1H NAONEM INVERT) A fx 15 1d 5 o10 qOj • MPRKEp;uB t2w5s" OaLCVUTED MINI,NO 1.roUND OR sfT 1 21 Na0'od'35"W N89'S5'25"E © ® O LM NIINKFp I EANcxufE, 5p.p9' 715.00' Oj E,..r-SLAWRCEM PUTTED LOI NUNYEY ,j SI , NY9'S5'25'f I-ne, a 1 VUYDMVbN EnUE—NNE 2 0 O © p O a LINE P3 ® ADIACfM IDT NNE O a—li _ EIYINE -------- MENI IJNE �L�K 12n N>CN � o ® YLDEKS. (EEE ND PY 5 a Y©t2 O O 8 O O Re..- g ® _ R1. quAADMSAPEK mNHEA5 sRep loNOF DF Pus awo " Y2 PUJ IF AP IX mNHE45T SUYDIVISIDN Nw 2,Be. of PUTS NY9 5f W'E 1 2) 99.9' 10 O 15 O Og © AT P.CES��.Hfcox�aT etu ccuNTx,Iowa HECp19K DF P➢A COVNTf.IDPHO. I YS.Yp' a—.M SYR'4Y Ne.1-1 SE—OF NM CAI—.KMHO- ® H7422l Y"E F.Aduerwle Vt xe_ 1Em1D aF sN1xEv xo_s Ecdg 0-01' 11.1 OF ppW EgUNn.IMXO. © � Survey N�artathre ® ® 0 © DF�SxSLR Is N Neu © C Frlrk4��TEILE NO.EI cNp YrMY 4f Ew Spa uanuMENim1MMTMSIF➢ 29 YLNDN IS TEEOHD xEKE HOT FOIJXD YEnf D e51—E E H1 DnVNFM9 OF SR/nE"DEIf _ 5 E.YM A.k.R. NY9'S2'3B"W 13."E. N6wkM I&i mpN�w�ox s n"�el cr s/e-Ixw Nav PE1 w ..� cuavf TPBIE efxrt..Em 1 1'�M`i°s`scrnlwi s° .,12459 Rescue Ranch oidt 5-- 5 bdivision �xTt T•l �tozl F N 61 N E E l I N 0 ❑ lOper _ Brighton ""is3:a Corporation M¢rWlan,Itlaho Page 3 C. Landscape Plan(dated: 4/1/2021) JA \ I OPENSPACETREEfALCVNTNIN5I1REf/ROWSF] tO - ....�7�.e,. ;",.:.•w:wSa -:r"`a�„ "�..dk.'^SE" �`��4"�����++M1 .;� j TOFAL OPEN SPIVCE 111EE5 M...... -.....,-........e.w •w.,x., ...�� _ P. SIPEET TREE CALCLUPONS ISIREE/35 LF10 d� - �����°"' t .� — ' E TOTAL'STREET TREESM xem w�eae w�un _w_ _ I 11] MRIGATION REOOIREMFNIS �+����T��w�m ' PATHWAY TREES ISTREE/1RO LF1_ .e.m.,...�.� P4THW4YIREES REQOIRER/PRDYIOER W'�¢�pm� •nNW I� TOTALTREESREQQIREU/PRWIEEH - +� m,w'wn°.w e..., m _ - -um _ . ,. sir �x r �f s FJrK.. . k �j\LA4N[15CAP`TE SITE PcLAN y` � ,., ,.,, pER7 --0 o tk land Ra' �LANMCAPE PLANPLAN e — :2 � � g f C re/ _ ic c �\LANDSCAPE PLAN Page 5 D. Common Driveway Exhibits DNNEWAY MR LOT Jl BLOCK DRIVEWAY FOR LOT 56 BLODN ' B1 LNG ENVELOPE. 11 TO SE LOCAIEO ON THE 3 TO BE LOCATED ON THE ORRGSOE SIDE GF THE SHARES OPPOSITE SIDE OF THE SHARED DRIVEWAY FOR L01 30 BLOCK 11 CDNAION DRNE PROPERTY LINE COMMON DRNE PROPERry LINE SIpE TO 6E LDCAIED DN SKEDTHE DPPD5RE /j SO. OaNEOPRCPEERry uNE C01W011 LET�61 SIBLE OWNER Iq NHTPw fN"' I'. t0• 12' BUILDING[NVELOPE AND MWNTANING z a >< = LANDSCAPING AND IRRIGATION f O m TtPI 6 IN THFSEFI% ARE S GGG ' m 2 AD 82 5 r LOT 59 IS A NDN-BVILDABL BLOCK 3 10 BE E _ LOCATED ON h£ S E OF /// I NGRE55/EGRESS EASEMENT INm — SIDE 1 $PNAROEO COMsir DMON UX'' 7 BAD 3F LOT5 61 ME 5G OPERTY n PR LINE SIDE J 4 e i F.AmFvmIRF ST. .a..° �.COMM014, BIDET}' I'I j 3 o a TT1�pp s'a F S, d O 0.�. qY� Om 20— 4 m ,2 0 fI I �5•_ IDE —J m Z 5 o LOT 31 OMTIER • a �� O IMRF3ST—SABLE O 5 I 91SF AND MAIMAI w 11 RING � l UNROSEAFING ¢ O � IN THESE AREAS 12 kl _ LDT 33 IS A km NON-BUILDABLE GOMNOR LOT BLOCM3 WITH A BLANKET I I O °� S ,,, NGRE55/EGRESS E mIIm�marNMzztwNnrc CASEMENT IN READ OF L 5'It"BLOIX 9] al REPR 3t�µp 32 — RaftI` L— v RDR _A ___ _ �_—- BLOCK I I �I - u tl ®LOTS 30-34 BLOCK 11 LOTS 58-52,BLOCK 3 SO WHEN (k ED AT I PRINTI 1T 1 =30 WHEN PRINTED AT 11 NIT * SSPY O* 1 `fib 2 7I9/az 0V 'A Ln 12��1 d m BDIIDING ETNELOPE. I z 0 W u TTPIGL. UI!R4GE o BLOCIE3 m z= N t =a o O:- p, N SIDE 9'm 2 K' 31 12• 0 / D' O 'a Al 9 z LOT 5T OYMER IS RESPONSIBLE FOR LANIs�Talu.A AND_ �oTNiI w O IXESE NtEfS SIDE J LOT.9 5 A NGN-BUIIEaOI.e ` COMMON LOT WRH A OLANKET NGRE55/EGRE55 EASEMENT IN FAWR OF LOTS 50 AND 51,BLOCK 3 e cC\ r, 12' E.ABLER HOP ° DRNEWAY MR LOT 52 BLOCK 3 TO eE l4RE0 OF THE S COMLION DRNE 2O PROPERTY LINE 1p TE \ j SIDE [��l DF2 ®LOTS 4LOCK 3 WHEN N T •`'�p;C t_aFrDSy TO WREN ,BLOCK AT t 55PY • s� 2 7191az p�F 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-2020-0057; Development Agreement Instrument Number 2020-178120). 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 KM Engineering stamped by Aaron L. Ballard, dated: 7/16/2021, included in Section V.B shall be revised as follows: References(Sheet 1): a. R1.—Include the Book and Page numbers of the Apex Southeast Subdivision No. 1 plat. b. R2.—Include the Book and Page numbers of the Apex Southeast Subdivision No. 2 plat. Notes(Sheet 3): c. Note#5: ". . . Lot 4-47,Block 13 . . ."". . . owned and maintained by the operator-of as homeowner's association . . ." d. Note#6: ". . . to provide access for Lots 5 1 5 3 50 and 51,Block 3,Lot 59 and Lots 60 62 60 and 61,Block 3,Lots 3A 31 and 32 afid Let 34,Block 11,respectively. Said 6. Lot 49, Block 3,Lot 59,Block 3,Lot 33,Block 11, shall be owned by the Apex Southeast Homeowner's Association,Inc., or assigns, and the owners of the lots that benefit from the common drives shall maintain,repair and/or replace said common drives at their own cost and expense. Said 6, Lot 49,Block 3. . ." e. Note#10: Include the recorded instrument number of the ACHD landscape license agreement. f. Note#11: Include the recorded instrument number of the ACHD public right-of-way (sidewalk) easement. g. Note#12: "Direct lot or parcel access to S. Locust Grove Rd. and E. Via Roberto St. is prohibited. . ." h. Note#15: ". . .Lot 447,Block 13, are servient to. . ." i. Note#16: Include the recorded instrument number of the CC&R's. Graphic Depictions: j. Sheet 1: Include the CP&F No. at the southeast corner of the site. k. Sheet 3: Include the recorded instrument number of the ACHD temporary turnaround easement. 1. Sheet 4: Include the recorded instrument number of the ACHD permanent easement on Lot 7,Block 13. A copy of the revised plat shall be suhmitted with the final plat for City Engineer signature. Page 7 5. The landscape plan prepared by KM Engineering, dated 7/12/2021, included in Section V.C, shall be revised as follows: a. Depict shrubs within street buffers along S. Locust Grove Rd. and E.Via Roberto St. in accord with UDC 11-3B-7C.3a. b. Depict shrubs within landscape strips along all pathways in accord with UDC 11-3B-12C.2. 6. The rear and/or side of structures on lots that face S. Locust Grove Road, an arterial street, and E.Via Roberto St., a collector street, shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays, banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single- story structures are exempt from this requirement. 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. All fencing shall comply with the standards of UDC 11-3A-7C. 9. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. 10. Off-street parking is required to be provided for residential uses in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 11. Address signage shall be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. 12. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D.8. A copy of said easement shall be submitted to the Planning Division with the final plat for City Engineer signature. As an alternative to a separate easement document, this information may be included in a note(i.e. note#6) on the face of the plat; include language from aforementioned code section. 13. The setbacks and/or driveway locations for lots accessed via common driveways or abutting common driveways shall be as shown on the exhibit in Section V.D(applies to Lots 50-52, 58, and 60-62,Block 3; and Lots 30-32 and 34,Block 11). 14. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat(H- 2020-0057) and/or Development Agreement(Inst. #2020-178120)does not relieve the Applicant of responsibility for compliance. B. Public Works General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided 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-I 4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or Page 9 drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Lavender Heights No. 3 (FP-2021-0041) by LH Development, LLC, Located Approximately% Mile East of S. Locust Grove Rd. on the North Side of E. Lake Hazel Rd. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Staff Contact:Joseph Dodson Meeting Date: September 7, 2021 Topic: Final Plat for Lavender Heights No. 3 (FP-2021-0041) by LH Development, LLC, Located Approximately 1/4 Mile East of S. Locust Grove Rd. on the North Side of E. Lake Hazel Rd. Request: Final Plat approval consisting of 63 single-family residential building lots and 7 common lots on 16.87 acres of land in the R-4 and R-8 zoning districts. Information Resources: Click Here for Application Materials STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT J A H HEARING 9/7/2021 -- --- - _- - - DATE: TO: Mayor&City Council -- -- FROM: Joseph Dodson,Associate Planner -;u;E;- `-'_-- -- „, s 208-884-5533 --• ---- - - -. -a _... NOTAPART SUBJECT: FP-2021-0041 " •'„— --—'----_--_`--- N7A PART gem"'Nm Lavender Heights No. 3 LOCATION: The site is located approximately'/4 mile east of S. Locust Grove Rd. on the north --------" �,-� side of E. Lake Hazel Rd., in the S '/2 of the SW '/4 of Section 32,Township 3N., � soN ee Range 1 E. I. PROJECT DESCRIPTION Request for Final Plat approval consisting of 63 single-family residential building lots and 7 common lots on 16.87 acres of land in the R-4 and R-8 zoning districts. II. APPLICANT INFORMATION A. Applicant/Owner: LH Development,LLC-PO Box 344,Meridian,ID 83680 B. Representative: Ben Thomas, Civil Innovations,PLLC- 1043 E. Park Blvd. Ste. 101,Boise,ID 83712 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 second phase of development of the Lavender Heights Subdivision. The same number of buildable lots, common lots, and amount of open space is proposed as were approved in the preliminary plat. The preliminary plat requires 6.46 acres(or 12.3%overall)of qualified open space. The open space proposed in phase 1 was incorrectly labeled on that final plat but has now been corrected to show 220,443 square feet(5.06 acres) of qualified open space instead of 132,865 square feet. In total, all required qualified open space has been provided with the three final plats including the remaining 34,356 square feet in phase 3. Therefore,the required open space to be provided has been satisfied. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Page 1 IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Page 2 V. EXHIBITS A. Preliminary Plat(date: 4/17/2020) _ :� I VY #a L + L a E 6 4 0 CO) to ! - R u 3 Fx cn a w ro i T ' 9 F•i €�o ivy yS E# r�s_ V — S � J � I aIr,�ll ��'`„�.r� lly ig6 ♦K F SF k" S L �8 pj t LAVENDER HEIGHTS SUBDIVISION CIVIL INNOVATIONS,PLLC Q E faaWc, f co Page 3 B. Final Plat(date: 7/25/2021) vg -'� - 5.LOMF GROVE RO. c2 IbN �Flvv _AOv k0�5 z s,m mo no� _ S PEAK AVE. r 10 r Q m'mO- saoo w+ w � � r No,o'cvt No�om's GLENMERE A4E C s v n - B ao®S Woe old No,00s try" O m os o os Toy Z z w-lo'osw ncoasEh s �Oa o � � san,o�� 8 x ` - 0 a m - mnsrw S. BLOOMERANG AVE. oi6i� DOT —WE x— = �oo s xv,o'as'E A a�N S SACHET A4E w sa,w w- 25 s jyj $O�i O P C/1 z NNC—PA:£5 - z \IL � OSTRNM AVE. e_ _Wm -=a= - � �— �� r�. "_,§ate_''•~-° Nno^8 _ `on �- RM 91 gip _ ICI m o 0 0 0 o co�mo �ycmn MH m n - OmU_ yam, m� �R� s �° ➢�mp m7 m m >�n N � O N mu mn��viA➢r - - _� °� m - D O-mz o M 3 O - s Lo 6ymiz� os n m PZOR _ - prmi v mg 7 - 2 4 obi - - � a m O D A lD N Page 4 C. Landscape Plans(date: 7/14/2021) I I r � , � II I I W LL LANDSCAPE REQUIREMENTS Z i PHASE III LI W O Q NC. (� --- W—Z w< — .. �W �l l __ __ _ e STREET&FfER REPMFEMENTS 0 WLu Q a� �O SCHEDULE ri nrs J f OTY.NEY EOTAN—NAME I COMMON NAME 'SILEN NOTES CIASS , _ — _ /l_ • ill pECIWOIIS SNADETPEE6 �. PHASE I-OUTSIDE. ` Y LIMITS QP WORK FLOWERING TREES I I¢3a.I T OVERALL LANDSCAPE PLAN _ - - { Z L1.D Page 5 Q PLANT SCHEDULE CALLOUT LEGEND LANDSCAPE LEGEN❑ _ a = z : ?allo : I I� Q�oa OA x �a i ¢L'i w�-x��.,z� - AREA fi PEA ❑ A�LAND APE PLAN-AREA NE o AREA MAP -n� - L1.1 PLANT SCHEDULE om E `. iT 1 . CALLOUT LEGEND LANDSCAPE LEGEND 00 ` v. =Q o I aJm¢ . C� aNOQ o . P z j z `_v� m � a � �__'1 ��6 if3ill ❑ LAND CAPE PLAN-AREA TWO T AREA MAP - •- u.z Page 6 PLANT SCHEDULE 1 ! ■ CALLOUT LEGEND LANDSCAPE LEGEND - o F�� \ R:LC i T.T .., 'V w...wr. � wo 4 . / , I allo< km LANDSCAPE PLAN-AREA THREE 2 LL �eir K e �I LL � � __ __—__ � � aREa �■c ff-`IE � T D „ u TAREA MAP -.. 10 L13 I LANDSCAPE NOTES fN — pp�-�i f■ 70PSOIL NOTES 2 VINYL FENCE PANEL .__...,.__.,. 3 PLANNTEiRnQED CUT EDGE - nr nr�as _ LU TURF AREA PREPARATION NOTESl m ¢ DECIDUOUaS TREEoPLANTING rA aR�s a N o 0 w wy< z _ ------- e WEED ABATEMENT NOTES 4 PERENNIAL&GROUNDCOVER •- � a PLANTING z- i — R IRRIGATION NOTES IS 1; Z i O . U z0 5 HR R PLANTIN CONIFEROUS TREE PLANTING _ _n.�". L1.5 Page 7 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(H-2020-0009,DA Inst. #2020-106343). 2. The applicant shall obtain the City Engineer's signature on the final plat by May 12,2022, within two(2)years of the date of approval of the preliminary plat(May 12,2020),OR within two(2)years of the date of City Engineer signature on the previous final plat phase,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 07/25/21 by Clinton W. Hansen, is approved with the following conditions: a. Note#4: Add instrument number; b. Add the Book and Pages for the Lavender Heights Subdivision No. 1 on the final plat. c. Add the instrument number of the existing Meridian sanitary sewer easement noted on the plat. 5. The landscape plans shown in Section V.C,prepared by Breckon Land Design, dated 03/24/21,are approved as submitted. 6. With the Final Plat Signature application,the Applicant shall submit a Common Drive Exhibit for Lot 26,Block 2. 7. Prior to City Engineer signature on this final plat,the applicant shall submit proof of the recorded public access easements for the multi-use pathway(Lot 23,Block 2)required with Phase 1 development. 8. Future homes constructed in this phase shall be generally consistent with the elevations approved with the preliminary plat application(H-2020-0009)with materials and architectural features to be the same or of higher quality as shown in the elevations. 9. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 10. 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. 11. The multi-use pathway along the south side of the Farr Lateral shall be owned and maintained by the HOA and incorporated into a common lot with a future phase of development. A. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. Due to issues with sewer services settling across infiltration trenches, where possible, relocate trenches to minimize the number of service crossings. Page 8 2. The soil report information is from May of 2006. The applicant shall provide updated geotechnical or soils information to be reviewed prior to signature of the final plat. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided 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 Page 9 may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round Page 10 — 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 11 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for TM Crossing No. 5 (FP-2021-0045) by Brighton Development, Inc., Located at the Southeast Corner of S. Ten Mile Rd. and S. Vanguard Way E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Staff Contact:Sonya Allen Meeting Date: September 7, 2021 Topic: Final Plat for TM Crossing No. 5 (FP-2021-0045) by Brighton Development, Inc., Located at the Southeast Corner of S. Ten Mile Rd. and S.Vanguard Way Request: Final plat consisting of 4 buildable lots 3.23 acres of land in the C-G zoning district. Information Resources: Click Here for Application Materials STAFF REPORT C� w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT A H O DATE: 9/7/2021 Legend �. �- 0 TO: City Council I i Lccu-fio^ ---FROM: Sonya Allen,Associate Planner C-N IvL �. - 208-884-5533 RUT SUBJECT: H-2021-0045 R- -. R- TN- TM Crossing Subdivision No. 5 -C R - C-C a PROPERTY LOCATION: R.g RU. Southeast corner of S. Ten Mile Rd. & S. -E R Vanguard Way in the NW 1/4 of Section _ 14,T.3N.,R.1W. R 1l-,E RUT TN6R LSO R-15 TN C UT R- R-8 R-& V I. PROJECT DESCRIPTION The Applicant,Brighton Development, Inc.,requests final plat consisting of four(4)building lots on 3.23 acres of land in the C-G zoning district for the fifth phase of TM Crossing Subdivision. Note: The proposed final plat is actually the second phase of the TM Center Subdivision preliminary plat(H-2020-0074). II. APPLICANT INFORMATION A. Applicant Josh Beach,Brighton Development,Inc.—2929 W.Navigator Dr., Ste. 400,Meridian, ID 83642 B. Owner: Robert Phillips,DWT Investments,LLC—2929 W. Navigator Dr., Ste. 400,Meridian, ID 83642 C. Representative: Same as Applicant III. MERIDIAN,ID 83642 STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H- 2020-0074) as required by UDC 11-6B-3C.2. The proposed final plat depicts the same number of building lots as approved with the preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary as required. Page 1 IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. V. EXHIBITS A. Preliminary Plat (dated: May 29, 2020) TM CENTER SUBDIVISION PRELIMINARY PLAT VIOINI Y MAP:I"-iW A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 AND A PORTION OF THE VW.F"NKLINRDWEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 14,TOWNSHIP 3 NORTH,RANGE 1 WEST,BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO,2020 o ,IED..oFGRAwI,�E,N„E 0 0 j o C o O O PRELIMINARY PLAT DATA LEGEND ® © ® C Y � O O u ® ® emu [ SLIRVEYOONTROL NOTES OQ° ® WLM£�r ® � m.rwuse wv usa.m - nm nets�a .sn n0 vnm u TM CENTER SUBDIVISION _ MERIDIAN,IDAHO - —E—EET m,�artM� iv.w xna a-.•' ru yc'Py,cf� km mal un x d..in,�r.m.,io..m ,.I cslP,eIb P.F. �uPP. Page 2 B. Final Plat(dated: 8/11/21) PLAT OF _— N. TM Crossing SubdivisionJOTNORTHWEST No.5 A PARiSL OF LANDS ITUATED IN THE SOUTHWEST V4 OF THE 110 OF SECTION 14, TOWNSMP 3 NORTH,IT 1 WEST,BOISE MERIDIAN,OFYOF MERIDIAN,ADA COUNTY,IDAHO. ]L21 FOUND BRASSNWI PER C kF N0.t1WT�'{a o 90 10e 1fG f6T�Y P�Sale-1':5p' SHEET INDEX �EEr i -Pur I.r u]o LEOEw �r s -No*Es.NFL cw�+c++e d 0•a]ER`5 9E£P] -CfRORGTEg•NP•PRIeW.L9 I I LEGEND FcuNo awss cv as Norm i] g E 6 PwNv r.unwuR ow ns N61W 1 • LEr s/5'RfE•r>mm aR16rS 0'P WRKEP I ua tvuc • sET+/x"Rmae.rm rume dr r•rEN S.V 'ra vuE• iA}NDURER 9Y SB'4]E ry,P1' � �——— vmrvePn eNundln uNE d� I TAT LIE y JAI SECTIINI UNE '�n� •�•0° sORLPNi PROPERTY LINE >^'.ni b� Nr6(I I'31t _ �cEMFAuvE y 'S6'ZT�Nf ! EPSeT.2NF uN[ xsgo' 4&OS' � ! ± O1 r REFERENCES f pl. TMW�dN aRYEY Na R353 R[CPC665W1�rt,[Wq Cm a wed ¢uAir j Op` `�' s. REr¢s TP. nwatt -rxim, PFR HR.Mn RC¢T-�- ,p S 3S VE A5. PEUMN OE SIRrtY Ib.>>9K.efCOuvS rno sv+GVN+N'.FK+. J n93' �dq5 of Pw lvxn i,iwo. oui 2T. I ¢ � � EUatK TARE I I _ fyw� uwam mart eRa orRa io ] 1] m.PY te4Y4x•mesa eeE aoe.m' b a I �� 1 rnr or REa rTEe ru `g •Mex• anT'art a'sn.00 .xa eaa'ffi wru•tet eo.s4 z S Q I � � +rrm.sr:w.mxt. Tm�.• wn• e• eeem�4t es.� i I � I � 1 ra am a��V erm'sY sw�e2r� ' Parr a�miRCNcvwr 1 L_____ F4/4 EECTe]N 14 01 NµWUE,4E OfP W9.11'30Yi ci re4rs of r! rvRe`�s swan 5•.tf' PER�aF 031es3 Ie LF eEeNNNO 90.3Z �____�i Ce ruti r n'� ae'vPlr]n.x4 9W't]'SO•E_R 13R93' TI.21' L HRP•I1'SO'W 4yyN' e,a arTxVO vfY]e' Nsvr.P4TY 1,4' (fNIN 0 r d1TID ]33'r' Sag�19Yi 21.14 O TM GLHiiPg SNOAYfLn Cr] AZC•' 151TE5' n61JtP[ ]1.r4 pwE IA Par[eIB rent R ROS SIB6F RPS k 1866 uy M IrM NARRATIVEIan ` S' iK N.im'r£d imir�I4[rA.�H TM Ma;�Krba IX9T G CPrlrklaFAMM1.N ID>NDJpBE •trt !else]�ax Krc 'vf'!.&A>•� Page 3 PLAT OF TM Crossing Subdivision No.5 ¢,RIVICATE OF OWNERS NOTES mE tEfr�MmEn w TxEg Iwpne.auv>�unEERmxER a me weEa v TIE,Ex xwrEmr npyENR ,, _ _BW E Nwuc•etE mrew rEpiAnpvs p'TxE ott v NEEpwI F+>N[b a yule fmuTEp I.••4An0.d fONnrRlT r.LC nx werMns tII.v sEemn I•,w.rdAR a x naive wTN TIE NvnfaE�i xONec B v ME—a-- wRILO`RMDE,Nm,eunE rea[..I,mr[F beaLMA mvx[r,ovi0.•xD p(wf Wn AMMUWLr DDxeeEs �ni M Ti[ THE V6DntDG,r a. snru sET A NNYIf v tf-INe�s.lev.[ix(Nry�i CSirpyq(D •EST III EDaIFA or sxn SECTMu 101,4 n IVI[f SDP]5'SY.n t"Ib`WOAW W w.eT(.MUTd•"� MIND:faOW�MEtm.�WµirI i C W ME wA+n.laT,j�W W B2 W�-vseaTTSVE A p ISTAkxa v TI.aT •. _ we.4ti M•D[N0.DA.b+i,wlCryCxT,nWKtD K EGTllwbrr ee.— v•vn FFEI TO A SEr BA-1: fdp.R Nn®xo ME PqM ff BE[t1mxG •EAsw];E DF]]CJ]ERT ro.SR!/s+•C,noun s. 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ME on°swm SR"ninTe`g` not m sore a.e.w wm•r.ni olT:olm aolii°A°.fO4 Tin°e nT �eD�cai.o.Ta.x .EiORw ar Rr,EwE new uio t T1� _ eEa-M.ml a w.nµTz wxanna..a.e+.als_D" .can cnr N�.�N xrmerc TD SEm[fr-L • N � uo Iwo THE RLex NOI T-0F_tyxTg NNv ro.'UTutt EME—M Ns vEU N EATED NDTEa aN"T. 1° CERTIFIGTE pF$AIRV EYpR .Mar L.uo°r"n,'.�"T'rnt0is rL`—T TM eeLasi c waolxsor°.:'s°.""R c""ccmR°N1m w �>.cArz °wilrEcs`.n os ,n10D kam.mI rs.�raln Mi Ro°3"olu` ',m TMIvr'.`,w"o"Is�car T:.m ME oar=M`N9°r �"ERAg D •ll�Zti 6n !N G I N[![I N 6 RqX.�63e[AA InerdNFux Page 4 EN C. Landscape Plan(dated: 7/21/21) m W IT I Vii* 3ONCE GN CPMA3HMERTCWkVB .. �^.ur...c.rt••c�]_'r'Eis ' o-¢i.mc f � E 1 2 .r .� T: L 5 • V A 7+ 8 ACC€SLATE DETAIL L g Ma_ T w gAcno rAaurvsEcrvi -- ------ .., ", "❑ 7i w— s z d - :,:.::.:.`. 10 YPEA_PA�EEn E�HaHG 11Ea-EaN ESE �H�G EENCE ANO IINEAf ACCENT STONE IAYOIfP ----------- —EA-PAHE—LE SEEOETAIL6]L. TYPES-OECOAAP4E STYI£FENCING.SEE OETAILK32. ACCESSGATE-5£E OEEAILK& 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 [Ten Mile Center AZ-14-001; TM Center H-2020-0074,DA Inst. #2021- 089157]. 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 KM Engineering, stamped on 8/11/21 by Aaron L. Ballard, included in Exhibit B shall be revised as follows: a. Note#4: Include the recorded instrument number of the Development Agreement (Inst. #2021-089157). Page 6 b. Note#7: Include the recorded instrument number of CC&R's. 5. The landscape plan prepared by KM Engineering, dated 7/21/21 included in Exhibit C, is approved as submitted. 6. The subject property shall be subdivided prior to issuance of any Certificates of Occupancy for the site per requirement of the Development Agreement. 7. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works-General Conditions: 1. Sanitary sewer service to this development is available via existing mains. 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. Unless sewer line will be extended in the future, main to SSMH-03 should be 0.6% slope. 2. Water service to this site is available via existing mains. 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- Page 7 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. 8. 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. 9. 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. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. All grading of the site shall be performed in conformance with MCC 11-1-4B. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. Page 8 19. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 20. 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. 21. 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. 22. 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. 23. 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. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 9 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for The Landing No. 13 (FP-2021-0040) by Rock Solid Civil, Located at 660 S. Linder Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: AUGUST 24, 2021 ORDER APPROVAL DATE: SEPTEMBER 7, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF EIGHT (8) ) CASE NO. FP-2021-0040 BUILDING LOTS AND TWO (2) ) COMMON LOTS ON 2.43 ACRES ) ORDER OF CONDITIONAL OF LAND IN THE R-4 ZONING ) APPROVAL OF FINAL PLAT DISTRICT FOR THE LANDING ) SUBDIVISION NO. 13. ) BY: ROCK SOLID CIVIL ) APPLICANT ) This matter coming before the City Council on August 24, 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 THE LANDING SUBDIVISION NO. 13, LOCATED WITHIN THE NW 1/4 OF SECTION 13, T.3N., R.1 W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: 6/28/2021, by JEFF BEAGLEY, PLS, SHEET I OF 3," is conditionally approved ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THE LANDING NO. 13 FP-2021-0040 Page 1 of 3 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 August 24, 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 Jason Waudby, Rock Solid Civil, 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 THE LANDING NO. 13 FP-2021-0040 Page 2 of 3 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 7th day of September , 2021. By: Robert E. Simison 9-7-2021 Mayor, City of Meridian Attest: Chris Johnson 9-7-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 9-7-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THE LANDING NO. 13 FP-2021-0040 Page 3 of 3 EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING 8/24/2021 Legend - - -- DATE: ff -- Projeci Lacfliar TO: Mayor&City Council FROM: Sonya Allen,Associate Planner ' 208-884-5533 f SUBJECT: FP-2021-0040 Landing No. 13 LOCATION: 660 S. Linder Rd.,in the NW 1/4 of --- Section 13,Township 3N.,Range 1 W. - ��ffflll ' I I. PROJECT DESCRIPTION Final plat consisting of 8 buildable lots and 2 common lots on 2.43-acres of land in the R-4 zoning district. II. APPLICANT INFORMATION A. Applicant: Derritt Kerner,Rock Solid Civil—270 N. 27" St.,Boise, ID 83702 B. Owner: Rustin Ray, Stetson Homes,Inc.—339 W. State St., Ste. 101,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-2020-0005—Landing South)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 did not increase and the amount of common open space remained the same. Therefore, Page 1 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 with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 10/5/2020) FRFLWM YA TFCR THE LANDING SOUTH SIUEUMSION A FUR17(N OF THE S W IM OF THE MW 1AOF SEGTXW 13, T.M.,A.1W S.M., MEWMW.AOA GOIIM1'iY.fOAMO .��.. 7020 hrnum nsv V-21 I '..I ..�.� ....,� +. s� wtavYr `�'I J 0I ss i i I.._. _.._..J.._.._ a gI I�I 6 I '`Y pw `'s3 1► + \ a� 3 mwvemvc nwn."eswe..o..mem,mycuem ___'- _ ___ g I B. Final Plat(dated: 6/28/21) THE LANDING SUBDMSION NO.13 9]O:/„PAGE _ LOCATEp"""THE NW"OF SL"R,13,T 3 N,9 1 W., CM OF MEALOIAN,AM CdAYT]'IMHO 2021 •1'AAN10�1 LEGEND SP jI I \4•\�,�\4,� � >s¢ux�,x�xe.Ls^ .�.,� �rroran wx��swmno.ut.w•.w.e...mws M' I i P I . III 2aw5.—A- -- —_-- --J I EMMEI.1D SM17 (2W6 39W6164 11574 FAX(269)39MOF � � l.� rn>L1.G www.sawrmrmxmM 600K—PAGE.. 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Landscape Plan(dated: 06/14/2021) LANDBCAIIE CALCJLA7 CN5 rLA�,7 FALETTE x", �=F`w,,,�. IIIVI I V I F -L. 111 6- -1-11 nor_ �P;a US -1- F7%E,, �;T-ZTF -------- �2 < LU 0 S2 z U) Z n-LU AL z < -j LL I 192,1L, I IM 2 LU 2' =T�M��T�- NIX- -EN�r VINYL PRIVA�"FENIE RON r I-E-E TIE 1111 (D TREF PLA14TIN&5TA<IW, SRFZM PLANTINr VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the preliminary plat(H-2020-0005) application 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 Council's approval of the preliminary plat(by December 22, 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 Sawtooth Land Surveying,LLC, stamped by Jeff Beagley, dated: 6/28/2021,included in Section V.B shall be revised as follows: a. Note#8: Include the recorded instrument number of the ACHD landscape license agreement. b. Note#11: Include the recorded instrument number of the amended CC&R's. c. Remove the call-outs for the 10' and 5' landscape buffers on the north side of Lots 57 and 64, Block 5 as landscape buffers are not required in those locations, only along S. Linder Rd. d. Change the 55' NMID"buffer"to"easement"if it's an easement. A copy of the revised plat shall be submitted for City Engineer signature. 5. The landscape plan prepared by Jensen Belts Assoc., dated 06/14/2021, included in Section V.C, is approved as submitted. 6. A 14-foot wide public pedestrian easement for a future detached pathway along S. Linder Rd. is required to be submitted to the Planning Division with the final plat for City Engineer signature; coordinate the details of the easement with Kim Warren,Park's Department. 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. All fencing shall comply with the standards of UDC 11-3A-7C. 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. Sewer service crossing infiltration trenches should be minimized. The existing infiltration trench can be moved North to eliminate excess crossings. 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 Page 5 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. 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 certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(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 7 EXHIBIT B From: Jason Waudbv To: Sonya Allen Cc: Derritt Kerner Subject: RE: Landing#13 FP-2021-0040 for Council on 8/24 Date: Thursday,August 19,2021 12:01:00 PM Attachments: imaae007.Dna image013.pnna External Sender-Please use caution with links or attachments. Sonya, Not sure if you were awaiting confirmation of our agreement with your staff report, or if no written response equates to agreement?To confirm, we agree with the report and are happy to proceed with the consent agenda on August 24th Thank you for your efforts on this project. Regards, Jason Waudby, P.E. �-A` ROCK SOLID CIVIL CIVIL ENGINEERING AND LAND DEVELOPMENT CONSULTING Physical: 270 N 27th Street Suite 100 Boise, Idaho 83702-4741 Mailing: P.O. Box 5098, Boise Idaho, 83705-0098 (208) 342-3277 Office Main (208)514-4177 Direct (208) 376-1821 Fax jwaudbyoic rocksolidcivil.com www.rocksolidcivil.com IDAHO/CALIFORNIA/OREGON /WASHINGTON THIS E-MAIL MAY BE CONFIDENTIAL:This e-mail,including any attachments,may contain information that is confidential and/or non- public information. It is intended to be conveyed only to the designated recipient or recipients.If you are not an intended recipient of this message,please(a)do not read,copy or disclose the contents of this communication to others,(b)notify the sender at(208)342-3277, and(c)return the message and delete it from your system.Unauthorized use,dissemination,distribution,or reproduction of this message is strictly prohibited and may be unlawful.Thank you. The attached electronic files are for informational use only. They do not represent nor replace stamped,signed hard copies. They may or may not represent the intended purpose and the user shall be fully responsible and liable for his use of the files. From: Derritt Kerner<dkerner@rocksolidcivil.com> Sent: Wednesday, August 11, 2021 3:43 PM To:Jason Waudby<jwaudby@rocksolidcivil.com> Subject: FW: Landing#13 FP-2021-0040 for Council on 8/24 FYI Derritt Kerner, PE �- 1 ROCK SOLID CIVIL CIVIL ENGINEERING AND LAND DEVELOPMENT CONSULTING 270 N 27th Street Suite 100 Boise, Idaho 83702-4741 (208) 342-3277 Office Main (208) 391-7682 Direct dkernerQrocksolidcivil.com www.rocksolidcivil.com IDAHO/CALIFORNIA/OREGON /WASHINGTON THIS E-MAIL MAY BE CONFIDENTIAL: This e-mail, including any attachments, may contain information that is confidential and/or non-public information. It is intended to be conveyed only to the designated recipient or recipients. If you are not an intended recipient of this message, please (a) do not read, copy or disclose the contents of this communication to others, (b) notify the sender at (208) 342-3277, and (c) return the message and delete it from your system. Unauthorized use, dissemination, distribution, or reproduction of this message is strictly prohibited and may be unlawful. Thank you. From: Sonya Allen <sallen(@rneridiancity.org> Sent: Wednesday, August 11, 2021 2:03 PM To:Adrienne Weatherly<aweatherly(@meridiancity.org>; Charlene Way<cway(cDmeridiancity.org>; Chris Johnson <cjohnson(@meridiancity.org> Cc: Derritt Kerner<dkerner(@rocksolidcivil.com>; Bill Parsons<boarsonsPmeridiancity.org> Subject: Landing#13 FP-2021-0040 for Council on 8/24 Attached is the staff report for the final plat for Landing#13.This item is scheduled to be on the consent agenda at the City Council work session on Aug. 24th. 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. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (cityclerk(@meridiancit)l.org) and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Thanks, Sonya Allen I Associate Planner City of Meridian I Community Development Department I Planning Division 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Direct/Fax: 208-489-0578 (fE IT� Built for Business, Designed for Living 0®©0 0 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. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Creason Creek Subdivision No. 3 (SHP-2021-0003) by ULC Management, LLC, Located on the East Side of N. Linder Rd., South of W. Ustick Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-' AND DECISION&ORDER In the Matter of the Request for a Short Plat to create two buildable lots on .4 acres of land in the R-8 zoning district,by ULC Management,LLC. Case No(s).H-2021-0003 For the City Council Hearing Date of: August 24,2021 (Findings September 7,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of August 24,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of August 24, 2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of August 24, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of August 24, 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 August 24,2021, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CREASON CREEK 3-FILE#H-2021-0003) - 1 - 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 Short Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 24,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of 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). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to 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. 2. 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CREASON CREEK 3-FILE#H-2021-0003) -2- F. Attached: Staff Report for the hearing date of August 24, 2021. By action of the City Council at its regular meeting held on the 7th day of September 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 9-7-2021 Attest: Chris Johnson 9-7-2021 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: 9-7-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CREASON CREEK 3-FILE#H-2021-0003) -3- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 8/24/2021 Legend HE legPra}eci Lcoulon TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner : . , -'Ytif CI44kp 208-498-0573 SUBJECT: SHP-2021-0003I Creason Creek No 3 Short Plat W- - - I LOCATION: The site is located on the east side of N. ; Linder Rd., south of W. Ustick Rd. on �—"Q Parcel#R1606170010 { 1. PROJECT DESCRIPTION The Applicant proposes a Short Plat consisting of 2 buildable lots on 0.4 acres of land in the R-8 zoning district. IL APPLICANT INFORMATION A. Applicant: Bob Unger,ULC Management—6104 N. Gary Lane,Boise,ID 83714 B. Owner: Cory Swain, CS2 LLC—3363 E. Presidential Dr, Ste 200,Meridian, ID 83642 III. NOTICING City Council Posting Date Newspaper Notification 8/6/2020 Radius notification mailed to properties within 300 feet 8/4/2020 Page 1 IV. STAFF ANALYSIS In September 2015,the subject property was part of the Creason Creek annexation and preliminary plat(DA Inst. 2016-019362,AZ 15-009,PP 15-014). This plat consisted of 51 single family lots and 8 common lots on 16.08 acres. The entire property was zoned to R-8.At this time,the subject property was identified as Lot 1,Block 1 and was designated as a common lot for the purpose of a dog park. The first final plat(Filing One) for 34 buildable lots was approved by the Council in March of 2016 and Filing Two for 13 residential lots and 2 common lots was approved in May of 2018 (H- 2018-0037). In 2019,the Council approved a modification to the previously approved Final Plat No 2 (H-2019- 0139)to relocate the dog park designated for the subject lot to Lot 13 and portions of Lots 14 & 15 in Block 1. It also adjusted the boundary of Phase Two to include additional land into the subject lot so it could be subdivided into two buildable lots. This"land swap"increased common area from 16,183 sq. ft. to 16,268 sq. ft. The current proposal(Phase 3)is a short plat to complete the subdivision of Lot 1,Block 1 into two buildable lots(now shown as Lots 16& 17) as was discussed at the Council meeting for the Phase Two modification. Access will occur via a common drive from NW 13t'St to the east. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5. Staff notes the access proposed for the subject lots is via a common easement, whereas UDC 11-6C-3.D requires all common driveways to be on a common lot. Staff has requested the applicant provide an exhibit demonstrating there is sufficient building area with the 20' street setback being measured from the property lines of the common lot versus across the driveway common easement. This exhibit has been provided in VI.D. Otherwise, staff deems the short plat to be in substantial compliance with said requirements.There is no increase in total lots and the amount of open space has slightly increased. V. DECISION A. Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report. B. The Meridian City Council heard this item on August 24,2021.At the public hearing.the Council moved to approve the subject short plat rem 1. Summary of the City Council public hearing: a. In favor: Bob Unger b. In opposition: Steve Kiser. 1354 W Claire St c. Commenting: Bob Unger 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. Steve Kiser expressed concerns regarding the lack of notification that occurred during the final plat modification that allowed the subject lot to be buildable,the unattractiveness of vinyl fencing, and potential water rights issues. 3. Key issue(s)of discussion by City Council: a. Council discussed access to the dog park, and water rights issues associated with the Creason Lateral. 4. City Council change(s)to Commission recommendation. Page 2 a. None Page 3 VI. EXHIBITS A. Approved Preliminary Plat(date: 7/18/15) II y Y LS RG{RI wnr - 71-Y Y' • a � � 4,11 rt i 9 MT ff WNW .11 Ilk 4 y I• { Y ti ti I d - i f j — 11 r i 4 �■ ° 1 !! B. Approved Preliminary Plat Showing Area of Land Swap. o -� o CD M 0 p 5 - ----------r — — N _ m EL Final Plat Mod H-2019-0139 changed these buildable lots Nss os'35"w 7a9.a7' to common lots to '"" " �& accomodate the dog z T park initially c pro posed for the subject lot. 9 @� s a 6 Am i�gpq�H" Subject lot. Was 01 � �3 originally R" gm zi s� 7_�� designated y e s .1 asado g e a park.City s t g' � �� A >� =` @�a 8 Council I@ Fv� an l approved N89'17's P ls3-88' �g� 8 ap W �, � �y s., $ o this being awe 5� a m � o K; converted to two 1 1I I1} /a IF e � a a € rya buildable s e a �mwT� a .� $a � lots with €o IF � 'u na ; 1 I Final Plat good A A; ms g� v� �n=�� Mod c M w � H-2019.013 Aa s R g A � a Page 5 C. Proposed Short Plat �&F NUl 199.09E-93 zw Na -BASIS Or BEARING 207-12DM6 3s _ w V511Gx RD, SBA-4S0 2-E 7562,34' 1 -M -- — ---,- -- - --JIB 1/4 4 , Z P N1 x I 189.47' LS 1111E An I V4 W A vl POINT OF BE"IhVINGbrFF f FpJNp 1 PLS 1111E }.�� ,Q sEr SIT c '4 BLXK 1 91E31 LYM SUM 15M BK 48, 'G 3EPI-MM r4 D, _ � FOUND % T,dEJ 2• PLS 11119 { r U a 07 I i BLOCK 1 i ` LS 111 6 L r EUgl3'___� L---------125,W-1-----973 fSOYAJd N9977'55'W 15J,96' LS io--1 �• 4,5.5 �k'E9T3�OIF� I II WOUAN PARK WWM510N W. 1 L ■K. 43.PC 3856-M57 ? 1 lfi 'Cd04+G955 Page 6 D. Proposed Site Layout 66 17,X 0 _ Im C:) ft a 0 LO --ft 3' cn 0 �� ILI -40 4A 1 „ Page 7 VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. The applicant shall comply with all applicable conditions of approval associated with this site (AZ-15-009;PP-15-014; H-2016-0087; H-2016-0022;H-2019-0139) and recorded development agreement instrument#2016-019362. 2. The applicant has until August 24,2023,to obtain City Engineer's signature on the short plat or apply for a time extension in accord with UDC I 1-613-7. 3. The final plat prepared by Land Solutions,dated 4/19/2021,prepared by Clinton W. Hansen, shall be revised as following: a) The common driveway easement shall be revised to a separate lot,per UDC 1I- 6C-3. b) Remove setback dimensions. c) Note 11 shall be revised to address the common lot. d) Note No. 9 shall include instrument number. 4. 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. 5. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 6. Prior to City Engineer's signature on the final plat,the applicant shall provide a common drive exhibit that demonstrates all requirements of UDC 11-6C-3 are met, including widths,fencing and landscaping. 7. The applicant shall construct single family detached dwellings in accord with the recorded development agreement. 8. A Flood Plain Development Permit is required prior to any earth moving development activity. B. Public Works Site Specific Conditions: 1. Do not route water or sewer service lines through Lot I to serve Lot 2, ensure water service lines are run through the common drive. 2. Currently no water or sewer mains are proposed. If water or sewer mains are to be built,the design must be reviewed and approved by Public Works Engineering. 3. Two flood plain elevation certificates are required. Initial certificate required prior to foundation inspection approval. Final certificate required prior to C of O approval. 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 Page 8 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. 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 Page 9 elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any Page 10 other applicable law or regulation. VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Medium Density Residential with a density range of 3 to 8 dwelling units per acre. The proposed lots sizes of 7,000 sq.ft.and 9,000 sq.ft.are within this density range,and the overall density of the entire subdivision is 3.24 du/acre. The proposed short plat complies with the Comprehensive Plan and is developed in accord with UDC standards. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Council finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; Council finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance improvements for sewer, water, utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health,safety or general welfare; and Council finds the proposed short plat will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. Council is not aware of any significant natural, scenic or historic features associated with the development of this site. Page 11 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and 10 Mile Franklin, LLC (Owner/Developer) for The 10 at Meridian (H-2021-0025), Located at 75 S. Ten Mile Rd., at the Southwest Corner of W. Franklin Rd. and S. Ten Mile Rd. ADA COUNTY RECORDER Phil McGrane 2021-132704 BOISE IDAHO Pgs=39 NIKOLA OLSON 09/08/2021 02:33 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. 10 Mile Franklin, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 7th day of September 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 10 Mile Franklin, LLC, whose address is 827 Jefferson Blvd., West Sacramento, CA 95691, hereinafter called OWNER/DEVELOPER. 1. 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 § 67-6511A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 40.30 acres of land with R-40(High Density Residential)(13.04 acres) and C-C (Community Business) (27.25 acres) zoning districts 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/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council, DEVELOPMENT AGREEMENT—10 g MERIDIAN (H-2021-0025) PAGE 1 OF 8 includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 27th day of July, 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/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS,City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on.December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to 10 Mile Franklin, LLC, whose address is 827 Jefferson Blvd., West Sacramento, CA 95691, hereinafter called OWNER/DEVELOPER, the party that owns and is developing said Property and shall include any subsequent owner(s) and developer(s) of the Property. DEVELOPMENT AGREEMENT-10 @ MERIDIAN (H-2021-0025) PAGE 2 OF 8 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 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. Owners and/or Developer shall develop the Property in accordance with the following special conditions: a. The subject property shall develop in substantial compliance with the conceptual development plan and building elevations in Section VIII.B and the land use, transportation, and design elements of the Ten Mile Interchange Specific Area Plan (TMISAP). b. The project shall comply with the applicable design elements as noted in the Application of Design Elements matrix in the TMISAP(see pg. 3-49)and the design standards in the Architectural Standards Manual. c. Access to the site via W. Franklin Rd., S. Ten Mile Rd. and W. Cobalt Dr. shall be restricted as recommended by ACHD in Section IX.K. d. The subject property shall be subdivided prior to issuance of the first Certificate of Occupancy for the development. e. The Kennedy Lateral shall be piped in its entirety where it crosses the subject property as required by UDC I I-3A-613.3 unless otherwise waived by City Council as set forth in UDC 11-3A-6B.3a. City Council approved a waiver to UDC 11-3A-6B.3 to allow certain sections of the Kennedy Lateral to remain open as proposed. f. Prior to submittal of a preliminary plat application, the applicant shall execute a mutual agreement with the property owner of parcel#1215131400 on the terminus of W. Cobalt Dr.in conformance with the approved concept plan.If a mutual agreement cannot be reached, the applicant shall design and construct the half section of W. Cobalt Dr., so that the center line for the portion that abuts parcel #1215131400 is along the shared property boundary, with the centerline of W. Cobalt Dr. eventually turning southwest(proceeding from east to west)to allow for a stub in a location to be approved by ACHD. DEVELOPMENT AGREEMENT-10 @ MERIDIAN (H-2021-0025) PAGE 3 OF 8 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 and/or 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, Owners 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/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/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. 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. DEVELOPMENT AGREEMENT-10 @ MERIDIAN (H-2021-0025) PAGE 4 OF 8 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC,to insure the installation of required improvements,which the Owners 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/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: 10 Mile Franklin,LLC 827 Jefferson Blvd. West Sacramento, CA 95691 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. DEVELOPMENT AGREEMENT-10 @ MERIDIAN (H-2021-0025) PAGE 5 OF 8 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of 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/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the DEVELOPMENT AGREEMENT-10 @ MERIDIAN (H-2021-0025) PAGE 6 OF 8 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-10 @ MERIDIAN (H-2021-0025) PAGE 7 OF 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: 10 Mile a I' By: Its: CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 9-7-2021 Chris Johnson, City Clerk 9-7-2021 STATE OF 0l,r�OrYI�ij ) / ss: County of On this Z& day of d 2021, before me, the undersigned, a Notary Puplic in and for said State, personally appeared Erik Pilegaard,known or identified to me to be the A �x4isf- of 10 Mile Franklin,LLC and the person who signed above and acknowledged to me that he executed the same on behalf of said entity. 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) ,._a�,y PHILLIPANDREW FAWN Notary Public-California Notary P/ blic for fh .Or4-,'4 Los Angeles County n Commission 4 2294165 Residing at: 01A My Comm.Expires Jun 26,2023 My Commission Expires: ?DL STATE OF IDAHO ) ss County of Ada ) On this7th day of September ,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: Meridian,Idaho Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT—10 @ MERIDIAN (H-2021-0025) PAGE 8 OF 8 EXHIBIT A Annexation&Zoning Legal Description and Exhibit Map EXHIBIT Drz SCR IrTION FOR THE 10 AT MERIDIAN CITY OF MERIDIAN ANNEXATION The NE114 of the NEIA of Section 15, T_W. R.1W.. P.M., City of Meridian, Ada County. Idaho more particularly described as follows- BEGINNING at NE corner of said Section 15 from which the N114 corner of said Section 15 bears North 89°15'23"West, 2640.72 feet. thence along the East boundary lime of said Section 15 South 00°33'W West, 1.329.09 feet to the N1116 corner of said Section 15; thence along the South boundary line of the NEIA of the NE114 of said Section 15 North iSS"15'02"West, 1,321.18 feel iu ilia NE1/1S ref 6did SecUun 15, thence along the West boundary line of hlEif4 of the NSI14 of said Section 15 North K)W35'22"East, 1,328.96 feet to the E1116 comer of said Section 15; thence along the North boundary Ilne of said Section 15 South 89'A S'23"East, 1.320.37 feet to the REAL POINT OF BEGINNING. Containing 40.30 acres, more or less, 779 Page 1 OASIS OF SEARIKC S,lo &11 Nml± " 2mJ s15 5-14 s�O 1/4 E1 5 W. FRANKLIN RD. s]5 1 a ' Se9qƒF3' 1 !¥ � � . ka § 17553 s£ ; z 4Ca0 IE q S � � z NE 1 # N s'? -02 , t1B N ] 16 N 4 IV SCALE , 0 7729 0 7m Qo ! 0 lb I � * oF � � Z�yEC Page 2 The 10 9 Meridian H 2O21-0025 CEXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EN AND DECISION& ORDER In the Matter of the Request for Annexation of 40.30-Acres of Land with R-40 (13.04-Acres) and C- C (27.25-Acres)Zoning Districts for The 10 at Meridian,by J-U-B Engineers,Inc. Case No(s).H-2021-0025 For the City Council Hearing Dates of: June 22, and July 13,2021 (Findings on July 27,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of July 13, 2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of July 13, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 13, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 13,2021, 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 July 13,2021, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR THE 10 AT MERIDIAN—AZ H-2021-0025 - I - Page 4 reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of July 13, 2021, attached as Exhibit A. D. Notice of Applicable Time Limits 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 July 13,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR THE 10 AT MERIDIAN-AZ H-2021-0025 -2- Item#1. By action of the City Council at its regular meeting held on the 27th day of July 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 7-27-2021 Attest: Chris Johnson 7.27.2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 7-27-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR THE 10 AT MERIDIAN—AZ H-2021-0025 -3- Page 6 EXHIBIT A STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT a w o HEARING June 22,2021 Legend DATE: ff -- Frei c Lac a-'on 4 TO: Mayor&City Council � = • LI FROM: Sonya Allen,Associate Planner 208-884-5533 - SUBJECT: H-2021-0025 " - The 10 at Meridian—AZ LOCATION: 75 S. Ten Mile Rd. at the southwest --- corner of W. Franklin Rd. and S. Ten Mile Rd.,in the NE 1/4 of Section 15, --~ Township 3N.,Range 1 W. I. PROJECT DESCRIPTION The Applicant requests annexation of 40.30 acres of land with R-40(13.04-acres)and C-C(27.25-acres) zoning districts. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 40.30-acres Future Land Use Designation Mixed Use Commercial(22+/-acres);High Density Residential(11+/-acres);Mixed Use Residential(3+/-acres) Existing Land Use Undeveloped agricultural land Proposed Land Use(s) Mixed use(residential/commercial) Current Zoning RUT in Ada County Proposed Zoning R-40(High-Density Residential)(13.04-acres)and C-C (Community Business)(27.25-acres) Neighborhood meeting date;#of 3/29/2021;no attendees other than property owner attendees: History(previous approvals) None Page 1 B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) No • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Two(2)accesses are proposed via Franklin Rd.,two(2) Hwy/Local)(Existing and Proposed) accesses are proposed via Ten Mile Rd.,and one(1)access is proposed via Cobalt Dr. Fire Service No comments were submitted. Police Service See comments in Section IX.D. Wastewater Distance to Sewer Services Adjacent to parcel Sewer Shed South Black Cat trunkshed Estimated Project Sewer See application ERU's WRRF Declining Balance 14.14 Project Consistent with WW Yes Master Plan/Facility Plan Impacts/Concerns None Water Distance to Water Services Adjacent to parcel Pressure Zone 2 Estimated Project Water See application ERU's Water Quality None Project Consistent with Water Yes Master Plan Impacts/Concerns None Page 2 C C. Project Maps Future Land Use Map Aerial Map Legend 0 Legend ff Pr6pe i Lcmafior NtU ` F,v:eC Loco= rr IA,e d-H ig. e d Midi MU-Res MU-C-V rn - Zoning Map Planned Development Map Legend UT R-15 . . _ .,p 0 Legend ' r idPpcjec�t LconfK:m R � letPresje-:­'Lcr-a'ar - ;-" city Lr^ -- i RUT — Plbnr-ed Fnoces f RUT I-L � L R1 R= .5 C-N R-15 �- C R-4 3 RUT _ ■ 1N-E TN-C C.0 H-E III. APPLICANT INFORMATION A. Applicant: Wendy Shrief,J-U-B Engineers,Inc.—250 S. Beechwood Ave., Ste. 201, Boise,ID 83709 B. Owner: Erik Pilegaard, Elk Ventures,LLC 5137 Golden Foothills Parkway, Ste. 100, El Dorado, CA 95762 Page 3 Page 9 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 4/30/2021 6/4/2021 Radius notification mailed to property owners within 300 feet 4/27/2021 6/2/2021 Public hearing notice sign posted 5/7/2021 6/9/2021 on site Nextdoor posting 4/27/2021 6/2/2021 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: The majority of this property is designated Mixed Use Commercial(MU-COM) (northeast 22+/- acres)and High Density Residential(HDR) (southwest 11+/-acres)on the Future Land Use Map(FLUM)in the Comprehensive Plan with a narrow sliver of Mixed Use Residential(MU-RES) (3+/-acres) along the southern boundary which will mostly be right-of-way for W. Cobalt Dr. This property is located within the area governed by the Ten Mile Interchange Specific Area Plan (TMISAP). The purpose of the MU-COM designation is to encourage the development of a mixture of office,retail, recreational, employment, and other miscellaneious uses,with supporting multi-family or single-family attached residential uses(see pg. 3-9 in the TMISAP for more information). HDR designated areas are multiple-family housing areas where relatively larger and taller apartment buildings are the recommended building type. HDR areas should include a mix of housing types that achieve an overall average density target of at least 16-25 dwelling units per gross acre(see pg. 3-7 in the TMISAP for more information). The purpose of the MU-RES designation is to encourage a diversity of compatible land uses that may include a mixture of residential,office,retail,recreational, employment, and other miscellaneous uses(see pg. 3-8 in the TMISAP for more information). Mixed use designated areas in the TMISAP are recommended locations for development of activity centers that are specifically planned to include both residential and non-residential uses.Mixed use areas are anticipated to have 3 or more significant income producing uses(i.e. retail, office,residential and lodging facilities)with significant functional and physical integration in conformance with a coherent plan(pgs. 3-7 &3-8). The site is proposed to develop with a mix of uses(horizontal and vertical)as shown on the conceptual development plan in Section VIII.B. High-density 4-story multi-family residential apartments (380 1-and 2- bedroom units) are proposed in the HDR&MU-RES designated portions of the site with 3-story multi- family flats(137 1-and 2-bedroom units)and townhouse style(24 3-bedroom units)units with a clubhouse/recreation center [14,000 square feet(s.£)],3-story vertically integrated mixed use [primarily retail uses on the lst floor(20,025 s.£)with residential(42 1-and 2-bedroom units)on the 2'and 3'floors] and single-story financial institution(5,000 s.£),mixed use service retail buildings (52,775 s.£)and restaurants (9,250 s.£)with drive-throughs with 2-story office buildings (46,600 s.£)proposed in the MU- COM designated portion of the site adjacent to Franklin and Ten Mile Roads. A total of 559 residential units and 147,650 s.f. of commercial uses are proposed to develop in the overall site. Page 4 Staff finds the mix of income producing uses proposed as well as the vertical and horizontal integration of such uses and residential densities interconnected by pedestrian walkways and amenities is generally consistent with the goals of the TMISAP for this area. Transportation: Cobalt Drive is proposed to be extended as a collector street from S. Ten Mile Rd. at the southeast corner and along the southern boundary of the site consistent with the Master Street Map in the Comprehensive Plan and the Transportation System Map in the TMISAP. The proposed collector street network approved with the annexation of the Janicekproperty to the south (AZ-11-001, DA Inst. #112073616)depicts the extension of Cobalt as proposed with this application with the western segment lying off-site on the adjacent property to the south. Design: Conceptual building elevations were submitted for the multi-family residential structures and the associated clubhouse building. The design of the proposed multi-family structures appear to be of a high quality and are generally consistent in style,materials and colors. Elevations weren't submitted for the commercial portion of the development as tenants are unknown at this time. Final design of the site and all structures is required to comply with the design elements of the TMISAP per the Application of Design Elements matrix on pg.3-49 of the TMISAP and the design standards in the Architectural Standards Manual. The commercial portion of the development should incorporate similar design elements,colors and materials as the residential portion of the development. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) A variety of multi family housing is proposed in this development consisting of flats, townhome and apartment style units, which will contribute to the variety of housing types in the City, specifically in the Ten Mile area as desired, that should cater to different financial capabilities. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Locate higher density housing near corridors with existing or planned transit,Downtown, and in proximity to employment centers."(2.01.01H) The site is located at a major intersection along two major mobility arterials (Franklin and Ten Mile Roads) and in close proximity to employment centers. Transit services exist in the Ten Mile Crossing development to the east at the intersection of Vanguard/Wayfinder to serve this area—other transit stops may be added in the future. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine, play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The proposed project with multi family residential and a grocery store with nearby employment (retail/office uses) and restaurant uses, should provide a good mix of uses that residents won't have to travel far for, thus reducing vehicle trips and enhancing overall livability and sustainability. • "Slow the outward progression of the City's limits by discouraging fringe area development;encourage development of vacant or underutilized parcels currently within City limits."(4.05.03B) Page 5 This property is an enclave surrounded by City annexed land. Annexation and development of this property will maximize public services. • "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided." (3.03.03) The proposed development plan is generally conisistent with the City's vision for this property through the Comprehensive Plan; the developer will extend public services and infrastructure as needed for the development. VI. STAFF ANALYSIS A. ANNEXATION&ZONING The Applicant proposes to annex 40.30 acres of land with R-40 (13.04-acres) and C-C (27.25-acres) zoning districts. A conceptual development plan was submitted as shown in Section VIILB that proposes offices, a financial establishment,retail pads, a grocery store,vertically integrated residential and multi- family residential in accord with the associated MU-COM,HDR and MU-RES,FLUM designations for the property. A phasing plan was not submitted;however,the Applicant states the 3-story flats and townhome style multi-family residential and clubhouse would develop in the first phase along with the associated infrastructure;the 4-story high-density multi-family would follow with the commercial last as tenants commit. The proposed C-C zoning district is listed as a possible zoning choice in the MU-COM and MU-RES; and the R-40 zoning district is listed as the best choice in the HDR and possible choice in the MU-RES FLUM designation,per the Zoning District Compatability Matrix in the TMISAP(pgs. 2-4 &2-5). The Kennedy Lateral bisects this site and is proposed to be tiled in certain areas and left open in others as shown on the conceptual development plan. The UDC (11-3A-6B.3)required all laterals crossing or lying within the area being developed to be piped or otherwise covered unless left open and used as a water amenity or linear open space as defined in UDC I I-IA-1. The decision making body may waive the requirement for covering such lateral if it finds that the public purpose requiring such will not be served and public safety can be preserved. A waiver from Council is requested for portions of the lateral proposed to be left open; if not approved,the lateral is required to be piped. Access to the site is proposed as shown on the conceptual development plan in Section VIILB.ACHD has reviewed the proposed accesses and supports the following: Access A—full access;Access B— right-in/right-out only; Access C—right-out only;Access D—right-in/right-out only; and Cobalt—right- in/right-out/left-in only. Staff recommends access is restricted through the Development Agreement as supported by ACHD per the comments in Section IX.K. Page 6 C1 IN Samoan a v _ 1 ... ..... ------ Off-street parking is depicted on the concept plan to serve the mixed use development. Based on(291) 1- bedroom units, (250)2-and 3-bedroom units and 42 vertically integrated residential units, a minimum of 979 spaces consisting of 541 covered spaces and 396 uncovered spaces are required per UDC Table 11- 3C-6; a total of 1,034 spaces are depicted. Based on 138,400 s.f. of non-residential uses, a minimum of 277 spaces are required per UDC 11-3C-6B.1 and based on 9,250 s.f. of restaurant uses, a minimum of 37 spaces are required per UDC 11-4-3-49A.1, for a total of 314 spaces; a total of 448 spaces are proposed in excess of the minimum standards. The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. A legal description and exhibit map for the annexation area is included in Section VIII.A. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed with this application, Staff recommends a DA is required as a provision of annexation (see provision in Section IX.A). VII. DECISION A. Staff- Staff recommends approval of the proposed Annexation&Zoning with the requirement of a Development Agreement per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard this item on May 20,2021.At the public hearing,the Commission moved to recommend approval of the subject AZ request. 1. Summary of Commission public hearing_ a. In favor: Wendy Shrief,JUB Engineers; Lane Borges;Hethe Clark b. In opposition:None C. Commenting. Cody Black(representing property owner directly to the south) d. Written testimony: Cody Black; Wendy Shrief,JUB Engineers e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s) public testimony Page 7 a. The property owner to the south requests the western portion of Cobalt Dr.be located on the subject property and not on their property. 3. Key issue(s)of discussion by Commission: a. The location and alignment of Cobalt Dr. to the west. b. Opinion that too much residential may be proposed—that the northern"flats" should be converted to commercial. 4. Commission change(s)to Staff recommendation: a. None 5. outstandingissue(s)ssue(s) for City Council: a. The Applicant requests a waiver to UDC 11-3A-6B.3 for portions of the Kennedy Lateral,which bisects this site,to remain open and not be piped. C. The Meridian City Council heard this item on June 22 and July 13,2021. At the public hearing, the Council moved to approve the subject AZ request. 1. Summary of the City Council public hearing: a. In favor: Wendy Shrie£Hethe Clark: Lane Borges: Eric Pilegaard b. In opposition:None C. Commenting: JoAnn Butler(representing property owner to the south); Denise LaFever d. Written testimony: None e. Staff presenting application: Sonya Allen and Bill Parsons f. Other Staff commenting on application: Bill Nary 2. Key issue(s)of public testimony: a. Preference for the western portion of Cobalt Dr. to be located on the subject property or at least on the shared property: b. Various concerns noted by Ms. LaFever(see minutes). 3. Key issue(s)of discussion by City Council: a. Concern there's too much residential proposed, desire for more commercial uses to be provided. b. Proposed accesses via Franklin&Ten Mile Roads: C. Would like to see a better integration of open space within the overall multi-family development(i.e. south side of the Kennedy Lateran: d. Extension of Cobalt Dr. 4. City Council change(s)to Commission recommendation: a. Modification to condition#A.Id in Section IX to require the property to be subdivided prior to issuance of the first Certificate of Occupancy for the development. b. City Council approved a waiver to UDC 11-3A-6B.3a to allow certain sections of the Kennedy Lateral to remain open as proposed. C. Added a DA provision that prior to submission of the preliminary plat,the applicant shall provide a written agreement with the property owner of parcel#S 1215131400 on the extension of W. Cobalt Dr. Page 8 VIII. EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map EXHIBIT bEnts irTION FOR THE 10 AT MERIDAN CITY OF MERIDIAN ANNEXATION The NE114 of the NE.114 of Section 15, T_W, Ri 1W,; E,M,; City of Me6dian, Ada County, Idaho more particularly described as follows: BEGINNING at NE corner of Said Section 15 from which the N114 corner of said Section 15 bears North 89°"1523"West, 2640.72 feet, thence along the.East boundary line of said Section 15 South 00°3316" est, 1,329.09 feet to the N 1)16 corner of said Section. 15', thence along the South boundary line of the NE 114 of the NE114 of said Section 15 North S9'15'02` Webt_ 1,321.18 feet lea die NE1110 ul said Srdutiui i 15, thence along the West boundary line of NI`114 of the NE114 af raid Section 15 North 00'3 5'22" East, 1,328.96 feet to the E1116 comer of said Section 15; thence along the North boundary Ilne of said Section 15 South 8VIV23"East, 1,3120.37 feet to the REAL POINT OF BEGINNING, Containing 40,30 acres, more or less, 7729 G. Page 9 � B*$s OF 0EARINO 1O ill Nnlm264C713 f14 E1/16 W. FRANKUN RD. s15 1 3■" Sa9Mƒ23' 1 G 7' i � a \k a r �% LLJ . 1755334 /£ , z \ . 40-30 ±E ^ R k . k , NE ]/]e k■p ,02 1321,1 ' N ]/ N SCALE, 1 0 a- 7729 �o 'PA 3)1111! 1 & #e 150 wo `` of + / G.C Page 10 � EXHIBIT— DESCRIPTION FOR THE 10 AT MERIDIAN qTY OF MERIDIAN ZONE re A portion of Gana located in the NEifd of the Nr=1)4 of Section 15,T.31N.. R.M B.M., City of Nlerfdian, Ada County, Idaho more particularly described as follows_ BEGINNING at NE comer of said Section 15 front which the 14114 cornerof said section 15 bears Marth 88°152Y West, 2W.72 feet; thence along the East boundary line of said Section 19 South 00139'I6"west, 1,329_09 feet to the N 1116 corner of said Section 15: thence along the South boundary line of the NE114 of the NE114 of said Section 15 North 89'1602" West, 20.27 feet; thence leaving said South boundary line North 87'D6'06"West, 149.94 feet: thence North "22'50"Kest,203-40 feet; thence North 58'O '44"West,371.54 feet; thence 131.19 feet along the arc of curve to the right,said curve havIng a radius of 5W.00 feat, a central angle of 1 b°02'0V and a long chord which bears North 5 ha29"',West. 130 81 "_-, thence North 42"5944"West, 723.60 feet to a point on the West boundary line, of NE114 of the NE1l4 of said Section 15; thence along said West boundary line North 00'56'22" East, 310.05 feet to the E1116 corner of said Sock,ion 15; thence along the North boundary line of said Section 15 South 89"1523" East. 1,320_37 feet to the POINT OF BEGINNING, Containing 27.25 acres, more or less_ 7729 m G,rw Page 1 of 1 Page 11 BASIS OF BEARING 5.1D 5.11 N89`15'23'W 2640.72' S.15 &14 5,10 1 4 E1 16 W. FRANKLIN RD. .15 13 9`15'23'E 132 .3r' ILo CS Iq I I + ZONE CC S t + ++ 1187150 s.f. w + + 27.25 a,c. c+ + + It t + + + t t + + + + + + + K51°p+ + + + + + al°r + + + + + + + + + + + + + All. + + ZONE fi-40 + + + , ++ + + a + + 5 r811 4 s.f,+ + + + - 149.94' + + 13.04 o.c. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + I + + + + + + + + + : + + 20 + t + + + + + + + N 2' W + + + + + + 1 + + 293.40' + + + NE 1 16 NB-915'02"W 1321.1V _ N 1 16 r CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD 9RC. DELTA 772V1114 IPA C1 540.00 131.19 130.51 550-9'4-41- 15a02`0{9" �w SCALE: 1'�3�1p' 0 75 15Q 300 600 iR.Y�'.f7_tiL "Nw 7-6 1 6 W AFr lY T��DAI C EXHIBIT __ DRAWING FOR �+1I V/C�y/ THE 10 AT MERIDIAN SU R V E f ViINE. E11 13 AWNT. 9�Ff l�Fh 'cajo,on REZONE 1 i2C$i 9�i957� KGROUPL LLC {orkTEp IN THE NE Y,of-rHE NE 4GF SE€TKN It, T.M., M QATE Ri1'„ ".. CITY CF YiEill)I L AEIA GWNTY,IDAI+D ilow/wo Page 12 EXHIBIT_ DESCRIPTION r0k THE 1QAT MERIDIAN CITY 4F MERIDIAN ZONE R,401 A portion of land located in the NE1l4 of the N E 1 A of Section 15. T,3N., R-IW., B.V, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at FEE corner of said Section 15 from which the N114 corner of said Section 15 bears North 89'15'23"Wriest, 2640.72 feet; thence along the East boundary line of said Section 15 South 00'3316"West, 1.329.09 feet to the N 1116 corner of said Section 15; thence along the South boundary line of the NE114 of the NE114 of said Section 15 North 89`15-02"West, 2-0.21 feet the K AL POIN t OF LIEGINNING; thence continuing along said South boundary line North 89'1602"West, 1,300.91 feet to the NE1116 of said Section 15; thence along the Test boundary Ilne of NE-I14 of the NEi14 of Bald Section -15 North 00'35'22" East. 1-018.91 feet; thence leaving said West boundary fine South 42'59'44" East. 723.60 feet; thence 131.19 feet along the arc of curve to the left, said curve having a radius of 50D.0D feet, a central angle of 15'02'OT' and a long chord which bears South 50°2944"East, 130.81 feet: thence South 58°00`44"East, 371.54 feet; thence South 94°22'W' East, 293.40 feet; thence South 5VOF08"Bast. 149.94 feet to the REAL PANT OF BEGINNING. Containing 13.04 acres, more or mess_ a_ 779 � ,3111 ) OF 01 Page 1 of 1 Page 13 BASIS OF BEARING .10 sm N89`15'23"W 26+0.72' SA 5 S.1.4 S.10 1 4 El/16 W. FRANKUN RD. 5.15 I 2D,35' S89°T .3�E 132®_. 7' — ILo ics i I+ ZONE CC c, + I+ + '} 1187150 s,f. t + Fp 27.25 J.G. :2 J_ e 16 al+ + + + Z r rl + + + + r� i > + t t + s vi rfi017!t t + t t + e t ZONE R-40 + + i + +568184 s.f-+ + + + 19-9 ' 1++ + 1.3.04 ❑-�. + + + + + + + + + + + + + + ++ + + + + + + + + + + + I + + + t + + + + + + I + + + + + + + + N6Q 22' Q"WN T + + 20.27' + + + + + + 293.44' + _ NE 1 16 N89-15'02"W 1324.TW N 1/16 I CURVE TABLE 13 CURVE RADIUS LENGTH CHORD DIST- CHORD ORG- DELTA � �7,7r D C1 540.00 131-19 IM81 S50'29'44"E 15'02'00" Q 75150 -300 IDA.HO EXHIBIT __ DRAWIING FOR THE 10 AT MERIDIAN SURVEY ��EE.�EI5La�T. GROUP. LLG LMATFO IN THE NE AV ER1&H Ap��h[UGWPY, 11[uxo'� 3h5l2�� R.17L; B.M., GT' Page 14 B. Conceptual Development Plan(dated: N4ar-eh 10,202 July 26.2021) I F r a n k l i n---Road--- - ------ _,_._._._ ——-}, Project Summary ���� I •— Q71H{�I'.LIIII Illq IIIIILIdllll f ; F I osR vac eullnnys,-a e,asos Ills ! _ W❑ Mxeo ups acommerea wu, wus �za caomo� - (TNI r �� �yylyl� r \ I■ ■ lRfall� rotel commeraai urx i sc ass rt • i Pare�RequoM Szt spaces *\ •. — S1C,'Y 3��� '» !°� � I,v, Ow lung wanoeo wspaces �•. l I re nl¢i sry.apamnenu: Roa � 1.in6 :<Y!.? rF ,a v7saa.-rrxwo, i— seR ,aeons-acx � \y ��,^ � � .. 111J 1'■ I� Tj \ ' m Ib ,a u— Is I�. LlW1L�llll1� _ aeR uu�w as urea \.' �•� S7+ "�"'�"' � = seR So61 Rsawentlal U— 559 urea — f arung Regresm 52a spaces I � �jj1 - S'l - � ; MilNIII IOIIH I.IWIII — K a dlllll7�lllllll[rjs � I j 457 — --- �c o b a I-t TG-ri v-e--- 10 Mile Road & Franklin Road Residential & Commercial Mixed Use Center scar,•-� Page 15 ¢_I r -- ------ - ---- !!1 J ' I wwwwwl wirwwww wwwyywww� _-� ■� ¢i , _obi I¢Irl i��I i��P�¢o ,� r � _1� � � _,__i— �■ r ��. �. _ 4 Page • Rear EnvBldg Left •• �`— �.J �f :sue 'Front�� FM�Ekv.uoi •• OPyll Ekv �� $P3CR i •• MEMO r rp Page 17 , 7, 0 tLj'" P 1 � .. nl 6.1 1 IIC l ' I;'i in!0 -a II 1 Q III I tj i aw IF is h • .i �,I I?� �� ��L ��� 11 �_ - �., ru J �y w _ s. 6 Page 19 i �. i � Page 20 ,t'• ate` .„ � �y r s of Multi-Family(High-Density A.. iI1L��I C 5+ t J__ ■ 1 11111���..■■ - '■ t a C ;{.��'4�7. P■■ FRONT`[ 16 RIGHT REAR LEFT Page 21 J w ■� U JJ� pp y + ii , ■ 1�=���i r�o�n i. II i 71" FRONT rig ow RIGHT REAR LEFr �1 r:��` -�IJI ■ ■ 4 � �I � 1 w Page 23 . r 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. The subject property shall develop in substantial compliance with the conceptual development plan and building elevations in Section VIII.B and the land use,transportation, and design elements of the Ten Mile Interchange Specific Area Plan(TMISAP). b. The project shall comply with the applicable design elements as noted in the Application of Design Elements matrix in the TMISAP(see pg. 3-49) and the design standards in the Architectural Standards Manual. c. Access to the site via W. Franklin Rd., S. Ten Mile Rd. and W. Cobalt Dr. shall be restricted as recommended by ACHD in Section IX.K. d. The subject property shall be subdivided prior to any development,,,.,.,,..14ng on the site issuance of the first Certificate of Occupancy for the development. e. The Kennedy Lateral shall be piped in its entirety where it crosses the subject property as required by UDC 11-3A-6B.3 unless otherwise waived by City Council as set forth in UDC 1I- 3A-6B.3a. City Council approved a waiver to UDC 11-3A-6B.3 to allow certain sections of the Kennedy Lateral to remain open as proposed. f. Prior to submittal of a preliminary plat application,the applicant shall execute a mutual agreement with the property owner of parcel#1215131400 on the terminus of W. Cobalt Dr. in conformance with the approved concept plan. If a mutual agreement cannot be reached,the applicant shall design and construct the half section of W. Cobalt Dr., so that the center line for Page 24 EM the portion that abuts parcel#1215131400 is along the shared property boundary.with the centerline of W. Cobalt Dr. eventually turning southwest(proceeding from east to west)to allow for a stub in a location to be approved by ACHD. PUBLIC WORKS 2. Site Specific Conditions of Approval 1.1 Any unused sanitary sewer and/or water services or mains must be abandoned. 1.2 Ensure no permanent structures(trees,bushes,carports,trash enclosures, etc.) are built within any utility easements. B. FIRE DEPARTMENT No comments were received. C. POLICE DEPARTMENT https:llweblink.meridiancily.or- lWebLink/Doc View.aspx?id=227946&dbid=0&repo=Meridian CitX D. PARK'S DEPARTMENT No comments were received. E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=228197&dbid=0&r0o=MeridianCitX F. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridianciU.orglWebLinklDoc View.aspx?id=227634&dbid=0&r0o=MeridianCitX G. CENTRAL DISTRICT HEALTH https:llweblink.meridianciU.orglWebLinklDoc View.aspx?id=228247&dbid=0&repo=Meridian CitX H. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=228703&dbid=0&r0o=MeridianCitX I. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE https:Ilweblink.meridiancio!.orglWebLinklDoc View.aspx?id=228965&dbid=0&repo=Meridian City J. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:11weblink.meridiancityorglWebLink/Doc View.aWx?id=229278&dbid=0&repo=Meridian CitX K. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridiancity.orglWebLink/DocView.aspx?id=228985&dbid=0&repo=Meridian CitX Page 25 X. 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; The City Council finds the Applicant's proposal to annex the subject 40.30-acre property with R-40 and C-C zoning districts consistent with the MU-COM, HDR and MU-RES FL UM designations for this property. (See section V above for more information.) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment complies with the regulations outlined for the R-40 and C-C zoning districts and the purpose statements of the residential and commercial districts. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The City Council finds the proposed map amendment will not be detrimental to the public health, safety and welfare in this area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds the proposed map amendment will not result in an adverse impact upon the delivery of services by any political subdivision providing public services. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. Page 26 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Joint School District No. 2 dba West Ada School District (Owner/Developer) for Prescott Ridge - School Portion (H-2020-0047), Located South of W. Chinden Blvd. and East of N. McDermott Rd. ADA COUNTY RECORDER Phil McGrane 2021-132716 BOISE IDAHO Pgs=82 NIKOLA OLSON 09/08/2021 02:42 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Joint School District No.2,dba West Ada School District,Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 7th day of September , 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 Joint School District No. 2, dba West Ada School District, whose address is 1303 E. Central Drive,Meridian, ID 83642,hereinafter called OWNER/DEVELOPER. 1. 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/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS,Owner/Developer has submitted an application for annexation and zoning of 28.59 acres of land to the R-8 (Medium Density Residential) zoning district, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and 1.6 WHEREAS, the record of the proceedings for requested 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 DEVELOPMENT AGREEMENT—PRESCOTr RIDGE—SCHOOL PORTION(H-2020-0047) PAGE I OF 7 1.7 WHEREAS, on the P' day of June, 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/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS,City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property known as the School portion listed in Exhibit "A" is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on. December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian,a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian,Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Joint School District No.2, dba West Ada School District, whose address is 1303 E. Central Drive, Meridian,ID 83642,hereinafter called OWNER and DEVELOPER,the party that owns and is developing said Property and shall include any subsequent owner(s) and 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 DEVELOPMENT AGREEMENT-PRESCOTT RIDGE-SCHOOL PORTION(H-2020-0047) PAGE 2 OF 7 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. Owners and/or Developer shall develop the Property in accordance with the following special conditions: a. The subject property shall develop with an education institution; any other uses shall require modification of this agreement. b. A conditional use permit shall be obtained for an education institution in the R-8 zoning district as set forth in UDC Table 11-2A-2. The use is subject to the specific use standards listed in UDC 11-4-3-14: Education Institution. C. Future development shall comply with the design standards listed in UDC D- 3A-19 and in the Architectural Standards Manual is required. 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 and/or 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/Devcloper that is not cured after notice as described in Section 7.2,Owners and/or Developer shall be deemed to have consented to modification of this Agreement and de-annexation and DEVELOPMENT AGREEMENT--PRESCOTT RIDGE-SCHOOL PORTION(H-2020-0047) PAGE 3 oP 7 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/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. 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. 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 Owners 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, DEvETAPMENT AGREEMENT-PRESCOTT RIDGE-SCHOOL PORTION(H-2020-0047) PAGE 4 OF 7 or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: West Ada School District Attn: Chief Operations Officer 1303 E. Central Drive Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted,to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16, TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof,except that any sale or alienation shall be subject to the 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. DEVELOPMENT AGREEMENT-PRESCOTT RIDGE--SCHOOL PORTION(H-2020-0047) PAGE 5 OF 7 is. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein.. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22, EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT--PRESCOTT RIDGE-SCHOOL PORTION(H-2020-0047) PAGE 6 OF 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Joint School District No. 2 dba West Ada School Distr' By: 0Rz P6jz11k via Its: Superintendent CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 9-7-2021 Chris Johnson, City Clerk 9-7-2021 STATE OF IDAHO ) . ss: County of Ada ) On this a_ day of , 2021, before me, the undersigned, a Notary Public in and for said State, p onally appeared AI L&3 known or identified to me to be the ! of Joint School District No.2,dba West Ada School District and the person who signed above and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHEW & ve hereunto set my hand and affixed my official seal the day and year in this certificate first above wr;`t�t1VyB��Iz�/��� (SEAL) � `�PUQ4 � /�rI � lsslc�ty Notary Public for 42 6-,.- � thY 2�1.2022 - Residing at: jAgee .i- 4-do C 1 '1R y My Commission Expires: P eIW i 0g.-t� STATE OF IDAHO yi (!b+-.047B of NV-*0�%44 /ONt `0>>�� County of Ada )i101h11111111+���` On this7th day of September ,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. (SEAT-) Notary Public for Id o Residing at: Meri ian, Idaho Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT--PRESCOTT RIDGE-SCHOOL PORTION(H-2020-0047) PAGE 7 OF 7 km E N G I N E E R I N G June 23,2021 Project No. 18-140 Prescott Ridge Subdivision Legal Description School DA A parcel of land being a portion of the West 1/2 of the Northeast 1/4 of Section 28,Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the North 1/4 corner said Section 28,which bears N89°25'25"W a distance of 2,614.46 feet from an aluminum cap marking the Northeast corner of said Section 28,thence following the westerly line of said Northeast 1/4 of Section 28, S00°43'55"W a distance of 658.87 feet to the POINT OF BEGINNING. Thence leaving said westerly line, S89°24'23"E a distance of 1,308.58 feet to a 5/8-inch rebar on the easterly line of said West 1/2 of the Northeast 1/4; Thence following said easterly line,S00°36'13"W a distance of 1,615.76 feet to a 5/8-inch rebar; Thence leaving said easterly line, N77°58'17"W a distance of 810.43 feet; Thence N00°36'19"E a distance of 1,405.09 feet; Thence N89°24'23"W a distance of 514.36 feet to a 5/8-inch rebar on the said westerly line of the West 1/2 of the Northeast 1/4; Thence following said westerly line, N00°43'55"E a distance of 50.00 feet to the POINT OF BEGINNING. Said parcel contains a total of 28.59 acres, more or less. A-L IS a N 12459 a a � 4 �9�N Lo BAtitiA 6 •Z3 .Zo21 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com Page 308 1308.58 n89°24'23" s89°24'23"e ��� 514.36 U CJ G1 O - h ID O rl f"1 VJ O - O n77°58'171,w 810.43 Title: DA School Date: 06-23-2021 Scale: 1 inch =200 feet File: Page 309 Data and Deed Call Listing of File: Tract 1: 28.590 Acres: 1245382 Sq Feet:Closure=s33.3156w 0.00 Feet: Precision>1/999999: Perimeter=5704 Feet 001=s89.2423e 1308.58 002=s00.3613w 1615.76 003=n77.5817w 810.43 004n00.3619e 1405.09 005=n89.2423w 514.36 006=n00.4355e 50.00 Page 310 Ir+ rPi. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN:-� AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 128.21 Acres of Land with R-8(99.53 Acres), R-15(8.82 Acres)and C-G(19.85 Acres) Zoning; and Preliminary Plat Consisting of371 Buildable Lots 1102 Single-Family Attached,215 Single-Family Detached,38 Townhome, 14 Multi- Family, One(1) Commercial and One(1) School],42 Common Lots and Six(6)Other(Shared Driveway) Lots on 124.81 Acres of Land in the R-8, R-15 and C-G Zoning Districts for Prescott Ridge Subdivision,by Providence Properties, LLC. Case No(s). H-2020-0047 For the City Council Hearing Dates o€: February 23,April 13,and May 18, 2021 (Findings on June 1, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 18,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 18,2021,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of May .l 8,2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 18.2021.. 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 I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code§ 1 I-5A. 4. Due consideration has been given to the comments)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR PRESCOTT RIDGE—AZ,PP,PS H-2020-0047 - I - Page 311 Item#14. 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 May 18, 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 and Preliminary Plat is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of May 18,2021, 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 11-613-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved,said development agreement shall be signed by the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR PRESCOTT RIDGE—AZ,PP,PS H-2020-0047 -2- Page 312 Item#14. 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 May 18,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND❑ECISION&ORDER FOR PRESCOTT RIDGE—AZ,PP,PS H-2020-0047 -3- Page 313 Item#7. By action of the City Council at its regular meeting held on the 1st day of June 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 6-1-2021 Attest: Chris Johnson 6-1-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 6-1-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR PRESCOTT RIDGE—AZ,PP,PS H-2020-0047 -4- Page 142 Item#14. EXHIBIT A STAFF REPORT � E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING May ]8,2a21 legend DATE: Continued rota: February 23 and — '- April 13, 20211 TO: Mayor& City Council d - _ r _ FROM: Sonya Allen, Associate Planner r 210-884-5533 SUBJECT: H-2020-0047 ` Prescott Ridge--AZ,PP,.PS,AL'F ----- — - LOCATION: South of W. Chinden Blvd. and east ofN. McDermott Rd., in the North %of Section 28,Township 4N., Range IW, - (Parcels: SO428233640, R6991222210, ~-- - SO428120950, SO428131315, -- SO428131200, SO428211102) NOTE: At the December P hearing, the Council moved to remand the project back to the Commission for the out parcel at the northeast corner of the site adjacent to the commercial development to be included in the annexation area and development playa for the site. Since that time, the Applicant has acquired the out parcel and submitted updated plans that include the parcel in the development area. The staff report has been updated accordingly. The Commission heard this project on January 21"and recommended approval of the updated plans and annexation boundary. 1. PROJECT DESCRIPTION Annexation of a total of 426.53 128.21 acres of land with R-8(99.53 acres), R-15 (8.82 acres)and C-G (18.17 19.85 acres)zoning districts; and, Preliminary Plat consisting of 39-5 377 371 buildable lots [34-6 323 single-family residential(A94 102 attached &222 2151detached),63-38 townhome, 14 multi-family residential, 1 commercial and 1 school],32 39 42 common lots and 6 other(shared driveway) lots on 12 424—.53 124.81acres of land in the proposed R-8, R-15 and C-G zoning districts. Private streets are proposed within the townhome portion of the development for internal access and circulation. Alternative Compliance to UDC 11 3F 4A.4,w1iieh requires a limited gated development w4ieii tawnheFnes are prop , is also Feqtiested.Alternative Compliance is no longer required based on the revised plan tivhich includes a mew. Pagel Page 315 Item#14. II. SUMMARY OF REPORT A. Project Swnmary Description Details Pape_ Acreage 122. 124.07 Existing/Proposed Zoning Rural Urban Transition(RUT)in Ada County(existing)IR-8,R-15 and C-G(proposed) Future Land Use Designation Medium Density Residential(MDR)(3-8 units/acre)(l 13.5+1-acres) MrN with Mixed Use-Regional (MU-R)(9 1 U.27+1-acres)along W. Chinden Blvd. Existing Land Use(s) Rural residential/agricultural with 1 existing single-family home Proposed Land Use(s) Residential(single-family attached/detached,townhomes&multi- �1 family)&commercial(medical campus with a hospital and medical offices and retail/restaurant uses) Lots(#and type;bldg.lcommon) 3 95 3 77 371 buildable lots(316 3 23 317single-family residential,63 38 townhome, 14 multi-family, 1 commercial and l school)13249 42common lots/6 other(common driveway) lots Phasing Plan(#of phases) 9 phases Number of Residential Units(type 316 373 3 l 7 single-family(94 102 attached/M 215 detached).(f-38) of units) townhome and(56)multi-family units Density(gross&net) Overall- -464 2.96 units/acre(gross];7-..€7.68 units/acre(net) R-8 area:4.-g-7-3.07 unitslacrc(gross);7-49 7.07 units/acre(net) R-15 area: 12.87 77.57 units/acre(gross);21.39 13.8 units/acre(net) Open Space(acres,total 11, 6 1141 12.43 acres(or X 1 $ 15.41%) [%]Ibufferlqualifted) (44-M 8.04 acres required based on „'G 50.42 acres ofresidential area} Amenities Swimming pool. clubhouse,large and small children's play structures, a dog park,multi-use pathways and additional qualified open space beyond the minimum standards Physical Features(waterways, Two(2)segments of the West Tap Sublateral crass this site hazards, flood plain, hillside) Neighborhood meeting date;#of 12/18/19- 11 attendees;and 411120- 13 attendees; 12/16/20 7 attendees: attendees History(previous approvals) A portion of the site is Lot 18,Block 1.Peregrine Heights Subdivision (formerly deed restricted agricultural lot for open space-non-farm that has since expired). B. Community Metrics Description Details Pay e Ada County Highway District • Staff report(yes/no) Ner-yet-Yes ■ Requires ACH❑ No Commission Action (yes/no) _ Access A collector street access(W.Rustic Oak Way)is proposed via W.Chinden (Arterial/Collectors/State Blvd,/5H 2O-26 at the half mile which runs through the site and connects to HwylLocal)(Existing and a future collector street(N,Rustic Way) in the Oaks North development Proposed) from McMillan Rd. An access is proposed via N.McDermott Rd.,a collector street. Traffic Level of Service McDermott Rd.-Better than"D"(acceptable level of service) W. Rustic Oak Way/Levi Ln.-Better than"D"(acceptable level of service) Page 2 — Page 316 Item#14. Description Details Pag e Stub Two local stub streets are planned to be constructed with the Oaks North Street/Interconnectivity/Cron development at the southern boundary of the site and extended with this s Access development.Two stub streets(N. Serenity Ave.&W.Fireline Ct.)are proposed to the north for future extension. A cross-access easement is required to be provided to the MU-R designated property to the west. Existing Road Network No public streets exist within the site; N. Levi Ln.,a private lane,exists on the northern portion of the site via W.Chinden Blvd.ISH 2O-26. Existing Arterial Sidewalks.' There are no existing butters or sidewalks along N. McDermott Rd.or W. Buffers Chinden Blvd./SH 20 26 Proposed Road Improvements Capilei Improvements Plan(CIA)I Integrated Five Year Work Plan(IFYWP)_ • Black Cat Road is listed in the CIP to be widened to 3-lanes From Chinden Boulevard to McMillan Road between 2026 and 2030. • The intersection of Black Cat Road and Chinden Boulevard is listed in the CIP to be widened to 5-lanes on the north leg.5-Vanes on the south ieg.6-lanes on the east leg and 6-lanes on the south leg between 2026 and 2030. • The intersection of McMillan Road and Biaak Cat Road is IIsted in the CIP to reconstructed as a multi-Tana roundabout w{th 2 lanes on the northbound and southbound legs and 1 lane an the westbound and eastbound legs. • The Intersection of McMillan Road and McDermott Road is listed in the CIP to be widened to 3-lanes on the north leg.4-laes on the south leg,3-lanes an the east leg and 3-lanes on the west leg between 2031 and 2035. Fire Service • Distance to Fire Station 3 miles from Station#5 to Serenity Ln.on Chinden&4.4 miles to the McDerrnolt side of the project(Station#7 once constructed,will serve this development) • Fire Response Time Some of this development falls within the 5 minute response tilne area as shown on the priority growth map;the McDermott side is 8 minutes away and does not meet response time goals • Resource Reliability 80°/a from Station#5-meets response time goal • Risk Identification 2- current resourecs would riot be adequate to supply service(open waterwayy • Accessibility Project meets all required access,road widths and turnarounds as long as phasing plan is followed. • Special/resource needs Project will require an aerial device for the multi-family development- cannot mesa this need in the required Iimefralne. Eagle Station#1 is the closest truck company at approximately 8.4 miles away. • Water Supply Requires 1,000 gallons per minute for one hour for the single-family homes; the multi-fancily areas will require additional water(may be less if buildings are fully sprinklered) • Other Resources NA Police Service No comments submitted • Distance to Police 9 miles Station • Police Response Time No emergency response data can be provided because this development is near the edge of City limits • Calls for Service 56(within a mile of site between 411119-3131120) • Accessibility No concerns • Specialty/resource tice�js None ■ Crimes 5(within a mile of site between 4/1119-3/31/20) • Crashes 4(within a mile of site between 4/l/19-3/31/20) • Other Although located near the edge of City limits,service can be provided if this development is approved. — - Page 3 - — Page 317 Item#14. West Ada School District Enrollment cauadty • Distance(elem. ms,hs) Pleasant View Elementary 650 2.4 sch-i v.T, star Middle School 704 Iwo 6.9 Merldian High School 1965 2400 6.1 Due to the abundant amount of growth m the area,West Ada is actively building new schools,and boundaries are always [hanging.These Ftrture students could potentialiyattend Owyhee High 50091. • Capacity of Schools • #of Students Enrolled Wastewater • Distance to Sewer This proposed development is not currently serviceable by Meridian Services Sanitary Sewer service, The sewer trunk line designed to set-vice this development is within The Oaks North Subdivision to the south. ■ Sewer Shed North McDermott Trunk Shed ■ Estimated Project Sewer See application ERU s • W RRF Reclining 13.92 Balance ■ Project Consistent with Yes WW Master Plan/Facility Plan • ilripacts/Concerns ■Additional 4,662 gpd has been committed •Sewer mains are not allowed in common driveways.Please remove. •The planned sewer trunk line will enter this property at N. Rustic Oak Way •Sewer line in N.Rustic Oak Way shall be l 0-inch all the way to Chinden Blvd •This development is subject to paying sanitary sewer reimbursement fees (see Public Works Site Specific Conditions of Approval for detail). Reimbursement fees for the entire subdivision shall be paid prior to city signatures on the first final plat. Water • Distance to Water This proposed development is not currently serviceable by the Meridian Services City water system. Water mainlines designed to service this development are within The Oaks North Subdivision to the south. ■ Pressure Zone 1 • Estimated Project Water See application ERU's • Water Quality Nonc • Project Consistent with Yes Water Master Plan • lm acts/Concerns None - Page 4 - Page 318 Item#14. C. Project Area Maps Future Land Use Map Aerial Map Legend �w D.erfs- Legend Residential Pro,eci Locafor+ - Proeci Loco-bon _ MU - v y ntia 1 � — —� -- Toning Map Planned Development Map Legend Legend Prayeci Locofon O_ f ProleCf Locoion _-- - R-8 -y ` ® —Fianrred Porce, _5 '- RUT 1 I � R-4 Y , -- ,I� ZRz4- .. i R-8 ='15 III. APPLICANT INFORMATION A. Applicant: Providence Properties,LLC—701 South Allen Street, Ste. 104,Meridian,ID 83642 B. Owners: Joseph Hon— 16790 Rose Park Dr.,Nampa, ID 83687 Raymond Roark—5952 N. Serenity Ln., Meridian, ID 83646 Page 5 Page 319 Item#14. Lonnie Kuen2]i-621 Q N. Levi Ln., Meridian, ID 83646 West Ada School District- 1303 E. Central dr., Meridian, ID 83642 C. Representative: Stephanie Leonard, KM Engineering- 9233 W. State St., Boise,ID 83714 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 6/26/2020, 8/28/2020, 111131202Q,21512021 newspaper 11I121 Notification mailed to property 6/23/2020,812612020, owners within 300 feet 12/29/20 l 111412Q20,2121202I Applicant posted public hearing notice on site 71212020,812712020. 11512I 1111012020,21412021 Nextdoor posting 6/23/2020,8/27/2020, 11/10/2020,2/2/2021 12/29/20 V. COMPREHENSIVE PLAN ANALYSIS (Coniprehensnve Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates 4 10.27+1-acres along W.Chinden Blvd.ISH 2O-26 as Mixed Use-Regional(MU-R); and the 1 13.5+1-acres to the south as Medium Density Residential(MDR). The purpose of the MU`-R designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections.The intent is to integrate a variety of uses together, including residential,and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should he anchored by uses that have a regional draw with the appropriate supporting uses.The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D (pg. 3-17). The purpose of the MDR designation is to allow small lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. The MCI-R designated area is located adjacent to a major intersection,W. Chinden Blvd.ISH 2O-26 and N. McDermott Rd. (future SH-16). The MU-R area is proposed to develop with a medical campus, including a regional hospital, and multi-family apartments. A larger MU-R area than currently designated on the FLUM is proposed which incorporates an additional 9.5+1-acres to the south and east of the current designated area. Because FLUM designations are not parcel specific and the proposed development provides needed services,employment opportunities and housing consistent with that desired in MU-R designated areas,Staff is supportive of the expanded MU-R area provided that a retail component is also included and integrated as part of the development. The MDR designated area is proposed to develop with a mix of single-family attached,detached and townhome units at a gross density of 346 2.96 units/acre,which although at the low end of the desired density range, is consistent with that of the MDR designation. Page 6 Page 320 Item#14. The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs,preferences,and financial capabilities of Meridian's present and future residents."(2.01.02U) The proposed single-f mity attached, detached, townhornes and multi-family apartments will provide a variety of housing hpes forjuture residents in the northwest portion of the City in close proximity to the proposed employment ages on this site and across Chinden Blvd. to the north. • "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 not currently available to the subject development, however the nrainitrunk lines intended to provide service are currently being developed in The Oaks North Subdivision to the south. This development is dependent on the development tinting of the phase(v) within Tire Oaks North for services to be readily available for ea-tension. This developer is attempting to work with The Oaks developer to hasten tine tinting of utility e-xpansiorr. • "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) Four(4)different housing types are proposed in this development(i.e single-family attacltedldetached, townhomes and multi jr ndly apartments)along with a wide range of lot sices for diversity in housing types in this area. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land," (3.07.00) The proposed single-fatuity residential development should he compatible with existing.single- jcrmily homes to the west in Peregrine Heights and in the development process to the south in The Oaks North and the fixture school to the east. Larger lot sizes are proposed as a transition to the I-acre lots in Peregrine Heights. Higher density residential uses are planned a4jacent to the proposed medical campus at the north boundary and the firttrre school site at the east lrorrradatl.A 30-foot wide landscaped bad fer with a pedestrian pathway and 8'tall CMU wall is also proposed adjacent to residential uses along the southern and western boundaries of the proposed medical campus to reduce conflicts. • "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."(2.02.01 Ay A 10'wide milli-arse pathwgv is required within the street bufers along W. Chinden Blvd.ISH 20-26 and the northlsouth collector street (Levi Ln.lRustic Oak), and to the east to the,fisture school site.far safe pedestrian access to the.school. A large central common area is proposed along the collector street with quality amenities. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Page 7 Page 321 Item#14. Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems when available: set-vices are proposed to be provided to and though this development in accord with current City plates. • "Locate higher density housing near corridors with existing or planned transit. Downtown, and in proximity to employment centers."(2.01.01 H) The proposed toi nhomes and multi-family apartments in close proritrtitt'to the regional hospital and medical campus ivill provide higher density housing options ire close proximih,to the employment center and major transportation corridor(i.e. Chinden BlvdISH20-26&enure SH 16). ■ "Encourage the development of high quality, dense residential and mixed use areas near in and around Downtown,near employment, large shopping centers,public open spaces and parks, and along major transportation corridors,as shown on the Future Land Use Map."(2.02.01.E) Townhomes and a multi-family develop►ne►rt are proposed in close proximity to the mixed use area along Chinden Blvd.ISH 20-26, a major transportation corridor; where emplvk7ment uses are proposed. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2 02.02) The proposed project is located on the f-inge of the northwest corner of the Cinti However. because the land to the north and south has been annexed into the On,as well as laud located a half mile to the east, services will be extended in this area. .There_fore,public services will be maximized by the development of this property. • "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, when available, and curb,gutter and sidelvalks is proposed to be provided as required. • "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided"(3.03.03) The proposed development plan is consistent with the City s vision in that a min of uses are proposed including a regional hospital and medical offices in the MU-R designated area adjacent to a major transportation corridor. Residential uses are proposed at densities consistent with the Comprehensive Plan far this area. Public services can be provided and public infrastructure iuill be extended when available to this site. • "Require collectors consistent with the ACHD Master Street Map(MSM), generally at/near the mid-mile location within the Area of City Impact."(6.01.0313) The MSM depicts a collector street at the hal Pirtle between Black Cat and McDermott Roads in the current location o f N.Levi Ln, at the northeast corner-of the site fi-orn W. Chinden Blvd.1SH 20-26 to the south to McMillan Rd. A collector street is proposed in accord with the MSM which will connect to N. Rustic Oak Was+to the south in The Oaks North subdivision. Page 8 Page 322 Item#14. In reviewing development applications,the following items will be considered in au Mixed Use areas, per the Comprehensive Plan (pg.3-13): (Staff"s analvsis in italics) ■ "A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high density residential development alone." The proposed development includes fiat least three (43)differettt lcrttd use tt•pes—residential mil,office Reid cotnrnercial(reta illresta uran 1) use. , desigwated .wwas to serve the employment area and nearb}r residents. A public school(i.e. Civic use) is planned on the eastern portion ofthe annexation area; however, it's outside the mixed use designated area and not a part of the proposed development. ■ "Where appropriate, higher density and/or multi-family residential development is encouraged for projects with the potential to serve as employment destination centers and when the project Is adjacent to US 20/26, SH-55, SH-16 or SH-59." Multi family apartments and townhotttes are proposed adjacent to the Mixed Use designated area to provide a higher density in close proxinitY to the employment center located adjacent to W. Chinden Blvd.ISH 20-26. ■ "Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request,a development agreement will typically be required for developments with a Mixed Use designation." A Master Plan is proposed with the annexation request which will be incorporated into a Development Agreement to ensure jilture development is consistent with the 1 ft-red Use designation. ■ "In developments where multiple commercial and/or office buildings are proposed, the buildings should be arranged to create some form of common,usable area,such as a plaza or green space," The Master Plarr depicts an •••iego-_yaoW a,Me sewh end., Me r tgspi.,,r . .ha r a..kMig c three 0 outdoor courtyard areas , arnurtrl the medical nAce building, a large outdoor pla a4zreen space area in front of the hospital with a shaded seating area, and a pedestrian pathwav within a 30'ivide landscaped common area along the southern and western boundaries of the contnterc•ial portion of the development abutting residential uses Kith two (2) shaded areas oj'respite. tq#'...............nds the..,,...a pt pr n is v.,visea,...;.,_to the Gry- Coup....r ■ "The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development." There are existing low density hones on l-acre lots along the west boundar7l oj'this site in Peregrine Heights Subdivision adjacent to the area proposed to be Zoned C-C and developed with a medical campus.A 30'wide densely landscaped bq&r-is proposed along the west and south boundaries of the C-G zoned proper4y adjacent to existing and proposed abutting residential uses along with an S'tall CMU itiu l as a buffer to.future commercial uses. Parking is proposed along these boundaries emeeptf r • 4-story...edieal.,raw budding proposed&I!h_e southeast earner of the eonintereial deyehTmentj whieh Staff r-eeommends is ski .fted to residences to fhe"ufh ■ "Coinniunity-serving facilities such as hospitals, clinics,churches, schools, parks,daycares,civic buildings,or public safety facilities are expected in larger mixed-use developments." Page 9 Page 323 Item#14. A,f inure school site is planned on the eastern portion❑j'the annexation area but it is outside the Mixed Use designated area and riot a part❑f this development.A hospital is proposed in the medical campats on the northern portion of the site adjacent to W Chinden Blvd.ISH 70-26 which will provide much needed services in the northern portion of the City. • "Supportive and proportional.public and/or quasi-public spaces and places including but not limited to parks, plazas,outdoor gathering areas,open space, libraries,and schools are expected; outdoor seating areas at restaurants do not count" A school is planned to develop on the easterly portion of the annexation area but is outside the Mixed-U.se designated area and not being developed with this project, T eqi-s •-e siteh Vae o .. A .,14,..ded t�� Three(32 outdoor courtvard areas are r proposed; around the medical office building and a large outdoor plaaa/gr•een space area with a.shaded seating area is proposed in fi-ont of the hospital. Two shaded outdoor-areas of respite are also proposed Lvithin the baler along the southern boundar;y of the commercial poi Lion of the development. • "Mixed use areas should be centered around spaces that are well-designed public and quasi- public centers of activity. Spaces should be activated and incorporate permanent design elements, and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development and further placemaking opportunities considered." F�evised aee00%gHg6;. or io the C44.r.,..neil heal=i Three 3 outdoor courtyards are proposed htk�2"'around the medical office building and a large oartdoor pla.:algreen space area tii,ith a shaded seating area is proposed in fi-ont of the hospital. Two shaded outdoor areas oft espite are also proposed within the buffe7•along the southern boundary of tl2e commercial portion of the development. • "All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." The proposed rnixed use development is dir•ectiv accessible to neighborhoods within the section by a collector street(W. Rustic Oak Wur) that runs along the project's east boundari,at the hay Mile between IvIcDerntott and Black Cat Roads;a midti-use pathsvaj,is planned along the collector street fbr-pedestrian connectivity in aee•ord with the PathtivaYs Master Plan. • "Alleys and roadways should be used to transition from dissimilar land uses,and between residential densities and housing types." There are no roadways separating the cornnierciallrnired use area from the single-fanailk detached homes and townhomes proposed at the south boundary af•1he area proposed to be -otaed C-G. Hox,eiler, there is a 30-fbot wide densely,landscaped bujjer proposed between the commercial and residential uses. 8owt4 is • "Because of the parcel configuration within Old Town,development is not subject to the Mixed Use standards listed herein." The subject property is not located in Old Torun, therefore, this item is riot applicable. In reviewing development applications,the following items will be considered in MU-R areas, per the Comprehensive Plan (pgs.3-16 thru 3-17): Page 10 Page 324 Item#14. • Development should generally comply with the general guidelines for development in all.Mixed Use areas. Slgf]'s analysis on the proposed project's compliance with these guidelines is included above. • Residential uses should comprise a minimum of 10% of the development area at gross densities ranging from 6 to 40 units/acre.There is neither a minimum nor maximum imposed on non- retail commercial uses such as office,clean industry, or entertainment uses. Multi-faini4,uses are proposed at a density oj'16.6 units/acre.fbr approximately,27°%n of the mixed use development area. Non-retail medical qf]icelltospital uses are proposed on the remainder of'the mixed use development. • Retail commercial uses should comprise a maximum of 50%of the development area. Aa-+Retuilii-estauraW commercial uses(10,000+I-square feet) are proposed on the entire l rst Moor of the medical office building. Because this site is proposed to develop with a medical campus including a regional hospital retail uses will be minimal but.should be provided as a third land use tape as desired in mixed use designated areas as discussed above to serve patrons and residents. Where the development proposes public and quasi-public uses to support the development, the developer may be eligible for additional area for retail development(beyond the allowed 50%), based on the ratios below: • For land that is designated for a public use, such as a library or school,the developer is eligible for a 2:1 bonus. That is to say, if there is a one-acre library site planned and dedicated,the project would be eligible for two additional acres of retail development. • For active open space or passive recreation areas,such as a park,tot-lot, or playfield,the developer is eligible for a 2:1 bonus.That is to say, if the park is 10 acres in area,the site would be eligible for 20 additional acres of retail development. • For plazas that are integrated into a retail project,the developer would be eligible for a 6:1 bonus. Such plazas should provide a focal point(such as a fountain, statue, and water feature), seating areas, and some weather protection. That would mean that by providing a half-acre plaza,the developer would be eligible for three additional acres of retail development. This guideline is not applicable as no publiclquasi-public uses are proposed in the AfU-R designated area. Stuff believes the proposed development plan is generally?consistent with the vision of the Comprehensive Plan if a commercial(i.e, retail,restaurant, etc.) component is included in the mixed use designated portion of the development as discussed above. Vl. UNIFIED DEVELOPMENT CODE ANALYSIS (1ID0 A. Annexation &Zoning: The proposed annexation area consists of sip-ten(& 0)parcels of land totaling 122.9 1.28,21 acres designated on the Comprehensive Plan Future Land Use Map(FLUM)as Medium Density Residential (MDR)and Mixed Use—Regional (MU-R). Per the proposed conceptual Master Plans included in Section VIII.A, single-family residential attached and detached homes,townhomes. multi-family apartments and a medical campus featuring a regional hospital and medical office Page i 1 Page 325 Item#14. buildiniz with retail and restaurant uses is proposed to develop on this site. As discussed above, StAff FeeOMMeNdS eemmer-emal (i.e. mta,!,restaurant, ete.) USeN QFe also provided asjp .n the C G zoned iir-eft its desired in Mated Use and specifleally AIU R designated oreas to The medical campus is proposed to include"boutique"medical services geared toward women's health and pediatrics. Two buildings are proposed—a 4 3-story-220,909 181,000+1-square Foot (s.f.)hospital with approximately 4060 in-patient beds and a 4 3 4-story 40,999$0,000+I-s.f. medical office building which is proposed to include 10,000+1-square feet of retail uses and 10,000+1-square feet of restaurant uses on the entire:first floor.Most services anticipated to he performed in the hospital will be out-patient procedures. Areas not used for inpatient beds will be used for surgery,radiology, an emergency department, labor rooms,physical plant and a cafeteria. The hospital is proposed to be similar in scope and size to the St. Luke's and St. Al's campuses in Nampa. West Ada School District plans to develop a public school on the eastern portion of the annexation area separate from this development. The parcel was included in the subject AZ and PP applications because it was created outside of the process required by Ada County to create a buildable parcel. Including it in the proposed plat will allow building permits to be obtained for future development. The single-fancily attached/detached portion of the development is proposed to be annexed with R-8 zoning(99.53 acres),the townh.ome and multi-family portions are proposed to be zoned.R-15 (8.82 acres) and the medical campus is proposed to be zoned C-G(19.17 19.85 acres, including adjacent right-of-way to the section line of W. Chinden Blvd.lSH 20-26),which is generally consistent with the associated MDR and MU-R FLUM designations for the site as discussed above in Section V (see zoning exhibit in Section VI11.13). Proposed Use Analysis: Single-family attached and detached homes and townhouse dwellings are listed as a principal permitted use in the R-8 and R-15 zoning districts; imulti-family developments are listed as a conditional use in the R-15 zoning district, subject to the specific use standards listed in UDC 11-4-3-27; and public education institutions are listed as a conditional use in the R-8 zoning district per the Allowed Uses in the Residential Districts table in UDC Table I 1-2A-2, subject to the specific use standards listed in UDC 11-4-3-14.A hospital is listed as a conditional use in the C-G district, subject to the specific use standards in UDC 11-4-3-22; a+W healthcare and social services is listed as a principal permitted use in the C-G district; retail uses are listed as a principal permitted use in the C-G district: and restaurant uses are listed as a principal permitted use in the G-G district. subject to the specific use standards listed in UDC 11-4-3-49 per the Allowed Uses in the Commercial Districts table in UDC 11-2B-2. Evaluation of the multi-family development for consistency with the specific use standards listed in UDC 11--4-3-27 and the hospital's consistency with the specific use standards listed in UDC 11-4-3- 22 will occur with the conditional use permit applications for such uses. One of the standards for hospitals that provide emergency care requires that the location shall have direct access on an arterial street; the proposed hospital is planned to provide emergency care. Because UDC 11- 3H-4B.2 prohibits new approaches directly accessing a State Highway, access is proposed via N. Rustic Oak Way,a collector street, at the projecVs east boundary located at the half mile mark between section line roads. The City Council should determine if this nieets the intent of the requirement, if so, it should be memorialized in the Development Agreement. Alternatirety, Council►ttav deny the emergency care component of the hospital use. Note:ITD denied the Applicant's request for access via SH 20-26IChinden Blvd.for the medical campus. Page 12 - Page 326 Item#14. The property is within the Area of City Impact Boundary(AOCI).A legal description for the annexation area is included in Section VIII.B. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-65 I IA. In order to ensure the site develops as proposed with this application and future development meets the Mixed Use and specifically the MU-R guidelines in the Comprehensive Plan, Staff recommends a DA as a requirement of annexation with the provisions included in Section VIIi.A. The DA is required to be signed by the property owner(s)ldeveloper and returned to the City within b months of the Council granting the annexation for approval by City Council and subsequent recordation. The Applicant requests three(3)separate DA's are required—one for the R-8 and R-15 residential portions of the development,one for the medical campus and another for the school district's parcel. Staff is amenable to this request as there are three (3)distinct components of the project. B. Preliminary Plat: The proposed preliminary plat consists of 433 422 lots—395 377 371 buildable lots 1316 32 single-family residential (94-102 attached-&-2222 2151detached),63 38 townhome, 14 multi-family residential, l commercial and I school],32--3442 common lots and 6 other(shared driveway) lots on 123.26 423-5-3 124.81 acres of land in the proposed R-8, R-15 and C-G zoning districts.A portion of the proposed plat is a re-subdivision of Lot 18, Block 1. Peregrine Heights Subdivision,:3 formerly deed restricted agricultural lot that was only to be used for open space(i.e.non-farm)— this restriction has since expired. The minimum lot size proposed in the single-family residential portion of the development is 4,000 square feet(s.f.)with an average lot size of 6-,069 5,982 s.f.;the average townhome lot size is 2 2.302 s.f. The overall gross density is 3-6-3,2.97 units/acre with a net density of-7-M 7.68 units/acre. The gross density of the R-8 zoned portion is 4.47 3.07 units/acre with a net density of 7 W 7.07 units/acre and the gross density of the R-15 zoned portion is 12.87 7.57 units/acre with a net density of 21.39 13.8 units/acre consistent with the density desired in the associated MDR&MU-R FLUM desilmations in the Comprehensive Plan for this site. Phasing: The residential portion of the subdivision is proposed to develop in nine(9)phases as depicted on the phasing exhibit in Section V III.0 over a time period of 4 to 5 years. The northlsouth collector street will be constricted from W. Chinden BIvd.15.H 20-26 in alignment with Pollard Ln. across Chinden Blvd. to the north and extend to the southern boundary with the first phase of development. The single family portion of the site will develop first,followed by the townhomes and then the multi-family aparhnents. The school property(Lot 84, Block 12)are is not included in the phasing plan as they are it is under separate ownership and will develop separately from the residential and commercial portions of the development.The Applicant estimates development of the hospital and medical campus will commence in 2021 at the earliest: and the school in 2023 at the earliest, assuming services are available. Existing Structures/Site Improvements: There is an existing home on the Kuenzli property and some old accessory structures on the Roark property that are proposed to be removed with development. All existing structures should be removed prior to signature on the final plat by the City Engineer for the phase in which they are located. Page 13 Page 327 Item#14. Dimensional Standards (UDC 11-2): Development of the subject property is required to comply with the dimensional standards listed in UDC Tables I 1-2A-6 for the R-8 district_ 11-2A-7 for the R-15 district and 1 1-2.13-3 for the C-G district as applicable. Lot Layout: The lot layeatidevelepnient plan for the townhome poFtion of the development on Lots 16-74,- homes off the private street,Mrhch is prohibited per UDC 11 3F 4A.6j additionally,each eommon drive"ray Mfty Only serve a maximum of(6) dweffing units per UDC- 11 6C 3D -8 units fire proposed off emeh . Private streets are not intended for townhome developments other than those than create a common mew through the site design or that propose a limited gated development-neither a mews no is propose_d_ but no gates are proposed V ff-C;-B). Alternative Compliance may he requested to these standards and appreved upon reeommendation of the City Engineer,Fire Marshal and the Direetur when theAppliesint ean standards and shall not be detrimental to the public health,safety and welfare and where p ri vale streets are determi ned to en hanee the satety of the development by establishing a clear- sueh a request as Staff is of the opinion -ueh at the number of units and density PFOPosed would result ki a neighbar- -Z-werely under PROEM,whieh eeuld be detrimental to the publie health,Safet-.and Ar oeeess homes within the de4relopMpflt due to parking issues on the private st Staff recommends this portion of the development is redesigned with public streets(filleys an We&-common driveways may be 0 neorperated), e r-if prWate streets are p fi-Oposed, each umt should fr-OHt on nFid be neeessed via the private street(s) and the deAgn should ifiClude a MeW or gnie'd entry in accord • ith UDC 11_iC�:-=1 however, public streets are preferred. d,Ar effling units)with townhome style units might he a development option for this area. A revised parlizing plan should be submitted fOF this area as well thnt provides for ndequitte guest parking above the minimufn UDC standards (Table 11 3C 6) to serve this portion of the development. A revised coneept plan and parking plan should be submitted prior to or a Comm-ss*on hearing for review and R revised plat should be submitted tit least 10 days p to the City CoHneil hearing that reflects this modification. + (% 2 depiets parking and access driveways on buildable lots the number of parking spaces with eneh lot and nre not eommensurate with the parking required for eaeh building. with an ingress egress/par-king easement for each buildable let. A revised plat should be submitted at least 10 days prior-to the City Couneil 4 revised Plat was submitted that depicts the private street in the townhonte portion of the development within a common lot as requested.see Section 6III.C. Subdivision Design and Improvement Standards(UDC 11-6C-3l Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 1 1-6C-3, including but not limited to streets,common driveways and block face. Page 14 Page 328 Item#14. Block length is required to comply with the standards listed in UDC 11-6C-3F. Block faces should not exceed 750' in length without an intersecting street or alley unless a pedestrian connection is provided,then the block face may be extended up to 1,000' in length. The face of Block 7 on the south side of W. Smokejumper St. exceeds 750' at approximately 900'+I-;because the preliminary plat for the abutting property to the south did not include a pathway to this site in this location. Staff does not recommend a pathway is required for connectivity as it would dead-end at the subdivision boundary. Other block faces comply with the standard. Common driveways are required to be constructed in accord with the standards listed in UDC 11- 6C-3D. A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. An exhibit should be submitted with the final plat application that depicts the setbacks,fencing, building envelope,and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway should be depicted on the opposite side of the shared property line from the common driveway.Address signage should be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. Access(UDC 11-3A_3� Access is proposed via one(1) collector street(N. Rustic Oak WaY) from W. Chinden Blvd.ISH 20- 26, which extends through the site to the south boundary and will eventually extend to McMillan Rd. with development of The Oaks North subdivision to the south. A local street access (W. Sturgill Peak St.)is proposed via N. McDermott Rd., a collector street,at the project's west boundary. A stub street(N. Jumpspot Ave.) is proposed to the out-parcel at the southwest corner of the site— Staff recommends W. Smokejumber St. is also stubbed to this property from the cast;two(2)stub streets (N. Trident Ave. and N. Rustic Oak Way) are proposed to the south for future extension with The Oaks North subdivision;and two(2)stub streets(N. Serenity Ave. & W. Fireline Ct,)are proposed to the north for future extension—the stub street to Serenity Ln. will serve as an emergency access only to Peregrine Heights Subdivision and will have bollards preventing public access. A collector street(W. Ramblin St.) is proposed for access to the school site. A stub street (Sunfield Way) was approved with The Oaks North preliminary plat to Lot 37,Block 12,proposed as a common lot; this street is not proposed to be extended.The ACHD report states Sunfield Way cannot be extended into the site at this time as the stub street is aligned with the parcel line between this site and the school parcel. ACHD has required a permanent right-of-way easement to be provided and a road trust for the future extension of Sunfield Way with development of the school parcel. Cross-access/ingress-egress easements should be provided to adjacent MU-R designated properties to the west(Parcels#R6991221700& R6991221600) and east(Parcel# R6991222101) in accord with UDC 11-3A-3A.2. As discussed above,a private street loop(N.Highfire Loop)is proposed for access to the townhome portion of the development in Block 8 adjacent to the southern boundary of the commercial development(see analysis below under Private Streets). Staff is rW supportive of the proposed revised design and recommends revisions to the plan as stated ahave and in The Applicant's proposal to curve McDermott Rd. north of Sturgill Peak St. to the east at the project's west boundary does not meet ACHD policy and is not approved; the ACHD report states constriction of this portion of McDermott will be completed in conjunction with ITD's SH-16 extension. Page 15 Page 329 Item#14. Developments along SH 20-26 are required to construct a street generally paralleling the state highway that is no closer than 660 linear feet(measured from centerline to centerline)from the intersection (i.e. Rustic Oak)with the state highway.The purpose of which is to provide future connectivity and access to all properties fronting the state highway that lie between the subject property and the nearest section line road and/or half mile collector road. The street shall be designed in accord with the standards set forth in UDC 11-3H-4B.3 and shall collect and distribute traffic.Frontage streets or private streets may be considered by the council at the time of property annexation or through the conditional use process.Frontage streets and private streets shall be limited to areas where there is sufficient access to surrounding properties and a public street is not desirable in that location. A frontage road is proposed along the northern boundary of the site adjacent to Chinden Blvd. with an access on Rustic Oak approximately 660' south of Chinden as depicted on the conceptual development plan in Section VIII.A.Because residential homes exist to the west that are not likely to redevelop in the near future,a future interchange for SH-16 is planned east of the McDermott/Chinden intersection,and a north/south collector street(Rustic Oak) exists along the east boundary of this site, Staff believes there is sufficient access to surrounding properties as proposed without the provision of a public street. Elnergencv access; In response to the Fite Department's estimated response tune to the developpienl, which are below the target goal on the McDermott side of the subdivision, the Applicant plans to include an AED (Autornated External Defibrillator) device in the cltthhouse and provide education related to the use of the device to ensure residents are aware of the benefits and junction if the device is needed. Additionally, a connection is proposed front Chinden through the project to the southern boundary of the subdivision with the first phase of development to aid in emergency+response times to the site, this.should also benefit response times to The Oaks North to the South. Parking{UDC 11-3 Off-street parking is required to be provided for residential uses in accord with the standards listed in UDC Table 11-3C-6, and for non-residential uses in accord with the standards listed in 11-3C- 613.1, Future development should comply with these standards. A parking exhibit(and details in the narrative)was submitted with this application, included in Section VIII.F that depicts 46 15 extra off-street parking spaces in the townhome portion of the development and a total of 497 on- street parking spaces available for guest parking. A total of 16 off-street parking spaces are proposed for the 3,750+/-square foot clubhouse and swimming pool facility. Staff is of the opinion the proposed parking in the single-family and townhomes portions of the development should meet the parking needs. Off.-street parking in the multi-family portion of the development will be evaluated with the conditional use permit application. Off-street parking is required to be provided for the commercial portion of the development in accord with the standards listed in UDC 11-3C-6B for commercial uses with the exception of restaurant uses: off-street parking for restaurant uses is required per the standards listed in UDC 1 I- 4-3-49. Off-street parking is depicted on the conceptual_Master Plan in accord with these standards and will reviewed again with the final design of the site to ensure consistency with these standards. Pathways(UDC 1144-8}: The Pathways Master Plan depicts segments of the City's multi-use pathway system across this site. In accord with the Plan,the Park's Dept. recommends detached 1 Q' wide multi-use pathways are provided within the street buffers in the following locations: along N. McDennott Rd.,W. Chinden Blvd./5H 20-26,the east side of N. Rustic Oak Way from Chinden to the southern boundary of the site, and along W. Ramblin St. from Rustic Oak to the school site. These pathways are required to be placed in a 14-foot wide public pedestrian easement. Page 16 Page 330 Item#14. Other pathways and micro-paths through common areas are also proposed for pedestrian interconnectivity and access within the development. Two(2) micro-path connections to the school site are proposed in addition to the multi-use pathway connection from Rustic Oak that extends along the northern boundary of the multi-family development. All pathways shall be constructed in accord with the standards listed in UDC 11-3A-8 and landscaping shall be provided on either side of the pathways as set forth in UDC 11-3B-12C. Sidewalks(UDC 11-3A-17y: Detached sidewalks are required to be provided along all arterial and collector streets; attached(or detached)sidewalks may be provided along internal local streets. Sidewalks are proposed in accord with the standards listed in UDC 1 1-3A-17, o pt r along ng the east side 4 Kiisti, Oa6 ,rth a W. Lost Rapids St. where FM atlaehed 7' wide Sidewalk is pf;apased. This side-Arallk should be detached from the eur-b in neeard with UDC 11 3A4-7. Parkways(UDC 11-3A-17): Eight-foot wide parkways are proposed adjacent to the north/south collector street(N. Rustic Oak Way) and are required to be constructed in accord with the standards listed in UDC 11-3A-17 and landscaped in accord with the standards listed in UDC I 1-3B-7C. A,.....: The k ffte.. n,...- ipiel...��., a•fr,. hp1wouse d Landscaping(UDC 11-3B): Street buffers are required to be provided within the development as follows: a 35-foot wide street buffer is required along W. Chinden B1vd.ISH 24-26 and N. McDermott Rd., an entryway corridor, and a 20' wide buffer is required along N.Rustic Oak Way,N. M..T,o.... a-4 Rd. and W. Ramblin St.. collector streets,landscaped in accord with the standards listed in UDC I 1-3B-7C. A 25' wide buffer is required on the C-G zoned property to residential uses as set forth in UDC Table 1 1-211-3, landscaped per the standards listed in UDC 11-3B-9C. The buffer area should be comprised of a mix of evergreen and deciduous trees,shrubs,lawn or other vegetative groundcover that results in a barrier that allowed trees to touch at the time of maturity. A 30-foot wide buffer is proposed with dense landscaping along the western and southern boundaries of the site adjacent to residential uses as required. Parkways where provided are required to be landscaped in accord with the standards listed in UDC H-3B-7C. The total linear feet of parkways with the required and proposed number of trees should be included in the Landscape Calculations table on the final plat landscape plan to demonstrate compliance with the required standards. Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B-12C. The total lineal feet of pathways with the required and proposed number of trees should be included in the Landscape Calculations table on the final plat landscape plan to demonstrate compliance with UDC 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 with the required and proposed number of trees should be included in the Landscape Calculations table on the final plat landscape plan to demonstrate compliance with the UDC standards. Parking lot Iandscaping is required to be provided in the commercial portion of the development in accord with the standards listed in UDC 11-3B-8C. If any existing trees on the site are proposed to be removed, mitigation may be required per the standards listed in UDC 11-3B-10C.5.The Applicant should coordinate with Matt Perkins, Page 17 Page 331 Item#14. the City, Arborist,to determine mitigation requirements if any existing trees are not proposed to be retained on site. Noise abatement is required to be provided in the form of a berm or a berm and wall combination parallel to W. Chinden B1vd.ISH 20-26 constructed in accord with the standards listed in UDC 1 1-3H-4D.A detail/cross-section of the proposed noise abatement should be submitted with the final plat application for the commercial portion of the development that demonstrates compliance with the required standards.. Qualified Open Space(UDC 11-3G): A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required for the residential portion of the development. Based on 105.08 80.42 acres(excluding the 28-acre school parcel),a minimum Of 10.5 1-8.04 acres of qualified open space should be provided. A qualified open space exhibit was submitted,included in Section VI1I.E,that depicts 11-56 12.4 acres(or 44-$ 15.41% excluding the 28-acre school parcel)of open space consisting of the entire buffet along collector streets (McDermott& Rustic Oak),open space areas of at least 50' x 100' in area and linear open space in accord with UDC standards. Note:Although a couple of the lots (i.e. Lot 30, Block 1 and Lot 29, Block 9)counted toward qualified open space don't tweet the mininium dimensional standards of'50'x I00', the rest of'the area does quali f, vvhich still exceeds the mininnan standards. Because the multi-family portion of the development is proposed to be subdivided with each 4- plex on its own individual lot for the option of separate ownership of the 4-plex buildings, Staff recommends a provision is included in the DA that requires one management company handle the leasing and maintenance of the entire project to ensure better overall consistent management of the development. Qualified Site Amenities(UDC 11-3G'�: A minimum of(1) site amenity is required for every 20 acres of development area. Based on the residential area of the proposed plat t405.08 80.42 acres), a minir non offi-Ne four(5 4)qualified site amenities are required to be provided per the standards listed in UDC 11-3G-3C.A site amenity exhibit and renderings are included in Section VIII.E. A 3,750+1-square foot clubhouse with restrooms, an exercise area, office and meeting room with an outdoor patio and a 54' x 30'+1-swimming pool, one large tot lot on Lot 1, Block 9 and(2) smaller tot lots on Lot 1,Block 13 and Lot 12,Block b with children's play equipment, an enclosed 5,500+1-s.f. dog park(although this area may be just a pocket park with no dog facilities depending on what is desired by future residents),segments of the City's multi-use regional pathway system. and additional qualified open space exceeding 20,000 square feet are proposed as amenities in excess of UDC standards. Amenities are proposed from the following categories listed in UDC 1I- 3G-3C: quality of life,recreation and pedestrian or bicycle circulation system,in accord with UDC standards. Details of these amenities should be submitted with the final plat applications for the phases in which they are located. Storm Drainage(UDC 11_ 3A-I8]: An adequate storm drainage system is required in accord with the City's adopted standards, specifications and ordinances as set forth in UDC 1 1-3A-18. Design and construction shall follow Best Management Practice as adopted by the City. Sub-surface drainage is proposed but swales could be incorporated if needed. Page 18 Page 332 Item#14. Pressurized Irrigation {UDC 11-3A-15): Underground pressurized irrigation water is required to be provided in each development as set forth in UDC 11-3A-15. This property is within the Settler's Irrigation District and the Nampa& Meridian Irrigation District's boundaries. Waterways(UDC 11-3,4-6): The West Tap 5ublatenal rims cast/west across the southern portion of this site within a 20' wide drainage district easement;and a 15' wide irrigation easement runs east/west across the northern portion of the site as depicted on the Peregrine Heights subdivision plat. This waterway is planned to be relocated and piped. If the easement(s)for the waterway is greater than 10' in width,it should be placed in a common lot that is a minimum of 20' in width and outside of a fenced area, unless modified by City Council in accord with UDC 11-3A-6E. All waterways are required to be piped unless used as a water amenity of linear open space as defined in UDC I 1-IA-I in accord with UDC I I-3A-6B. Fencing(UDC 11-3A-7]: All fencing is required to comply with the standards listed in UDC 1 1-3A-6C and 1 1-3A-7. Fencing, is depicted on the landscape plan. Fences abutting pathways and common open space lots not entirely visible from a public street is required to be an open vision or semi-private fence up to b' in height as it provides visibility from adjacent homes or buildings per LTDC 11-3A-7A.7. Staff is concerned there is not enough visibility from the street of the common area on Lot 1,Block 2 located behind building lots and around Lot 37, Block 12 and recommends the fencing type is revised on the perimeter of these lots to comply with this standard. Building Elevations(UDC 11-3,f-191 Architectural Standards Mantra//: The Applicant submitted sample photo elevations and renderings of the different home types planned to be constructed in this development which are included in Section VIII.G. Homes depicted are a 2nix of 1-and 2-story units of varying sizes for the variety of lot sizes proposed. Building materials consist of a mix of finish materials with stonelbrick veneer accents. Because the side and/or rear of 2-story homes that face collector streets(i.e.N.McDermott Rd.,N. Rustic Oak Way and W. Ramblin St.)will be highly visible,these elevations,should incorporate articulation through changes in two or more of the following: modulation (e.g. projections,recesses,step-backs, pop-outs),bays,banding,porches,balconies, material types. or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street.Single-story structures are e-remptfrosn this requirement. Conceptual renderings of the hospital and medical office buildings were submitted as shown in Section VIII:G,The hospital is proposed to be a 3-story building and the medical office building a 4-story building.The elevations for the medical office building incorrectly depict a 3-story building; these elevations should be revised prior to the City Council hearing to reflect the correct number of stories. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of any building permit applications for the medical office building, hospital,clubhouse, swimming pool facility, single-family attached,townhome and multi-family structures.The design of such is required to comply with the design standards listed in the Architectural Standards Manual. Design review is trot required for single-Aamily detached homes. Page 19 Page 333 Item#14. C. Private Streets[UDC 1_!-3F} A private street loop(N. Highfire Loop)is proposed for access within the portion of the development where townhomes are proposed on Lots 17 1 17-44 and 54-67.Block 8 adjacent to the southern boundary of the commercial development. The Applicant believes a private street in this area will enhance safety and vehicular circulation by creating a clear path of travel for emergency vehicles and residential traffic. A mew is proposed but no gates are proposed as the Applicant believes a gate would detract from site circulation and would physically and Figuratively disjoint the townhomes from the rest of the community. Private streets are not intended for townhome developments other than those that create a common mew through the site design or that propose a limited gated residential development per UDC I]- 3F-1. The applicability may be extended where the Director or Fire Marshall determines that private streets will enhance the safety of the development. The spplioa„t-rnnv�tSa'tOffla'sse C�ffl '=�n�to ..4lternathr e Compliance is no longer►recessaty as a mew is proposed on the revised plan. por-tion of the plat where the p rivate street is p r-op osed.Staff and the Fi re Dept. d oes not bel,e%re safe", is enhanced by the PFOVision of a py-mirate street in this or-ea with the density like"hood of vehieles parking in fire 'fines Elue to inadequney of pnrldng for guests find overflow parking.Therefore,Staff d oes not r-eeemmen d approval of th P pAva te street as D. Alte,.RO:Ve r., ..HORee rrr� n�DC— belief that the townhame patsti8n aftlie better integrate w4h the fvst of the pfov:rip a gsaio-r path of travel for o.,.,eraency,,ehic1es. develop meat with the p iy ate street_ Staff iS in t....n not% .• u erfiaaF the request fe alter-native comptianee.As noted nheve on Section V1.9, Lot Layout�Staff recommends Menges to the layout of this p or-tie n of the P110t.A SH bSeq HeRt Feq oest fney be eonsider-ed if- anted by the .-edes-gn.Because a mesh is hurt proposed on the revised phm.y. alternative compliance i.v no longer necessarv. V1I. 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 with the conditions noted in Section IX.A and denial of the request for a private street and alternative compliance per the Findings in Section X. B. The Meridian Planning&Zoning Commission_heard these items on (continued from July 16"'and August 20) September 17, 2020. At the public hearing,the Conuitission moved to continue the subject AZ and PP requests to a subsequent Commission hearing in order for the Applicant to revise the concept Man for the commerciallmedical_campus_and plat_for the townhome_portion of the development. 1. Surnmary of Commission public hearing_ Page 20 Page 334 Item#14. a. In favor: Stephanie Leonard KM Engineering& Patrick Connor(Applicant's Representative); Betsy Huntsinger, representing the proposed hospital; Randall Petennan{adjacent property owner}; Mitch Armuth, Providence Properties b. In opposition: None C. Commenting: Val Stack and Paul Hoyer; Sue Ropski; Cory Coltrin: Randall Petennan d. Written testimony: Josh Femreite Chief of New Schools for Gem Innovation Schools e. Staff presenting application: Sonya Allen f_. Other Staff comrnenting on application: Joe Bongiorno_ ? Key issue(s)of public testimony a. Gem Innovation School is in strong support of the project as their future campus lies approximately 340 yards to the south and will be able to provide K-12 public education o bons for future residents,• b. Would like 30' buffer extended along entire east and south boundaries of Peregrine Heights Subdivision for a buffer to higher density residential uses; would like more of a transition to the lots at the southeast corner of Peregrine Heights Subdivision either with larger lots or common area instead of 5 building lots; not in favor of proposed access via Screni!y Ln.,• concern pertaining to future access for Sereni Ln. residents via Chinden• concern pertaininm to obstruction of view sheds with proposed 4-stoKy structures on commercial portion of development. C. Ms. Ropski's concern with location of trash dumpsters and parking adjacent to their property, d. Preference for the hospital to be located closer to the ChindenlRustic Oak intersection away from low densjly residential lots at west bounds e. Mr. Peterman is in favor of the proposed development as it will briny,services to his property for development. 3. Key issue(s)of discussion by Commission: a. Preference for owner-occupied townhomes rather than rental or more multi-family units in the portion currently proposed for townhoines; b. Preference for the Applicant to obtain the out parcel at northeast corner of site in order to develop commercial[retail,restaurant,etc.] uses on the site; C. In favor of the variety in housing types and lot sizes proposed; d. Not in favor of the proposed design of the townhome portion of the development and the private streets—needs to be redesigned; e. The Fire Dept.'s preference for a direct unhindered access to the site via Serenity Ln. (i.e. not obstructed by a gate,bollards or a chain)—opposed to ri hg t-in/right-nut at Serenity Ln.IChinden Blvd. as a fire engine will not be able to access the site from the east via Chinden. f_ Conceptual development plan for the conunerciallmedical campus portion of the site needs to be revised as discussed. 4. Commission change(s)to Staff_recommendation: a. None 3. Outstanding issue(s)for City Council: a, None C- The Meridian Planning&Zoning Commission heard these items again on October 22"'. At the public hearing on October 22"',the Commission moved to recommend approval of the subject AZ and PP requests. I. Summary of Commission public hearing_ a. In favor: Patrick Connor,Providence Properties[Applicant's Representative]; Betsy Huntsinger, representing the proposed hospital b. In opposition: None Page 21 Page 335 Item#14. C. Commenting: CqU Pitman- Sue Ro ski, Val Stack,• Doug Hanebor -, Heidi Wilson,Charles Hay: Bonnie Layton,WH Pacific (representing property owner to the west of Peregrine Hei hts d. Written testimony: None C. Staff presenting application: Sonya Allen f Other Staff commenting on application: Bill Parsons 2. ICey issue(s)of public_testimony- a. Preference for the parking on the east side of the 3-story medical office building to be relocated to the west side of the building and the building,shifted further to the east so that the building is further away from adjacent residential properties; b. Concern pertaining to traffic on Serenity Ln. if it were to be open to the south and the safety of children as there are no sidewalks along the private street; C. Concern pertaining to future restriction of rigJit-in/right-out access to Serenity Ln. from Chi nden Blvd. and resulting delays for emergency services to Peregrine Heights; C. Request for provision of a fence or a gate at the south end of the Serenity Ln. cul-de-sac to keep it private; d. Request for the larger estate lots that abut the south end of Peregrine Heights to be carried R over to the south side of W. Tanker Dr.-, C. Property owner to the west of Peregrine Heights is in favor of the proposed frontage road along Chinden Blvd. for access to the collector street, 3. Key issue(s)of discussion by Commission: a. The provision of an electronic gate at the south end of Serenity Ln. for emergency access to Peregrine Heights and to keep the laneprivate-, b. Impacts to the design of the site if the out parcel at the northeast corner oftlie site isn't T purchased by the Developer and developed as part of this site; C. Trash enclosures should be located away from adjacent residential properties d. In support of the reduction in height from 4-to 3-stories for the hospital and medical office building; C. Preference for the inedical office building to be shifted further to the east and/or rotated: f. The provision of only one(1)mew_ in the town-home portion of the development. 9-- In general support of the revisions made to the concept Man for the commercial portion of the development. h. Would like the Applicant to work with ITD on noise abatement along the west boundary adiacent to SH-16; i_ In favor of the walkability of the development and especially the medical campus; In support of the changes to the townbome portion_of the developmment and the additional open space, k. Would like the Applicant to work with Staff to reduce the number of lots along the southern boundary of the subdivision to provide a better transition to planned R-4 zoned lots in The Oaks subdivision. 4, Commission change(s)to Staff recommendation: a. Requirement for noise abatement to be provided along the project's west boundary along N. McDermott Rd. adjacent to the future extension of SH-16(see Section IX.A.la.7 and A.3a): b, Relocate the parking on the east side of the medical office building to the west side of the building and shift the building further to the east away from the adjacent residential properties(see revised concept bans in Section VII1.A): C. The Applicant shall work with Staff to provide an electronic_gate that is approved by the Fire Dept. for access to Serenity Ln. from the south(see DA provision#A.Ia.6 in Section IX); and, Page 22 Page 336 Item#14. d. Reduce the number of lots alonm the soutbern boundary to provide better transition to the R- T 4 properties plaimed to the south ii7 The Oaks subdivision{lots were reduced by 5 along the south and southeast boundaries,see revised plat in Section VIII.Q. 5. Outstanding iissue(s) for City Council: a. Council should determine if the proposed access to the hospital via N. Rustic Oak Way,a collector street meets the intent of the UDC 11-4-3-22 which requires has itals that provide emergency care to have direct access on an arterial_street. ITD denied a i-Equestor direct access via Chi►aden Blvd.far the e►nemency rare component of the hospital foe►•the letter to the Applicant dated Mrty 5, 2020 included in the public record. Alfe)-Ilatively. Council inav dem,the emte encycare conToneg of the hospital use. D. The Meridian City Council heard these items on Deceml7er 1 2QZ0. At the public hearing•fhe __ - - d Council moved to remand the nroJect hack to the=Comm ission in osier for the out-narcel at the nod}east-��rn _Qf the lt�t❑_�e3nclnd�d _annexation a�e� c-yei❑���rtt lan f❑ttl�e Stt_e_. i. Si��tt ❑f_ i�Cit C❑unciI-mil iiheurirt� a. amori f'aWkk-Corimx.. yidemco-Prop 3 esand..Stcphanie Uyx l Enein`eenng(Ann ic-a-pt's Renres- n�_t-_ _ In n�tio�lSiQt1,1y9A� Qmnl�Ati C �itrt]a�iDo1V,Ram cb4t&- vxCltsrt VWrren#-c5t m al P-dteman- �r Staff oreSer�tinRplictiQn���r�Y Allen f. Other Staff commenting on n apmlication: (lint Dolsbv.Joe Bonaiomo, Steye Siddowav 2. Ke_y e issus)of public t tir►mov: __. a. nc�m_pining_!QAaAv h4f ht�f a �raad and access tail fiQ ni1�X Ln 1 &a=nce for the hospital to be shifted as far east as possible away from adiacent r�atiWmg,will-P-YcrLoW�Ae-rcx y d-of� jacmI residential properties; Desire far a gatednStae to the medical campu�p�rtion of the site f�m Serenity Ln t�rohibit.publie aceessLtmf c on agnermdy _ d. Concerns pertaining to lid t trespass an adjacent residential poperties from the me_dicalcamous;_ Lot sizes o-IoW the southeast corker f Pere- 'ne Hei ht here there are 4:1 1 l&propsed:concern pertaining to Fire Dent.response time; location of water&sewer stubs to Peregrine Heighi�x I4e�tttQn- cc hyslnts�ncita�tQexeine_Height . — ---- 3_ Kev issues of dC11551a�by itv Council_: a. Fire-respo"s'e tjrme--twft-§ite; h. 5 ubA Asi-QnDflhcxwu tifamiIY-mxU tl the it lowin �Qx �Q�uership�f individual apartment structures and concern pertaining toconssigent exterior maintenan= hQuld txtaI -qct-he gDV ci17 �H0 _wspe—0 yp_ ' Ill�It�133et7t_comOanY tQ�tlSldr�c�7n.5ii�tll�Il�tlID�IY�IlIS��h��Ye�1�1�I1L? C. Preference for the out-parce1.at the northeast corner of the site to be included in-the auncxatiml Arm and*Y=gJ—ent�I�fpt tl?�_SLe�C4JdRcal 1�nQt 1n favor_Qf annexing the medical campus paniam of the site without the out�parcel:remand bad to the Commission for inclusion of the out-parcel in the annexation application. 4 CityrgpuaLch-mgQ(s)to Cammission r r mmendation: Fm^ a, None. Page 23 Page 337 Item#14. E. The Meridian Plannin, &Zoning Commission heard these items on JanuM 21 2021. At the: public bearing,the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing_ a. In favor: Patrick Connor Providence Properties; Stgphanie Ho kins KM Engineering (Applicant's Representative) b. In opposition: Cosy Coltrin c. Commenting: James Jacobson,Attorney representing Peregrine i-Ieigjhts Homeowner's Association: Sue Ropski: Cary Pitman, Doug Haneborg d. Written testimony: Stephanie Napkins.Applicant's Representative(response to the staff report e. Staff presenting application: Sonya Allen f Other Staff commenting on application: None ?. Key issue(s)of public testimony: a. Opposed to development of a medical campus directly adjacent to Peregrine Heights residential subdivision and request for C-G zoning to be denied, b. Concerns pertaining-to where medical waste containers will be located location of loading docks next to residential,opposed to 4-story medical office building structure which will obstruct views, Iocation of frontage road/emergency access along north boundary of Peregrine Heights Subdivision from Chinden Blvd.: C. Not enough buffer between existing residential properties and proposed commercial development, d. Objections to a frontage road/emergency access driveway at the noitli end of Peregrine Heights subdivision along Chinden Blvd., e. Concern pertaining to light trespass from the commercial site on the adjacent residential properties: e. Clarification from the Applicant that this is►r_u_t a trauma center—most business will be related to wornen's health procedures and not emergency services. 3. Key issue(s)of discussion by Commission: a. Supportive of the continued changes that have made to the development plan by the Developer at the request of Staff and the neighbors, b. In favor of the proposed medical campus in this location of the City and belief it's an appropriate use for the MU-R designated property; L. Empathy for the impacts to the residential property owners adjacent to MU-R desigmated property and proposed cornmerc aI development d. Commission change(s)to Staff recommendation: a. Add requirement for the buffer along the west boundary of the site to incorporate a 2- foot tall berm with an 8-foot tall wall on top of the berm to assist in blocking the noise from the commercial development.This requirement is contingent upon approval from the Peregrine Heights HOA, otherwise, if not approved by the HOA, landscaping and the wall shall be installed as proposed on the concept plan(see DA provision#A.Ib.9 in Section IX). 5. Outstanding issues)for City Council: a. Council should determine if the proposed access to the hospital via N. Rustic Oak Way, a collector street,meets the intent of the UDC 01-4-3-22),which requires hospitals that provide emergency care to have direct access on an arterial street. ITD denied a request far direct access via Chinden Blvd.far the emergency care component of the hospital per the letter to the Applicant dated Mar!S, 2020 included in the public record. Alternatively. Council trrav dem,the emergency care componem of the hospital use. Page 24 Page 338 Item#14. The Meridian City Council heard these items on February 23.A-prii 13,and Ma ]-S_2621, At the w public hearing on May 18'�'.the Council moved to approve the s�_tbject AZ and_ PP_ r_equ�t L Summary of the Cii�ouncilpublic hearing;. i Step>tpni.e Haukip�,.KM Fngineedn b. Ln-oppodt-im NQr& c_ Commenting;Sue R_Qnski;Kristy Inselman.ACHD: Val Stack --- -- _ -- -- Sul-ff Fr e i��� jil m ilu ,sanva Allyn Other Staff commentg on a, li ati n: _ anc 3, MY iss gb)Qf jwb-k lestrmmw a Concern pertaining to the frontage road and heieht of the a proposed structures; t� Clarification pn the number ofrentai nrtrn re ti cs allowe ._ _ithi the develat}ment fup to 7. %)j r-OU the C. Concern Pertaining to safetv and aecess to the commercia��n of the site. I KmWued of discussion by City Council: eL CQrt�rn� irti g dir�ctiQ�Qf-psi > ]cgi�zt_�� g�At�pr rty-ttaxo-and hesitancy to move forward with this ap)iicatio.n until more information is known. Cau��il.�lQved to canii]ule�is a___-_,n�.nlicatinn to An�_�;��ublic te - �wil1� b. Differing-iniotls�ertainin�to whether or not the h- i. 1 5ta hm-d serve--as a trauma �nter��ith�Qciated.wse�l uvilh�n_errterg�nc�rQQtrtr-�Qtne_rc�nsns[ire bccausaxon iWt-&ya_WnWe ffrom_an anuiafsue-qt and bcca s-Qf.im wis _e in i i n_i li ors(i.e.helicopirsl: 4. Cit►r Colttlt� .rl�e{sl to Commi �iQt�� tiQn a. C-ounciI dmr.me-daw-em-for�r-cmmmcu mmma-R ti c 5��4�Ql lector-slyeet.mneet� ft intent Qf thc_reWrement in X -1-3-22A for direct ace_ess to he myided on an arterial_strQcx;.�I�s�,.tltat-tl�hsa��at�u�d.nQt.p�ar�ue>�ei[tg�.t�nated3�5sa trauma center. Page 25 Page 339 Item#14. VIII. EXHIBITS A. Master Plan Conceptual rendering&Medical Campus Conceptual Development Plan - REVISED u S H1GHwo xSMHIaotH Owl) K. PROPOSED RntOPUS 1 PRESCOTT w C4Mt5 -- r r RIDGE - MERMIAN,MAT40 uvx.#ru44 wu,eCi mcvAHGL - FUTURE SCHOOL SITE aPs � ��=_ ~' 1 — - t i L FUTURE OARS WORTH Su604V61014 aveepifor-aleffg the eoUeetov streets(i.e. AE Rustic Oak Way&AkDermeu Rd-.)and on eammeH lo Page 26 Page 340 Item#14. Concept Plan#2 (including eut""eel)[dated: 1/19/21]: SITE IN:OP NATION P�EC zDmm ^.d k+ DT Wm.0 wif WW r..K ..-JFW.!Y1 f•.-c lhi 9 lal ll . --r tnixaiccr��i� r � y+x+nww�.n-- S�si[�lpV'I.�inOpT K - �.kmc�a�o we srles II�� Ili 1.',I.I1"711_ I10 Ili 1-6 -Airw. [IT III I III A j III IIIIIT{I mUTMITri„IM111 - jij.U111 �•-i•� �'��4l�w Nf I MI f 4 �g50Flp�/In Page 27 Page 341 Item#14. B. Annexation&Zoning Legal ❑escriptions and Exhibit Maps C-G I9NIHG LEGEMp N A _ RUT p �o z x Y a¢ z U I I -15 PUTlam I ! I 1 R-8 / .f/� I I [HUIHEEA�HQ R-S a R-8 R-4 Plan stale:l'_'.tlo' Page 28 Page 342 Item#14. km E N G I N E E R I N G December 17,2020 project No.19.140 Exhibit A Legal Description for Annexation Rrescott Ridge 5ubdivi0on A parcel of land situated In a portion of the West 1/2 of the Northeast 1/4 and a portion of the West 1/2 of Section 28.Township 4 North,Range 1 West,BaIse Meridian,Ada County,Idaho and being mare particularly described as foliows: Commencing at an aluminum cap marking the Northwest corner said Section 28, which bears IV89"27'17"W a distance of 2,609.40 feet from an aluminum cap marking the North 1/4 corner of said Section 29, thence following the northerly line of the Northwest 1/4 of said Section 28, S89'77'17"E a distance of 1,484.66 feet to the POINT Of BEGINNING. Thence following said northerly line, 589'27'17"E a distance of 1,124.74 feet to said aluminum cap marking the North 1/4 earner; Thence leaving said northerly line of said Northwest 1/4 and following the northerly Ilne of the Northeast 1/4 of said Section 28,S89'25'25"E a distance of 60.00 feet to a point; Thence leaving said northerly line,S00"43'55"W a distance of 659.99 feet to a point; Thence S89'24'23"E a distance of 1,24E.58 feet to a 5/8-inch rebar on the easterly lire of the West 112 of the Northeast 1/4 of said Section 28; Thence following said easterly line,S00'36'13"W a distance of 1,615.76 feet to a 5/8-inch rebar; Thence leaving said easterly line, N77'58'17"W a distance of 1,338.12 feet to a 5j8•inch rebar on the easterly line of the Northwest 1/4 of said Section 28; Thence following said easterly 110e,500*43'55"W a distance of 62595 feet to 2-inch pipe marking the Center 1/4 of said Section 28; Thence leaving said easterly line,500°43'51'1i1I a distance of 24.35 feet to a 5/8-inch rebar; Thence 553'05'53"W a distance of 16.5-3 feet to a 518-inch re bar; Thence N78"07'38"IN a distance of 19AS feet to a 5/8•inch rebar; Thence 589'18'46"W a distance of 45.49 feet to a 518-inch rebar; Thence N86°14'49"W a distance of 63.62 fleet to a 5/$4nch rebar; Thence N88'50'040W a distance of 85.57 Beet to a 518-inch rebar; Thence N80'59'54"W a distance of 36.69 feet to a 5/Nnch rebar; Thence N70`27'41"W a distance of 25.64 feet to a 5/8-inch rebar; Thence S89'15'00"W a distance of 20.04 feet to a 5/8-inch rebar; Thence N86'53'39"W a distance of 189.53 feet to a 5/8-inch rebar; Thence 564'04'03"W a distance of 27.64 feet to a 5/8-inch rebar; Thence N89'14'25"W a distance of 7819.53 teet to a point; Thence N00"52'21"E a distance of 16,96 feet to a point being the Center West 1/16 comer of said Section 28; Thence following the southerly line of-he Northwest 114 of said Section 28, N89'21'12"W a distance of 686.03 feet to a point; Thence leaving said southerly line,N01'00'37"E a distance of 440.40 feet to a paint; 9233 West State Street • 6o6e,iduho$3714 • 208,639,5939 kmengllp.cam Page 29 Page 343 Item#14. Thence N89'21'12'W a distance of 625.00feet to a point on the westerty line of the Northwest 2/4 of said Section 23; Thence following said westerly line,NO1"00'370E a distance of 690.74 feet to a point; Thence leaving said westerly fine,573'33'16"E a distance of 483.50 feet to a paint; Thence 578°08'1fi"E a distance of 585.77 feet to a point; Thence 546'56`41"E a distance of 299.29 feet to a point; Thence 1475'51'12'"E a distance of 48.41 feet to a point; Thence N00'52'17"E a distance of 215.98 feet to a 112-inc h re bar, Thence N75`32'13"E a distance of 272.40 feet to a 1/2•inc h re bar,, Thence 30.59 feet along the arc of a-ifcuIar curve to the left,said curve having a radius of 45.00 feet,a delta angle of 38°56'33",a chord bearing of N75°32'13NE and a chard distance of 30.00 feet to a 1/2-inch re bar; Thence N75`37'13"E a distance of 219.13 feet to a 1/2-inch rebar; Thence N00`32'13"E a distance o€1,497.29 feet to a 1/2-inch rebar; Thence S69'18'13"W a distance of 270.56 feet to a 1/2•1nch rebar; Thence N31'55'35"W a distance of 8'.73 feet to a point; Thence 53.14 feet along the arc of a circular curve to the right,said curve having a radius of 115.00 feet, a delta angle of 267919",a chord bearing of N18'41'13"W and a chord distance of 52.67 feet to a 5/8- inch rebar; Thence NOW32'43"E a distance of 125.29 feet to the POINT OF BEGINNING. Said parcel contains a tatal of 128.2U7 acres,more or Iess. Attached hereto is Exhibit 6 and by this reference is hereby made a part of, GIST 12459 m � ar or L. 13kyS' Client Fruject Name PAGE 12 Page 30 Page 344 Item#14. &UMWLIM CAP 0 d POINT OF BEGINNING N 1/4 CORNER 20 21 28 0 BASIS OF BEARING W ChIndenBMd(Hwy20/26) � �� _ 589'27'17'E 26DMO' L1 29 �A,LIJMINIJM II24.1s'POINT OF 4`OMMENCEME1�N NF� Lie �.,,8 900'43'SSlY p ¢ I SECTION 28 MOW .2 N cc t v "9'24'23'E 124B.58' = t!7 Z 2 n = a N I ~� W 1 -0 06 'r ❑ iN n n m � 1., a 250 saa 1000 ° Jul eti �1�'r { �^. L U co 0 W SCALE: 1"m500' y AnFlexatian Arpa:92$.207tAC. 8 54428233640,R5991222210,SO428120950, n = 1 al. S0428131315,50428131200,R6991-222101&50428211102 Current Zoning:RUT coj .588.77' 415 C 1 Q p n S41Y55'0T"E DAN, nECEUMB Iwo 299.29' yea Ev10JELT•. Le•1w N69'21'12'W N7�SW17., SHEM 825.00' W T'�'�•12, 1 OF 2 pp qq M vy Y O Y CENTER—WEST 1/16 CORNER g $ OF SECTION 2B r9i 2- PIPE v CENTER OF SECTION 28 a Nalr21'12V 686.fl3' r 9RAES CJP L4 N89'14'25�I1 789.53' w 1/4 CORNER km SECTION 28 r r Ll �' L5 Y EIIGIIiEV6.%AVErM.PVNNERS 1 9233 WEST STATE S1q!£T L11 Y L2 WISE,log wmm _L12 L7 L0 aE1wtlE l=W} G039 LB_!_'LA l3 FA%;Ipp 835i730 Page 31 Page 345 Item#14. a � c a; `o � LANE TABLE LINE TABLE �a LIHs GEARING QISTAN CE L14E BEARING QIVANCE C m LI SB9'2525"E 50.00 LI5 N0'52'17"E 215.98 C 't Q c 1.2 8743'51-W 24.35 L16 NM2'13'E 272,40 CO .VT � m 13 S53105'531N 16,53 07 1175'32'13'E 219.15 n L4 N78'07'3111W 19.08 LIB SG9'18'13Yr 270.55 0.1 -a a LS 599'15'4611f +5.49 L19 N31'55'35* 81.73 c Lf) Z LB NW14-49-W 03.62 L20 N0'32'41 E 125.20tw d L7 N68'SO'04-W 85.57 LB HBQ'58'5+1M 36.59 i+ 4 L9 N70"37'41'W 25.64 ❑ ;g L10 S89"15bD-W 20.04 X u w G Ll% NW53'39'W 169.53 U = CL ti 41 T 99Y04103'W 27.64 r+ L13 040'52'21"E 18.96 C L14 N7551'12'E 48.41 a 6 t < q CURVE TABLE DATE GeLWe[R ZOE HO CURVE WIUS LENGTH DELTA CH BRG CHORD wlouen: 16.140 E:1 45.00' 30.59' 3B'56'33'I N7S32'l3-C I 30.0W SHEET: C2 115,Q0' 53.14' 26'26'38`I MEM-13'Yf I 52.E7' 2 OF ? km EnrmLus.sunvlm�.s.runnms 9i331VLSi SE0.TF STpEET B04E,IOAMKI lliu emome lwwl ei9-HIPi FAX I"634-6910 Page 32 Page 346 Item#14. km fNaaINEERINa De[emhef 17,2020 Project No.18-140 Exhibit A Legal Dewription for Rezone to C-G Prescott Ridge Subdivision A parcel of land situated in a portion of Northwest 1f 4 and a portion of the West 112 of the Northeast 1/4 of Section 28,Township 4 North, E.ange 1 West,Horse Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner said Section 28, which bears N89'27'17"W a distance of 2,609.40 'eet from an aluminum cap marking the North 114 corner of said Section 28, thence following the northeryy+line of the Northwest 1/4 of said Section 28,599'27'17"E a distance of 1,484.66 feet to the POINT OF BEG I INN INC. Thence following said northerly lane,589'2717"E a distance of 1,124.74 feet to said aluminum tap making the North 1/4 corner; Thence leaving said northerly line and following the easterly fine of said Northwest 1/4,504'43'55"W a distance of 586,55 feet to a 1/2-Inch rebar Thence leaving said easterly sine,589'?5'31"E a distance of 17.44 feet to a point; Thence 500'34'29"W a d+stance of 397o.44 feet to a point; Thence N89'25'31"W a distance of 826.54 feet to a point; Thence N08°32'13"E a distance of 837.,52 feet to a 1/2-inch rebar; Thence 569'18'13"W a distance of 279-56 feet to a 1,12•inch rebar; Thence N31'55'35"LV a distance of 81.73 f"t to a point; Thence 53.14 feet along the arc of a circular curve to the right,said curve having a radius of 115.00 feet, a delta angle of 26'28'39",a chord bearing of N18*41'l3"W and a chord distance of 52.67 feet to a 5/8- inch rebar; Thence N00'32'43'E a distance of 125.29 feet to the POINT OF BEGINNING. Said parcel contains a total of 19.852 acres,more or less. Attached hereto is Exhibit 0 and by this reference is hereby made a part of. �G l +� ,12459� OF L, Is 9233 Went Stete St4eet • Raise,Idaho 83714 • 208.639.6919 • kmr.ngllp.com Page 33 Page 347 Item#14. a o ti a AMMIN11N CAP 07 D POINT OF 8E61NNING W.Chinden Blvd(I Iwy 2d126i N 1/4 C"41M R L.7 {" E1Pw515 OF BEARING }�;EnON an L n 2U 21 589'27'17"E 2fio8.4D' 1 C � 24 28 S89'27'17"£ 14B4.68' U F1R4.7i' - •L ¢ rW32'43'E L0 '> p m 125.294.1 ' e+ N37'S5'351Y 5 �16�5 D7 cu M tri ry 51,73' c t'n D Rezone Area:19.$5t AC. m41 (Li G 50428211102,R6991222101,R5991222210(Portion), O � n SO428120950(Portion),SO428120640(Pnrtion) w o c &$0428 13 1200(Partion) yr x Curren[Zoning:RUT LU CL a Proposed Zoning:C-C N cJ 0 [G m QP a r Q 0 Yq Z M SBB'25'31'E a 17.44' q ., DATE: CF{EINBER 1070 r; CURVE TABLE i n v�Iscz 1RE°a CURVE RQIUS L114GTIi DELTA CHORDRRG CHORD SHEET: i m 1 OF 1 Ct 115A0' 53.14' 2F2B'39" R1ir4l'l31Y 52.67- NWZV31 V 826,54' kin i EG 1 WiTOP6 PNNF ml Q 100 200 400 I 9133WEST STATE 5:AET 40V4,-I)ANO 63714 PNpNi Pw)6150n SCALE: 1'=200' oAx Izoei sss4sx Page 34 Page 348 Item#14. km E N G I N E E R I N G April7,2020 Project No.18.140 Exhibit A Legal description for Rezone to R-8 Prescott Ridge Subdivision A parcel of land situated in a portion of the West 1/2 of the Northeast 1/4 and a portion of the West 1/2 of Section 28,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho and being mare particularly described as follows: Commencing at an aluminum cap narking the Northwest corner said Section 28, which bears N89'27'17"W a distance of 2,609.40 feet from an aluminum cap marking the North 1/4 corner of said Section 28,thence following the northerly line of the Northwest 1/4 of said Section 28, S89°27'17"E a distance of 2,609.40 feet to the POINT OF BEGINNING. Thence following the northerly line of the Northeast 1/4 of said Section 28,589"25'25"E a distance of 60.00 feet to a point; Thence leaving said northerly line,500'43'55"W a distance of 658.99 feet to a point; Thence S89"24'23"E a distance of 1,248.58 feet to a 5/8-inch rebar on the easterly line of the West 1/2 of the Northeast 1/4 of said Section 28; Thence following said easterly fine,500'36'13"W a distance of 1,615.76 feet to a 5/8-inch rebar; Thence leaving said easterly line, N77`58'17"W a distance of 1,338.12 feet to a 5/8-inch rebar on the easterly line of the Northwest 1/4 of said Section 28; Thence following said easterly line, 503°43'55"W a distance of 625.95 feet to 2-inch pipe marking the Center 1/4 of said Section 28, Thence leaving said easterly line,S00'4V51"W a distance of 24.35 feet to a 5/8-inch rebar; Thence S53°05'53"W a distance of 16.53 feet to a 5/8-inch rebar; Thence N78"07'38"W a distance of 19.68 feet to a 5/8-inch rebar; Thence S89"18'46"W a distance of 45.49 feet to a 5/8-inch rebar; Thence N86°14'49"W a distance of 63.62 feet to a 5/8-inch rebar; Thence N88°50'04"W a distance of 85.57 feet to a 5/8-inch rebar; Thence N80°59'54"W a distance of 36.69 feet to a 5/9-inch rebar; Thence N70°27'41"W a distance of 25.64 feet to a 5/8-inch rebar; Thence 589°15'00"W a distance of 20.04 feet to a 5/8-inch rebar; Thence N86°53'39"W a distance of 189.53 feet to a 5/8-inch rebar; Thence 564°04'03"W a distance of 27.64 feet to a 5/8-inch rebar; Thence N89°14'25"W a distance of 799.53 feet to a point; Thence N00°52'21"E a distance of 16.96 feet to a point being the Center West 1/16 corner of said Section 28; Thence following the southerly line of the Northwest 1/4 of said Section 28, N89'21'12"W a distance of 686.03 feet to a point; Thence leaving said southerly line,N01'W37"E a distance of 400.00 feet to a point; Thence N89°21'12"W a distance of 625,00 feet to a point on the westerly line of the Northwest 1/4 of said Section 28; Thence following said westerly line,N01'00'37"E a distance of 690.74 feet to a point,- 9233 West State Street a Boise,Idaho 83714 • 208.639.6939 • kmengllp.com Page 35 Page 349 Item#14. Thence leaving said westerly line,571'33'15"E a distance of 483.50 feet to a point; Thence 578°08'16"E a distance of 589.77 feet to a point; Thence 546'56'01"1 a distance of 299.29 feet to a point; Thence N75'51'12"E a distance of 48.41 feet to a point, Thence NOO°52'17"E a distance of 215.98 feet to a 1/2-inch rebar; Thence N75'32'13"E a distance of 272.40 feet to a 1/2-inch rebar; Thence 30.59 feet along the arc of a circular curve to the left,said curve having a radius of 45.00 feet, a delta angle of 38'55'33",a chord beari7g of N75'32'13"E and a chord distance of 30.00 feet to a 11 2-inch re ba r; Thence N75'32'13"E a distance of 219.13 feet to a 1/2-inch rebar; Thence NOO°32'13"E a distance of 659.67 feet to a point; Thence 589'25'31"E a distance of 279.95 feet to a point; Thence 5D0'34'29"W a distance of 420.05 feet to a point; Thence S89°25'31"E a distance of 275.60 feet to a point; Thence 82.73 feet along the arc.of a ci•cular curve to the right,said curve having a radius of 150.00 feet, a delta angle of 31`36'09",a chord bearing of 573°37'27"E and a chord distance of 81.69 feet to a point; Thence S57°49'22"E a distance of 138.32 feet to a point; Thence 275.78 feet along the arc of a circular curve to the left, said curve having a radius of 500.00 feet, a delta angle of 31°36'09",a chard bearing of N16*22'33"E and a chord distance of 272.30 feet to a point; Thence N00°34'29"E a distance of 233.13 feet to a point; Thence 589"25'31"E a distance of 496.43 feet to a paint; Thence NO0°36'19"E a distance of 294.85 feet to a point; Thence N89'24'23"Uv a distance of 496.59 feet to a point; Thence N00`34'29"E a distance of 122.33 feet to a point; Thence N89'25'31"W a distance of 17.44 feet to a point on the easterly line of the Northwest 114 of said Section 29; Thence following said easterly line, NO7'43'55"E a distance of 586.55 feet to the P01NIT OF BEGINNING. Said parcel contains a total of 99.532 acres, more or less. Attached hereto is Exhibit B and by this reference is hereby made a part of. ()i L �h►p �lST 12459 0 M gT o F Client Project Name PAGE 2 - Page 36 — Page 350 Item#14. POINT OF BEGINNING o ALUMINUM CAP _ N 1/4 CORNER E SECMDN 28 BASIS OF BEARING W,ChIndenBlvdI Hwy 20/25i CL —589'27'S7"E m `p t7 C Y POIHr OF COMMENCLMEW C m Q KW CORNER P 50743'55'W �i .0 SECTION 28 fi58.B9 N m I - •7 a N k � I Mly o w L243 S 89.24'23'E 7248,58 O G� rZ L22 589'25'31'E w0N.7 CwD0 279.95' N N +i 498.43' U0 250 500 1000 w � fl1 ul x Lw LuSCALE: 1"=500' LIB Sj 44F 3773 o C? _ +� Rezone Area:99.53±AC. bL2 589'2 '3 78•G8.1 0-1 50423233640,R6991222210(Portion),50428120950(Portion), h a a 589•77' 4z6 CS S0428131315&504281312GO(Portion) ¢ o Current Zoning:RUT S46'58'01"E Proposed Zoning:R-8 CAM nvRuruzu 290.29' 04 PROJEU MAO N 025.00' w +v7r5a':7-y �3•t9.1a• SHE 1 OF 2 ❑ M � N 'no CENTER-WEST tr16 CORNER g r OF SEC75014 28 N PIPR OF SECTION 28 g N69'21'12"+N 686.D3' i1 �� — BRM CAP 03 N89'14'25'W 7B9.53' _ T W 1/4 CORNER lam SECTIAN 29 JJrr —~ WGiNCEPS.S L FVO ASLg !M)WEST STR"E 5T RPE: AE 1 L71 DSr•IPA110B3714 2 L7 L6 MON E17o 63914" ` N NEfi4 La iAY r148f 6396930 Page 37 Page 351 Item#14. o — 0 B- a LINE TR9LF LINF TABLE ,� p u LINE MUM ING dSTRHCE uaol: 11F1121NG O15'fSHLE n a Lf sw2v25-E 6[L00 05 NO3PWE MAPS LA C LP 50'4051*1' 24.35 L78 H75'32431 27Z40 � m L3 553'05'5Yml1' 18.53 L17 H7532'131 2111.13 Q }� ++L4 M75'tl7'381F 19.88 L79 589'25 _c '31'E 275.80 7 A 1S 589'18'461W 46.i9 L19 53748'22"E 1'u68P O V] a �' IV LO H99'14'49Y/ 53.82 L20 N014'WE 233.73 IV Y 0 H88'S0'041Y 85.57 L21 NO'38'19Y 294.85 p ry to N80'S9'WW 35,60 L22 NW24'23-R 49LSS L9 N70'27'4111 25.64 L23 N6'74'29E 12233 LIO SW I' 1'00^N 20.04 L24 H59'25'31jN 17.44 t VV7 3 G s NGII'M'Wh 189M L25 Npi3'S5t 516,55 W Lt y N L12 S84'04'03"N 27.54 e 1_E3 HP52'21 E 16.90 C 0 3. 04 N75'5117.E 40.41 C iv O = a Q `o CURVE TABLE ENSE 4rcm7WD GURVE RADIUS LENGTH DELTA SHOR ORG [MM11 nwrn: nau CY ►SW 30.59' 3tr98'33' HMS21131E 30.00' SHEET_ CIL 1L0.00' W-73' 31'36'09" S73'S7'27t 81.W d OF 2 CS 500,00' 275.78' 31'38'09' H1C22'S3'E 272.37 ENGINEFAS SuxYP'Pas.rilW":� 933f wLy1�F05*IREi iE1�O A 31k4 �ifwl ww „fAi i]OLi 6l}f�A Page 3$ Page 352 Item#14. km E N G I N E E R I N G April 7,2020 Project No.18-140 Exhibit A Legal Description for Rezone to R-15 Prescott Ridge Subdivision A parcel of land situated in a portion cf Northwest 1/4 and a portion of the West 1/2 of the Northeast 114 of Section 28.Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner said Section 29, which bears N89°27'17"W a distance of 2,6C9.40 feet from an aluminum cap marking the North 1/4 corner of said Section 28, thence following the northerly line of the Northwest 1/4 of said Section 28, S89'27'17"E a distance of 2,078.14 feet to a point; Thence leaving said northerly line,SCO'43'55"W a distance of 983.71 feet to the POINT Of BEGINNING. Thence S89°25'31"E a distance of 546.59 feet to a point, Thence N00"34'29"E a distance of 275,11 feet to a point; Thence 589'24'23"E a distance of 496.59 feet to a point; Thence 500"36'19"W a distance of 294.85 feet to a point; Thence N89°25'31"W a distance of 496.43 feet to a point; Thence S00'34'29"W a distance of 233.13 feet to a point; Thence 27S.78 feet along the arc of a circular curve to the right,said curve having a radius of 500.00 feet, a delta angle of 31°36'09",a chard bearing of S16'22'33"W and a chord distance of 272.30 feet to a point; Thence N57'49'22"W a distance of 138.82 feet to a point; Thence 82.73 feet along the arc of a circular curve to the left,said curve having a radius of 150.40feet,a delta angle of 31'36'Q9",a chord bearing of N73°37'27"W and a chard distance of 81.69 feet to a point, Thence N89'25'3VV a distance of 275.60 feet to a point,- Thence N00'34'29"E a distance of 420.05 feet to the POINT OF BEGINNING. Said parcel contains a total of 8.822 acres,more or less. Attached hereto is Exhibit B and by this reference is hereby made a part of. T 12459 Q a fi OF L. BAy1'�` 9233 West State Street • Poise,Idaho 83714 ■ 208.639,6939 0 kmrngllp.com Page 39 Page 353 Item#14. 1 rl Q1 ALUMINUM CAP N 1/4 CORNER ql BASIS OF DEARNG SECTION 28 m 20 21 'SW27'17��2509.4.0 W.[hinden 91ad(HOLY�0176} a C� 29 28 2078.14' — f — — — Lr7 � a a a POINT OF COMMENCEMENT I > m m ALUMINUM CAP 0 C NW CORNER — SECTION 26 F f (1) �- a V) 5B9 24'23"E 496,59' — a) ^ I �I cc Uq ° o ' [Y] io 0 I POINT OF BEG: NNINC { S89'25'41"E 546.59' I y m r m ff Rezone Area: 8.82±AC. N89.25'31"W 496.43' Q R6991222210(Portion)& N .2 o nL 950(Portion) n ° Zoning:RUT a Zoning:R-1SOAif: APRIL 70.'MPA61EC1' 18.1d0SHEET:I1OF1 1 275,60' C2 CURVE TABLE N57'49'22'W 0 100 200 400 CURVE RADIUS LENGTH DELTA CHORD ORG CHORD 138.82 CS 500.00' 275.78' 31'36'09" 51622'WW 272.30' I SCALE: 1"=200' EHGINEEFS.SIJAVETOfl9.PLANNERS 9239 WEST$TATE STREET C2 150.00' 92.734 31'36'09' N73'37'27W 81.69' DOSE,IDAHO M14 PHOK Ime}fi39.69;9 FAX{208I6344910 Page 40 Page 354 Item#14. C. Preliminary Plat(date: 8/28/ 020 1W21n0 1 1/20/2-0 12/22/20).Phasing Plan & Lot 1 ,,you!fi hibi, REVISED PRESCOTT PRELIMINARY PLAT SHOWING -- --- - I� — A PARCEL Of LAND SITVATEO IN A PORTION OF THE NORTHEAST 1 I OF THE NOR THWE T 11A OF SECT ION 29.TOWNSHIP 4hOFITH, r"I _� --�1]�� RANG E1WE51,8019 M ERIO�MI,AOAWl1N'fY,IDAIIO __A----'�--- " 1 ..� _e�-�Zf — r..� aanjrrauo oT - 7 q I 2 I 4• •.4 p 0 B �d a 2 q q M q I 'D B V ®�. � 0 D f��0 0 p�O 0 RHUM IIODGE SIIBONI i �. a N rm`®D w e - 8 F�� e D e m ®� a I MExroulll,ioA�lp - o Q a •Dee ■ r ii e o ; � ®+m m u m a D i I r _ - km e - - :•�:• Page 41 Page 355 Item#14. WSJ ; f's ` fll 71 1 Id�! 5' T aimr J ,1— 1 ..Y PM Qn F 4E UMN I, r W.luoA,µ�bRNo ergo g' MFTOi I,R�-SEE SHEET PP2.2 1 1 a•'� ti I '. 1 � ♦ r 9 1 �I,—_ems 9 Al f _ ♦\ �� _ ._� � _� � �_ •r� Any;. E- f , r �• .- . . _ `- .,, � �.. __:'_ � t •'.-I � . -? - J-Jam..-_e -x--'.w,.,,�Y r ,.- • r G r =: -��.75'.1",a _ •{''r RriWi1 MCGF SUB0N15 y, 1:, 3 T Fi 9 c R + •A _. a L 5 Ej1 { s la y e .: $ r .i, MER,21AM.0 H0 1 3 y N117 IA___i� _i_�S'_�_i�_G-Jl fit LMOUT PLAN PP21 Page 42 Page 356 Item#14. ,-, - --rr----- -- - --rrr r-rrrtrr.-_Ir ltjLIN�-.5EE SHEET PP2.w�� rt® ra a1 :. -1 FE{E I'!C I!$�. rr':- ..•.i ...r t' I b 0 91` it I• .. �-�r �i�j Y I ! i. Tom'•i•�-•-. ,n � -• ~+.. I e j,_..,, � 7�R r N 1. I i w 3�:' a � � q MATCH IINE•SEE SH CET PP2.1 �\, :--3_`- kM':7 s A F' f, -__-_- o- , FII LAYOUT FLAN ♦♦ . .-_� � Y.':lf . s 'y 6 _ - _____; 4 _ fl n ♦.. _ T lw�.° 71 � ff a dry 21♦1 --.. - � -ir- � �. en[SGDrr AWGEw171rv5i Y PP7 7 1 1 xl Ir 71 1 W E 1 w � 1 4 � rl 1 MATCH LINE•5EE SHEET PPI.4 -------------- 1- •� -_ 1 1 I is = A �• �1 W 3 . � _ __ 0 1•a� FESCOf11176FS ----j- ----------- - MATCH LINE,SEE SHEET PPi.! E-��w-w---r��-,.--------ww-1 T Page 43 Page 357 Item#14. ---- -------------------- -------------- - --------------- i6 ---------- �i 1 1 1 r r i r I r 1 i � I �i �+ I �i i r 1 r r r I r r ' I r r 1 I 1 r 1 1 r 1 / I I I I _ _ 1 t r Page 44 Page 358 Item#14. I'hIRSE aIJLQTS L LpT5 � I 69 2 iA sr � IHASE 1 m SQ 7 G _ r ..' _ F LCTS ALE 37'J o y L4 a rHA-•E p s 'I' PIN - w } km ,.. 1 I N G k N II6ING _ H .E ? 1OF1j �L[�jIJ r�a�scale�•-aua Page 45 Page 359 Item#14. D. Landscape Plan{date.- 8Q6QA20 '019Q020 1 i A nQn 12/22/20 —REVISED '•_T"L.•S.L^.,7, �:^�..,^"`S.'-14 o}lM1 S>'RLL lOf MGS 1 a7i f---?msrsas �• 7 a " %04 'TUTALOkW WALE NEES b STAiECL TtEE I1EIlE V351E1 . �`-� �I- r- a,� _q nLiww►+Tou[uuT�oEe - •- Mn4WTON PFNmfJEN.s +�_—u RESCOR NIA!Rkis SI krn LANDSCAPE SITE PLAN '� -M --_-- PPLtA Page 46 Page 360 Item#14. 4if Y •�- _ _��a-a�a�-ter f i • - ,� it 1 ,s_. ��'"�` L r r � 1 --------- ----- Ion Page 47 — Page 361 Item#14. tle -i � �f�:--- I ��•/•�, � gyp, � t�l..�L/ � � - I a ELM 1 �---------------- -...�..��-------.----r�� �� _ �.. wt.n ----------------- Al Page 48 Page 362 Item#14. .ww asir. - 77.:7' 9r Page 49 Page 363 E. Qualified Open Space Exhibit& Site Amenities (dated: 8/26/20 1❑ 9/20 ❑ 12/22/20)—REVISE❑ PRESCOTT RIDGE SUBDIVISION orsx m+ �raaes OPEN SPACE EXHIBIT a�;wYas, ; — -- 'I { � e I - �n - io • a xc ... •^ I sou . 4 ^� �'_- *+s• �', n' -ply•1 . �.�:-$- _�.. F T •�.'r y PPESCOTI R10GE 511lpYRS10N v MfAlM IOAISO .nr N.m oul ujW KI-T krn JLI OPEN SPACE F] sUr -•• S'ar.�, — -- 9_�_�T Page 50 ►uNENmFs T r A-POOL AND CLUBHOUSE 15605E 9UILDING T S*X3D'POOL 17 PARNING SPACES ' 6_LA*GE TDI wr C-SMADOG RK LOT n g E o-WG PARKIPOCKE7 PARK PRE SCI.JTT .i .w' E-OPEN SPACE t, a= F-MEW RIDGE G-PROPERTYMANAGEWINT + NLnouv-rotib �, E- q � '- OFFICE.ENCLOSED BIKE STORAGE CENTRAL G MAILBOX CLUSTER.AND OAECfORYMAP I F Yl y µ d E h -- - _�— i A SCHEMATIC CLUBHOUSE B LARGE TOTLdT { 06 G „ C SMALL TOT LOT �ZDOG PAR KLP_OCKET PARK Page 51 ltem#7. F. Parking Plan (dated:41912 10/21/2020)—REVISED I v ( } '20 K 14 F'AFtK I NCs E KN18i r ec.m i.an aenwc Page 52 G. Conceptual Building Elevations/Perspectives -REVISE❑ SINGLE FAMILY HOMES u 'S■�� PRESCOTT RIDGE - - TOWNHOMES FOUR-PLED(FLATS a B 715 kip �6- m C Page 53 Three-story Hospital Watercolor Rendering MERIDIAN HOSPITAL TEST FIT H C A;� In.1%2' Healthcare Page 54 H. Parcel Status Exhibit IandproDATA Parcel Status Exhibit R6991222101 -Wheaton Legal parcel as a platted lot SO428211102-Roark within Peregrine Heights Legal parcel per e-mail Subdivision and e-mail from from Brent Danielson Brent Danielson dated l 6.26.19. dated$.28.19, W 20 w Cbinden Blvd SO428120640-Providence Illegal parcel,but will become AC right-of-way per Christy Little e-mail dated 11.6.19. R6991222210-Roark - Legal parcel as a platted SO428131200-School [at within Peregrine Illegal parcel,but included Heights Subdivision. with this application to SO428233640- Hon rectify illegal status. Legal parcel per e-mail from Brent Danielson dated 9.5.19. - ❑ col SO428120950& 50428131315- Kuenzli House parcel is legal. Remainder is illegal, but will be rectified s7 50428233620-Thomson by this application.�`oA Legal parcel per a-mail from Brent Danielson dated 9.5.19. 43°39'13.74"N 115°27'15.48"W A'np 9lti 82G t i Aug 26r 2019-IandproVATA.com The materials avallahle at this we Mite are for informational Scale!1 inch approx 600 feet purposes only and do not constitute a legal document. Page 55 IX. CITYIAGENCY COMMENTS & CONDITIONS A. PLANNING Dtv15ION FeVlSed an d su bmitted to the City Cl erk at least 10 days prior to th e City Connell hearin g to developments-The eeneeptual development pinn for the eammer-eial,C G zoned portion of the site,shall be , the mked use guidelines in the Campr-ehensive Plan (pg.� 13). not limited to pmr-ks,plazasi outdoor-gathering areas, open spnee,libraries, and sehgols aimexwfioip area does no!safkfi;this",mhwmefft as it is nos part of the4K.ved U-se desknom tea: • Development of the Afixed Use designated oren shall be eenter-ed fir-ound spHees that are well designed pubile and qHasi public centers of activity.Spaces should he activated and HeBFPHr-IIW per-faunent design elements and amenities that faster HAride vafietj 0 nterests r-iinging from 16sur-e to play.These nreas should be the ughtfulb,integrated onto the development and further placemnicing opportunities considered. development shall he shifted to the north to front on the main ent", drive aisle off N R"stie Oak Way as a better-transition tO the Fesidenees to the seuth. • A commereWl land use t�,pe shall be included on the plan in !he MU R designated area I, A Development Agreement(DA) is required as a provision of annexation of this property. At the Applicant's request,three(3)separate DA's shall be required for each component of the project—one for the R-8 and R-15 zoned residential portions of the development, one for the medical campus and another for the school district's parcel. Prior to approval of the annexation ordinance, Development Agreements shall be entered into between the City of Meridian,the property owner(s)at the tirne of annexation ordinance adoption, and the developer(s). CUITently, a fee of$303.00 shall be paid by the Applicants to the Planning Division for each DA prior to commencement of the DA's. The DA's shall be signed by the property owner(s)and returned to the Planning Division within six(6)months of the City Council granting the annexation.The DA's shall,at minimum, incorporate the following provisions: a. R-8 and R-15 zoned portions of the development: 1. Future development of the R-8 and R-15 zoned portions of the site shall be generally consistent with the master plan,preliminary plat,phasing plan, landscape plan, qualified open space& site amenity exhibit, and conceptual building elevations included in Section V1I1 and the provisions contained herein. - Page 56 2. Administrative design review shall be required for all single-family attached, townhorne and multi-family structures. Compliance with the design standards for such listed in the Architectural Standards Manual is required. 3. The rear and/or side of strictures on Lots 2-6, Block 4; Lots 2-7, Block 1; Lots 8 and 9- 15, Block 9; Lot 16, Block 7; Lot 2, Block 12; Lots 2-14, Block 10; Lots 2-16 and 29, Block 14; Lot 68, 70, 81-83, and 77-79, Block 12; and Lots"Z�,T✓42,45 and-74 C7, Block 8 that face collector streets (i.e.N. McDermott Rd.,N. Rustic Oak Way and W. Ramblin St.), shall incorporate articulation through changes in two or more of the following: modulation(e.g. projections, recesses,step-backs,pop-outs), bays, banding, porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. SIfigle-stoi-v structures a?-&exempt f om this requireniew. 4. A conditional use permit shall be obtained for a multi-family development in the R-15 zoning district as set forth in UDC Table I 1-2A-2. The use is subject to the specific use standards listed in UDC l 1-4-3-27: Multi-Family Development. 5. One management company shall handle the leasing and maintenance of the entire multi- family development to ensure better overall consistent management of the development. 6. An electronic gate that is approved by the Fire Department shall be provided for access to Serenity Ln. from the south, 7. Noise_abatement for the future SH-16 extension shall be provided in the form of berm_ or a berm and wall combination parallel to N. McDermott Rd. constructed in accord with the standards listed in UDC 1]-3H-4D. b. Medical campus/hospital: I. Future development of this site shall be generally consistent with the master plan, preliminary plat,phasing plan,landscape plan and conceptual building elevation included in Section VIII and the provisions contained herein. 2. Future development shall comply with the design standards listed in UDC I I-3A-19 and in the Architectural Standards Manual. 3. Noise abatement shall be provided in the form of a berm or a bean and wall combination parallel to W. Chinden Blvd.ISH 2O-26 constructed in accord with the standards listed in UDC 1]-3 H-4D. 4. A minimum 30-foot wide buffer with an 8-foot tall CMU wall shall be provided along the western and southern boundaries of the site adjacent to residential uses as proposed on the landscape plan in Section VIII.D. Dense landscaping consisting of a mix of evergreen and deciduous trees, shrubs, lawn or other vegetative ground cover that results in a barrier-that allows trees to touch at maturity is required per the standards listed in UDC 11-3B-9C.The block wall shall be decorative and have texture and a color complimentary to adjacent residential structures—plain CMU block is not allowed. 5. A frontage road parallel to W. Chinden Blvd./SH 2O-26 shall be constructed as depicted on the conceptual development plan in Section VIII.A in accord with UDC 11-3H- 4B.3e. 6. The hospital building shall be restricted to 3-stories in height as_proposed- Page 57 7. The entire first floor of the medical office building shall consist of retail and restaurant uses as proposed to provide a mix of uses as desired in the Mixed-Use designated area in accord with the Comprehensive Plan. 8. The final design of the site shall be consistent with the general Mixed Use and Mixed Use- Regional guidelines in the Comprehensive Plan see pgs. 3-13 thru 3-I5 and 3-18 thru 3-19). 9. The buffer along the west boundary of the site shall incorporate a 2-foot tall berm with an 8-foot tall wall on top of the berm to assist in blocking the noise from the commercial development ifapproved by the Peregrine Heights Homeowner's Association{HOA). if not approved by the HOA,the landscaping and wall shall be installed as depicted on the conceptual development plan. 10, City Council deemed access for the e�enev room via Rustic Oak;a collector street. meets_thee inWit_of tte xeequimm nt its 3]PC_Li_4-_-22A__f r t�l .pry g emergency+care to have direct access on an arterial street. 11. The hospital-shall not 12ursue being designated as_a trauma center per direction of Cit Council. --- Ptery detw eemTaHew o .f Me hatqifal tos . C. School Site: 1. The subject property shall develop with an education institution; any other uses shall require modification of this agreement. 2. A conditional use pen-nit shall be obtained for an education institution in the R-8 zoning district as set forth in UDC Table 1 1-2A-2. The use is subject to the specific use standards listed in UDC 1 1-4-3-14: Education Institution. 3. Future development shall comply with the design standards listed in UDC 11-3A•-19 and in the Architectural Standards Manual is required. The final plat(s)submitted for this development shall incorporate the following changes: a. Include a note that prohibits direct lot access via W. Chinden B1vd.ISH 2O-26 unless otherwise approved by the City and the Idaho Transportation Department_ c. Depict cross-accesslingress-a&,ress easements to adjacent MU-R designated properties to the west(Parcels#R6991221700& R6991221600)and east(Parcel#R6991222101) in accord with UDC I 1-3A-3A.2. 97 Page 58 e. Depict the easement(s) for the West Tap sub-lateral, if the easement(s) is greater than 10- feet in width, it should be placed in a common lot that is a minimum of 20-Feet in width and outside of a fenced area, unless modified by City Council as set forth in UDC l 1-3A-GE. designP Re stivets (alleys and/or eommon driveways may be ineefporated)t or, if private sir-eets are w4h iownhome siyle uniis might be a deN-elopinent option for this armea. A revised concept plan shall he piresented p4or to or at the Commission hearing far review and a r-e,, plat r-efleefing this ehange shall be subwAtted at least 10 dfivs prior to the 0ty counea hearing. if private streets are propesed with a townheme develapment, a mew eir gi pro vate streets shou Id be PFavided in aeeord with UDC 11 3 F 1.Also,pr-ovide updated density ealeulations; g. Lots 70-83, Block 12 in the multi-family portion of the development shall be revised to depict parking and access driveways on a common lot with an ingress-egress/parking casement for each buildable lot. A revised plot shall be s0mitted jat least to days p to the City Couneil hearing depietiHg this .Done h. Extend W. Smokejumper St. as a stub street to the out-parcel (Parcel#S0428233620) at the southwest corner of the site. 3. The landscape plan submitted with the final plat application shall be revised as follows: a. Depict a detail/cross-section of the benn or berm and wall combination required as noise abatement within the street buffer along W. Chinden Blvd.ISH 2O-26 and N. McDermott Rd.; also address how the wall will be constructed to avoid a monotonous wall, that demonstrates compliance with the standards listed in UDC 11-3H4D. c. Depict a detached sidewalk/pathway(as applicable)along all collector streets (Le. N. McDermott Rd„N. Rustic Oak Way and W. Ramblin St.)and W. Chinden B1vd.ISH 2O-26 in accord with UDC 11-3A-17. A detached 10 foot wide inulti-arse pathway is required within the.street buffers along N. McDermott Rd., W. Chinden Bh d.15H 20-26. the east side oj'N. Rustic Oak K'a7,and W. Rainblin St. d. Landscaping shall be depicted on either side of all pathways as set forth in UDC 11-3B- 12C. e. If existing trees are proposed to be removed.from the site,the Applicant shall coordinate with Matt Perkins,the City Arborist,to determine mitigation requirements per the standards listed in UDC 11-3B-10C.5. Mitigation information shall be included on the plan. If existing trees are proposed to be retained on site,they shall be depicted on the plan. f. A calculations table shall be included on the plan that demonstrates compliance with the landscape standards listed in UDC 1 1-3G-3E(common open space), 1 I-3B-1.2C (pathways), 11-3A-17(parkways)and 1 I-3B-7C(street buffers); calculations should include the linear feet of pathways,parkways and street buffers and square footage of common open space as applicable, along with the required vs. provided number of trees. g. Revise the fencing type around the perimeter of Lot 1, Block 2 and Lot 37, Block 12 to comply with the standards listed in UDC 11-3A-7A.7 to provide more visibility of the common areas in accord with OPTED design strategies. h. Include a detail of the amenities proposed with each phase of development. Page 59 i. The CMU wall proposed along the south and west boundaries of the commercial portion of the development shall have texture and a color complimentary to adjacent residential structures—plain CMU block is not allowed; revise the detail (i.e. reference photo) accordingly. j. Depie! lot numbers and landseaping for common areas in the iawWiome portion of the k. If a dog park is proposed on Lot 1, BIock 2,demonstrate compliance with the standards listed in UDC I].-3G-3C.lh. 1. Depict a small tot lot on Lot 12, Block 6 rather than a large tot lot, consistent with that shown on the site amenities plan. m. Modify the landscape plan consistent with changes required to the plat above under condition IX.A.2 above. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables I I-2A-6, 11-2A-7 and 11-2B-3 for the R-8, R-15 and C-G coning districts respectively. 5. Off-street parking is required to be provided for residential uses in accord with the standards listed in UDC Table 1 I-3C-6 and for commercial uses in accord with the standards Iisted in 1I- 3C-6B; bicycle parking is required in commercial districts as set forth in LTDC 11-3C-6G per the standards listed in UDC l I-3C-5C. ehanges noted above on eandition#,4.2fand that provides for-adequnie guest pfirldng4o serve this portion of the developmefW. 6. An exhibit shall be submitted with the final plat application(s)that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed via common driveways; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11-6C-3D. 7, Address signage shall be provided at the public street for homes accessed via common driveways for emergency wayfnding purposes. 8. Common driveways shall be constructed in accord with the standards listed in UDC I I-6C-3D. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 71ris injbi- ialion inuu he inchided in a mate on the ice c?f the plat rather-than in a Separate easement. plat in the townhome portion of the development in Block 8 are no!approved. Consequently, 10. All existing structures shall be removed from the site prior to signature on the final plat by the City Engineer for the phase in which they are located. 11. Pathways shall be constructed in accord with the standards Iisted in UDC 11-3A-8. 12. A 14-Foot wide public pedestrian easement shall be submitted to the Planning Division for the 10-foot wide multi-use pathways proposed within the site as required by the Park's Department, prior to signature on the final plat by the City Engineer for the phase in which they are located. Page 60 1.3. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of any building permit applications for the clubhouse and swimming pool facility,single-family attached,townhome, multi-fancily and commercial structures. All structures except for single-family detached structures are required to comply with the design standards listed in the Architectural Standards Manual. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1,1.1 This proposed development is not currently serviceable by the Meridian City water and sanitary sewer systems. Mainlines designed to service this development are within The Oaks North Subdivision to the south. Until utilities are available to the south boundary of the proposed development, the City of Meridian will not accept an application for final plat, 1.1.2 Sewer mainline/manholes are not allowed in common driveways or under sidewalks. Run service lutes down comm-non drive but make sure required separation can be met. 1.1.3 The planned sewer trunk line will enter this property at N. Rustic Oak Way. 1.1.4 The sewer line in N. Rustic Oak Way shall be 1 0-inch all the way to Chinden Blvd. l.1.5 The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in the amount of$265.25 per equivalent residential unit(ERU). The reimbursement fees for the entire residential potion of this subdivision shall be paid prior to city signatures on the first final plat. l,1.6 The applicant shall be required to pay the Oaks Lift Station Pump Upgrades Reimbursement Fees in the amount of$185.43 per equivalent residential unit(ERU). The reimbursement fees for the entire residential portion of this subdivision shall be paid prior to city signatures on the first final plat. L L7 As noted in the Geotechnical Evaluation Report prepared by GeoTek Inc.,all artificial fill materials on site must be removed. 1,l.8 New I2-inch water main will need to be installed in parts of W Sturgill Peak St,N Jumpspot Ave,W Parachute Dr,N Streamer Way, W Smokejumper St and N Rustic flak Way. 1.1.9 Construct water main in N Streamer Way between W.Parachute Drive and W. Fireline Drive. 1.1.10 Water connections to the north need to be facilitated either by extension of a mainline or and easement in common area Lot 19, Block 1,or off the end of the cul-de-sac to the property line. This is dependent on how road connections to the north are designed and developed in the future. 1.1.1 1 Remove the water main proposed in N Serenity Avenue. At the intersection of N Serenity Ave and W Tanker ❑r. Install a tee at the branch off point with an isolation valve directly attached to it and then cap off the outlet side of the valve.This allows the tap to be installed and pressure tested so if the existing County Subdivision wants to connect in the future they can easily do so. 1.1.12 Water& sewer need to flip locations in N Backfire Way. Currently these lines are not in the proper corridor. Water should be located on the east side of the road&sewer an the west.. Page 61 1.l.13 Eliminate stub/dead-end water main at each corner of the townhome section off of W Wildfire Dr of the development. Services are only allowed in these areas just Iike common drives. 1.I.14 A water connection to the east(near N Static Line Ave and/or townhome section off of N Rustic Oafs Way)needs to be enabled by either an extension of water mains to the property line or an easement. This is dependent on road connections to the east. 1.1.15 Water modeling was completed both as an entire development and at each phase per the phasing plan included in this record. This development was modeled with the 12" mains through the subdivision as required above,and the rest of the mains were modeled as 8". Per this plan there are no pressure issues,but each phase will need to be modeled at Final Plat to verify there aren't any pressure issues. 1.1.16 The geotechnical investigative report prepared by SITE Consulting, LLC indicates some very specific construction considerations. The applicant shall be responsible for the strict adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes. 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. 1.2 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 34-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. 7.5 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. Page 62 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 1 I-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any 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 S. Whitnev at(208)334-2190, 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-14 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 pen-nits. 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 l 1-5C-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 1 i-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. Page 63 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 perfonnance surety in the amount of 125%of the total construction cost for all incompiete 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 887-22.11. C. FIRE DEPARTMENT https:llweblinkmeridiancj&grg1WebLinklDoc View.aspx?id✓188367&dbid=0&1.gRo=MeridianCitL, D. POLICE DEPARTMENT https:llweblink.meridiancity.arglWebLink/Doc View.asp_r?id=188188&dbid=0&repo=MeridianCit7, E. PARK'S DEPARTMENT his:lliireblifik.tneridianeity.orglWebLinklDoelfie-w.aspx?id 191860&dbid=O&rWo=MeridianCity F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:11weblink.nzeridiancih%arg1We6LinklDoc View.aWx?id 18973&&,dbid=0&rWo=MeridianQb G. ADA COUNTY HIGHWAY DISTRICT(ACHD) Iattps:Ilweblirrk.meridiancitl.o?glWebLinklDncView,aspx?ick=192b46&dhid=0&repo=MeridianCiti, H. SETTLER'S IRRIGATION DISTRICT(SID) https:llwehlink meridiancity.orglWebLinklDocView.gspx?id1=188429&dbid=0&repo=MeridianCih� 1. CENTRAL DISTRICT HEALTH DEPARTMENT https:llweblink.meridiando,.orglWebLinklDoc View.a x?id=188183&dbid=0&repo=Meridian City J. WEST ADA SCHOOL DISTRICT(WASD) Page 64 https:llweblinkmeridiancity,orglWebLinklDoc View,aspx?id-188717&dbid O&Lcpo=Meridian City K. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:Ilweblink.meridiancity.oiglWebLinklDoc View,aspx?ir-188717&dbid=O&repo=Meridian City Page 65 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 snap amendment complies with the applicable provisions of the comprehensive plan: The City Council_finds the proposed--oning nzap amendment to R-8, R-15 and C-G zoning districts and proposed development is generally consistent with the MDR and MU-R FLUM designations in the Comprehensive Plan for this property ifthe.4pplicanl complies with the provisions it?Section IX 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the inix of lot sizes and housing types proposed in the residential portion ol'the development will provide for a range of'housing opportunities consistent with the purpose Statement of the residential districts and with the Comprehensive Plan. The City Council finds the proposed medical o.fires and hospital along with recommended retaillrestaurant uses will provide much needed services vices in the northern portion of'the City itr accord with the purpose statement gl'the commercial districts and with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety,and welfare; The City Council finds the proposed zoning nzap arnendrnent should not he detrimental to the public health, safety and welfrtre. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and The Commission finds the proposed zoning rnap amendment will not result in an adverse impact on the delivery of'services ht°any political subdivision providing public services within the City,,. Comments submilted by WASD indicate that existing enrollment numbers are below capacity in area schools that will serve this development. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest af'the Ciro if the properh is developed in accord with the provisions in Section IX B. Preliminary Plat Findings (UDC 11-68-6): In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-making body shall make the following findings: I. The plat is in conformance with the Comprehensive Plan: The City Council f nds that the proposed plat, with recommendations,is in substarntial compliance with the adopted Comprehensive Plait in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information.) Page 66 ?. Public services are available or can he made available and are adequate to accommodate the proposed development; The Qy Council finds that public services will be provided to the subject property with development. (See Exhibit B of the Siq f'Repart far more details fi-arn 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 anv other utilities will be provided by the development at their own cost, the Cite, Council finds that the subdivision will not require the expendilure of capilal improverrmeni funds, 4. There is public financial capability of supporting services for the proposed development; The CRY Council finds there is public financial capability ofsupporting services for-the proposed development based upon comments from the public service providers (i.e., Police. Fire, ACHD, etc). (See Section IX for more infor-rnation.) 5. The development will not be detrimental to the public health, safety or general welfare; and, The Cite Council is oat aware of arvy health, safety, or environmental problems associated with the platting of this property. rl CND considers road safgy issues in their analt.-sis. 6. The development preserves significant.natural, scenic or historic features. The Cio, Council is unaware of atky sign fzcant natural, scenic or historic features that exist on this site that require preserving. C. Private Street Findings(UDC 11-3F-5): [n 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 Direclorfirrds that the proposed design of the private streets:h9I--i teets the requirements in UDC I I-3F-4A 6 as eammon&r 4v a qE 'I1,.. l ef-,1_f M,,se Mat v a common mew is praposed through the site design Or-f-h w.y; ,e« 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 Director finds granting approval of the primate street with to a le; r._,..w de ki, ....,a �Y [[rr'opQSed ; Mows e xi.,.,f-ed doe 1,9 . .r.;ff-; - n should not cause damage, hazard. or nuisance,_or other detrionew to petsons.pigper-ty or uses in the vicinity. 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 of'lhe private street • o opat .:f..A-eetr... nfli . sir-eets does not conflict with the Comprehensive Plan or the regional transportation plan. Page 67 4. The proposed residential development(if applicable) is a mew or gated development. {Ord. 10- 1463, 1 1-3-2010, eff. 11-8-2010} The Directorfrnds the proposed residential development toeg fie; i►acorporales a mem, of, ek-welopm&o in the design. f l 1. StfTe!adherence or applicafion of the re r c its-are not feasible; 2. The ahernative compliance provides an equal or is foF meefing the requirements; ii Page 68 W IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Providence Properties, LLC (Owner/Developer) for Prescott Ridge - Hospital Portion (H-2020-0047), Located South of W. Chinden Blvd. and East of N. McDermott Rd. ADA COUNTY RECORDER Phil McGrane 2021-132724 BOISE IDAHO Pgs=82 HEATHER LUTHER 09/08/2021 03:01 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I City of Meridian 2 Providence Properties, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 7th day of-__,qeptemb�ex , 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 Providence Properties,LLC,whose address is 701 S.Allen Street,Suite 104, Meridian, ID 83642, hereinafter called OWNER/DEVELOPER. 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/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 128.21 acres of land to the R-8 (Medium Density Residential), R-15 (Medium High Residential) and C-G (General Retail and Service Commercial) zoning districts, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the DEVELOPMENT AGREEMENT—PRESCOTT RIDGE—HOSPITAL PORTION(H-2020-0047) PAGE 1 OF 8 City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS,on the l"day of June,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/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property know as the Hospital portion listed in Exhibit "A" is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on. December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNERIDEVELOPER: means and refers to Providence Properties,LLC, whose address is 701 South Allen Street, Suite 104, Meridian, ID 83642, hereinafter called OWNER and DEVELOPER, the party that owns and is developing said Property and shall include any subsequent owner(s) and developer (s) of the Property. DEVELOPMENT AGREEMENT-PRESCOTT RIDGE-HOSPITAL PORTION(H-2020-0047) PAGE 2 OF 8 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 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. Owners and/or Developer shall develop the Property in accordance with the following special conditions: 1. Future development of this site shall be generally consistent with the master plan, preliminary plat, phasing plan, landscape plan and conceptual building elevation included in Section VIII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit `B", and the provisions contained herein. 2. Future development shall comply with the design standards listed in UDC 1 1-3A-19 and in the Architectural Standards Manual. 3. Noise abatement shall be provided in the form of a berm or a berm and wall combination parallel to W. Chinden Blvd./SH 2O-26 constructed in accord with the standards listed in UDC 1 1-3H-4D. 4. A minimum 30-foot wide buffer with an 8-foot tall CMU wall shall be provided along the western and southern boundaries of the site adjacent to residential uses as proposed on the landscape plan in Section VIII.D. Dense landscaping consisting of a mix of evergreen and deciduous trees, shrubs, lawn or other vegetative ground cover that results in a barrier that allows trees to touch at maturity is required per the standards listed in UDC 1 1-313-9C. The block wall shall be decorative and have texture and a color complimentary to adjacent residential structures - plain CMU block is not allowed. 5. A frontage road parallel to W. Chinden Blvd./SH 2O-26 shall be constructed as depicted on the conceptual development plan in Section VIII.A of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B" in accord with UDC 1 1-3H-4B.3e. 6. The hospital building shall be restricted to 3-stories in height as proposed. 7. The entire first floor of the medical office building shall consist of retail and restaurant uses as proposed to provide a mix of uses as desired in the Mixed-Use designated area DEVELOPMENT AGREEMENT-PRESCOTT RIDGE-HOSPITAL PORTION(H-2020-0047) PAGE 3 OF 8 in accord with the Comprehensive Plan. 8. The final design of the site shall be consistent with the general Mixed Use and Mixed Use-Regional guidelines in the Comprehensive Plan(seepgs. 3-13 thru 3-15 and 3-18 thru 3-19). 9. The buffer along the west boundary of the site shall incorporate a 2-foot tall berm with an 8-foot tall wall on top of the berm to assist in blocking the noise from the commercial development if approved by the Peregrine Heights Homeowner's Association (HOA). If not approved by the HOA, the landscaping and wall shall be installed as depicted on the conceptual development plan. 10. City Council deemed access for the emergency room via Rustic Oak,a collector street, meets the intent of the requirement in UDC 1 1-4-3-22A for Hospitals providing emergency care to have direct access on an arterial street. 11. The hospital shall not pursue being designated as a trauma center per direction of City Council. 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 and/or 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, Owners 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/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/Developer, or by any successor or successors in title or by the assigns DEVELOPMENT AGREEMENT-PRESCOTT RIDGE-HOSPITAL PORTION(H-2020-0047) PAGE 4 OF 8 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. 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. 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 Owners 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/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United DEVELOPMENT AGREEMENT-PRESCOTT RIDGE-HOSPITAL PORTION(H-2020-0047) PAGE 5 OF 8 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: Providence Properties, LLC 701 S. Allen Street, Suite 104 Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the 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 shal l act reasonably in giving any consent,approv d, or taking any other action under this Agreement. DEVELOPMENT AGREEMENT-PRESCOTT RIDGE-HOSPITAL PORTION(H-2020-0047) PAGE 6 OF 8 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT-PRESCOTT RIDGE-HOSPITAL PORTION(H-2020-0047) PAGE 7 OF 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERIDEVELOPER: Providence Properties, ILLC Aka5.&�L By: M4rcryG'u 5'. Al?,k&47V Its: 41-w4z;24) CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 9-7-2021 Chris Johnson, City Clerk 9-7-2021 STATE OF IDAHO ) ss: County of Ada ) A On this �� day of LfS , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared .5. 12-yP4 b,f-h known or identified to me to be the I914 A' ,O rL?-tOL Jq b fA a l�- of Providence Properties, LLC and the person who signed above and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. tSfmL—y ) PENNY SMITH COMMISSION#23655 NOTARY PUBLIC Notary Pub for M:d4 6 STATE OF IDAHO Residing at: �rijo N COMMISSION EXPIRES 02/16/2025 My Commission Expires: P-!lt~10yJ STATE OF IDAHO ) :ss County of Ada ) On this7th day of August _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: Meridian,Idaho Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT—PRESCOTT RIDGE—HOSPITAL PORTION(H-2020-0047) PAGE 8 OF 8 km E N G I N E E R I N G June 23,2021 Project No.18-140 Prescott Ridge Subdivision Legal Description Hospital DA A parcel of land being a portion of unplatted lands situated in the Northeast 1/4 of the Northwest 1/4 of Section 28 and a portion of Lots 18 and 19, Block 1 of Peregrine Heights Subdivision (Book 68, Pages 7026-7027, records of Ada County, Idaho) which said Lots are situated in a portion of Northwest 1/4 of Section 28,Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner said Section 28, which bears N89°27'17"W a distance of 2,609.40 feet from an aluminum cap marking the North 1/4 corner of said Section 28, thence following the northerly line of the Northwest 1/4 of said Section 28, S89°27'17"E a distance of 1,484.66; Thence leaving said northerly line, S00°32'43"E a distance of 125.29 feet to a 5/8-inch rebar on the southerly right-of-way line of W. Chinden Blvd. (Hwy 20/26) and being the POINT OF BEGINNING. Thence following said southerly right-of-way line the following two (2)courses: 1. N89°12'47"E a distance of 12.47 feet to an aluminum cap; 2. S89°27'17"E a distance of 1,111.87 feet to an aluminum capon the easterly line of said Northwest 1/4 of Section 28, Thence leaving said southerly right-of-way line and following said easterly line, S00°43'55"W a distance of 858.99 feet; Thence leaving said easterly line, N89°25'31"W a distance of 808.01 feet to the westerly boundary of said Lot 18, Block 1; Thence following said westerly boundary the following four(4) courses: 1. Thence N00°32'13"E a distance of 837.62 feet to a 1/2-inch rebar; 2. Thence S69°18'13"W a distance of 270.56 feet to a 1/2-inch rebar; 3. Thence N31°55'35"W a distance of 81.73 feet to a point; 4. Thence 53.14 feet along the arc of a circular curve to the right,said curve having a radius of 115.00 feet, a delta angle of 26°28'39", a chord bearing of N18°41'13"W and a chord distance of 52.67 feet to the POINT OF BEGINNING. Said parcel contains a total of 16.46 acres, more or less. a a12459, OF �yA4O • 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmenglip.com 1111.87 i x s89°2T17"e �1 a° 3 N M vl O, M � O O C � n89°25'31"w 808.01 Title: Hospital DA Date: 06-22-2021 Scale: 1 inch = 150 feet File: Tract 1: 16.461 Acres: 717049 Sq Feet:Closure=n82.5101 e 0.00 Feet: Precision>1/999999: Perimeter=4034 Feet 001=n89.1247e 12.47 004=n89.2531w 808.01 007=n31.5535w 81.73 On:Rt,R=I lS., Delta=26.2839 002=s89.2717e 1111.87 005=n00.3213e 837.62 Bng=n18.4113wChd=52.67 003=s00.4355w 858.99 006=s69.1813w 270.56 CEXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN:-� AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 128.21 Acres of Land with R-8(99.53 Acres), R-15(8.82 Acres)and C-G(19.85 Acres) Zoning; and Preliminary Plat Consisting of371 Buildable Lots 1102 Single-Family Attached,215 Single-Family Detached,38 Townhome, 14 Multi- Family, One(1) Commercial and One(1) School],42 Common Lots and Six(6)Other(Shared Driveway) Lots on 124.81 Acres of Land in the R-8, R-15 and C-G Zoning Districts for Prescott Ridge Subdivision,by Providence Properties, LLC. Case No(s). H-2020-0047 For the City Council Hearing Dates o€: February 23,April 13,and May 18, 2021 (Findings on June 1, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 18,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 18,2021,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of May .l 8,2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 18.2021.. 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 I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code§ 1 I-5A. 4. Due consideration has been given to the comments)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR PRESCOTT RIDGE—AZ,PP,PS H-2020-0047 - I - Page 139 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 May 18, 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 and Preliminary Plat is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of May 18,2021, 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 11-613-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved,said development agreement shall be signed by the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR PRESCOTT RIDGE-AZ,PP,PS H-2020-0047 2 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 May 18,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND❑ECISION&ORDER FOR PRESCOTT RIDGE-AZ,PP,PS H-2020-0047 3 Item#7. By action of the City Council at its regular meeting held on the 1st day of June 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 6-1-2021 Attest: Chris Johnson 6-1-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 6-1-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR PRESCOTT RIDGE—AZ,PP,PS H-2020-0047 -4- Page 142 EXHIBIT A STAFF REPORT � E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING May ]8,2a21 legend DATE: Continued roan: February 23 and — '- April 13, 20211 TO: Mayor& City Council d FROM: Sonya Allen, Associate Planner , �f r '209-884-553 3 iii ■ SUBJECT: H-2020-0047 `--- Prescott Ridge--AZ,PP,.PS,AL'F ----- — - LOCATION: South of W. Chinden Blvd. and east ofN. McDermott Rd., in the North %of Section 28,Township 4N., Range IW, - (Parcels: SO428233640, R6991222210, ~-- - S0428120950, SO428131315, -- SO428131200, SO428211102) NOTE: At the December P hearing, the Council moved to remand the project back to the Commission for the out parcel at the northeast corner of the site adjacent to the commercial development to be included in the annexation area and development playa for the site. Since that time, the Applicant has acquired the out parcel and submitted updated plans that include the parcel in the development area. The staff report has been updated accordingly. The Commission heard this project on January 21"and recommended approval of the updated plans and annexation boundary. 1. PROJECT DESCRIPTION Annexation of a total of 426.53 128.21 acres of land with R-8(99.53 acres), R-15 (8.82 acres)and C-G (18.17 19.85 acres)zoning districts; and, Preliminary Plat consisting of 39-5 377 371 buildable lots [34-6 323 single-family residential(A94 102 attached &222 2151detached),63-38 townhome, 14 multi-family residential, 1 commercial and 1 school],32 39 42 common lots and 6 other(shared driveway) lots on 12 424—.53 124.81acres of land in the proposed R-8, R-15 and C-G zoning districts. Private streets are proposed within the townhome portion of the development for internal access and circulation. Alternative Compliance to UDC 11 3F 4A.4,w1iieh requires a limited gated development w4ieii tawnheFnes are prop , is also Feqtiested.Alternative Compliance is no longer required based on the revised plan tivhich includes a mew. Pagel II. SUMMARY OF REPORT A. Project Swnmary Description Details Pape_ Acreage 122. 124.07 Existing/Proposed Zoning Rural Urban Transition(RUT)in Ada County(existing)IR-8,R-15 and C-G(proposed) Future Land Use Designation Medium Density Residential(MDR)(3-8 units/acre)(l 13.5+1-acres) MrN with Mixed Use-Regional (MU-R)(9 1 U.27+1-acres)along W. Chinden Blvd. Existing Land Use(s) Rural residential/agricultural with 1 existing single-family home Proposed Land Use(s) Residential(single-family attached/detached,townhomes&multi- �1 family)&commercial(medical campus with a hospital and medical offices and retail/restaurant uses) Lots(#and type;bldg.lcommon) 3 95 3 77 371 buildable lots(316 3 23 317single-family residential,63 38 townhome, 14 multi-family, 1 commercial and l school)13249 42common lots/6 other(common driveway) lots Phasing Plan(#of phases) 9 phases Number of Residential Units(type 316 373 3 l 7 single-family(94 102 attached/M 215 detached).(f-38) of units) townhome and(56)multi-family units Density(gross&net) Overall- -464 2.96 units/acre(gross];7-..€7.68 units/acre(net) R-8 area:4.-g-7-3.07 unitslacrc(gross);7-49 7.07 units/acre(net) R-15 area: 12.87 77.57 units/acre(gross);21.39 13.8 units/acre(net) Open Space(acres,total 11, 6 1141 12.43 acres(or X 1 $ 15.41%) [%]Ibufferlqualifted) (44-M 8.04 acres required based on „'G 50.42 acres ofresidential area} Amenities Swimming pool. clubhouse,large and small children's play structures, a dog park,multi-use pathways and additional qualified open space beyond the minimum standards Physical Features(waterways, Two(2)segments of the West Tap Sublateral crass this site hazards, flood plain, hillside) Neighborhood meeting date;#of 12/18/19- 11 attendees;and 411120- 13 attendees; 12/16/20 7 attendees: attendees History(previous approvals) A portion of the site is Lot 18,Block 1.Peregrine Heights Subdivision (formerly deed restricted agricultural lot for open space-non-farm that has since expired). B. Community Metrics Description Details Pay e Ada County Highway District • Staff report(yes/no) Ner-yet-Yes ■ Requires ACH❑ No Commission Action (yes/no) _ Access A collector street access(W.Rustic Oak Way)is proposed via W.Chinden (Arterial/Collectors/State Blvd,/5H 2O-26 at the half mile which runs through the site and connects to HwylLocal)(Existing and a future collector street(N,Rustic Way) in the Oaks North development Proposed) from McMillan Rd. An access is proposed via N.McDermott Rd.,a collector street. Traffic Level of Service McDermott Rd.-Better than"D"(acceptable level of service) W. Rustic Oak Way/Levi Ln.-Better than"D"(acceptable level of service) Page 2 — item#7. Description Details Pag e Stub Two local stub streets are planned to be constructed with the Oaks North Street/Interconnectivity/Cron development at the southern boundary of the site and extended with this s Access development.Two stub streets(N. Serenity Ave.&W.Fireline Ct.)are proposed to the north for future extension. A cross-access easement is required to be provided to the MU-R designated property to the west. Existing Road Network No public streets exist within the site; N. Levi Ln.,a private lane,exists on the northern portion of the site via W.Chinden Blvd.ISH 2O-26. Existing Arterial Sidewalks.' There are no existing butters or sidewalks along N. McDermott Rd.or W. Buffers Chinden Blvd./SH 20 26 Proposed Road Improvements Capilei Improvements Plan(CIA))Integrated Five Year Work Plan(IFYWP)_ • Black Cat Road is listed in the CIP to be widened to 3-lanes From Chinden Boulevard to McMillan Road between 2026 and 2030. • The intersection of Black Cat Road and Chinden Boulevard is listed in the CIP to be widened to 5-lanes on the north leg.5-Vanes on the south ieg.6-lanes on the east leg and 6-lanes on the south leg between 2026 and 2030. • The intersection of McMillan Road and Biaak Cat Road is listed in the CIP to reconstructed as a multi-Tana roundabout w{th 2 lanes on the northbound and southbound legs and 1 lane an the westbound and eastbound legs. • The Intersection of McMillan Road and McDermott Road is listed in the CIP to be widened to 3-lanes on the north leg.4-laes on the south leg,3-lanes an the east leg and 3-lanes on the west leg between 2031 and 2035. Fire Service • Distance to Fire Station 3 miles from Station#5 to Serenity Ln.on Chinden&4.4 miles to the McDerrnolt side of the project(Station#7 once constructed,will serve this development) • Fire Response Time Some of this development falls within the 5 minute response tilne area as shown on the priority growth map;the McDermott side is 8 minutes away and does not meet response time goals • Resource Reliability 80°/a from Station#5-meets response time goal • Risk Identification 2- current resourecs would riot be adequate to supply service(open waterwayy • Accessibility Project meets all required access,road widths and turnarounds as long as phasing plan is followed. • Special/resource needs Project will require an aerial device for the multi-family development- cannot mesa this need in the required timefralne. Eagle Station#1 is the closest truck company at approximately 8.4 miles away. • Water Supply Requires 1,000 gallons per minute for one hour for the single-family homes; the multi-fancily areas will require additional water(may be less if buildings are fully sprinklered) • Other Resources NA Police Service No comments submitted • Distance to Police 9 miles Station • Police Response Time No emergency response data can be provided because this development is near the edge of City limits • Calls for Service 56(within a mile of site between 411119-3131120) • Accessibility No concerns • Specialty/resource tice�js None ■ Crimes 5(within a mile of site between 4/1119-3/31/20) • Crashes 4(within a mile of site between 4/l/19-3/31/20) • Other Although located near the edge of City limits,service can be provided if this development is approved. — - Page 3 - — West Ada School District Enrollment cauadty • Distance(elem. ms,hs) Pleasant View Elementary 650 2.4 sch-i v.T, star Middle School 704 Iwo 6.9 Merldian High School 1965 2400 6.1 Due to the abundant amount of growth m the area,West Ada is actively building new schools,and boundaries are always [hanging.These Ftrture students could potentialiyattend Owyhee High 50091. • Capacity of Schools • #of Students Enrolled Wastewater • Distance to Sewer This proposed development is not currently serviceable by Meridian Services Sanitary Sewer service, The sewer trunk line designed to set-vice this development is within The Oaks North Subdivision to the south. ■ Sewer Shed North McDermott Trunk Shed ■ Estimated Project Sewer See application ERU s • W RRF Reclining 13.92 Balance ■ Project Consistent with Yes WW Master Plan/Facility Plan • ilripacts/Concerns ■Additional 4,662 gpd has been committed •Sewer mains are not allowed in common driveways.Please remove. •The planned sewer trunk line will enter this property at N. Rustic Oak Way •Sewer line in N.Rustic Oak Way shall be l 0-inch all the way to Chinden Blvd •This development is subject to paying sanitary sewer reimbursement fees (see Public Works Site Specific Conditions of Approval for detail). Reimbursement fees for the entire subdivision shall be paid prior to city signatures on the first final plat. Water • Distance to Water This proposed development is not currently serviceable by the Meridian Services City water system. Water mainlines designed to service this development are within The Oaks North Subdivision to the south. ■ Pressure Zone 1 • Estimated Project Water See application ERU's • Water Quality Nonc • Project Consistent with Yes Water Master Plan • lm acts/Concerns None - Page 4 - Page 401 C. Project Area Maps Future Land Use Map Aerial Map Legend �w D.erfs- Legend Residential Pro,eci Locafor+ - Proeci Loco-bon _ MU - v y ntia 1 � — —� -- Toning Map Planned Development Map Legend Legend Prayeci Locofon O_ f Pro�eCf Locoion _-- - R-8 -y ` ® —Fianrred Porce, _5 '- RUT 1 I � R-4 Y , -- ,I� ZRz4- .. i R-8 ='15 III. APPLICANT INFORMATION A. Applicant: Providence Properties,LLC—701 South Allen Street, Ste. 104,Meridian,ID 83642 B. Owners: Joseph Hon— 16790 Rose Park Dr.,Nampa, ID 83687 Raymond Roark—5952 N. Serenity Ln., Meridian, ID 83646 Page 5 Page 402 Lonnie Kuen2]i-621 Q N. Levi Ln., Meridian, ID 83646 West Ada School District- 1303 E. Central dr., Meridian, ID 83642 C. Representative: Stephanie Leonard, KM Engineering- 9233 W. State St., Boise,ID 83714 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 6/26/2020, 8/28/2020, 111131202Q,21512021 newspaper 11I121 Notification mailed to property 6/23/2020,812612020, owners within 300 feet 12/29/20 l 111412Q20,2121202I Applicant posted public hearing notice on site 71212020,812712020. 11512I 1111012020,21412021 Nextdoor posting 6/23/2020,8/27/2020, 11/10/2020,2/2/2021 12/29/20 V. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates 4 10.27+1-acres along W.Chinden Blvd.ISH 2O-26 as Mixed Use-Regional(MU-R); and the 1 13.5+1-acres to the south as Medium Density Residential(MDR). The purpose of the MU`-R designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections.The intent is to integrate a variety of uses together, including residential,and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should he anchored by uses that have a regional draw with the appropriate supporting uses.The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D (pg. 3-17). The purpose of the MDR designation is to allow small lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. The MCI-R designated area is located adjacent to a major intersection,W. Chinden Blvd.ISH 2O-26 and N. McDermott Rd. (future SH-16). The MU-R area is proposed to develop with a medical campus, including a regional hospital, and multi-family apartments. A larger MU-R area than currently designated on the FLUM is proposed which incorporates an additional 9.5+1-acres to the south and east of the current designated area. Because FLUM designations are not parcel specific and the proposed development provides needed services,employment opportunities and housing consistent with that desired in MU-R designated areas,Staff is supportive of the expanded MU-R area provided that a retail component is also included and integrated as part of the development. The MDR designated area is proposed to develop with a mix of single-family attached,detached and townhome units at a gross density of 346 2.96 units/acre,which although at the low end of the desired density range, is consistent with that of the MDR designation. Page 6 Page 403 The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs,preferences,and financial capabilities of Meridian's present and future residents."(2.01.02U) The proposed single-f mity attached, detached, townhornes and multi-family apartments will provide a variety of housing hpes forjuture residents in the northwest portion of the City in close proximity to the proposed employment ages on this site and across Chinden Blvd. to the north. • "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 not currently available to the subject development, however the nrainitrunk lines intended to provide service are currently being developed in The Oaks North Subdivision to the south. This development is dependent on the development tinting of the phase(v) within Tire Oaks North for services to be readily available for ea-tension. This developer is attempting to work with The Oaks developer to hasten tine tinting of utility e-xpansiorr. • "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) Four(4)different housing types are proposed in this development(i.e single-family attacltedldetached, townhomes and multi jr ndly apartments)along with a wide range of lot sices for diversity in housing types in this area. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land," (3.07.00) The proposed single-fatuity residential development should he compatible with existing.single- jcrmily homes to the west in Peregrine Heights and in the development process to the south in The Oaks North and the fixture school to the east. Larger lot sizes are proposed as a transition to the I-acre lots in Peregrine Heights. Higher density residential uses are planned a4jacent to the proposed medical campus at the north boundary and the fixture school site at the east lrorrradatl.A 30-foot wide landscaped bad fer with a pedestrian pathway and 8'tall CMU wall is also proposed adjacent to residential uses along the southern and western boundaries of the proposed medical campus to reduce conflicts. • "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."(2.02.01 Ay A 10'wide milli-arse pathwgv is required within the street bufers along W. Chinden Blvd.ISH 20-26 and the northlsouth collector street (Levi Ln.lRustic Oak), and to the east to the,fisture school site.far safe pedestrian access to the.school. A large central common area is proposed along the collector street with quality amenities. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Page 7 Page 404 Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems when available: set-vices are proposed to be provided to and though this development in accord with current City plates. • "Locate higher density housing near corridors with existing or planned transit. Downtown, and in proximity to employment centers."(2.01.01 H) The proposed toi nhomes and multi-family apartments in close proritrtitt'to the regional hospital and medical campus ivill provide higher density housing options ire close proximih,to the employment center and major transportation corridor(i.e. Chinden BlvdISH20-26&enure SH 16). ■ "Encourage the development of high quality, dense residential and mixed use areas near in and around Downtown,near employment, large shopping centers,public open spaces and parks, and along major transportation corridors,as shown on the Future Land Use Map."(2.02.01.E) Townhomes and a multi-family develop►ne►rt are proposed in close proximity to the mixed use area along Chinden Blvd.ISH 20-26, a major transportation corridor; where emplvk7ment uses are proposed. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2 02.02) The proposed project is located on the f-inge of the northwest corner of the Cinti However. because the land to the north and south has been annexed into the On,as well as laud located a half mile to the east, services will be extended in this area. .There_fore,public services will be maximized by the development of this property. • "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, when available, and curb,gutter and sidelvalks is proposed to be provided as required. • "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided"(3.03.03) The proposed development plan is consistent with the City s vision in that a min of uses are proposed including a regional hospital and medical offices in the MU-R designated area adjacent to a major transportation corridor. Residential uses are proposed at densities consistent with the Comprehensive Plan far this area. Public services can be provided and public infrastructure iuill be extended when available to this site. • "Require collectors consistent with the ACHD Master Street Map(MSM), generally at/near the mid-mile location within the Area of City Impact."(6.01.0313) The MSM depicts a collector street at the hal Pirtle between Black Cat and McDermott Roads in the current location o f N.Levi Ln, at the northeast corner-of the site fi-orn W. Chinden Blvd.1SH 20-6 to the south to McMillan Rd. A collector street is proposed in accord with the MSM which will connect to N. Rustic Oak Was+to the south in The Oaks North subdivision. Page 8 Page 405 In reviewing development applications,the following items will be considered in au Mixed Use areas, per the Comprehensive Plan (pg.3-13): (Staff"s analvsis in italics) ■ "A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high density residential development alone." The proposed development includes fiat least three (43)differettt lcrttd use tt•pes—residential mil,office and cotnrnercial(reta illresta uran 1) use. , desigwated .wwas to serve the employment area and nearb}r residents. A public school(i.e. Civic use) is planned on the eastern portion ofthe annexation area; however, it's outside the mixed use designated area and not a part of the proposed development. ■ "Where appropriate, higher density and/or multi-family residential development is encouraged for projects with the potential to serve as employment destination centers and when the project Is adjacent to US 20/26, SH-55, SH-16 or SH-59." Multi family apartments and townhotttes are proposed adjacent to the Mixed Use designated area to provide a higher density in close proxinitY to the employment center located adjacent to W. Chinden Blvd.ISH 20-26. ■ "Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request,a development agreement will typically be required for developments with a Mixed Use designation." A Master Plan is proposed with the annexation request which will be incorporated into a Development Agreement to ensure jilture development is consistent with the 1 ft-red Use designation. ■ "In developments where multiple commercial and/or office buildings are proposed, the buildings should be arranged to create some form of common,usable area,such as a plaza or green space," The Master Plarr depicts an •••iego-_yaoW a,Me sewh end., Me r tgspi.,,r . .ha r a..kMig c three 0 outdoor courtyard areas , arnurtrl the medical nAce building, a large outdoor pla a4zreen space area in front of the hospital with a shaded seating area, and a pedestrian pathwav within a 30'ivide landscaped common area along the southern and western boundaries of the contnterc•ial portion of the development abutting residential uses Kith two (2) shaded areas oj'respite. tq#'...............nds the..,,...a pt pr n is v.,visea,...;.,_to the Gry- Coup....r ■ "The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development." There are existing low density hones on l-acre lots along the west boundar7l oj'this site in Peregrine Heights Subdivision adjacent to the area proposed to be Zoned C-C and developed with a medical campus.A 30'wide densely landscaped bq&r-is proposed along the west and south boundaries of the C-G zoned proper4y adjacent to existing and proposed abutting residential uses along with an S'tall CMU itiu l as a buffer to.future commercial uses. Parking is proposed along these boundaries emeeptf r • 4-story...edieal.,raw budding proposed&I!h_e southeast earner of the eonintereial deyehTmentj whieh Staff r-eeommends is ski .fted to residences to fhe"ufh ■ "Coinniunity-serving facilities such as hospitals, clinics,churches, schools, parks,daycares,civic buildings,or public safety facilities are expected in larger mixed-use developments." Page 9 Page 406 A,f inure school site is planned on the eastern portion❑j'the annexation area but it is outside the Mixed Use designated area and riot a part❑f this development.A hospital is proposed in the medical campats on the northern portion of the site adjacent to W Chinden Blvd.ISH 70-26 which will provide much needed services in the northern portion of the City. • "Supportive and proportional.public and/or quasi-public spaces and places including but not limited to parks, plazas,outdoor gathering areas,open space, libraries,and schools are expected; outdoor seating areas at restaurants do not count" A school is planned to develop on the eastern portion of the annexation area but is outside the Mixed-U.se designated area and not being developed with this project, T eqi-s •-e siteh Vae o .. A .,14,..ded jt �_Three(32 outdoor courtvard areas are r proposed; around the medical office building and a large outdoor plaaa/gr•een space area with a.shaded seating area is proposed in fi-ont of the hospital. Two shaded outdoor-areas of respite are also proposed Lvithin the baler along the southern boundar;y of the commercial portion of the development. • "Mixed use areas should be centered around spaces that are well-designed public and quasi- public centers of activity. Spaces should be activated and incorporate permanent design elements, and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development and further placemaking opportunities considered." F�evised aee00%gHg6;. or io the C44.r.,..neil heal=i Three 3 outdoor courtyards are proposed htk�2"'around the medical office building and a large oartdoor pla.:algreen space area tii,ith a shaded seating area is proposed in fi-ont of the hospital. Two shaded outdoor areas oft espite are also proposed within the buffe7•along the southern boundary of tl2e commercial portion of the development. • "All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." The proposed rnixed use development is dir•ectiv accessible to neighborhoods within the section by a collector street(W. Rustic Oak Wur) that runs along the project's east boundari,at the hay Mile between IvIcDerntott and Black Cat Roads;a midti-use pathsvaj,is planned along the collector street fbr-pedestrian connectivity in aee•ord with the PathtivaYs Master Plan. • "Alleys and roadways should be used to transition from dissimilar land uses,and between residential densities and housing types." There are no roadways separating the cornnierciallrnired use area from the single-fanailk detached homes and townhomes proposed at the south boundary af•1he area proposed to be -otaed C-G. Hox,eiler, there is a 30-fbot wide densely,landscaped bujjer proposed between the commercial and residential uses. 8owt4 is • "Because of the parcel configuration within Old Town,development is not subject to the Mixed Use standards listed herein." The subject property is not located in Old Torun, therefore, this item is riot applicable. In reviewing development applications,the following items will be considered in MU-R areas, per the Comprehensive Plan (pgs.3-16 thru 3-17): Page 10 — Page 407 • Development should generally comply with the general guidelines for development in all.Mixed Use areas. Slgf]'s analysis on the proposed project's compliance with these guidelines is included above. • Residential uses should comprise a minimum of 10% of the development area at gross densities ranging from 6 to 40 units/acre.There is neither a minimum nor maximum imposed on non- retail commercial uses such as office,clean industry, or entertainment uses. Multi-faini4,uses are proposed at a density oj'16.6 units/acre.fbr approximately,27°%n of the mixed use development area. Non-retail medical qf]icellrospital uses are proposed on the remainder of'the mixed use development. • Retail commercial uses should comprise a maximum of 50%of the development area. Aa-+Retuilii-estauraW commercial uses(101]00+I-square feet) are proposed on the entire l rst Moor of the medical office building. Because this site is proposed to develop with a medical campus including a regional hospital retail uses will be minimal but.should be provided as a third land use tape as desired in mixed use designated areas as discussed above to serve patrons and residents. Where the development proposes public and quasi-public uses to support the development, the developer may be eligible for additional area for retail development(beyond the allowed 50%), based on the ratios below: • For land that is designated for a public use, such as a library or school,the developer is eligible for a 2:1 bonus. That is to say, if there is a one-acre library site planned and dedicated,the project would be eligible for two additional acres of retail development. • For active open space or passive recreation areas,such as a park,tot-lot, or playfield,the developer is eligible for a 2:1 bonus.That is to say, if the park is 10 acres in area,the site would be eligible for 20 additional acres of retail development. • For plazas that are integrated into a retail project,the developer would be eligible for a 6:1 bonus. Such plazas should provide a focal point(such as a fountain, statue, and water feature), seating areas, and some weather protection. That would mean that by providing a half-acre plaza,the developer would be eligible for three additional acres of retail development. This guideline is not applicable as no publiclquasi-public uses are proposed in the AfU-R designated area. Stuff believes the proposed development plan is generally?consistent with the vision of the Comprehensive Plan if a commercial(i.e, retail,restaurant, etc.) component is included in the mixed use designated portion of the development as discussed above. Vl. UNIFIED DEVELOPMENT CODE ANALYSIS (1ID0 A. Annexation &Zoning: The proposed annexation area consists of sip-ten(& 0)parcels of land totaling 122.9 1.28,21 acres designated on the Comprehensive Plan Future Land Use Map(FLUM)as Medium Density Residential (MDR)and Mixed Use—Regional (MU-R). Per the proposed conceptual Master Plans included in Section VIII.A, single-family residential attached and detached homes,townhomes. multi-family apartments and a medical campus featuring a regional hospital and medical office Page i 1 Page 408 ltem#7. buildiniz with retail and restaurant uses is proposed to develop on this site. As discussed above, StAff FeeOMMeNdS eemmer-emal (i.e. mta,!,restaurant, ete.) USeN QFe also provided asjp .n the C G zoned iir-eft its desired in Mated Use and specifleally AIU R designated oreas to The medical campus is proposed to include"boutique"medical services geared toward women's health and pediatrics. Two buildings are proposed—a 4 3-story-220,909 181,000+1-square Foot (s.f.)hospital with approximately 4060 in-patient beds and a 4 3 4-story 40,999$0,000+I-s.f. medical office building which is proposed to include 10,000+1-square feet of retail uses and 10,000+1-square feet of restaurant uses on the entire:first floor.Most services anticipated to he performed in the hospital will be out-patient procedures. Areas not used for inpatient beds will be used for surgery,radiology, an emergency department, labor rooms,physical plant and a cafeteria. The hospital is proposed to be similar in scope and size to the St. Luke's and St. Al's campuses in Nampa. West Ada School District plans to develop a public school on the eastern portion of the annexation area separate from this development. The parcel was included in the subject AZ and PP applications because it was created outside of the process required by Ada County to create a buildable parcel. Including it in the proposed plat will allow building permits to be obtained for future development. The single-fancily attached/detached portion of the development is proposed to be annexed with R-8 zoning(99.53 acres),the townh.ome and multi-family portions are proposed to be zoned.R-15 (8.82 acres) and the medical campus is proposed to be zoned C-G(19.17 19.85 acres, including adjacent right-of-way to the section line of W. Chinden Blvd.lSH 20-26),which is generally consistent with the associated MDR and MU-R FLUM designations for the site as discussed above in Section V (see zoning exhibit in Section VI11.13). Proposed Use Analysis: Single-family attached and detached homes and townhouse dwellings are listed as a principal permitted use in the R-8 and R-15 zoning districts; imulti-family developments are listed as a conditional use in the R-15 zoning district, subject to the specific use standards listed in UDC 11-4-3-27; and public education institutions are listed as a conditional use in the R-8 zoning district per the Allowed Uses in the Residential Districts table in UDC Table I 1-2A-2, subject to the specific use standards listed in UDC 11-4-3-14.A hospital is listed as a conditional use in the C-G district, subject to the specific use standards in UDC 11-4-3-22; a+W healthcare and social services is listed as a principal permitted use in the C-G district; retail uses are listed as a principal permitted use in the C-G district: and restaurant uses are listed as a principal permitted use in the G-G district. subject to the specific use standards listed in UDC 11-4-3-49 per the Allowed Uses in the Commercial Districts table in UDC 11-2B-2. Evaluation of the multi-family development for consistency with the specific use standards listed in UDC 11--4-3-27 and the hospital's consistency with the specific use standards listed in UDC 11-4-3- 22 will occur with the conditional use permit applications for such uses. One of the standards for hospitals that provide emergency care requires that the location shall have direct access on an arterial street; the proposed hospital is planned to provide emergency care. Because UDC 11- 3H-4B.2 prohibits new approaches directly accessing a State Highway, access is proposed via N. Rustic Oak Way,a collector street, at the projecVs east boundary located at the half mile mark between section line roads. The City Council should determine if this nieets the intent of the requirement, if so, it should be memorialized in the Development Agreement. Alternatirety, Council►ttav deny the emergency care component of the hospital use. Note:ITD denied the Applicant's request for access via SH 20-26IChinden Blvd.for the medical campus. Page 12 - Page 409 The property is within the Area of City Impact Boundary(AOCI).A legal description for the annexation area is included in Section VIII.B. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-65 I IA. In order to ensure the site develops as proposed with this application and future development meets the Mixed Use and specifically the MU-R guidelines in the Comprehensive Plan, Staff recommends a DA as a requirement of annexation with the provisions included in Section VIIi.A. The DA is required to be signed by the property owner(s)ldeveloper and returned to the City within b months of the Council granting the annexation for approval by City Council and subsequent recordation. The Applicant requests three(3)separate DA's are required—one for the R-8 and R-15 residential portions of the development,one for the medical campus and another for the school district's parcel. Staff is amenable to this request as there are three (3)distinct components of the project. B. Preliminary Plat: The proposed preliminary plat consists of 433 422 lots—395 377 371 buildable lots 1316 32 single-family residential (94-102 attached-&-2222 2151detached),63 38 townhome, 14 multi-family residential, l commercial and I school],32--3442 common lots and 6 other(shared driveway) lots on 123.26 423-5-3 124.81 acres of land in the proposed R-8, R-15 and C-G zoning districts.A portion of the proposed plat is a re-subdivision of Lot 18, Block 1. Peregrine Heights Subdivision,:3 formerly deed restricted agricultural lot that was only to be used for open space(i.e.non-farm)— this restriction has since expired. The minimum lot size proposed in the single-family residential portion of the development is 4,000 square feet(s.f.)with an average lot size of 6-,069 5,982 s.f.;the average townhome lot size is 2 2.302 s.f. The overall gross density is 3-6-3,2.97 units/acre with a net density of-7-M 7.68 units/acre. The gross density of the R-8 zoned portion is 4.47 3.07 units/acre with a net density of 7 W 7.07 units/acre and the gross density of the R-15 zoned portion is 12.87 7.57 units/acre with a net density of 21.39 13.8 units/acre consistent with the density desired in the associated MDR&MU-R FLUM desilmations in the Comprehensive Plan for this site. Phasing: The residential portion of the subdivision is proposed to develop in nine(9)phases as depicted on the phasing exhibit in Section V III.0 over a time period of 4 to 5 years. The northlsouth collector street will be constricted from W. Chinden BIvd.15.H 20-26 in alignment with Pollard Ln. across Chinden Blvd. to the north and extend to the southern boundary with the first phase of development. The single family portion of the site will develop first,followed by the townhomes and then the multi-family aparhnents. The school property(Lot 84, Block 12)are is not included in the phasing plan as they are it is under separate ownership and will develop separately from the residential and commercial portions of the development.The Applicant estimates development of the hospital and medical campus will commence in 2021 at the earliest: and the school in 2023 at the earliest, assuming services are available. Existing Structures/Site Improvements: There is an existing home on the Kuenzli property and some old accessory structures on the Roark property that are proposed to be removed with development. All existing structures should be removed prior to signature on the final plat by the City Engineer for the phase in which they are located. Page 13 Page 410 Dimensional Standards (UDC 11-2): Development of the subject property is required to comply with the dimensional standards listed in UDC Tables I 1-2A-6 for the R-8 district_ 11-2A-7 for the R-15 district and 1 1-2.13-3 for the C-G district as applicable. Lot Layout: The lot layeatidevelepnient plan for the townhome poFtion of the development on Lots 16-74,- homes off the private street,Mrhch is prohibited per UDC 11 3F 4A.6j additionally,each eommon drive"ray Mfty Only serve a maximum of(6) dweffing units per UDC- 11 6C 3D -8 units fire proposed off emeh . Private streets are not intended for townhome developments other than those than create a common mew through the site design or that propose a limited gated development-neither a mews no is propose_d_ but no gates are proposed V ff-C;-B). Alternative Compliance may he requested to these standards and appreved upon reeommendation of the City Engineer,Fire Marshal and the Direetur when theAppliesint ean standards and shall not be detrimental to the public health,safety and welfare and where p ri vale streets are determi ned to en hanee the satety of the development by establishing a clear- sueh a request as Staff is of the opinion -ueh at the number of units and density PFOPosed would result ki a neighbar- -Z-werely under PROEM,whieh eeuld be detrimental to the publie health,Safet-.and Ar oeeess homes within the de4relopMpflt due to parking issues on the private st Staff recommends this portion of the development is redesigned with public streets(filleys an We&-common driveways may be 0 neorperated), e r-if prWate streets are p fi-Oposed, each umt should fr-OHt on nFid be neeessed via the private street(s) and the deAgn should ifiClude a MeW or gnie'd entry in accord • ith UDC 11_iC�:-=1 however, public streets are preferred. d,Ar effling units)with townhome style units might he a development option for this area. A revised parlizing plan should be submitted fOF this area as well thnt provides for ndequitte guest parking above the minimufn UDC standards (Table 11 3C 6) to serve this portion of the development. A revised coneept plan and parking plan should be submitted prior to or a Comm-ss*on hearing for review and R revised plat should be submitted tit least 10 days p to the City CoHneil hearing that reflects this modification. + (% 2 depiets parking and access driveways on buildable lots the number of parking spaces with eneh lot and nre not eommensurate with the parking required for eaeh building. with an ingress egress/par-king easement for each buildable let. A revised plat should be submitted at least 10 days prior-to the City Couneil 4 revised Plat was submitted that depicts the private street in the townhonte portion of the development within a common lot as requested.see Section 6III.C. Subdivision Design and Improvement Standards(UDC 11-6C-3l Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 1 1-6C-3, including but not limited to streets,common driveways and block face. Page 14 - Page 411 Block length is required to comply with the standards listed in UDC 11-6C-3F. Block faces should not exceed 750' in length without an intersecting street or alley unless a pedestrian connection is provided,then the block face may be extended up to 1,000' in length. The face of Block 7 on the south side of W. Smokejumper St. exceeds 750' at approximately 900'+I-;because the preliminary plat for the abutting property to the south did not include a pathway to this site in this location. Staff does not recommend a pathway is required for connectivity as it would dead-end at the subdivision boundary. Other block faces comply with the standard. Common driveways are required to be constructed in accord with the standards listed in UDC 11- 6C-3D. A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. An exhibit should be submitted with the final plat application that depicts the setbacks,fencing, building envelope,and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway should be depicted on the opposite side of the shared property line from the common driveway.Address signage should be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. Access(UDC 11-3A_3� Access is proposed via one(1) collector street(N. Rustic Oak WaY) from W. Chinden Blvd.ISH 20- 26, which extends through the site to the south boundary and will eventually extend to McMillan Rd. with development of The Oaks North subdivision to the south. A local street access (W. Sturgill Peak St.)is proposed via N. McDermott Rd., a collector street,at the project's west boundary. A stub street(N. Jumpspot Ave.) is proposed to the out-parcel at the southwest corner of the site— Staff recommends W. Smokejumber St. is also stubbed to this property from the cast;two(2)stub streets (N. Trident Ave. and N. Rustic Oak Way) are proposed to the south for future extension with The Oaks North subdivision;and two(2)stub streets(N. Serenity Ave. & W. Fireline Ct,)are proposed to the north for future extension—the stub street to Serenity Ln. will serve as an emergency access only to Peregrine Heights Subdivision and will have bollards preventing public access. A collector street(W. Ramblin St.) is proposed for access to the school site. A stub street (Sunfield Way) was approved with The Oaks North preliminary plat to Lot 37,Block 12,proposed as a common lot; this street is not proposed to be extended.The ACHD report states Sunfield Way cannot be extended into the site at this time as the stub street is aligned with the parcel line between this site and the school parcel. ACHD has required a permanent right-of-way easement to be provided and a road trust for the future extension of Sunfield Way with development of the school parcel. Cross-access/ingress-egress easements should be provided to adjacent MU-R designated properties to the west(Parcels#R6991221700& R6991221600) and east(Parcel# R6991222101) in accord with UDC 11-3A-3A.2. As discussed above,a private street loop(N.Highfire Loop)is proposed for access to the townhome portion of the development in Block 8 adjacent to the southern boundary of the commercial development(see analysis below under Private Streets). Staff is rW supportive of the proposed revised design and recommends revisions to the plan as stated ahave and in The Applicant's proposal to curve McDermott Rd. north of Sturgill Peak St. to the east at the project's west boundary does not meet ACHD policy and is not approved; the ACHD report states constriction of this portion of McDermott will be completed in conjunction with ITD's SH-16 extension. Page 15 - Page 412 Developments along SH 20-26 are required to construct a street generally paralleling the state highway that is no closer than 660 linear feet(measured from centerline to centerline)from the intersection (i.e. Rustic Oak)with the state highway.The purpose of which is to provide future connectivity and access to all properties fronting the state highway that lie between the subject property and the nearest section line road and/or half mile collector road. The street shall be designed in accord with the standards set forth in UDC 11-3H-4B.3 and shall collect and distribute traffic.Frontage streets or private streets may be considered by the council at the time of property annexation or through the conditional use process.Frontage streets and private streets shall be limited to areas where there is sufficient access to surrounding properties and a public street is not desirable in that location. A frontage road is proposed along the northern boundary of the site adjacent to Chinden Blvd. with an access on Rustic Oak approximately 660' south of Chinden as depicted on the conceptual development plan in Section VIII.A.Because residential homes exist to the west that are not likely to redevelop in the near future,a future interchange for SH-16 is planned east of the McDermott/Chinden intersection,and a north/south collector street(Rustic Oak) exists along the east boundary of this site, Staff believes there is sufficient access to surrounding properties as proposed without the provision of a public street. Einergencv access; In response to the Fire Department's estimated response tune to the developpienl, which are below the target goal on the McDermott side of the subdivision, the Applicant plans to include an AED (Autornated External Defibrillator) device in the chibhouse and provide education related to the use of the device to ensure residents are aware of the benefits and junction if the device is needed. Additionally, a connection is proposed front Chinden through the project to the southern boundary of the subdivision with the first phase of development to aid in emergency+response times to the site, this.should also benefit response times to The Oaks North to the South. Parking{UDC 11-3 Off-street parking is required to be provided for residential uses in accord with the standards listed in UDC Table 11-3C-6, and for non-residential uses in accord with the standards listed in 11-3C- 613.1, Future development should comply with these standards. A parking exhibit(and details in the narrative)was submitted with this application, included in Section VIII.F that depicts 46 15 extra off-street parking spaces in the townhome portion of the development and a total of 497 on- street parking spaces available for guest parking. A total of 16 off-street parking spaces are proposed for the 3,750+/-square foot clubhouse and swimming pool facility. Staff is of the opinion the proposed parking in the single-family and townhomes portions of the development should meet the parking needs. Off.-street parking in the multi-family portion of the development will be evaluated with the conditional use permit application. Off-street parking is required to be provided for the commercial portion of the development in accord with the standards listed in UDC 11-3C-6B for commercial uses with the exception of restaurant uses: off-street parking for restaurant uses is required per the standards listed in UDC 1 I- 4-3-49. Off-street parking is depicted on the conceptual_Master Plan in accord with these standards and will reviewed again with the final design of the site to ensure consistency with these standards. Pathways(UDC 1144-8}: The Pathways Master Plan depicts segments of the City's multi-use pathway system across this site. In accord with the Plan,the Park's Dept. recommends detached 1 Q' wide multi-use pathways are provided within the street buffers in the following locations: along N. McDennott Rd.,W. Chinden Blvd./5H 20-26,the east side of N. Rustic Oak Way from Chinden to the southern boundary of the site, and along W. Ramblin St. from Rustic Oak to the school site. These pathways are required to be placed in a 14-foot wide public pedestrian easement. Page 16 Page 413 Other pathways and micro-paths through common areas are also proposed for pedestrian interconnectivity and access within the development. Two(2) micro-path connections to the school site are proposed in addition to the multi-use pathway connection from Rustic Oak that extends along the northern boundary of the multi-family development. All pathways shall be constructed in accord with the standards listed in UDC 11-3A-8 and landscaping shall be provided on either side of the pathways as set forth in UDC 11-3B-12C. Sidewalks(UDC 11-3A-17y: Detached sidewalks are required to be provided along all arterial and collector streets; attached(or detached)sidewalks may be provided along internal local streets. Sidewalks are proposed in accord with the standards listed in UDC 1 1-3A-17, o pt r along ng the east side 4 Kiisti, Oa6 ,rth a W. Lost Rapids St. where FM atlaehed 7' wide Sidewalk is pf;apased. This side-Arallk should be detached from the eur-b in neeard with UDC 11 3A4-7. Parkways(UDC 11-3A-17): Eight-foot wide parkways are proposed adjacent to the north/south collector street(N. Rustic Oak Way) and are required to be constructed in accord with the standards listed in UDC 11-3A-17 and landscaped in accord with the standards listed in UDC I 1-3B-7C. A,.....: The k ffte..Plew ipiel...��., a•fr,. hp1wouse d Landscaping(UDC 11-3B): Street buffers are required to be provided within the development as follows: a 35-foot wide street buffer is required along W. Chinden B1vd.ISH 24-26 and N. McDermott Rd., an entryway corridor, and a 20' wide buffer is required along N.Rustic Oak Way,N. M..T,o.... a-4 Rd. and W. Ramblin St.. collector streets,landscaped in accord with the standards listed in UDC I 1-3B-7C. A 25' wide buffer is required on the C-G zoned property to residential uses as set forth in UDC Table 1 1-211-3, landscaped per the standards listed in UDC 11-3B-9C. The buffer area should be comprised of a mix of evergreen and deciduous trees,shrubs,lawn or other vegetative groundcover that results in a barrier that allowed trees to touch at the time of maturity. A 30-foot wide buffer is proposed with dense landscaping along the western and southern boundaries of the site adjacent to residential uses as required. Parkways where provided are required to be landscaped in accord with the standards listed in UDC H-3B-7C. The total linear feet of parkways with the required and proposed number of trees should be included in the Landscape Calculations table on the final plat landscape plan to demonstrate compliance with the required standards. Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B-12C. The total lineal feet of pathways with the required and proposed number of trees should be included in the Landscape Calculations table on the final plat landscape plan to demonstrate compliance with UDC 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 with the required and proposed number of trees should be included in the Landscape Calculations table on the final plat landscape plan to demonstrate compliance with the UDC standards. Parking lot Iandscaping is required to be provided in the commercial portion of the development in accord with the standards listed in UDC 11-3B-8C. If any existing trees on the site are proposed to be removed, mitigation may be required per the standards listed in UDC 11-3B-10C.5.The Applicant should coordinate with Matt Perkins, Page 17 the City, Arborist,to determine mitigation requirements if any existing trees are not proposed to be retained on site. Noise abatement is required to be provided in the form of a berm or a berm and wall combination parallel to W. Chinden B1vd.ISH 20-26 constructed in accord with the standards listed in UDC 1 1-3H-4D.A detail/cross-section of the proposed noise abatement should be submitted with the final plat application for the commercial portion of the development that demonstrates compliance with the required standards.. Qualified Open Space(UDC 11-3G): A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required for the residential portion of the development. Based on 105.08 80.42 acres(excluding the 28-acre school parcel),a minimum Of 10.5 1-8.04 acres of qualified open space should be provided. A qualified open space exhibit was submitted,included in Section VI1I.E,that depicts 11-56 12.4 acres(or 44-$ 15.41% excluding the 28-acre school parcel)of open space consisting of the entire buffet along collector streets (McDermott& Rustic Oak),open space areas of at least 50' x 100' in area and linear open space in accord with UDC standards. Note:Although a couple of the lots (i.e. Lot 30, Block 1 and Lot 29, Block 9)counted toward qualified open space don't ineet the mininium dimensional standards of'50'x I00', the rest of'the area does quali f, vvhich still exceeds the mininnan standards. Because the multi-family portion of the development is proposed to be subdivided with each 4- plex on its own individual lot for the option of separate ownership of the 4-plex buildings, Staff recommends a provision is included in the DA that requires one management company handle the leasing and maintenance of the entire project to ensure better overall consistent management of the development. Qualified Site Amenities(UDC 11-3G'�: A minimum of(1) site amenity is required for every 20 acres of development area. Based on the residential area of the proposed plat t405.08 80.42 acres), a minir non offi-Ne four(5 4)qualified site amenities are required to be provided per the standards listed in UDC 11-3G-3C.A site amenity exhibit and renderings are included in Section VIII.E. A 3,750+1-square foot clubhouse with restrooms, an exercise area, office and meeting room with an outdoor patio and a 54' x 30'+1-swimming pool, one large tot lot on Lot 1, Block 9 and(2) smaller tot lots on Lot 1,Block 13 and Lot 12,Block b with children's play equipment, an enclosed 5,500+1-s.f. dog park(although this area may be just a pocket park with no dog facilities depending on what is desired by future residents),segments of the City's multi-use regional pathway system. and additional qualified open space exceeding 20,000 square feet are proposed as amenities in excess of UDC standards. Amenities are proposed from the following categories listed in UDC 1I- 3G-3C: quality of life,recreation and pedestrian or bicycle circulation system,in accord with UDC standards. Details of these amenities should be submitted with the final plat applications for the phases in which they are located. Storm Drainage(UDC 11_ 3A-I8]: An adequate storm drainage system is required in accord with the City's adopted standards, specifications and ordinances as set forth in UDC 1 1-3A-18. Design and construction shall follow Best Management Practice as adopted by the City. Sub-surface drainage is proposed but swales could be incorporated if needed. Page 18 Pressurized Irrigation {UDC 11-3A-15): Underground pressurized irrigation water is required to be provided in each development as set forth in UDC 11-3A-15. This property is within the Settler's Irrigation District and the Nampa& Meridian Irrigation District's boundaries. Waterways(UDC 11-3,4-6): The West Tap 5ublatenal rims cast/west across the southern portion of this site within a 20' wide drainage district easement;and a 15' wide irrigation easement runs east/west across the northern portion of the site as depicted on the Peregrine Heights subdivision plat. This waterway is planned to be relocated and piped. If the easement(s)for the waterway is greater than 10' in width,it should be placed in a common lot that is a minimum of 20' in width and outside of a fenced area, unless modified by City Council in accord with UDC 11-3A-6E. All waterways are required to be piped unless used as a water amenity of linear open space as defined in UDC I 1-IA-I in accord with UDC I I-3A-6B. Fencing(UDC 11-3A-7]: All fencing is required to comply with the standards listed in UDC 1 1-3A-6C and 1 1-3A-7. Fencing, is depicted on the landscape plan. Fences abutting pathways and common open space lots not entirely visible from a public street is required to be an open vision or semi-private fence up to b' in height as it provides visibility from adjacent homes or buildings per LTDC 11-3A-7A.7. Staff is concerned there is not enough visibility from the street of the common area on Lot 1,Block 2 located behind building lots and around Lot 37, Block 12 and recommends the fencing type is revised on the perimeter of these lots to comply with this standard. Building Elevations(UDC 11-3,f-191 Architectural Standards Mantra//: The Applicant submitted sample photo elevations and renderings of the different home types planned to be constructed in this development which are included in Section VIII.G. Homes depicted are a 2nix of 1-and 2-story units of varying sizes for the variety of lot sizes proposed. Building materials consist of a mix of finish materials with stonelbrick veneer accents. Because the side and/or rear of 2-story homes that face collector streets(i.e.N.McDermott Rd.,N. Rustic Oak Way and W. Ramblin St.)will be highly visible,these elevations,should incorporate articulation through changes in two or more of the following: modulation (e.g. projections,recesses,step-backs, pop-outs),bays,banding,porches,balconies, material types. or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street.Single-story structures are e-remptfrosn this requirement. Conceptual renderings of the hospital and medical office buildings were submitted as shown in Section VIII:G,The hospital is proposed to be a 3-story building and the medical office building a 4-story building.The elevations for the medical office building incorrectly depict a 3-story building; these elevations should be revised prior to the City Council hearing to reflect the correct number of stories. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of any building permit applications for the medical office building, hospital,clubhouse, swimming pool facility, single-family attached,townhome and multi-family structures.The design of such is required to comply with the design standards listed in the Architectural Standards Manual. Design review is not required for single-Aamily detached homes. Page 19 C. Private Streets[UDC 1_!-3F} A private street loop(N. Highfire Loop)is proposed for access within the portion of the development where townhomes are proposed on Lots 17 1 17-44 and 54-67.Block 8 adjacent to the southern boundary of the commercial development. The Applicant believes a private street in this area will enhance safety and vehicular circulation by creating a clear path of travel for emergency vehicles and residential traffic. A mew is proposed but no gates are proposed as the Applicant believes a gate would detract from site circulation and would physically and Figuratively disjoint the townhomes from the rest of the community. Private streets are not intended for townhome developments other than those that create a common mew through the site design or that propose a limited gated residential development per UDC I]- 3F-1. The applicability may be extended where the Director or Fire Marshall determines that private streets will enhance the safety of the development. The spplioa„t-rnnv�tSa'tOffla'sse C�ffl '=�n�to ..4lternathr e Compliance is no longer necessaty as a mew is proposed on the revised plats. por-tion of the plat where the p rivate street is p r-op osed.Staff and the Fi re Dept. d oes not bel,e%re safe", is enhanced by the PFOVision of a py-mirate street in this or-ea with the density like"hood of vehieles parking in fire 'fines Elue to inadequney of pnrldng for guests find overflow parking.Therefore,Staff d oes not r-eeemmen d approval of th P pAva te street as D. Alte,.RO:Ve r., ..HORee rrr� n�DC— belief that the townhame patsti8n aftlie better integrate w4h the fvst of the pfov:rip a gsaio-r path of travel for o.,.,eraency,,ehic1es. develop meat with the p iy ate street_ Staff iS in t....n not% .• u erfiaaF the request fe alter-native comptianee.As noted nheve on Section V1.9, Lot Layout�Staff recommends Menges to the layout of this p or-tie n of the P110t.A SH bSeq HeRt Feq oest fney be eonsider-ed if- anted by the .-edes-gn.Because a mesh is hurt proposed on the revised phm.v. alternative compliance i.v no lonzer necessarv. V1I. 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 with the conditions noted in Section IX.A and denial of the request for a private street and alternative compliance per the Findings in Section X. B. The Meridian Planning&Zoning Commission_heard these items on (continued from July 16"'and August 20) September 17, 2020. At the public hearing,the Conuitission moved to continue the subject AZ and PP requests to a subsequent Commission hearing in order for the Applicant to revise the concept Man for the commerciallmedical_campus_and plat_for the townhome_portion of the development. 1. Surnmary of Commission public hearing_ Page 20 a. In favor: Stephanie Leonard KM Engineering& Patrick Connor(Applicant's Representative); Betsy Huntsinger, representing the proposed hospital; Randall Petennan{adjacent property owner}; Mitch Armuth, Providence Properties b. In opposition: None C. Commenting: Val Stack and Paul Hoyer; Sue Ropski; Cory Coltrin: Randall Petennan d. Written testimony: Josh Femreite Chief of New Schools for Gem Innovation Schools e. Staff presenting application: Sonya Allen f_. Other Staff comrnenting on application: Joe Bongiorno_ ? Key issue(s)of public testimony a. Gem Innovation School is in strong support of the project as their future campus lies approximately 340 yards to the south and will be able to provide K-12 public education o bons for future residents,• b. Would like 30' buffer extended along entire east and south boundaries of Peregrine Heights Subdivision for a buffer to higher density residential uses; would like more of a transition to the lots at the southeast corner of Peregrine Heights Subdivision either with larger lots or common area instead of 5 building lots; not in favor of proposed access via Screni!y Ln.,• concern pertaining to future access for Sereni Ln. residents via Chinden• concern pertaininm to obstruction of view sheds with proposed 4-stoKy structures on commercial portion of development. C. Ms. Ropski's concern with location of trash dumpsters and parking adjacent to their property, d. Preference for the hospital to be located closer to the ChindenlRustic Oak intersection away from low densjly residential lots at west bounds e. Mr. Peterman is in favor of the proposed development as it will briny,services to his property for development. 3. Key issue(s)of discussion by Commission: a. Preference for owner-occupied townhomes rather than rental or more multi-family units in the portion currently proposed for townhoines; b. Preference for the Applicant to obtain the out parcel at northeast corner of site in order to develop commercial[retail,restaurant,etc.] uses on the site; C. In favor of the variety in housing types and lot sizes proposed; d. Not in favor of the proposed design of the townhome portion of the development and the private streets—needs to be redesigned; e. The Fire Dept.'s preference for a direct unhindered access to the site via Serenity Ln. (i.e. not obstructed by a gate,bollards or a chain)—opposed to ri hg t-in/right-nut at Serenity Ln.IChinden Blvd. as a fire engine will not be able to access the site from the east via Chinden. f_ Conceptual development plan for the conunerciallmedical campus portion of the site needs to be revised as discussed. 4. Commission change(s)to Staff_recommendation: a. None 3. Outstanding issue(s)for City Council: a, None C_ The Meridian Planning&Zoning Commission heard these items again on October 22"'. At the public hearing on October 22"',the Commission moved to recommend approval of the subject AZ and PP requests. I. Summary of Commission public hearing_ a. In favor: Patrick Connor,Providence Properties[Applicant's Representative]; Betsy Huntsinger, representing the proposed hospital b. In opposition: None Page 21 C. Commenting: CqU Pitman- Sue Ro ski, Val Stack,• Doug Hanebor -, Heidi Wilson,Charles Hay: Bonnie Layton,WH Pacific (representing property owner to the west of Peregrine Hei hts d. Written testimony: None C. Staff presenting application: Sonya Allen f Other Staff commenting on application: Bill Parsons 2. ICey issue(s)of public_testimony- a. Preference for the parking on the east side of the 3-story medical office building to be relocated to the west side of the building and the building,shifted further to the east so that the building is further away from adjacent residential properties; b. Concern pertaining to traffic on Serenity Ln. if it were to be open to the south and the safety of children as there are no sidewalks along the private street; C. Concern pertaining to future restriction of rigJit-in/right-out access to Serenity Ln. from Chi nden Blvd. and resulting delays for emergency services to Peregrine Heights; C. Request for provision of a fence or a gate at the south end of the Serenity Ln. cul-de-sac to keep it private; d. Request for the larger estate lots that abut the south end of Peregrine Heights to be carried R over to the south side of W. Tanker Dr.-, C. Property owner to the west of Peregrine Heights is in favor of the proposed frontage road along Chinden Blvd. for access to the collector street, 3. Key issue(s)of discussion by Commission: a. The provision of an electronic gate at the south end of Serenity Ln. for emergency access to Peregrine Heights and to keep the laneprivate-, b. Impacts to the design of the site if the out parcel at the northeast corner oftlie site isn't T purchased by the Developer and developed as part of this site; C. Trash enclosures should be located away from adjacent residential properties d. In support of the reduction in height from 4-to 3-stories for the hospital and medical office building; C. Preference for the inedical office building to be shifted further to the east and/or rotated: f. The provision of only one(1)mew_ in the town-home portion of the development. 9-- In general support of the revisions made to the concept Man for the commercial portion of the development. h. Would like the Applicant to work with ITD on noise abatement along the west boundary adiacent to SH-16; i_ In favor of the walkability of the development and especially the medical campus; In support of the changes to the townbome portion_of the deyeinpment and the additional open space, k. Would like the Applicant to work with Staff to reduce the number of lots along the southern boundary of the subdivision to provide a better transition to planned R-4 zoned lots in The Oaks subdivision. 4, Commission change(s)to Staff recommendation: a. Requirement for noise abatement to be provided along the project's west boundary along N. McDermott Rd. adjacent to the future extension of SH-16(see Section IX.A.la.7 and A.3a): b, Relocate the parking on the east side of the medical office building to the west side of the building and shift the building further to the east away from the adjacent residential properties(see revised concept bans in Section VII1.A): C. The Applicant shall work with Staff to provide an electronic_gate that is approved by the Fire Dept. for access to Serenity Ln. from the south(see DA provision#A.Ia.6 in Section IX); and, Page 22 Item#15. d. Reduce the number of lots alonm the soutbern boundary to provide better transition to the R- T 4 properties plaimed to the south ii7 The Oaks subdivision{lots were reduced by 5 along the south and southeast boundaries,see revised plat in Section VIII.Q. 5. Outstanding iissue(s) for City Council: a. Council should determine if the proposed access to the hospital via N. Rustic Oak Way,a collector street meets the intent of the UDC 11-4-3-22 which requires has itals that provide emergency care to have direct access on an arterial_street. ITD denied a i-Equestor direct access via Chi►aden Blvd.far the e►nemency rare component of the hospital foe►•the letter to the Applicant dated Mrty 5, 2020 included in the public record. Alfe)-Ilatively. Council inav dem,the emte encycare conToneg of the hospital use. D. The Meridian City Council heard these items on Deceml7er 1 2QZ0. At the public hearing•fhe __ - - d Council moved to remand the nroJect hack to the=Comm ission in osier for the out-narcel at the nod}east-��rn _Qf the lt�t❑_�e3nclnd�d _annexation a�e� c-yei❑���rtt lan f❑ttl�e Stt_e_. i. Si��tt ❑f_ i�Cit C❑unciI-mil iiheurirt� a. amori f'aWkk-Corimx.. yidemco-Prop 3 esand..Stcphanie Uyx l Enein`eenng(Ann ic-a-pt's Renres- n�_t-_ _ In n�tio�lSiQt1,1y9A� Qmnl�Ati C �itrt]a�iDo1V,Ram cb4t&- vxCltsrt VWrren#-c5t m al P-dteman- �r Staff oreSer�tinRplictiQn���r�Y Allen f. Other Staff commenting on n apmlication: (lint Dolsbv.Joe Bonaiomo, Steye Siddowav 2. Ke_y e issus)of public t tir►mov: __. a. nc�m_pining_!QAaAv h4f ht�f a �raad and access tail fiQ ni1�X Ln 1 &a=nce for the hospital to be shifted as far east as possible away from adiacent r�atiWmg,will-P-YcrLoW�Ae-rcx y d-of� jacmI residential properties; Desire far aanStae to the medical campu�p�rtion of the site f�m Serenity Ln t�rohibit.publie aceessLtmf c on agnermdy _ d. Concerns pertaining to lid t trespass an adjacent residential poperties from the me_dicalcamous;_ Lot sizes o-IoW the southeast corner f Pere- 'ne Hei ht here there are 4:1 1 l&propsed:concern pertaining to Fire Dent.response time; location of water&sewer stubs to Peregrine Heighi�x I4e�tttQn- cc hyslnts�ncita�tQexeine_Height . — ---- 3_ Kev issues of dC11551a�by itv Council_: a. Fire-respo"s'e tjrme--twft-§ite; h. 5 ubA Asi-QnDflhcxwu tifamiIY-mxU tl the it lowin �Qx �Q�uership�f individual apartment structures and concern pertaining toconssigent exterior maintenan= hQuld txtaI -qct-he gDV ci17 �H0 _wspe—0 yp_ ' Ill�It�133et7t_comOanY tQ�tlSldr�c�7n.5ii�tll�Il�tlID�IY�IlIS��h��Ye�1�1�I1L? C. Preference for the out-parce1.at the northeast corner of the site to be included in-the auncxatiml Arm and*Y=gJ—ent�I�fpt tl?�_SLe�C4JdRcal 1�nQt 1n favor_Qf annexing the medical campus paniam of the site without the out�parcel:remand bad to the Commission for inclusion of the out-parcel in the annexation application. 4 CityrgpuaLch-mgQ(s)to Cammission r r mmendation: Fm^ a, None. Page 23 Page 420 Item#15. E. The Meridian Plannin, &Zoning Commission heard these items on JanuM 21 2021. At the: public bearing,the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing_ a. In favor: Patrick Connor Providence Properties; Stgphanie Ho kins KM Engineering (Applicant's Representative) b. In opposition: Cosy Coltrin c. Commenting: James Jacobson,Attorney representing Peregrine i-Ieigjhts Homeowner's Association: Sue Ropski: Cary Pitman, Doug Haneborg d. Written testimony: Stephanie Napkins.Applicant's Representative(response to the staff report e. Staff presenting application: Sonya Allen f Other Staff commenting on application: None ?. Key issue(s)of public testimony: a. Opposed to development of a medical campus directly adjacent to Peregrine Heights residential subdivision and request for C-G zoning to be denied, b. Concerns pertaining-to where medical waste containers will be located location of loading docks next to residential,opposed to 4-story medical office building structure which will obstruct views, Iocation of frontage road/emergency access along north boundary of Peregrine Heights Subdivision from Chinden Blvd.: C. Not enough buffer between existing residential properties and proposed commercial development, d. Objections to a frontage road/emergency access driveway at the noitli end of Peregrine Heights subdivision along Chinden Blvd., e. Concern pertaining to light trespass from the commercial site on the adjacent residential properties: e. Clarification from the Applicant that this is►r_u_t a trauma center—most business will be related to wornen's health procedures and not emergency services. 3. Key issue(s)of discussion by Commission: a. Supportive of the continued changes that have made to the development plan by the Developer at the request of Staff and the neighbors, b. In favor of the proposed medical campus in this location of the City and belief it's an appropriate use for the MU-R designated property; L. Empathy for the impacts to the residential property owners adjacent to MU-R desigmated property and proposed cornmerc aI development d. Commission change(s)to Staff recommendation: a. Add requirement for the buffer along the west boundary of the site to incorporate a 2- foot tall berm with an 8-foot tall wall on top of the berm to assist in blocking the noise from the commercial development.This requirement is contingent upon approval from the Peregrine Heights HOA, otherwise, if not approved by the HOA, landscaping and the wall shall be installed as proposed on the concept plan(see DA provision#A.Ib.9 in Section IX). 5. Outstanding issues)for City Council: a. Council should determine if the proposed access to the hospital via N. Rustic Oak Way, a collector street,meets the intent of the UDC 01-4-3-22),which requires hospitals that provide emergency care to have direct access on an arterial street. ITD denied a request for direct access via Chinden Blvd.far the emergency care component of the hospital per the letter to the Applicant dated Mar!S, 2020 included in the public record. Alternatively. Council trrav dem,the emergency care componem of the hospital use. Page 24 Page 421 Item#15. The Meridian City Council heard these items on February 23.A-prii 13,and Ma ]-S_2621, At the w public hearing on May 18'�'.the Council moved to approve the s�_tbject AZ and_ PP_ r_equ�t L Summary of the Cii�ouncilpublic hearing;. i Step>tpni.e Haukip�,.KM Fngineedn b. Ln-oppodt-im NQr& c_ Commenting;Sue R_Qnski;Kristy Inselman.ACHD: Val Stack --- -- _ -- -- Sul-ff Fr e i��� jil m ilu ,sanva Allyn Other Staff commentg on a, li ati n: _ anc 3, MY iss gb)Qf jwb-k lestrmmw a Concern pertaining to the frontage road and heieht of the a proposed structures; t� Clarification pn the number ofrentai nrtrn re ti cs allowe ._ _ithi the develat}ment fup to 7. %)j r-OU the C. Concern Pertaining to safetv and aecess to the commercia��n of the site. I KmWued of discussion by City Council: eL CQrt�rn� irti g dir�ctiQ�Qf-psi > ]cgi�zt_�� g�At�pr rty-ttaxo-and hesitancy to move forward with this ap)iicatio.n until more information is known. Cau��il.�lQved to canii]ule�is a___-_,n�.nlicatinn to An�_�;��ublic te - �wil1� b. Differing-iniotls�ertainin�to whether or not the h- i. 1 5ta hm-d serve--as a trauma �nter��ith�Qciated.wse�l uvilh�n_errterg�nc�rQQtrtr-�Qtne_rc�nsns[ire bccausaxon iWt-&ya_WnWe ffrom_an anuiafsue-qt and bcca s-Qf.im wis _e in i i n_i li ors(i.e.helicopirsl: 4. Cit►r Colttlt� .rl�e{sl to Commi �iQt�� tiQn a. C-ounciI dmr.me-daw-em-for�r-cmmmcu mmma-R ti c 5��4�Ql lector-slyeet.mneet� ft intent Qf thc_reWrement in X -1-3-22A for direct ace_ess to he myided on an arterial_strQcx;.�I�s�,.tltat-tl�hsa��at�u�d.nQt.p�ar�ue>�ei[tg�.t�nated3�5sa trauma center. Page 25 Page 422 VIII. EXHIBITS A. Master Plan Conceptual rendering&Medical Campus Conceptual Development Plan - REVISED u S H1GHwo xSMHIaotN Owl) K. PROPOSED RntOPUS 1 PRESCOTT w C4Mt5 -- r r RIDGE MERMIAN,MAT40 uvx.#ru44 wu,eCi mcvAHGL - FUTURE SCHOOL SITE i L FUTURE OAUS NORTH Su604V61 awepifor-aleffg the eoUeetov streets(i.e. AE Rustic Oak Way&AkDermeu Rd-.)and on eammeH lo Page 26 Page 423 Concept Plan#2 (including eut""eel)[dated: 1/19/21]: SITE IN:OP NATION P�EC zDmm ^.d k+ DT Wm.0 wif WW r..K ..-JFW.!Y1 f•.-c lhi 9 lal 11 . --r tnixaiccr��i� r � y+x+nww�.n-- S�si[�lpV'I.�inOpT K - �.kmc�a�o we srles II�� Ili 1.',I.I1"711_ I10 Ili 1-6 -Airw. [IT III I III A j III IIIIIT{I mUTMITri„IM111 - jij.U111 �•-i•� �'��4l�w Nf I MI f 4 �g50Flp�/In Page 27 Page 424 B. Annexation&Zoning Legal ❑escriptions and Exhibit Maps C-G I9NIHG LEGEMp N A _ RUT p �o z x Y a¢ z U I I -15 PUTlam I ! I 1 R-8 / .f/� I I [HUIHEEAIHQ R-S a R-8 R-4 Plan stale:l'_'.tlo' Page 28 km E N G I N E E R I N G December 17,2020 project No.19.140 Exhibit A Legal Description for Annexation Rrescott Ridge 5ubdivi0on A parcel of land situated In a portion of the West 1/2 of the Northeast 1/4 and a portion of the West 1/2 of Section 28.Township 4 North,Range 1 West,BaIse Meridian,Ada County,Idaho and being mare particularly described as foliows: Commencing at an aluminum cap marking the Northwest corner said Section 28, which bears IV89"27'17"W a distance of 2,609.40 feet from an aluminum cap marking the North 1/4 corner of said Section 29, thence following the northerly line of the Northwest 1/4 of said Section 28, S89'77'17"E a distance of 1,484.66 feet to the POINT Of BEGINNING. Thence following said northerly line, 589'27'17"E a distance of 1,124.74 feet to said aluminum cap marking the North 1/4 earner; Thence leaving said northerly line of said Northwest 1/4 and following the northerly Ilne of the Northeast 1/4 of said Section 28,S89'25'25"E a distance of 60.00 feet to a point; Thence leaving said northerly line,S00"43'55"W a distance of 659.99 feet to a point; Thence S89'24'23"E a distance of 1,24E.58 feet to a 5/8-inch rebar on the easterly lire of the West 112 of the Northeast 1/4 of said Section 28; Thence following said easterly line,S00'36'13"W a distance of 1,615.76 feet to a 5/8-inch rebar; Thence leaving said easterly line, N77'58'17"W a distance of 1,338.12 feet to a 5j8•inch rebar on the easterly line of the Northwest 1/4 of said Section 28; Thence following said easterly 110e,500*43'55"W a distance of 62595 feet to 2-inch pipe marking the Center 1/4 of said Section 28; Thence leaving said easterly line,500°43'51'1i1I a distance of 24.35 feet to a 5/8-inch rebar; Thence 553'05'53"W a distance of 16.5-3 feet to a 518-inch re bar; Thence N78"07'38"IN a distance of 19AS feet to a 5/8•inch rebar; Thence 589'18'46"W a distance of 45.49 feet to a 518-inch rebar; Thence N86°14'49"W a distance of 63.62 fleet to a 5/$4nch rebar; Thence N88'50'040W a distance of 85.57 Beet to a 518-inch rebar; Thence N80'59'54"W a distance of 36.69 feet to a 5/Nnch rebar; Thence N70`27'41"W a distance of 25.64 feet to a 5/8-inch rebar; Thence S89'15'00"W a distance of 20.04 feet to a 5/8-inch rebar; Thence N86'53'39"W a distance of 189.53 feet to a 5/8-inch rebar; Thence 564'04'03"W a distance of 27.64 feet to a 5/8-inch rebar; Thence N89'14'25"W a distance of 7819.53 teet to a point; Thence N00"52'21"E a distance of 16,96 feet to a point being the Center West 1/16 comer of said Section 28; Thence following the southerly line of-he Northwest 114 of said Section 28, N89'21'12"W a distance of 686.03 feet to a point; Thence leaving said southerly line,N01'00'37"E a distance of 440.40 feet to a paint; 9233 West State Street • 6o6e,iduho$3714 • 208,639,5939 kmengllp.cam Page 29 Thence N89'21'12'W a distance of 625.00feet to a point on the westerty line of the Northwest 2/4 of said Section 23; Thence following said westerly line,NO1"00'370E a distance of 690.74 feet to a point; Thence leaving said westerly fine,573'33'16"E a distance of 483.50 feet to a paint; Thence 578°08'1fi"E a distance of 585.77 feet to a point; Thence 546'56`41"E a distance of 299.29 feet to a point; Thence 1475'51'12'"E a distance of 48.41 feet to a point; Thence N00'52'17"E a distance of 215.98 feet to a 112-inc h re bar, Thence N75`32'13"E a distance of 272.40 feet to a 1/2•inc h re bar,, Thence 30.59 feet along the arc of a-ifcuIar curve to the left,said curve having a radius of 45.00 feet,a delta angle of 38°56'33",a chord bearing of N75°32'13NE and a chard distance of 30.00 feet to a 1/2-inch re bar; Thence N75`37'13"E a distance of 219.13 feet to a 1/2-inch rebar; Thence N00`32'13"E a distance o€1,497.29 feet to a 1/2-inch rebar; Thence S69'18'13"W a distance of 270.56 feet to a 1/2•1nch rebar; Thence N31'55'35"W a distance of 8'.73 feet to a point; Thence 53.14 feet along the arc of a circular curve to the right,said curve having a radius of 115.00 feet, a delta angle of 267919",a chord bearing of N18'41'13"W and a chord distance of 52.67 feet to a 5/8- inch rebar; Thence NOW32'43"E a distance of 125.29 feet to the POINT OF BEGINNING. Said parcel contains a tatal of 128.2U7 acres,more or Iess. Attached hereto is Exhibit 6 and by this reference is hereby made a part of, GIST 12459 m � ar or Client Fruject Name PAGE 12 Page 34 ltem#7. &UMWi1M CAP p POINT OF BEGINNING N 1/4 CORNER BASIS OF BEARING SECTION 28 20 21 W ChIndenBMd(Hwy20/26) _ 589'27'17'E 26DMO' L1 29 �ALIJMINIJM II24.7s' c M POINT OF 4`OMMENCEMEWN NF� Lie �.�8 sw43'55'W c p SECTION 28 MOWro N X i ry CU � o `c fv "9'24'23'E 1246.58' = t!7 z z n = Q N ~ �2 W ` 1 -t ONO 'r m ❑ n n � 1., a 250 saa 1000 m � °u eo L.1' z eti �1�'r { �^. W co 0 W SCALE: 1"m500' y AnFlexatian Arpa:92$.207tAC. 8 54428233640,R5991222210,SO428120950, n = 1 al. S0428131315,50428131200,R6991222101&50428211102 Current Zoning:RUT coj n S41YWOT"E DAN, nECEUMR3030 299.29' yea Ev10JELT•. 3a•1w N69'21'12'W N7rSW17.W SHEM 825.40' W T�.3e•22, 1 OF 2 pp qq M vy Y O Y CENTER—WEST 1/16 CORNER g $ OF SECTION 2B r9i 2- PIPE v CENTER OF SECTION 28 a Nalr21'12V 686.fl3' r 9RAES CJP L4 N89'14'25�I1 789.53' w 1/4 CORNER km SECTION 28 /Lrf`` r r Ll `L5 'Y ERGINEV6.%AVErM.PVNNERS 1 9233 WEST STATE S1q!£T Ll 7 Y L2 WISE,log wmm —L12 L7 LO aE1wtlE lz9a}b G039 LB_!_'LA l3 FA%;Ipp 835i730 Page 31 a � Q a LANE TABLE LINE TABLE �a LIHs GEARING QISTAN CE L14E BEARING QIVANCE C m LI SB9'2525"E 50.00 LI5 N0'52'17"E 215.98 C 't Q c 1.2 8743'51-W 24.35 L16 NM2'13'E 272,40 CO .VT � m 13 S53105'531N 16,53 07 1175'32'13'E 219.15 n L4 N78'07'3111W 19.08 LIB SG9'18'13Yr 270.55 0.1 -a a LS 599'15'4611f +5.49 L19 N31'55'35* 81.73 c Lf) Z LB NW14-49-W 03.62 L20 N0'32'41 E 125.20tw d L7 N68'SO'04-W 85.57 LB HBQ'58'5+1M 36.59 i+ 4 L9 N70"37'41'W 25.64 ❑ ;g L10 S89"15bD-W 20.04 X u w G Ll% NW53'39'W 169.53 U = CL ti 41 T 99Y04103'W 27.64 r+ L13 040'52'21"E 10.96 C L14 N7551'12'E 48.41 a 6 t < q CURVE TABLE DATE GeLWe[R ZOE HO CURVE WIUS LENGTH DELTA CH BRG CHORD wlouen: 16.140 E:1 45.00' 30.59' 3B'56'33'I N7S32'l3-C I 30.0W SHEET: C2 115,Q0' 53.14' 26'26'38`I MEM-13'Yf I 52.E7' 2 OF 2 km EnrmLus.sunvlm�.s.runnms 9i331VLSi SE0.TF STpEET B04E,IOAMKI lliu emome lwwl ei9-HIPi FAX I"634-6910 Page 32 Page 429 km fNaaINEERINa De[emhef 17,2020 Project No.18-140 Exhibit A Legal Dewription for Rezone to C-G Prescott Ridge Subdivision A parcel of land situated in a portion of Northwest 1f 4 and a portion of the West 112 of the Northeast 1/4 of Section 28,Township 4 North, E.ange 1 West,Boise Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner said Section 28, which bears N89'27'17"W a distance of 2,609.40 'eet from an aluminum cap marking the North 114 corner of said Section 28, thence following the northeryy+line of the Northwest 1/4 of said Section 28,599'27'17"E a distance of 1,484.66 feet to the POINT OF BEG I INN INC. Thence following said northerly lane,589'2717"E a distance of 1,124.74 feet to said aluminum tap making the North 1/4 corner; Thence leaving said northerly line and following the easterly fine of said Northwest 1/4,504'43'55"W a distance of 586,55 feet to a 1/2-Inch rebar Thence leaving said easterly sine,589'?5'31"E a distance of 17.44 feet to a point; Thence 500'34'29"W a d+stance of 397o.44 feet to a point; Thence N89'25'31"W a distance of 826.54 feet to a point; Thence N08°32'13"E a distance of 837.,52 feet to a 1/2-inch rebar; Thence 569'18'13"W a distance of 279-56 feet to a 1,12•inch rebar; Thence N31'55'35"LV a distance of 81.73 f"t to a point; Thence 53.14 feet along the arc of a circular curve to the right,said curve having a radius of 115.00 feet, a delta angle of 26'28'39",a chord bearing of N18*41'l3"W and a chord distance of 52.67 feet to a 5/8- inch rebar; Thence N00'32'43'E a distance of 125.29 feet to the POINT OF BEGINNING. Said parcel contains a total of 19.852 acres,more or less. Attached hereto is Exhibit 0 and by this reference is hereby made a part of. �G l +� ,12459� OF L. Is 9233 Went Stete St4eet • Raise,Idaho 83714 • 208.639.6919 • kmr.ngllp.com Page 33 Page 430 Item#15. a o ti a AMMIN11N CAP 07 D POINT OF 8E61NNING W.Chinden Blvd(I Iwy 2d126i N 1/4 C"41M R L.7 {" E1Pw515 OF BEARING }�;EnON an L n 2U 21 589'27'17"E 2fio8.4D' 1 C � 24 28 S89'27'17"£ 14B4.68' U F1R4.7i' - •L ¢ rW32'43'E L0 '> p m 125.294.1 ' e+ N37'S5'351Y 5 �16�5 D7 cu M tri ry 51,73' c t'n D Rezone Area:19.$5t AC. m41 (Li G 50428211102,R6991222101,R5991222210(Portion), O � n SO428120950(Portion),SO428120640(Pnrtion) w o c &$0428 13 1200(Partion) yr x Current Zoning:RUT LU CL a Proposed Zoning:C-C N cJ 0 [G m QP a r Q 0 Yq Z M SBB'25'31'E a 17.44' q ., DATE: CF{EINBER 1070 r; CURVE TABLE i n v�Iscz 1RE°a CURVE RQIUS L114GTIi DELTA CHORDRRG CHORD SHEET: i m 1 OF 1 Ct 115A0' 53.14' 2F2B'39" R1ir4l'l31Y 52.67- NWZV31 V 826,54' kin i EG 1 WiTOP6 PNNF ml Q 100 200 400 I 9133WEST STATE 5:AET 40V4,-I)ANO 63714 PNpNi Pw)6150n SCALE: 1'=200' oAx Izoei sss4sx Page 34 Page 431 Item#15. km E N G I N E E R I N G April7,2020 Project No.18.140 Exhibit A Legal description for Rezone to R-8 Prescott Ridge Subdivision A parcel of land situated in a portion of the West 1/2 of the Northeast 1/4 and a portion of the West 1/2 of Section 28,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho and being mare particularly described as follows: Commencing at an aluminum cap narking the Northwest corner said Section 28, which bears N89'27'17"W a distance of 2,609.40 feet from an aluminum cap marking the North 1/4 corner of said Section 28,thence following the northerly line of the Northwest 1/4 of said Section 28, S89°27'17"E a distance of 2,609.40 feet to the POINT OF BEGINNING. Thence following the northerly line of the Northeast 1/4 of said Section 28,589"25'25"E a distance of 60.00 feet to a point; Thence leaving said northerly line,500'43'55"W a distance of 658.99 feet to a point; Thence S89"24'23"E a distance of 1,248.58 feet to a 5/8-inch rebar on the easterly line of the West 1/2 of the Northeast 1/4 of said Section 28; Thence following said easterly fine,500'36'13"W a distance of 1,615.76 feet to a 5/8-inch rebar; Thence leaving said easterly line, N77`58'17"W a distance of 1,338.12 feet to a 5/8-inch rebar on the easterly line of the Northwest 1/4 of said Section 28; Thence following said easterly line, 503°43'55"W a distance of 625.95 feet to 2-inch pipe marking the Center 1/4 of said Section 28, Thence leaving said easterly line,S00'4V51"W a distance of 24.35 feet to a 5/8-inch rebar; Thence S53°05'53"W a distance of 16.53 feet to a 5/8-inch rebar; Thence N78"07'38"W a distance of 19.68 feet to a 5/8-inch rebar; Thence S89"18'46"W a distance of 45.49 feet to a 5/8-inch rebar; Thence N86°14'49"W a distance of 63.62 feet to a 5/8-inch rebar; Thence N88°50'04"W a distance of 85.57 feet to a 5/8-inch rebar; Thence N80°59'54"W a distance of 36.69 feet to a 5/9-inch rebar; Thence N70°27'41"W a distance of 25.64 feet to a 5/8-inch rebar; Thence 589°15'00"W a distance of 20.04 feet to a 5/8-inch rebar; Thence N86°53'39"W a distance of 189.53 feet to a 5/8-inch rebar; Thence 564°04'03"W a distance of 27.64 feet to a 5/8-inch rebar; Thence N89°14'25"W a distance of 799.53 feet to a point; Thence N00°52'21"E a distance of 16.96 feet to a point being the Center West 1/16 corner of said Section 28; Thence following the southerly line of the Northwest 1/4 of said Section 28, N89'21'12"W a distance of 686.03 feet to a point; Thence leaving said southerly line,N01'W37"E a distance of 400.00 feet to a point; Thence N89°21'12"W a distance of 625,00 feet to a point on the westerly line of the Northwest 1/4 of said Section 28; Thence following said westerly line,N01'00'37"E a distance of 690.74 feet to a point,- 9233 West State Street a Boise,Idaho 83714 • 208.639.6939 • kmengllp.com Page 35 Page 432 Item#15. Thence leaving said westerly line,571'33'15"E a distance of 483.50 feet to a point; Thence 578°08'16"E a distance of 589.77 feet to a point; Thence 546'56'01"1 a distance of 299.29 feet to a point; Thence N75'51'12"E a distance of 48.41 feet to a paint, Thence NOO°52'17"E a distance of 215.98 feet to a 1/2-inch rebar; Thence N75'32'13"E a distance of 272.40 feet to a 1/2-inch rebar; Thence 30.59 feet along the arc of a circular curve to the left,said curve having a radius of 45.00 feet, a delta angle of 38'55'33",a chord beari7g of N75'32'13"E and a chord distance of 30.00 feet to a 11 2-inch re ba r; Thence N75'32'13"E a distance of 219.13 feet to a 1/2-inch rebar; Thence NOO°32'13"E a distance of 659.67 feet to a point; Thence 589'25'31"E a distance of 279.95 feet to a point; Thence 5D0'34'29"W a distance of 420.05 feet to a point; Thence S89°25'31"E a distance of 275.60 feet to a point; Thence 82.73 feet along the arc.of a ci•cular curve to the right,said curve having a radius of 150.00 feet, a delta angle of 31`36'09",a chord bearing of 573°37'27"E and a chord distance of 81.69 feet to a point; Thence S57°49'22"E a distance of 138.32 feet to a point; Thence 275.78 feet along the arc of a circular curve to the left, said curve having a radius of 500.00 feet, a delta angle of 31°36'09",a chard bearing of N16*22'33"E and a chord distance of 272.30 feet to a point; Thence N00°34'29"E a distance of 233.13 feet to a point; Thence 589"25'31"E a distance of 496.43 feet to a paint; Thence NO0°36'19"E a distance of 294.85 feet to a point; Thence N89'24'23"Uv a distance of 496.59 feet to a point; Thence N00`34'29"E a distance of 122.33 feet to a point; Thence N89'25'31"W a distance of 17.44 feet to a point on the easterly line of the Northwest 114 of said Section 29; Thence following said easterly line, NO7'43'55"E a distance of 586.55 feet to the P01NIT OF BEGINNING. Said parcel contains a total of 99.532 acres, more or less. Attached hereto is Exhibit B and by this reference is hereby made a part of. ()i L �h►p �lST 12459 0 M gT o F Client Project Name PAGE 2 - Page 36 — Page 433 Item#15. POINT OF BEGINNING o ALUMINUM CAP _ N 1/4 CORNER E SECMDN 28 BASIS OF BEARING W,ChIndenBlvdI Hwy 20/25i CL —589'27'S7"E m `p t7 C Y POIElr OF COMMENCIEMEW C m Q KW CORNER P 50743'55'W �i .0 SECTION 28 fi58.B9 N m I - •7 a N k � I Mly o w L243 S 89.24'23'E 7248,58 Otv G� rZ L22 589'25'31'E w0N.7 CwD0 279.95' N N +i 498.43' U0 250 500 1000 w � fl1 ul x Lw LuSCALE: 1"=500' LIB Sj 44F 3773 o C? _ +� Rezone Area:99.53±AC. bL2 589'2 '3 78•G8.1 0-1 50423233640,R6991222210(Portion),50428120950(Portion), h a a 589•77' 4z6 CS S0428131315&504281312GO(Portion) ¢ o Current Zoning:RUT S46'58'01"E Proposed Zoning:R-8 CAM nvRuruzu 290.29' 04 PROJEU MAO N 025.00' w +v7r5a':7-y �3•t9.1a• SHE 1 OF 2 ❑ M � N 'no CENTER-WEST tr16 CORNER g r OF SECTION 28 N PIPR OF SECTION 28 g N69'21'12"+N 686.D3' i1 �� — BRM CAP 03 N89'14'25'W 7B9.53' _ T W 1/4 CORNER lam SECTIAN 29 JJrr —~ WGiNCEPS.S L FVO ASLg !M)WEST STR"E 5T RPE: AE 1 L71 DSr•IPA110B3714 2 L7 L6 MON E17o 63914" ` N NEfi4 La iAY r148f 6396930 Page 37 Page 434 Item#15. o — 0 B- a LINE TR9LF LINF TABLE ,� p u LINE MUM ING dSTRHCE uaol: 11F1121NG O15'fSHLE n a Lf sw2v25-E 6[L00 05 NO3PWE MAPS LA C LP 50'4051*1' 24.35 L78 H75'32431 27Z40 � m L3 553'05'5Yml1' 18.53 L17 H7532'131 2111.13 Q }� ++L4 M75'tl7'381F 19.88 L79 589'25 _c '31'E 275.80 7 A 1S 589'18'461W 46.i9 L19 53748'22"E 1'u68P O V] a �' IV LO H99'14'49Y/ 53.82 L20 N014'WE 233.73 IV Y 0 H88'S0'041Y 85.57 L21 NO'38'19Y 294.85 p ry to N80'S9'WW 35,60 L22 NW24'23-R 49LSS L9 N70'27'4111 25.64 L23 N6'74'29E 12233 LIO SW I' 1'00^N 20.04 L24 H59'25'31jN 17.44 t VV7 3 G s NGII'M'Wh 189M L25 Npi3'S5t 516,55 W Lt y N L12 S84'04'03"N 27.54 e 1_E3 HP52'21 E 16.90 C 0 3. 04 N75'5117.E 40.41 C iv O = a Q `o CURVE TABLE ENSE 4rcm7WD GURVE RADIUS LENGTH DELTA SHOR ORG [MM11 nwrn: nau CY ►SW 30.59' 3tr98'33' HMS21131E 30.00' SHEET_ CIL 1L0.00' W-73' 31'36'09" S73'S7'27t 81.W d OF 2 CS 500,00' 275.78' 31'38'09' H1C22'S3'E 272.37 ENGINEFAS SuxYP'Pas.rilW":� 933f wLy1�F05*IREi iE1�O A 31k4 �ifwl ww „fAi i]OLi 6l}f�A Page 3$ Page 435 Item#15. km E N G I N E E R I N G April 7,2020 Project No.18-140 Exhibit A Legal Description for Rezone to R-15 Prescott Ridge Subdivision A parcel of land situated in a portion cf Northwest 1/4 and a portion of the West 1/2 of the Northeast 114 of Section 28.Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner said Section 29, which bears N89°27'17"W a distance of 2,6C9.40 feet from an aluminum cap marking the North 1/4 corner of said Section 28, thence following the northerly line of the Northwest 1/4 of said Section 28, S89'27'17"E a distance of 2,078.14 feet to a point; Thence leaving said northerly line,SCO'43'55"W a distance of 983.71 feet to the POINT Of BEGINNING. Thence S89°25'31"E a distance of 546.59 feet to a point, Thence N00"34'29"E a distance of 275,11 feet to a point; Thence 589'24'23"E a distance of 496.59 feet to a point; Thence 500"36'19"W a distance of 294.85 feet to a point; Thence N89°25'31"W a distance of 496.43 feet to a point; Thence S00'34'29"W a distance of 233.13 feet to a point; Thence 27S.78 feet along the arc of a circular curve to the right,said curve having a radius of 500.00 feet, a delta angle of 31°36'09",a chard bearing of S16'22'33"W and a chord distance of 272.30 feet to a point; Thence N57'49'22"W a distance of 138.82 feet to a point; Thence 82.73 feet along the arc of a circular curve to the left,said curve having a radius of 150.40feet,a delta angle of 31'36'Q9",a chord bearing of N73°37'27"W and a chard distance of 81.69 feet to a point, Thence N89'25'3VV a distance of 275.60 feet to a point,- Thence N00'34'29"E a distance of 420.05 feet to the POINT OF BEGINNING. Said parcel contains a total of 8.822 acres,more or less. Attached hereto is Exhibit B and by this reference is hereby made a part of. T 12459 Q a fi OF L. BAy1'�` 9233 West State Street • Poise,Idaho 83714 ■ 208.639,6939 0 kmrngllp.com Page 39 Page 436 Item#15. 1 rl Q1 ALUMINUM CAP N 1/4 CORNER ql BASIS OF DEARNG SECTION 28 m 20 21 'SW27'17��2509.4.0 W.[hinden 91ad(HOLY�0176} a C� 29 28 2078.14' — f — — — Lr7 � a a a POINT OF COMMENCEMENT I > m m ALUMINUM CAP 0 C NW CORNER — SECTION 26 F f (1) �- a V) 5B9 24'23"E 496,59' — a) ^ I �I cc Uq ° o ' [Y] io 0 I POINT OF BEG: NNINC { S89'25'41"E 546.59' I y m r m ff Rezone Area: 8.82±AC. N89.25'31"W 496.43' Q R6991222210(Portion)& N .2 o nL 950(Portion) n ° Zoning:RUT a Zoning:R-1SOAif: APRIL 70.'MPA61EC1' 18.1d0SHEET:I1OF1 1 275,60' C2 CURVE TABLE N57'49'22'W 0 100 200 400 CURVE RADIUS LENGTH DELTA CHORD ORG CHORD 138.82 CS 500.00' 275.78' 31'36'09" 51622'WW 272.30' I SCALE: 1"=200' EHGINEEFS.SIJAVETOfl9.PLANNERS 9239 WEST$TATE STREET C2 150.00' 92.734 31'36'09' N73'37'27W 81.69' DOSE,IDAHO M14 PHOK Ime}fi39.69;9 FAX{208I6344910 Page 40 Page 437 Item#15. C. Preliminary Plat(date: 8/28/ 020 1W21n0 1 1/20/2-0 12/22/20).Phasing Plan & Lot 1 ,,you!fi hibi, REVISED PRESCOTT PRELIMINARY PLAT SHOWING -- --- - I� — A PARCEL Of LAND SITVATEO IN A PORTION OF THE NORTHEAST 1 I OF THE NOR THWE T 11A OF SECT ION 29.TOWNSHIP 4hOFITH, r"I _� --�1]�� RANG E1WE51,8019 M ERIO�MI,AOAWl1N'fY,IDAIIO __A----'�--- " 1 ..� _e�-�Zf — r..� aanjrrauo oT - 7 q I 2 I 4• •.4 p 0 B �d a 2 q q M q I 'D B V ®�. � 0 D f��0 0 p�O 0 RHUM IIODGE SIIBONI i �. a N rm`®D w e - 8 F�� e D e m ®� a I MExroulll,ioA�lp - o Q a •Dee ■ r ii e o ; � ®+m m u m a D i I r _ - km e - - :•�:• Page 41 Page 438 Item#15. WSJ ; f's ` fll 71 1 Id�! 5' T aimr J ,1— 1 ..Y PM Qn F 4E UMN I, r W.luoA,µ�bRNo ergo g' MFTOi I,R�-SEE SHEET PP2.2 1 1 a•'� ti I '. 1 � ♦ r 9 1 �I,—_ems 9 Al f _ ♦\ �� _ ._� � _� � �_ •r� Any;. E- f , r �• .- . . _ `- .,, � �.. __:'_ � t •'.-I � . -? - J-Jam..-_e -x--'.w,.,,�Y r ,.- • r G r =: -��.75'.1",a _ •{''r RriWi1 MCGF SUB0N15 y, 1:, 3 T Fi 9 c R + •A _. a L 5 Ej1 { s la y e .: $ r .i, MER,21AM.0 H0 1 3 y N117 IA___i� _i_�S'_�_i�_G-Jl fit LMOUT PLAN _ - -- Page 42 Page 439 Item#15. —� --------- -- ---------------.- _ Fly Ix k I• .. �-�r �i�j Y I ! i. Tom'•i•�-•-. ,n � -• ~+.. I e j,_..,, � 7�R MATCH IINE•SEE SH CET PP2.1 FII LAYOUT N FLA ♦♦ Y.':lf s 'y 6 _ - _____ —q 4 _ fl n ♦.. _ T lw�.° 71 � ff ♦ @!I 9 1 Ir I _ Y PP7 7 1 1 [+E 1 a xl Ir 71 1 W E 1 w � 1 4 Al � rl �_----- r--------------- 1 MATCH LI HE•5EE SHEET PPI.4 -------------- 1- •� -_ 1 1 r I is = A �• �1 W . _ __ 0 1•a FESCOT11176F5 YE �n krn- ----j- --------- r- MATCH LINE,SEE SHEET PPi.! Page 43 Page 440 Item#15. ----- .- ------ ---------..---_-_ i6 ---------- �i 1 1 1 r r i r I r 1 i � I �i �+ I �i i r 1 r r r I r r ' I r r 1 I 1 r 1 1 r 1 / I I I I _ _ 1 t r Page 44 - Page 441 Item#15. I'hIRSE aIJLQTS L LpT5 � I 69 2 iA sr � IHASE 1 m SQ 7 G _ r ..' _ F LCTS ALE 37'J o y L4 a rHA-•E p s 'I' PIN - w } km ,.. 1 I N G k N II6ING _ H .E ? 1OF1j �L[�jIJ r�a�scale�•-aua Page 45 — Page 442 Item#15. D. Landscape Plan{date.- 8Q6QA20 '019Q020 1 i A nQn 12/22/20 —REVISED '•_T"L.•S.L^.,7, �:^�..,^"`S.'-14 o}lM1 S>'RLL lOf MGS 1 a7i f---?msrsas �• 7 a " %04 'TUTALOkW WALE NEES b STAiECL TtEE I1EIlE V351E1 . �`-� �I- r- a,� _q nLiww►+Tou[uuT�oEe - •- Mn4WTON PFNmfJEN.s +�_—u RESCOR NIA!Rkis SI krn LANDSCAPE SITE PLAN '� -M --_-- PPLtA Page 46 Page 443 Item#15. 4if Y •�- _ _��a-a�a�-ter f i r � 1 --------- -------- Page 47 Page 444 Item#15. 1 �f - Imo•/ QA MOM 1 � II • ■`ram —�...��� KMgM1.R4+? �..-. - �....�..��------------ram_ �.. Al Page 48 Page 445 Item#15. 7 � . r am -SFILr--- �.• ./lL7 ash'.—�..�-_ Page 49 Page 446 Item#15. E. Qualified Open Space Exhibit& Site Amenities (dated: W26/20 10/9/2 n 12122121)}—REVISE❑ PRESCOTT RIDGE SUBDIVISION _ IAMWTM S OPEN SPACE EXHIBIT sue.Yaan ;, Y'— Ill - 1 E I .n ■ _— � PEEPER•A10E II '� f Y ���•- f-iF ■ �. - I ....-e • r`R INIr■�� h r Y F � � ■� �, -_ .a"'"'-' .r ' �uFS[01T R111GE 511lpYe510N T'n w. r Y l r r w�ip N e ! MEPIOIAHw ORFIO peso Page 50 Page 447 Item#15. AMENIMIE5 T r A•POOL AND CLUBHOUSE 15605E 9UILDING T S*X30'PDOL IT PARNING SPACES ' R� -- '�•-•d 6-LA*GE 7m LOT C- rOT LOT n g E o•DOG PARKIPOCKE7 PARK PRE SC�.JTT .i .w' E-OPEN SPACE s •MEW RIDGE G-PROPERTY MANAGEWNT + NLTlouv-rotib �, E• q � '- OFFICE.ENCLOSED BIKE .a,.-.... LJ STORAGE.CENTRAt. - G WILSOX CLUSTER.AND OWTORYAAAP ,-_:J4B 1 y -.J ✓ A SCHEMATIC CLUBHOUSE saw 8 LARGE TOTLdT SMALL TOT LOT p DOG PAR POCKET PARK Page 51 Page 448 Item#15. F. Parking Plan (dated:41912 10/21/2020)—REVISED I v } '20 K S "r 3 _ fi — — F'AFtK I NCs E KN18i r ec.m i.an aenwc ecr Page 52 - Page 449 Item#15. G. Conceptual Building Elevations/Perspectives -REVISE❑ SINGLE FAMILY HOMES u 'S■�� PRESCOTT RIDGE - - TOWNHOMES FOUR-PLED(FLATS a B 715 kip a� �6- m C Page 53 Page 450 Item#15. s_ Three-story Hospital Watercolor Rendering �MIlung MERIDIAN HOSPITAL TEST FIT H C A;� In.1%2' Healthcare Page 54 Page 451 Item#15. H. Parcel Status Exhibit IandproDATA Parcel Status Exhibit R6991222101 -Wheaton Legal parcel as a platted lot SO428211102-Roark within Peregrine Heights Legal parcel per e-mail Subdivision and e-mail from from Brent Danielson Brent Danielson dated l 6.26.19. dated$.28.19, W 20 w Cbinden Blvd C I SO428120640-Providence Illegal parcel,but will become AC right-of-way per Christy Little e-mail dated 11.6.19. R6991222210-Roark - Legal parcel as a platted SO428131200-School [at within Peregrine Illegal parcel,but included Heights Subdivision. with this application to SO428233640- Hon rectify illegal status. Legal parcel per e-mail from Brent Danielson dated 9.5.19. - ❑ col SO428120950& 50428131315- Kuenzli House parcel is legal. Remainder is illegal, but will be rectified s7 50428233620-Thomson by this application.�`oA Legal parcel per a-mail from Brent Danielson dated 9.5.19. 43°39'13.74"N 115°27'15.48"W A'np 9lti 82G t i Aug 26r 2019-IandproVATA.com The materials avallahle at this we Mite are for informational Scale!1 inch approx 600 feet purposes only and do not constitute a legal document. Page 55 Page 452 Item#15. IX. CITYIAGENCY COMMENTS & CONDITIONS A. PLANNING Dtv15ION FeVlSed an d su bmitted to the City Cl erk at least 10 days prior to th e City Connell hearin g to developments-The eeneeptual development pinn for the eammer-eial,C G zoned portion of the site,shall be , the mked use guidelines in the Campr-ehensive Plan (pg.� 13). not limited to pmr-ks,plazasi outdoor-gathering areas, open spnee,libraries, and sehgols aimexwfioip area does no!safkfi;this",mhwmefft as it is nos part of the4K.ved U-se desknom tea: • Development of the Afixed Use designated oren shall be eenter-ed fir-ound spHees that are well designed pubile and qHasi public centers of activity.Spaces should he activated and HeBFPHr-IIW per-faunent design elements and amenities that faster HAride vafietj 0 nterests r-iinging from 16sur-e to play.These nreas should be the ughtfulb,integrated onto the development and further placemnicing opportunities considered. development shall he shifted to the north to front on the main ent", drive aisle off N R"stie Oak Way as a better-transition tO the Fesidenees to the seuth. • A commereWl land use t�,pe shall be included on the plan in !he MU R designated area I, A Development Agreement(DA) is required as a provision of annexation of this property. At the Applicant's request,three(3)separate DA's shall be required for each component of the project—one for the R-8 and R-15 zoned residential portions of the development, one for the medical campus and another for the school district's parcel. Prior to approval of the annexation ordinance, Development Agreements shall be entered into between the City of Meridian,the property owner(s)at the tirne of annexation ordinance adoption, and the developer(s). CUITently, a fee of$303.00 shall be paid by the Applicants to the Planning Division for each DA prior to commencement of the DA's. The DA's shall be signed by the property owner(s)and returned to the Planning Division within six(6)months of the City Council granting the annexation.The DA's shall,at minimum, incorporate the following provisions: a. R-8 and R-15 zoned portions of the development: 1. Future development of the R-8 and R-15 zoned portions of the site shall be generally consistent with the master plan,preliminary plat,phasing plan, landscape plan, qualified open space& site amenity exhibit, and conceptual building elevations included in Section V1I1 and the provisions contained herein. - Page 56 — Page 453 Item#15. 2. Administrative design review shall be required for all single-family attached, townhorne and multi-family structures. Compliance with the design standards for such listed in the Architectural Standards Manual is required. 3. The rear and/or side of strictures on Lots 2-6, Block 4; Lots 2-7, Block 1; Lots 8 and 9- 15, Block 9; Lot 16, Block 7; Lot 2, Block 12; Lots 2-14, Block 10; Lots 2-16 and 29, Block 14; Lot 68, 70, 81-83, and 77-79, Block 12; and Lots"Z�,T✓42,45 and-74 C7, Block 8 that face collector streets (i.e.N. McDermott Rd.,N. Rustic Oak Way and W. Ramblin St.), shall incorporate articulation through changes in two or more of the following: modulation(e.g. projections, recesses,step-backs,pop-outs), bays, banding, porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. SIfigle-stoi-v structures a?-&exempt f om this requireniew. 4. A conditional use permit shall be obtained for a multi-family development in the R-15 zoning district as set forth in UDC Table I 1-2A-2. The use is subject to the specific use standards listed in UDC l 1-4-3-27: Multi-Family Development. 5. One management company shall handle the leasing and maintenance of the entire multi- family development to ensure better overall consistent management of the development. 6. An electronic gate that is approved by the Fire Department shall be provided for access to Serenity Ln. from the south, 7. Noise_abatement for the future SH-16 extension shall be provided in the form of berm_ or a berm and wall combination parallel to N. McDermott Rd. constructed in accord with the standards listed in UDC 1]-3H-4D. b. Medical campus/hospital: I. Future development of this site shall be generally consistent with the master plan, preliminary plat,phasing plan,landscape plan and conceptual building elevation included in Section VIII and the provisions contained herein. 2. Future development shall comply with the design standards listed in UDC I I-3A-19 and in the Architectural Standards Manual. 3. Noise abatement shall be provided in the form of a berm or a bean and wall combination parallel to W. Chinden Blvd.ISH 2O-26 constructed in accord with the standards listed in UDC 1]-3 H-4D. 4. A minimum 30-foot wide buffer with an 8-foot tall CMU wall shall be provided along the western and southern boundaries of the site adjacent to residential uses as proposed on the landscape plan in Section VIII.D. Dense landscaping consisting of a mix of evergreen and deciduous trees, shrubs, lawn or other vegetative ground cover that results in a barrier-that allows trees to touch at maturity is required per the standards listed in UDC 11-3B-9C.The block wall shall be decorative and have texture and a color complimentary to adjacent residential structures—plain CMU block is not allowed. 5. A frontage road parallel to W. Chinden Blvd./SH 2O-26 shall be constructed as depicted on the conceptual development plan in Section VIII.A in accord with UDC 11-3H- 4B.3e. 6, The hospital building shall be restricted to 3-stories in height as_proposed- Page 57 Page 454 Item#15. 7. The entire first floor of the medical office building shall consist of retail and restaurant uses as proposed to provide a mix of uses as desired in the Mixed-Use designated area in accord with the Comprehensive Plan. 8. The final design of the site shall be consistent with the general Mixed Use and Mixed Use- Regional guidelines in the Comprehensive Plan see pgs. 3-13 thru 3-I5 and 3-18 thru 3-19). 9. The buffer along the west boundary of the site shall incorporate a 2-foot tall berm with an 8-foot tall wall on top of the berm to assist in blocking the noise from the commercial development ifapproved by the Peregrine Heights Homeowner's Association{HOA). if not approved by the HOA,the landscaping and wall shall be installed as depicted on the conceptual development plan. 10, City Council deemed access for the e�enev room via Rustic Oak;a collector street. moets_the inWit_of theme xeauimm nt its 3]PC_Li_4-_-22A__f r t�l .pry g emergency+care to have direct access on an arterial street. 11. The hospital-shall not 12ursue being designated as_a trauma center per direction of Cit Council. --- Pnery-detw eemTaHew o .f Me hatqifal tos . C. School Site: 1. The subject property shall develop with an education institution; any other uses shall require modification of this agreement. 2. A conditional use pen-nit shall be obtained for an education institution in the R-8 zoning district as set forth in UDC Table 1 1-2A-2. The use is subject to the specific use standards listed in UDC 1 1-4-3-14: Education Institution. 3. Future development shall comply with the design standards listed in UDC 11-3A•-19 and in the Architectural Standards Manual is required. The final plat(s)submitted for this development shall incorporate the following changes: a. Include a note that prohibits direct lot access via W. Chinden Blvd.ISH 2O-26 unless otherwise approved by the City and the Idaho Transportation Department_ c. Depict cross-accesslingress-a&,ress easements to adjacent MU-R designated properties to the west(Parcels#R6991221700& R6991221600)and east(Parcel#R6991222101) in accord with UDC I 1-3A-3A.2. 97 Page 58 — Page 455 Item#15. e. Depict the easement(s) for the West Tap sub-lateral, if the easement(s) is greater than 10- feet in width, it should be placed in a common lot that is a minimum of 20-Feet in width and outside of a fenced area, unless modified by City Council as set forth in UDC l 1-3A-GE. designP Re stivets (alleys and/or eommon driveways may be ineefporated)t or, if private sir-eets are w4h iownhome siyle uniis might be a deN-elopinent option for this armea. A revised concept plan shall he piresented p4or to or at the Commission hearing far review and a r-e,, plat r-efleefing this ehange shall be subwAtted at least 10 dfivs prior to the 0ty counea hearing. if private streets are propesed with a townheme develapment, a mew eir gi pro vate streets shou Id be PFavided in aeeord with UDC 11 3 F 1.Also,pr-ovide updated density ealeulations; g. Lots 70-83, Block 12 in the multi-family portion of the development shall be revised to depict parking and access driveways on a common lot with an ingress-egress/parking casement for each buildable lot. A revised plot shall be s0mitted jat least to days p to the City Couneil hearing depietiHg this .Done h. Extend W. Smokejumper St. as a stub street to the out-parcel (Parcel#S0428233620) at the southwest corner of the site. 3. The landscape plan submitted with the final plat application shall be revised as follows: a. Depict a detail/cross-section of the benn or berm and wall combination required as noise abatement within the street buffer along W. Chinden Blvd.ISH 2O-26 and N. McDermott Rd.; also address how the wall will be constructed to avoid a monotonous wall, that demonstrates compliance with the standards listed in UDC 11-3H4D. c. Depict a detached sidewalk/pathway(as applicable)along all collector streets (Le. N. McDermott Rd„N. Rustic Oak Way and W. Ramblin St.)and W. Chinden B1vd.ISH 2O-26 in accord with UDC 11-3A-17. A detached 10 foot wide inulti-arse pathway is required within the.street buffers along N. McDermott Rd., W. Chinden Bh d.15H 20-26. the east side oj'N. Rustic Oak K'a7,and W. Rainblin St. d. Landscaping shall be depicted on either side of all pathways as set forth in UDC 11-3B- 12C. e. If existing trees are proposed to be removed.from the site,the Applicant shall coordinate with Matt Perkins,the City Arborist,to determine mitigation requirements per the standards listed in UDC 11-3B-10C.5. Mitigation information shall be included on the plan. If existing trees are proposed to be retained on site,they shall be depicted on the plan. f. A calculations table shall be included on the plan that demonstrates compliance with the landscape standards listed in UDC 1 1-3G-3E(common open space), 1 I-3B-1.2C (pathways), 11-3A-17(parkways)and 1 I-3B-7C(street buffers); calculations should include the linear feet of pathways,parkways and street buffers and square footage of common open space as applicable, along with the required vs. provided number of trees. g. Revise the fencing type around the perimeter of Lot 1, Block 2 and Lot 37, Block 12 to comply with the standards listed in UDC 11-3A-7A.7 to provide more visibility of the common areas in accord with OPTED design strategies. h. Include a detail of the amenities proposed with each phase of development. Page 59 - Page 456 Item#15. i. The CMU wall proposed along the south and west boundaries of the commercial portion of the development shall have texture and a color complimentary to adjacent residential structures—plain CMU block is not allowed; revise the detail (i.e. reference photo) accordingly. j. Depie! lot numbers and landseaping for common areas in the iawWiome portion of the k. If a dog park is proposed on Lot 1, BIock 2,demonstrate compliance with the standards listed in UDC I].-3G-3C.lh. 1. Depict a small tot lot on Lot 12, Block 6 rather than a large tot lot, consistent with that shown on the site amenities plan. m. Modify the landscape plan consistent with changes required to the plat above under condition IX.A.2 above. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables I I-2A-6, 11-2A-7 and 11-2B-3 for the R-8, R-15 and C-G coning districts respectively. 5. Off-street parking is required to be provided for residential uses in accord with the standards listed in UDC Table 1 I-3C-6 and for commercial uses in accord with the standards Iisted in 1I- 3C-6B; bicycle parking is required in commercial districts as set forth in LTDC 11-3C-6G per the standards listed in UDC l I-3C-5C. ehanges noted above on eandition#,4.2fand that provides for-adequnie guest pfirldng4o serve this portion of the developmefW. 6. An exhibit shall be submitted with the final plat application(s)that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed via common driveways; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11-6C-3D. 7, Address signage shall be provided at the public street for homes accessed via common driveways for emergency wayfnding purposes. 8. Common driveways shall be constructed in accord with the standards listed in UDC I I-6C-3D. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 71ris injbi- ialion inuu he inchided in a mate on the ice c?f the plat rather-than in a Separate easement. plat in the townhome portion of the development in Block 8 are no!approved. Consequently, 10. All existing structures shall be removed from the site prior to signature on the final plat by the City Engineer for the phase in which they are located. 11. Pathways shall be constructed in accord with the standards Iisted in UDC 11-3A-8. 12. A 14-Foot wide public pedestrian easement shall be submitted to the Planning Division for the 10-foot wide multi-use pathways proposed within the site as required by the Park's Department, prior to signature on the final plat by the City Engineer for the phase in which they are located. Page 60 Page 457 Item#15. 1.3. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of any building permit applications for the clubhouse and swimming pool facility,single-family attached,townhome, multi-fancily and commercial structures. All structures except for single-family detached structures are required to comply with the design standards listed in the Architectural Standards Manual. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1,1.1 This proposed development is not currently serviceable by the Meridian City water and sanitary sewer systems. Mainlines designed to service this development are within The Oaks North Subdivision to the south. Until utilities are available to the south boundary of the proposed development, the City of Meridian will not accept an application for final plat, 1.1.2 Sewer mainline/manholes are not allowed in common driveways or under sidewalks. Run service lutes down comm-non drive but make sure required separation can be met. 1.1.3 The planned sewer trunk line will enter this property at N. Rustic Oak Way. 1.1.4 The sewer line in N. Rustic Oak Way shall be 1 0-inch all the way to Chinden Blvd. l.1.5 The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in the amount of$265.25 per equivalent residential unit(ERU). The reimbursement fees for the entire residential potion of this subdivision shall be paid prior to city signatures on the first final plat. l,1.6 The applicant shall be required to pay the Oaks Lift Station Pump Upgrades Reimbursement Fees in the amount of$185.43 per equivalent residential unit(ERU). The reimbursement fees for the entire residential portion of this subdivision shall be paid prior to city signatures on the first final plat. L L7 As noted in the Geotechnical Evaluation Report prepared by GeoTek Inc.,all artificial fill materials on site must be removed. 1,l.8 New I2-inch water main will need to be installed in parts of W Sturgill Peak St,N Jumpspot Ave,W Parachute Dr,N Streamer Way, W Smokejumper St and N Rustic flak Way. 1.1.9 Construct water main in N Streamer Way between W.Parachute Drive and W. Fireline Drive. 1.1.10 Water connections to the north need to be facilitated either by extension of a mainline or and easement in common area Lot 19, Block 1,or off the end of the cul-de-sac to the property line. This is dependent on how road connections to the north are designed and developed in the future. 1.1.1 1 Remove the water main proposed in N Serenity Avenue. At the intersection of N Serenity Ave and W Tanker ❑r. Install a tee at the branch off point with an isolation valve directly attached to it and then cap off the outlet side of the valve.This allows the tap to be installed and pressure tested so if the existing County Subdivision wants to connect in the future they can easily do so. 1.1.12 Water& sewer need to flip locations in N Backfire Way. Currently these lines are not in the proper corridor. Water should be located on the east side of the road&sewer an the west.. Page 61 Page 458 Item#15. 1.l.13 Eliminate stub/dead-end water main at each corner of the townhome section off of W Wildfire Dr of the development. Services are only allowed in these areas just Iike common drives. 1.I.14 A water connection to the east(near N Static Line Ave and/or townhome section off of N Rustic Oafs Way)needs to be enabled by either an extension of water mains to the property line or an easement. This is dependent on road connections to the east. 1.1.15 Water modeling was completed both as an entire development and at each phase per the phasing plan included in this record. This development was modeled with the 12" mains through the subdivision as required above,and the rest of the mains were modeled as 8". Per this plan there are no pressure issues,but each phase will need to be modeled at Final Plat to verify there aren't any pressure issues. 11.16 The geotechnical investigative report prepared by SITE Consulting, LLC indicates some very specific construction considerations. The applicant shall be responsible for the strict adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes. 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. 1.2 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 34-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. 7.5 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. Page 62 Page 459 Item#15. 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 1 I-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2 7 Any 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 S. Whitnev at(208)334-2190, 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-14 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 pen-nits. 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 l 1-5C-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 1 i-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. Page 63 Page 460 Item#15. 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 perfonnance surety in the amount of 125%of the total construction cost for all incompiete 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 887-22.11. C. FIRE DEPARTMENT https:llweblinkmeridianci&olg1WebLinklDoc View.aspx?id✓188367&dbid=0&1.gRo=MeridianCitL, D. POLICE DEPARTMENT https:llweblink.meridiancity.arglWebLink/Doc View.asp_r?id=188188&dbid=0&repo=MeridianCit7, E. PARK'S DEPARTMENT his:lliir blifik.tneridianeity.orglWebLinklDoelfie-w.a x?id 191860&dbid=O&rWo=MeridianCity F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:11weblink.nzeridiancih%arg1We6LinklDoc View.aWx?id 18973&&,dbid=0&rWo=MeridianQb G. ADA COUNTY HIGHWAY DISTRICT(ACHD) Iattps:Ilweblirrk.meridiancitl.o?glWebLinklDncView,aspx?ick=192b46&dhid=0&repo=MeridianCiti, H. SETTLER'S IRRIGATION DISTRICT(SID) https:llwehlink meridiancity.orglWebLinklDocView.gspx?id1=188429&dbid=0&repo=MeridianCih� 1. CENTRAL DISTRICT HEALTH DEPARTMENT https:llweblink.meridiando,.orglWebLinklDoc View.a x?id=188183&dbid=0&repo=Meridian City J. WEST ADA SCHOOL DISTRICT(WASD) Page 64 - Page 461 Item#15. https:llweblinkmeridiancity.orglWebLinklDoc View,aspx?id-188717&dbid O&Lcpo=Meridian City K. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:Ilweblink.meridiancity.oiglWebLinklDoc View,aspx?ir-188717&dbid=O&repo=Meridian City Page 65 Page 462 Item#15. 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 snap amendment complies with the applicable provisions of the comprehensive plan: The City Council_finds the proposed--oning nzap amendment to R-8, R-15 and C-G zoning districts and proposed development is generally consistent with the MDR and MU-R FLUM designations in the Comprehensive Plan for this property ifthe.4pplicanl complies with the provisions it?Section IX 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the inix of lot sizes and housing types proposed in the residential portion ol'the development will provide for a range of'housing opportunities consistent with the purpose Statement of the residential districts and with the Comprehensive Plan. The City Council finds the proposed medical o.fires and hospital along with recommended retaillrestaurant uses will provide much needed services vices in the northern portion of'the City itr accord with the purpose statement gl'the commercial districts and with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety,and welfare; The City Council finds the proposed zoning nzap arnendrnent should not he detrimental to the public health, safety and welfrtre. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and The Commission finds the proposed zoning rnap amendment will not result in an adverse impact on the delivery of'services ht°any political subdivision providing public services within the City,,. Comments submilted by WASD indicate that existing enrollment numbers are below capacity in area schools that will serve this development. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest af'the Ciro if'the properh is developed in accord with the provisions in Section IX B. Preliminary Plat Findings (UDC 11-68-6): In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-making body shall make the following findings: I. The plat is in conformance with the Comprehensive Plan: The City Council f nds that the proposed plat, with recommendations,is in substantial compliance with the adopted Comprehensive Plait in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information.) Page 66 Page 41i3 Item#15. ?. Public services are available or can he made available and are adequate to accommodate the proposed development; The Qy Council finds that public services will be provided to the subject property with development. (See Exhibit B of the Siq f'Repart far more details fi-arn 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 anv other utilities will be provided by the development at their own cost, the Cite, Council finds that the subdivision will not require the expendilure of capilal improverrmeni funds, 4. There is public financial capability of supporting services for the proposed development; The CRY Council finds there is public financial capability ofsupporting services for-the proposed development based upon comments from the public service providers (i.e., Police. Fire, ACHD, etc). (See Section IX for more infor-rnation.) 5. The development will not be detrimental to the public health, safety or general welfare; and, The Cite Council is oat aware of arvy health, safety, or environmental problems associated with the platting of this property. rl CND considers road safgy issues in their analt.-sis. 6. The development preserves significant.natural, scenic or historic features. The Cio, Council is unaware of atky sign fzcant natural, scenic or historic features that exist on this site that require preserving. C. Private Street Findings(UDC 11-3F-5): [n 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 Direclorfirrds that the proposed design of the private streets:h9I--i teets the requirements in UDC I I-3F-4A 6 as eammon&r 4v a qE 'I1,.. l ef-,1_f M,,se Mat v a common mew is praposed through the site design Or-f-h w.y; ,e« 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 Director finds granting approval of the primate street with to a rat r._,..w de ki, ....,a �Y [[rr'opQSed ; Mows e xi.,.,f-ed doe 1,9 . .r.;ff-; - n should not cause damage, hazard. or nuisance,-or other detrionew to pelsons.pigper-ty or uses in the vicinity. 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 of'lhe private street • o opat .:f..A-eetr... nfli . sir-eats does not conflict with the Comprehensive Plan or the regional transportation plan. Page 67 - Page 464 Item#15. 4. The proposed residential development(if applicable) is a mew or gated development. {Ord. 10- 1463, 1 1-3-2010, eff. 11-8-2010} The Directorfrnds the proposed residential development toeg fie; i►acorporales a mem, of, ek-welopm&o in the design. f l 1. StfTe!adherence or applicafion of the re r c its-are not feasible; 2. The ahernative compliance provides an equal or is foF meefing the requirements; ii Page 68 - - Page 465 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Providence Properties, LLC (Owner/Developer) for Prescott Ridge - Residential Portion (H-2020-0047), Located South of W. Chinden Blvd. and East of N. McDermott Rd. ADA COUNTY RECORDER Phil McGrane 2021-132713 BOISE IDAHO Pgs=84 NIKOLA OLSON 09/08/2021 02:40 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: l City of Meridian 2. Providence Properties, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 7th dayof Se tember_ _ , 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 Providence Properties,LLC,whose address is 701 S.Allen Street,Suite 104, Meridian, ID 83642, hereinafter called ER/DEVELOPER. 1.. 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/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 11-5 -3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 128.21 acres of land to the -8 (Medium Density Residential), -15 (Medium High Residential) and C-G (General Retail and Service Commercial) zoning districts, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the DEVELOPMENT AGREEMENT—PRESCOTT RIDGE—RESIDENTIAL PORTION( -2020-0047) PAGE 1 OF 8 City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS,on the l"day of June,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/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property know as the Residential portion listed in Exhibit"A" is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on. December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Providence Properties,LLC, whose address is 701 South-Allen Street, Suite 104, Meridian, ID 83642, hereinafter called OWNER and DEVELOPER, the party that owns and is developing said Property and shall include any subsequent owner(s) and developer (s) of the Property. DEVELOPMENT AGREEMENT-PRESCOTT RIDGE-RESIDENTIAL PORTION(H-2020-0047) PAGE 2 OF 8 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 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. Owners and/or Developer shall develop the Property in accordance with the following special conditions: a. Future development of the R-8 and R-15 zoned portions of the site shall be generally consistent with the master plan, preliminary plat, phasing plan, landscape plan, qualified open space & site amenity exhibit, and conceptual building elevations included in Section VIII 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. Administrative design review shall be required for all single-family attached, townhome and multi-family structures. Compliance with the design standards for such listed in the Architectural Standards Manual is required. C. The rear and/or side of structures on Lots 2-6,Block 4; Lots 2-7,Block 1;Lots 8 and 9-15, Block 9; Lot 16, Block 7; Lot 2, Block 12; Lots 2-14, Block 10; Lots 2-16 and 29, Block 14; Lot 68, 70, 81-83, and 77-78,Block 12; and Lots 42, 45 and 67, Block 8 that face collector streets (i.e. N. McDermott Rd., N. Rustic Oak Way and W. Ramblin St.), shall incorporate articulation through changes in two or more of the following: modulation ( e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single- story structures are exempt from this requirement. d. A conditional use permit shall be obtained for a multi-family development in the R-15 zoning district as set forth in UDC Table 11-2A-2. The use is subject to the specific use standards listed in UDC 11-4-3-27: Multi-Family Development. e. One management company shall handle the leasing and maintenance of the entire multi-family development to ensure better overall consistent management of the development. DEVELOPMENT AGREEMENT-PRESCOTT RIDGE-RESIDENTIAL PORTION(H-2020-0047) PAGE 3 OF 8 f. An electronic gate that is approved by the Fire Department shall be provided for access to Serenity Ln. from the south. g. Noise abatement for the future SH-16 extension shall be provided in the form of a berm or a berm and wall combination parallel to N. McDermott Rd. constructed in accord with the standards listed in UDC 1 1-31-1-41). 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 and/or 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, Owners 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/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/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-PRESCOTT RIDGE-RESIDENTIAL PORTION(H-2020-0047) PAGE 4 OF 8 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 Owners 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/Developer to the City in accordance with Paragraph 1 l above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNERIDEVELOPER: Providence Properties, LLC 701 S. Allen Street, Suite 104 Meridian, ID 83642 DEVELOPMENT AGREEMENT-PRESCOTT RIDGE-RESIDENTIAL PORTION(H-2020-0047) PAGE 5 OF 8 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of 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/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-PRESCOTT RIDGE-RESIDENTIAL PORTION(H-2020-0047) PAGE 6 OF 8 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT-PRESCOTT RIDGE-RESIDENTIAL PORTION(H-2020-0047) PAGE 7 OF 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Providence Properties, LL 4'�44" By:pal iT c-grz - S• CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 9-7-2021 Chris Johnson, City Clerk 9-7-2021 STATE OF IDAHO ) ss: County of Ada J On this IP day of idU41eS/`-' , 202❑ l7 1, before me, the undersigned, a Notary Public in and for said State, pc sonal ly appeared _Z 'e/[ eJ 099& known or identified to me to be the h$r1r.ed �- of Providence Properties, LLC and the person who signed above and acknowledged to me that lie executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this ce I� COMMISSION#23666 {, 'AL) NOTARY PUBiJC STATE OF IDAHO qNotaryublic )jr- r MY COMMISSION EXPIRES 02(le/2025 Residing at: e°Yi DI d" My Commission Expires: STATE OF IDAHO ) ss County of Ada ) On this 7th day of September ,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: Meridian,Idaho Commission expires:. 3-28-2022— DEVELOPMENT AGREEMENT—PRESCOTT RIDGE—RESIDENTIAL PORTION(H-2020-0047) PAGE 8 OF 8 km E N G I N E E R I N G June 23,2021 Project No. 18-140 Prescott Ridge Subdivision Legal Description Residential DA A parcel of land being a portion of unplatted lands situated in the North 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 28, a portion of unplatted lands situated in the West 1/2 of the Northeast 1/4 of Section 28, a portion of unplatted lands situated in the Northeast 1/4 of the Northwest 1/4 of Section 28 and a portion of Lot 18, Block 1 of Peregrine Heights Subdivision (Book 68, Pages 7026-7027, records of Ada County, Idaho) which said Lot is situated in a portion of Northwest 1/4 of Section 28 and all in Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the North 1/4 corner said Section 28,which bears S89°27'17"E a distance of 2,609.40 feet from an aluminum cap marking the Northwest corner of said Section 28,thence following the easterly line of said Northwest 1/4 of Section 28, S00°43'55"W a distance of 125.00 feet to an aluminum cap on the southerly right-of-way line of W.Chinden Blvd. (Hwy 20/26)and being the POINT OF BEGINNING. Thence following said southerly right-of-way line,S89°25'25"E a distance of 60.00 feet; Thence leaving said southerly right-of-way line, S00°43'55"W a distance of 583.88 feet; Thence S89°24'23"E a distance of 454.36 feet; Thence S00036'19"W a distance of 1,405.09 feet to a 5/8-inch rebar; Thence N77°58'17"W a distance of 527.69 feet to a 5/8-inch rebar on the easterly line of the Northwest 1/4 of said Section 28; Thence following said easterly line, S00°43'55"W a distance of 625.95 feet to 2-inch pipe marking the Center 1/4 of said Section 28; Thence leaving said easterly line,S00°43'51"W a distance of 24.35 feet to a 5/8-inch rebar; Thence S53°05'53"W a distance of 16.53 feet to a 5/8-inch rebar; Thence N78°07'38"W a distance of 19.68 feet to a 5/8-inch rebar; Thence S89018'46"W a distance of 45.49 feet to a 5/8-inch rebar; Thence N86°14'49"W a distance of 63.62 feet to a 5/8-inch rebar; Thence N88°50'04"W a distance of 85.57 feet to a 5/8-inch rebar; Thence N80°59'54"W a distance of 36.69 feet to a 5/8-inch rebar; Thence N70°27'41"W a distance of 25.64 feet to a 5/8-inch rebar; Thence S89°15'00"W a distance of 20.04 feet to a 5/8-inch rebar; Thence N86°53'39"W a distance of 189.53 feet to a 5/8-inch rebar; Thence S64004'03"W a distance of 27.64 feet to a 5/8-inch rebar; Thence N89°14'25"W a distance of 789.53 feet; Thence N00°52'21"E a distance of 16.96 feet to the Center West 1/16 corner of said Section 28; Thence following the southerly line of the Northwest 1/4 of said Section 28, N89°21'12"W a distance of 686.03 feet; Thence leaving said southerly line, N01°00'37"E a distance of 400.00 feet; Thence N89°21'12"W a distance of 625.00 feet to the westerly line of the Northwest 1/4 of said Section 28; Page 475 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmenglip.com Thence following said westerly line, N01°00'37"E a distance of 690.74 feet; Thence leaving said westerly line, S71°33'16"E a distance of 483.50 feet; Thence S78°08'16"E a distance of 589.77 feet; Thence S46°56'01"E a distance of 299.29 feet; Thence N75°51'12"E a distance of 48.41 feet to the boundary of said Lot 18, Block 1; Thence following said boundary the following five (5) courses: 1. N00°52'17"E a distance of 215.98 feet to a 1/2-inch rebar; 2. N75°32'13"E a distance of 272.40 feet to a 1/2-inch rebar; 3. 30.59 feet along the arc of a circular curve to the left, said curve having a radius of 45.00 feet, a delta angle of 38°56'33", a chord bearing of N75°32'13"E and a chord distance of 30.00 feet to a 1/2-inch rebar; 4. N75°32'13"E a distance of 219.13 feet to a 1/2-inch rebar; 5. N00°32'13"E a distance of 659.67 feet; Thence leaving said boundary,S89°25'31"E a distance of 808.01 feet to the easterly line of said Northwest 1/4 of Section 28; Thence following said easterly line, N00°43'55"E a distance of 858.99 feet to the POINT OF BEGINNING. Said parcel contains a total of 79.83 acres, more or less. 1��� Z�h►D 4 a 12459 0 2*41 OF L. BA�'1'A4 6 .23•?�oZ1 Page 476 PAGE 12 li 3 �n o0 OR rn _ W M h o 00 O O 454.36 s89°24'23"e 808.01 s89°25'31"e 0 3 C0 7 - O t� m s71 8333 50 161, 19.13 2 32 13°0 589 77 Y1241 90 'is S78°p8,16 a „15°32t3„e v � l c !�. e - =� n77'5$' w 527 69 n89°21'12"w 625.00 3 �n �n � rn U M o N 00 M O O C0 CD v0 o_ O n89°21'12"w ra n89°14'25"w 686.03 L.5 n86893,u 3S�g�3 12 _II 789.53 '—`—— Title: Residential DA Date: 06-23-2021 Scale: 1 inch =400 feet File: Page 477 Data and Deed Call Listing of File: Tract 1: 79.826 Acres: 3477205 Sq Feet:Closure=n59.2831 e 0.01 Feet: Precision>1/999999: Perimeter= 11906 Feet 001=s89.2525e 60.00 002=s00.4355w 583.88 003=s89.2423e 454.36 004=s00.3619w 1405.09 005=n77.5817w 527.69 006=s00.4355w 625.95 007=s00.435lw 24.35 008=s53.0553w 16.53 009=n78.0738w 19.68 010=s89.1846w 45.49 011=n86.1449w 63.62 012=n88.5004w 85.57 013=n80.5954w 36.69 014=n70.2741w 25.64 015=s89.1500w 20.04 016=n86.5339w 189.53 0 1 7=s64.0403w 27.64 0 1 8=n89.1425w 789.53 019=n00.5221 e 16.96 020=n89.2112w 686.03 021=n01.0037e 400.00 022=n89.2112w 625.00 023=n01.0037e 690.74 024=s71.3316e 483.50 025=s78.0816e 589.77 026=s46.560le 299.29 027=n75.5112e 48.41 028=n00.5217e 215.98 029=n75.3213e 272.40 030:U R=45.00,Delta=38.5633 Bng--n75.3213e,Chd=30.00 031=n75.3213e 219.13 032z100.3213e 659.67 033=s89.2531 a 808.01 034=n00.4355e 858.99 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN:-� AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 128.21 Acres of Land with R-8(99.53 Acres), R-15(8.82 Acres)and C-G(19.85 Acres) Zoning; and Preliminary Plat Consisting of371 Buildable Lots 1102 Single-Family Attached,215 Single-Family Detached,38 Townhome, 14 Multi- Family, One(1) Commercial and One(1) School],42 Common Lots and Six(6)Other(Shared Driveway) Lots on 124.81 Acres of Land in the R-8, R-15 and C-G Zoning Districts for Prescott Ridge Subdivision,by Providence Properties, LLC. Case No(s). H-2020-0047 For the City Council Hearing Dates o€: February 23,April 13,and May 18, 2021 (Findings on June 1, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 18,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 18,2021,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of May .l 8,2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 18.2021.. 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 I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code§ 1 I-5A. 4. Due consideration has been given to the comments)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR PRESCOTT RIDGE—AZ,PP,PS H-2020-0047 - I - Page 479 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 May 18, 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 and Preliminary Plat is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of May 18,2021, 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 11-613-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved,said development agreement shall be signed by the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR PRESCOTT RIDGE—AZ,PP,PS H-2020-0047 -2- Page 480 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 May 18,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND❑ECISION&ORDER FOR PRESCOTT RIDGE—AZ,PP,PS H-2020-0047 -3- Page 481 Item#7. By action of the City Council at its regular meeting held on the 1st day of June 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 6-1-2021 Attest: Chris Johnson 6-1-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 6-1-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR PRESCOTT RIDGE—AZ,PP,PS H-2020-0047 -4- Page 142 EXHIBIT A STAFF REPORT � E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING May ]8,2a21 legend DATE: Continued roan: February 23 and — '- April 13, 20211 TO: Mayor& City Council d - _ r _ FROM: Sonya Allen, Associate Planner r 210-884-5533 SUBJECT: H-2020-0047 ` Prescott Ridge--AZ,PP,.PS,AL'F ----- — - LOCATION: South of W. Chinden Blvd. and east ofN. McDermott Rd., in the North %of Section 28,Township 4N., Range IW, - (Parcels: SO428233640, R6991222210, ~-- - SO428120950, SO428131315, -- SO428131200, SO428211102) NOTE: At the December P hearing, the Council moved to remand the project back to the Commission for the out parcel at the northeast corner of the site adjacent to the commercial development to be included in the annexation area and development playa for the site. Since that time, the Applicant has acquired the out parcel and submitted updated plans that include the parcel in the development area. The staff report has been updated accordingly. The Commission heard this project on January 21"and recommended approval of the updated plans and annexation boundary. 1. PROJECT DESCRIPTION Annexation of a total of 426.53 128.21 acres of land with R-8(99.53 acres), R-15 (8.82 acres)and C-G (18.17 19.85 acres)zoning districts; and, Preliminary Plat consisting of 39-5 377 371 buildable lots [34-6 323 single-family residential(A94 102 attached &222 2151detached),63-38 townhome, 14 multi-family residential, 1 commercial and 1 school],32 39 42 common lots and 6 other(shared driveway) lots on 12 424—.53 124.81acres of land in the proposed R-8, R-15 and C-G zoning districts. Private streets are proposed within the townhome portion of the development for internal access and circulation. Alternative Compliance to UDC 11 3F 4A.4,w1iieh requires a limited gated development w4ieii tawnheFnes are prop , is also Feqtiested.Alternative Compliance is no longer required based on the revised plan tivhich includes a mew. Pagel Page 483 II. SUMMARY OF REPORT A. Project Swnmary Description Details Pape_ Acreage 122. 124.07 Existing/Proposed Zoning Rural Urban Transition(RUT)in Ada County(existing)IR-8,R-15 and C-G(proposed) Future Land Use Designation Medium Density Residential(MDR)(3-8 units/acre)(l 13.5+1-acres) MrN with Mixed Use-Regional (MU-R)(9 1 U.27+1-acres)along W. Chinden Blvd. Existing Land Use(s) Rural residential/agricultural with 1 existing single-family home Proposed Land Use(s) Residential(single-family attached/detached,townhomes&multi- �1 family)&commercial(medical campus with a hospital and medical offices and retail/restaurant uses) Lots(#and type;bldg.lcommon) 3 95 3 77 371 buildable lots(316 3 23 317single-family residential,63 38 townhome, 14 multi-family, 1 commercial and l school)13249 42common lots/6 other(common driveway) lots Phasing Plan(#of phases) 9 phases Number of Residential Units(type 316 373 3 l 7 single-family(94 102 attached/M 215 detached).(f-38) of units) townhome and(56)multi-family units Density(gross&net) Overall- -464 2.96 units/acre(gross];7-..€7.68 units/acre(net) R-8 area:4.-g-7-3.07 unitslacrc(gross);7-49 7.07 units/acre(net) R-15 area: 12.87 77.57 units/acre(gross);21.39 13.8 units/acre(net) Open Space(acres,total 11, 6 1141 12.43 acres(or X 1 $ 15.41%) [%]Ibufferlqualifted) (44-M 8.04 acres required based on „'G 50.42 acres ofresidential area} Amenities Swimming pool. clubhouse,large and small children's play structures, a dog park,multi-use pathways and additional qualified open space beyond the minimum standards Physical Features(waterways, Two(2)segments of the West Tap Sublateral crass this site hazards, flood plain, hillside) Neighborhood meeting date;#of 12/18/19- 11 attendees;and 411120- 13 attendees; 12/16/20 7 attendees: attendees History(previous approvals) A portion of the site is Lot 18,Block 1.Peregrine Heights Subdivision (formerly deed restricted agricultural lot for open space-non-farm that has since expired). B. Community Metrics Description Details Pay e Ada County Highway District • Staff report(yes/no) Ner-yet-Yes ■ Requires ACH❑ No Commission Action (yes/no) _ Access A collector street access(W.Rustic Oak Way)is proposed via W.Chinden (Arterial/Collectors/State Blvd,ISH 2O-26 at the half mile which runs through the site and connects to HwylLocal)(Existing and a future collector street(N,Rustic Way) in the Oaks North development Proposed) from McMillan Rd. An access is proposed via N.McDermott Rd.,a collector street. Traffic Level of Service McDermott Rd.-Better than"D"(acceptable level of service) W. Rustic Oak Way/Levi Ln.-Better than"D"(acceptable level of service) Page 2 — — Page 484 Description Details Pag e Stub Two local stub streets are planned to be constructed with the Oaks North Street/Interconnectivity/Cron development at the southern boundary of the site and extended with this s Access development.Two stub streets(N. Serenity Ave.&W.Fireline Ct.)are proposed to the north for future extension. A cross-access easement is required to be provided to the MU-R designated property to the west. Existing Road Network No public streets exist within the site; N. Levi Ln.,a private lane,exists on the northern portion of the site via W.Chinden Blvd.ISH 2O-26. Existing Arterial Sidewalks.' There are no existing butters or sidewalks along N. McDermott Rd.or W. Buffers Chinden Blvd./SH 20 26 Proposed Road Improvements Capital Improvements Plan(CIA))Integrated Five Year Work Plan(IFYWP)_ • Black Cat Road is listed in the CIP to be widened to 3-lanes From Chinden Boulevard to McMillan Road between 2026 and 2030. • The intersection of Black Cat Road and Chinden Boulevard is listed in the CIP to be widened to 5-lanes on the north leg.5-Vanes on the south ieg.6-lanes on the east leg and 6-lanes on the south leg between 2026 and 2030. • The intersection of McMillan Road and Biaak Cat Road is listed in the CIP to reconstructed as a multi-Tana roundabout w{th 2 lanes on the northbound and southbound legs and 1 lane an the westbound and eastbound legs. • The Intersection of McMillan Road and McDermott Road is listed in the CIP to be widened to 3-lanes on the north leg.4-laes on the south leg,3-lanes an the east leg and 3-lanes on the west leg between 2031 and 2035. Fire Service • Distance to Fire Station 3 miles from Station#5 to Serenity Ln.on Chinden&4.4 miles to the McDerrnolt side of the project(Station#7 once constructed,will serve this development) • Fire Response Time Some of this development falls within the 5 minute response tilne area as shown on the priority growth map;the McDermott side is 8 minutes away and does not meet response time goals • Resource Reliability 80°/a from Station#5-meets response time goal • Risk Identification 2- current resourecs would riot be adequate to supply service(open waterwayy • Accessibility Project meets all required access,road widths and turnarounds as long as phasing plan is followed. • Special/resource needs Project will require an aerial device for the multi-family development- cannot mesa this need in the required timefralne. Eagle Station#1 is the closest truck company at approximately 8.4 miles away. • Water Supply Requires 1,000 gallons per minute for one hour for the single-family homes; the multi-fancily areas will require additional water(may be less if buildings are fully sprinklered) • Other Resources NA Police Service No comments submitted • Distance to Police 9 miles Station • Police Response Time No emergency response data can be provided because this development is near the edge of City limits • Calls for Service 56(within a mile of site between 411119-3131120) • Accessibility No concerns • Specialty/resource tice�js None ■ Crimes 5(within a mile of site between 4/1119-3/31/20) • Crashes 4(within a mile of site between 4/l/19-3/31/20) • Other Although located near the edge of City limits,service can be provided if this development is approved. — - Page 3 - — - Page 485 West Ada School District Enrollment cauadty • Distance(elem. ms,hs) Pleasant View Elementary 650 2.4 sch-i v.T, star Middle School 704 Iwo 6.9 Merldian High School 1965 2400 6.1 Due to the abundant amount of growth m the area,West Ada is actively building new schools,and boundaries are always [hanging.These Ftrture students could potentialiyattend Owyhee High 50091. • Capacity of Schools • #of Students Enrolled Wastewater • Distance to Sewer This proposed development is not currently serviceable by Meridian Services Sanitary Sewer service, The sewer trunk line designed to set-vice this development is within The Oaks North Subdivision to the south. ■ Sewer Shed North McDermott Trunk Shed ■ Estimated Project Sewer See application ERU s • W RRF Reclining 13.92 Balance ■ Project Consistent with Yes WW Master Plan/Facility Plan • ilripacts/Concerns ■Additional 4,662 gpd has been committed •Sewer mains are not allowed in common driveways.Please remove. •The planned sewer trunk line will enter this property at N. Rustic Oak Way •Sewer line in N.Rustic Oak Way shall be l 0-inch all the way to Chinden Blvd •This development is subject to paying sanitary sewer reimbursement fees (see Public Works Site Specific Conditions of Approval for detail). Reimbursement fees for the entire subdivision shall be paid prior to city signatures on the first final plat. Water • Distance to Water This proposed development is not currently serviceable by the Meridian Services City water system. Water mainlines designed to service this development are within The Oaks North Subdivision to the south. ■ Pressure Zone 1 • Estimated Project Water See application ERU's • Water Quality Nonc • Project Consistent with Yes Water Master Plan • lm acts/Concerns None - Page 4 - Page 486 C. Project Area Maps Future Land Use Map Aerial Map Legend �w D.erfs- Legend Residential Pro,eci Locafor+ - Proeci Loco-bon _ MU - v y ntia 1 � — —� -- Toning Map Planned Development Map Legend Legend Prayeci Locofon O_ f Pro�eCf Locoion _-- - R-8 -y ` ® —Fianrred Porce, _5 '- RUT 1 I � R-4 Y , -- ,I� ZRz4- .. i R-8 ='15 III. APPLICANT INFORMATION A. Applicant: Providence Properties,LLC—701 South Allen Street, Ste. 104,Meridian,ID 83642 B. Owners: Joseph Hon— 16790 Rose Park Dr.,Nampa, ID 83687 Raymond Roark—5952 N. Serenity Ln., Meridian, ID 83646 Page 5 Page 487 Lonnie Kuen2]i-621 Q N. Levi Ln., Meridian, ID 83646 West Ada School District- 1303 E. Central dr., Meridian, ID 83642 C. Representative: Stephanie Leonard, KM Engineering- 9233 W. State St., Boise,ID 83714 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 6/26/2020, 8/28/2020, 111131202Q,21512021 newspaper 11I121 Notification mailed to property 6/23/2020,812612020, owners within 300 feet 12/29/20 l 111412Q20,2121202I Applicant posted public hearing notice on site 71212020,812712020. 11512I 1111012020,21412021 Nextdoor posting 6/23/2020,8/27/2020, 11/10/2020,2/2/2021 12/29/20 V. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates 4 10.27+1-acres along W.Chinden Blvd.ISH 2O-26 as Mixed Use-Regional(MU-R); and the 1 13.5+1-acres to the south as Medium Density Residential(MDR). The purpose of the MU`-R designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections.The intent is to integrate a variety of uses together, including residential,and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should he anchored by uses that have a regional draw with the appropriate supporting uses.The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D (pg. 3-17). The purpose of the MDR designation is to allow small lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. The MCI-R designated area is located adjacent to a major intersection,W. Chinden Blvd.ISH 2O-26 and N. McDermott Rd. (future SH-16). The MU-R area is proposed to develop with a medical campus, including a regional hospital, and multi-family apartments. A larger MU-R area than currently designated on the FLUM is proposed which incorporates an additional 9.5+1-acres to the south and east of the current designated area. Because FLUM designations are not parcel specific and the proposed development provides needed services,employment opportunities and housing consistent with that desired in MU-R designated areas,Staff is supportive of the expanded MU-R area provided that a retail component is also included and integrated as part of the development. The MDR designated area is proposed to develop with a mix of single-family attached,detached and townhome units at a gross density of 346 2.96 units/acre,which although at the low end of the desired density range, is consistent with that of the MDR designation. Page 6 Page 488 The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs,preferences,and financial capabilities of Meridian's present and future residents."(2.01.02U) The proposed single-f mity attached, detached, townhornes and multi-family apartments will provide a variety of housing hpes forjuture residents in the northwest portion of the City in close proximity to the proposed employment ages on this site and across Chinden Blvd. to the north. • "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 not currently available to the subject development, however the nrainitrunk lines intended to provide service are currently being developed in The Oaks North Subdivision to the south. This development is dependent on the development tinting of the phase(v) within Tire Oaks North for services to be readily available for ea-tension. This developer is attempting to work with The Oaks developer to hasten tine tinting of utility e-xpansiorr. • "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) Four(4)different housing types are proposed in this development(i.e single-family attacltedldetached, townhomes and multi jr ndly apartments)along with a wide range of lot sices for diversity in housing types in this area. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land," (3.07.00) The proposed single-fatuity residential development should he compatible with existing.single- jcrmily homes to the west in Peregrine Heights and in the development process to the south in The Oaks North and the fixture school to the east. Larger lot sizes are proposed as a transition to the I-acre lots in Peregrine Heights. Higher density residential uses are planned a4jacent to the proposed medical campus at the north boundary and the fixture school site at the east lrorrradatl.A 30-foot wide landscaped bad fer with a pedestrian pathway and 8'tall CMU wall is also proposed adjacent to residential uses along the southern and western boundaries of the proposed medical campus to reduce conflicts. • "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."(2.02.01 Ay A 10'wide milli-arse pathwgv is required within the street bufers along W. Chinden Blvd.ISH 20-26 and the northlsouth collector street (Levi Ln.lRustic Oak), and to the east to the,fisture school site.far safe pedestrian access to the.school. A large central common area is proposed along the collector street with quality amenities. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Page 7 Page 489 Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems when available: set-vices are proposed to be provided to and though this development in accord with current City plates. • "Locate higher density housing near corridors with existing or planned transit. Downtown, and in proximity to employment centers."(2.01.01 H) The proposed toi nhomes and multi-family apartments in close proritrtitt'to the regional hospital and medical campus ivill provide higher density housing options ire close proximih,to the employment center and major transportation corridor(i.e. Chinden BlvdISH20-26&enure SH 16). ■ "Encourage the development of high quality, dense residential and mixed use areas near in and around Downtown,near employment, large shopping centers,public open spaces and parks, and along major transportation corridors,as shown on the Future Land Use Map."(2.02.01.E) Townhomes and a multi-family develop►ne►rt are proposed in close proximity to the mixed use area along Chinden Blvd.ISH 20-26, a major transportation corridor; where emplvk7ment uses are proposed. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2 02.02) The proposed project is located on the f-inge of the northwest corner of the Cinti However. because the land to the north and south has been annexed into the On,as well as laud located a half mile to the east, services will be extended in this area. .There_fore,public services will be maximized by the development of this property. • "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, when available, and curb,gutter and sidelvalks is proposed to be provided as required. • "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided"(3.03.03) The proposed development plan is consistent with the City s vision in that a min of uses are proposed including a regional hospital and medical offices in the MU-R designated area adjacent to a major transportation corridor. Residential uses are proposed at densities consistent with the Comprehensive Plan far this area. Public services can be provided and public infrastructure iuill be extended when available to this site. • "Require collectors consistent with the ACHD Master Street Map(MSM), generally at/near the mid-mile location within the Area of City Impact."(6.01.0313) The MSM depicts a collector street at the hal Pirtle between Black Cat and McDermott Roads in the current location o f N.Levi Ln, at the northeast corner-of the site fi-orn W. Chinden Blvd.1SH 20-6 to the south to McMillan Rd. A collector street is proposed in accord with the MSM which will connect to N. Rustic Oak Was+to the south in The Oaks North subdivision. Page 8 Page 490 In reviewing development applications,the following items will be considered in au Mixed Use areas, per the Comprehensive Plan (pg.3-13): (Staff"s analvsis in italics) ■ "A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high density residential development alone." The proposed development includes fiat least three (43)differettt lcrttd use tt•pes—residential mil,office and cotnrnercial(reta illresta uran 1) use. , desigwated .wwas to serve the employment area and nearb}r residents. A public school(i.e. Civic use) is planned on the eastern portion ofthe annexation area; however, it's outside the mixed use designated area and not a part of the proposed development. ■ "Where appropriate, higher density and/or multi-family residential development is encouraged for projects with the potential to serve as employment destination centers and when the project Is adjacent to US 20/26, SH-55, SH-16 or SH-59." Multi family apartments and townhotttes are proposed adjacent to the Mixed Use designated area to provide a higher density in close proxinitY to the employment center located adjacent to W. Chinden Blvd.ISH 20-26. ■ "Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request,a development agreement will typically be required for developments with a Mixed Use designation." A Master Plan is proposed with the annexation request which will be incorporated into a Development Agreement to ensure jilture development is consistent with the 1 ft-red Use designation. ■ "In developments where multiple commercial and/or office buildings are proposed, the buildings should be arranged to create some form of common,usable area,such as a plaza or green space," The Master Plarr depicts an •••iego-_yaoW a,Me sewh end., Me r tgspi.,,r . .ha r a..kMig c three 0 outdoor courtyard areas , arnurtrl the medical nAce building, a large outdoor pla a4zreen space area in front of the hospital with a shaded seating area, and a pedestrian pathwav within a 30'ivide landscaped common area along the southern and western boundaries of the contnterc•ial portion of the development abutting residential uses Kith two (2) shaded areas oj'respite. tq#'...............nds the..,,...a pt pr n is v.,visea,...;.,_to the Gry- Coup....r ■ "The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development." There are existing low density hones on l-acre lots along the west boundar7l oj'this site in Peregrine Heights Subdivision adjacent to the area proposed to be Zoned C-C and developed with a medical campus.A 30'wide densely landscaped buffet-is proposed along the west and south boundaries of the C-G zoned proper4y adjacent to existing and proposed abutting residential uses along with an S'tall CMU itiu l as a buffer to.future commercial rases. Parking is proposed along these boundaries emeeptf r • 4-story...edieal.,raw budding proposed&I!h_e southeast earner of the eonintereial deyehTmentj whieh Staff r-eeommends is ski .fted to residences to fhe"ufh ■ "Coinniunity-serving facilities such as hospitals, clinics,churches, schools, parks,daycares,civic buildings,or public safety facilities are expected in larger mixed-use developments." Page 9 Page 491 A,f inure school site is planned on the eastern portion❑j'the annexation area but it is outside the Mixed Use designated area and riot a part❑f this development.A hospital is proposed in the medical campats on the northern portion of the site adjacent to W Chinden Blvd.ISH 70-26 which will provide much needed services in the northern portion of the City. • "Supportive and proportional.public and/or quasi-public spaces and places including but not limited to parks, plazas,outdoor gathering areas,open space, libraries,and schools are expected; outdoor seating areas at restaurants do not count" A school is planned to develop on the eastern portion of the annexation area but is outside the Mixed-U.se designated area and not being developed with this project, T eqi-s •-e siteh Vae o .. A .,14,..ded jt �_Three(32 outdoor courtvard areas are r proposed; around the medical office building and a large outdoor plaaa/gr•een space area with a.shaded seating area is proposed in fi-ont of the hospital. Two shaded outdoor-areas of respite are also proposed Lvithin the baler along the southern boundar;y of the commercial portion of the development. • "Mixed use areas should be centered around spaces that are well-designed public and quasi- public centers of activity. Spaces should be activated and incorporate permanent design elements, and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development and further placemaking opportunities considered." F�evised aee00%gHg6;. or io the C44.r.,..neil heal=i Three 3 outdoor courtyards are proposed htk�2"'around the medical office building and a large oartdoor pla.:algreen space area tii,ith a shaded seating area is proposed in fi-ont of the hospital. Two shaded outdoor areas oft espite are also proposed within the buffe7•along the southern boundary of tl2e commercial portion of the development. • "All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." The proposed rnixed use development is dir•ectiv accessible to neighborhoods within the section by a collector street(W. Rustic Oak Wur) that runs along the project's east boundari,at the hay Mile between IvIcDerntott and Black Cat Roads;a midti-use pathsvaj,is planned along the collector street fbr-pedestrian connectivity in aee•ord with the PathtivaYs Master Plan. • "Alleys and roadways should be used to transition from dissimilar land uses,and between residential densities and housing types." There are no roadways separating the cornnierciallrnired use area from the single-fanailk detached homes and townhomes proposed at the south boundary af•1he area proposed to be -otaed C-G. Hox,eiler, there is a 30-fbot wide densely,landscaped bujjer proposed between the commercial and residential uses. 8owt4 is • "Because of the parcel configuration within Old Town,development is not subject to the Mixed Use standards listed herein." The subject property is not located in Old Torun, therefore, this item is riot applicable. In reviewing development applications,the following items will be considered in MU-R areas, per the Comprehensive Plan (pgs.3-16 thru 3-17): Page 10 - Page 492 • Development should generally comply with the general guidelines for development in all.Mixed Use areas. Slgf]'s analysis on the proposed project's compliance with these guidelines is included above. • Residential uses should comprise a minimum of 10% of the development area at gross densities ranging from 6 to 40 units/acre.There is neither a minimum nor maximum imposed on non- retail commercial uses such as office,clean industry, or entertainment uses. Multi-faini4,uses are proposed at a density oj'16.6 units/acre.fbr approximately,27°%n of the mixed use development area. Non-retail medical qf]icellrospital uses are proposed on the remainder of'the mixed use development. • Retail commercial uses should comprise a maximum of 50%of the development area. Aa-+Retuilii-estauraW commercial uses(101]00+I-square feet) are proposed on the entire l rst Moor of the medical office building. Because this site is proposed to develop with a medical campus including a regional hospital retail uses will be minimal but.should be provided as a third land use tape as desired in mixed use designated areas as discussed above to serve patrons and residents. Where the development proposes public and quasi-public uses to support the development, the developer may be eligible for additional area for retail development(beyond the allowed 50%), based on the ratios below: • For land that is designated for a public use, such as a library or school,the developer is eligible for a 2:1 bonus. That is to say, if there is a one-acre library site planned and dedicated,the project would be eligible for two additional acres of retail development. • For active open space or passive recreation areas,such as a park,tot-lot, or playfield,the developer is eligible for a 2:1 bonus.That is to say, if the park is 10 acres in area,the site would be eligible for 20 additional acres of retail development. • For plazas that are integrated into a retail project,the developer would be eligible for a 6:1 bonus. Such plazas should provide a focal point(such as a fountain, statue, and water feature), seating areas, and some weather protection. That would mean that by providing a half-acre plaza,the developer would be eligible for three additional acres of retail development. This guideline is not applicable as no publiclquasi-public uses are proposed in the AfU-R designated area. Stuff believes the proposed development plan is generally?consistent with the vision of the Comprehensive Plan if a commercial(i.e, retail,restaurant, etc.) component is included in the mixed use designated portion of the development as discussed above. Vl. UNIFIED DEVELOPMENT CODE ANALYSIS (1ID0 A. Annexation &Zoning: The proposed annexation area consists of sip-ten(& 0)parcels of land totaling 122.9 1.28,21 acres designated on the Comprehensive Plan Future Land Use Map(FLUM)as Medium Density Residential (MDR)and Mixed Use—Regional (MU-R). Per the proposed conceptual Master Plans included in Section VIII.A, single-family residential attached and detached homes,townhomes. multi-family apartments and a medical campus featuring a regional hospital and medical office Page i 1 Page 493 buildiniz with retail and restaurant uses is proposed to develop on this site. As discussed above, StAff FeeOMMeNdS eemmer-emal (i.e. mta,!,restaurant, ete.) USeN QFe also provided asjp .n the C G zoned iir-eft its desired in Mated Use and specifleally AIU R designated oreas to The medical campus is proposed to include"boutique"medical services geared toward women's health and pediatrics. Two buildings are proposed—a 4 3-story-220,909 181,000+1-square Foot (s.f.)hospital with approximately 4060 in-patient beds and a 4 3 4-story 40,999$0,000+I-s.f. medical office building which is proposed to include 10,000+1-square feet of retail uses and 10,000+1-square feet of restaurant uses on the entire:first floor.Most services anticipated to he performed in the hospital will be out-patient procedures. Areas not used for inpatient beds will be used for surgery,radiology, an emergency department, labor rooms,physical plant and a cafeteria. The hospital is proposed to be similar in scope and size to the St. Luke's and St. Al's campuses in Nampa. West Ada School District plans to develop a public school on the eastern portion of the annexation area separate from this development. The parcel was included in the subject AZ and PP applications because it was created outside of the process required by Ada County to create a buildable parcel. Including it in the proposed plat will allow building permits to be obtained for future development. The single-fancily attached/detached portion of the development is proposed to be annexed with R-8 zoning(99.53 acres),the townh.ome and multi-family portions are proposed to be zoned.R-15 (8.82 acres) and the medical campus is proposed to be zoned C-G(19.17 19.85 acres, including adjacent right-of-way to the section line of W. Chinden Blvd.lSH 20-26),which is generally consistent with the associated MDR and MU-R FLUM designations for the site as discussed above in Section V (see zoning exhibit in Section VI11.13). Proposed Use Analysis: Single-family attached and detached homes and townhouse dwellings are listed as a principal permitted use in the R-8 and R-15 zoning districts; imulti-family developments are listed as a conditional use in the R-15 zoning district, subject to the specific use standards listed in UDC 11-4-3-27; and public education institutions are listed as a conditional use in the R-8 zoning district per the Allowed Uses in the Residential Districts table in UDC Table I 1-2A-2, subject to the specific use standards listed in UDC 11-4-3-14.A hospital is listed as a conditional use in the C-G district, subject to the specific use standards in UDC 11-4-3-22; a+W healthcare and social services is listed as a principal permitted use in the C-G district; retail uses are listed as a principal permitted use in the C-G district: and restaurant uses are listed as a principal permitted use in the G-G district. subject to the specific use standards listed in UDC 11-4-3-49 per the Allowed Uses in the Commercial Districts table in UDC 11-2B-2. Evaluation of the multi-family development for consistency with the specific use standards listed in UDC 11--4-3-27 and the hospital's consistency with the specific use standards listed in UDC 11-4-3- 22 will occur with the conditional use permit applications for such uses. One of the standards for hospitals that provide emergency care requires that the location shall have direct access on an arterial street; the proposed hospital is planned to provide emergency care. Because UDC 11- 3H-4B.2 prohibits new approaches directly accessing a State Highway, access is proposed via N. Rustic Oak Way,a collector street, at the projecVs east boundary located at the half mile mark between section line roads. The City Council should determine if this nieets the intent of the requirement, if so, it should be memorialized in the Development Agreement. Alternatirely, Council►nt v deny the emergency care component of the hospital use. Note:ITD denied the Applicant's request for access via SH 20-26IChinden Blvd.for the medical campus. Page 12 - Page 494 The property is within the Area of City Impact Boundary(AOCI).A legal description for the annexation area is included in Section VIII.B. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-65 I IA. In order to ensure the site develops as proposed with this application and future development meets the Mixed Use and specifically the MU-R guidelines in the Comprehensive Plan, Staff recommends a DA as a requirement of annexation with the provisions included in Section VIIi.A. The DA is required to be signed by the property owner(s)ldeveloper and returned to the City within b months of the Council granting the annexation for approval by City Council and subsequent recordation. The Applicant requests three(3)separate DA's are required—one for the R-8 and R-15 residential portions of the development,one for the medical campus and another for the school district's parcel. Staff is amenable to this request as there are three (3)distinct components of the project. B. Preliminary Plat: The proposed preliminary plat consists of 433 422 lots—395 377 371 buildable lots 1316 32 single-family residential (94-102 attached-&-2222 2151detached),63 38 townhome, 14 multi-family residential, l commercial and I school],32--3442 common lots and 6 other(shared driveway) lots on 123.26 423-5-3 124.81 acres of land in the proposed R-8, R-15 and C-G zoning districts.A portion of the proposed plat is a re-subdivision of Lot 18, Block 1. Peregrine Heights Subdivision,:3 formerly deed restricted agricultural lot that was only to be used for open space(i.e.non-farm)— this restriction has since expired. The minimum lot size proposed in the single-family residential portion of the development is 4,000 square feet(s.f.)with an average lot size of 6-,069 5,982 s.f.;the average townhome lot size is 2 2.302 s.f. The overall gross density is 3-6-3,2.97 units/acre with a net density of-7-M 7.68 units/acre. The gross density of the R-8 zoned portion is 4.47 3.07 units/acre with a net density of 7 W 7.07 units/acre and the gross density of the R-15 zoned portion is 12.87 7.57 units/acre with a net density of 21.39 13.8 units/acre consistent with the density desired in the associated MDR&MU-R FLUM desilmations in the Comprehensive Plan for this site. Phasing: The residential portion of the subdivision is proposed to develop in nine(9)phases as depicted on the phasing exhibit in Section V III.0 over a time period of 4 to 5 years. The northlsouth collector street will be constricted from W. Chinden BIvd.15.H 20-26 in alignment with Pollard Ln. across Chinden Blvd. to the north and extend to the southern boundary with the first phase of development. The single family portion of the site will develop first,followed by the townhomes and then the multi-family aparhnents. The school property(Lot 84, Block 12)are is not included in the phasing plan as they are it is under separate ownership and will develop separately from the residential and commercial portions of the development.The Applicant estimates development of the hospital and medical campus will commence in 2021 at the earliest: and the school in 2023 at the earliest, assuming services are available. Existing Structures/Site Improvements: There is an existing home on the Kuenzli property and some old accessory structures on the Roark property that are proposed to be removed with development. All existing structures should be removed prior to signature on the final plat by the City Engineer for the phase in which they are located. Page 13 - Page 495 Dimensional Standards (UDC 11-2): Development of the subject property is required to comply with the dimensional standards listed in UDC Tables I 1-2A-6 for the R-8 district_ 11-2A-7 for the R-15 district and 1 1-2.13-3 for the C-G district as applicable. Lot Layout: The lot layeatidevelepnient plan for the townhome poFtion of the development on Lots 16-74,- homes off the private street,Mrhch is prohibited per UDC 11 3F 4A.6j additionally,each eommon drive"ray Mfty Only serve a maximum of(6) dweffing units per UDC- 11 6C 3D -8 units fire proposed off emeh . Private streets are not intended for townhome developments other than those than create a common mew through the site design or that propose a limited gated development-neither a mews no is propose_d_ but no gates are proposed V ff-C;-B). Alternative Compliance may he requested to these standards and appreved upon reeommendation of the City Engineer,Fire Marshal and the Direetur when theAppliesint ean standards and shall not be detrimental to the public health,safety and welfare and where p ri vale streets are determi ned to en hanee the satety of the development by establishing a clear- sueh a request as Staff is of the opinion -ueh at the number of units and density PFOPosed would result ki a neighbar- -Z-werely under PROEM,whieh eeuld be detrimental to the publie health,Safet-.and Ar oeeess homes within the de4relopMpflt due to parking issues on the private st Staff recommends this portion of the development is redesigned with public streets(filleys an We&-common driveways may be 0 neorperated), e r-if prWate streets are p fi-Oposed, each umt should fr-OHt on nFid be neeessed via the private street(s) and the deAgn should ifiClude a MeW or gnie'd entry in accord • ith UDC 11_iC�:-=1 however, public streets are preferred. d,Ar effling units)with townhome style units might he a development option for this area. A revised parlizing plan should be submitted fOF this area as well thnt provides for ndequitte guest parking above the minimufn UDC standards (Table 11 3C 6) to serve this portion of the development. A revised coneept plan and parking plan should be submitted prior to or a Comm-ss*on hearing for review and R revised plat should be submitted tit least 10 days p to the City CoHneil hearing that reflects this modification. + (% 2 depiets parking and access driveways on buildable lots the number of parking spaces with eneh lot and nre not eommensurate with the parking required for eaeh building. with an ingress egress/par-king easement for each buildable let. A revised plat should be submitted at least 10 days prior-to the City Couneil 4 revised Plat was submitted that depicts the private street in the townhonte portion of the development within a common lot as requested.see Section 6III.C. Subdivision Design and Improvement Standards(UDC 11-6C-3l Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 1 1-6C-3, including but not limited to streets,common driveways and block face. Page 14 - Page 496 Block length is required to comply with the standards listed in UDC 11-6C-3F. Block faces should not exceed 750' in length without an intersecting street or alley unless a pedestrian connection is provided,then the block face may be extended up to 1,000' in length. The face of Block 7 on the south side of W. Smokejumper St. exceeds 750' at approximately 900'+I-;because the preliminary plat for the abutting property to the south did not include a pathway to this site in this location. Staff does not recommend a pathway is required for connectivity as it would dead-end at the subdivision boundary. Other block faces comply with the standard. Common driveways are required to be constructed in accord with the standards listed in UDC 11- 6C-3D. A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. An exhibit should be submitted with the final plat application that depicts the setbacks,fencing, building envelope,and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway should be depicted on the opposite side of the shared property line from the common driveway.Address signage should be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. Access(UDC 11-3A_3� Access is proposed via one(1) collector street(N. Rustic Oak WaY) from W. Chinden Blvd.ISH 20- 26, which extends through the site to the south boundary and will eventually extend to McMillan Rd. with development of The Oaks North subdivision to the south. A local street access (W. Sturgill Peak St.)is proposed via N. McDermott Rd., a collector street,at the project's west boundary. A stub street(N. Jumpspot Ave.) is proposed to the out-parcel at the southwest corner of the site— Staff recommends W. Smokejumber St. is also stubbed to this property from the cast;two(2)stub streets (N. Trident Ave. and N. Rustic Oak Way) are proposed to the south for future extension with The Oaks North subdivision;and two(2)stub streets(N. Serenity Ave. & W. Fireline Ct,)are proposed to the north for future extension—the stub street to Serenity Ln. will serve as an emergency access only to Peregrine Heights Subdivision and will have bollards preventing public access. A collector street(W. Ramblin St.) is proposed for access to the school site. A stub street (Sunfield Way) was approved with The Oaks North preliminary plat to Lot 37,Block 12,proposed as a common lot; this street is not proposed to be extended.The ACHD report states Sunfield Way cannot be extended into the site at this time as the stub street is aligned with the parcel line between this site and the school parcel. ACHD has required a permanent right-of-way easement to be provided and a road trust for the future extension of Sunfield Way with development of the school parcel. Cross-access/ingress-egress easements should be provided to adjacent MU-R designated properties to the west(Parcels#R6991221700& R6991221600) and east(Parcel# R6991222101) in accord with UDC 11-3A-3A.2. As discussed above,a private street loop(N.Highfire Loop)is proposed for access to the townhome portion of the development in Block 8 adjacent to the southern boundary of the commercial development(see analysis below under Private Streets). Staff is rW supportive of the proposed revised design and recommends revisions to the plan as stated ahave and in The Applicant's proposal to curve McDermott Rd. north of Sturgill Peak St. to the east at the project's west boundary does not meet ACHD policy and is not approved; the ACHD report states constriction of this portion of McDermott will be completed in conjunction with ITD's SH-16 extension. Page 15 - Page 497 Developments along SH 20-26 are required to construct a street generally paralleling the state highway that is no closer than 660 linear feet(measured from centerline to centerline)from the intersection (i.e. Rustic Oak)with the state highway.The purpose of which is to provide future connectivity and access to all properties fronting the state highway that lie between the subject property and the nearest section line road and/or half mile collector road. The street shall be designed in accord with the standards set forth in UDC 11-3H-4B.3 and shall collect and distribute traffic.Frontage streets or private streets may be considered by the council at the time of property annexation or through the conditional use process.Frontage streets and private streets shall be limited to areas where there is sufficient access to surrounding properties and a public street is not desirable in that location. A frontage road is proposed along the northern boundary of the site adjacent to Chinden Blvd. with an access on Rustic Oak approximately 660' south of Chinden as depicted on the conceptual development plan in Section VIII.A.Because residential homes exist to the west that are not likely to redevelop in the near future,a future interchange for SH-16 is planned east of the McDermott/Chinden intersection,and a north/south collector street(Rustic Oak) exists along the east boundary of this site, Staff believes there is sufficient access to surrounding properties as proposed without the provision of a public street. Einergencv access; In response to the Fire Department's estimated response tune to the developpienl, which are below the target goal on the McDermott side of the subdivision, the Applicant plans to include an AED (Autornated External Defibrillator) device in the chibhouse and provide education related to the use of the device to ensure residents are aware of the benefits and junction if the device is needed. Additionally, a connection is proposed front Chinden through the project to the southern boundary of the subdivision with the first phase of development to aid in emergency+response times to the site, this.should also benefit response times to The Oaks North to the South. Parking{UDC 11-3 Off-street parking is required to be provided for residential uses in accord with the standards listed in UDC Table 11-3C-6, and for non-residential uses in accord with the standards listed in 11-3C- 613.1, Future development should comply with these standards. A parking exhibit(and details in the narrative)was submitted with this application, included in Section VIII.F that depicts 46 15 extra off-street parking spaces in the townhome portion of the development and a total of 497 on- street parking spaces available for guest parking. A total of 16 off-street parking spaces are proposed for the 3,750+/-square foot clubhouse and swimming pool facility. Staff is of the opinion the proposed parking in the single-family and townhomes portions of the development should meet the parking needs. Off.-street parking in the multi-family portion of the development will be evaluated with the conditional use permit application. Off-street parking is required to be provided for the commercial portion of the development in accord with the standards listed in UDC 11-3C-6B for commercial uses with the exception of restaurant uses: off-street parking for restaurant uses is required per the standards listed in UDC 1 I- 4-3-49. Off-street parking is depicted on the conceptual_Master Plan in accord with these standards and will reviewed again with the final design of the site to ensure consistency with these standards. Pathways(UDC 1144-8}: The Pathways Master Plan depicts segments of the City's multi-use pathway system across this site. In accord with the Plan,the Park's Dept. recommends detached 1 Q' wide multi-use pathways are provided within the street buffers in the following locations: along N. McDennott Rd.,W. Chinden Blvd./5H 20-26,the east side of N. Rustic Oak Way from Chinden to the southern boundary of the site, and along W. Ramblin St. from Rustic Oak to the school site. These pathways are required to be placed in a 14-foot wide public pedestrian easement. Page 16 - Page 498 Other pathways and micro-paths through common areas are also proposed for pedestrian interconnectivity and access within the development. Two(2) micro-path connections to the school site are proposed in addition to the multi-use pathway connection from Rustic Oak that extends along the northern boundary of the multi-family development. All pathways shall be constructed in accord with the standards listed in UDC 11-3A-8 and landscaping shall be provided on either side of the pathways as set forth in UDC 11-3B-12C. Sidewalks(UDC 11-3A-17y: Detached sidewalks are required to be provided along all arterial and collector streets; attached(or detached)sidewalks may be provided along internal local streets. Sidewalks are proposed in accord with the standards listed in UDC 1 1-3A-17, o pt r along ng the east side 4 Kiisti, Oa6 ,rth a W. Lost Rapids St. where FM atlaehed 7' wide Sidewalk is pf;apased. This side-Arallk should be detached from the eur-b in neeard with UDC 11 3A4-7. Parkways(UDC 11-3A-17): Eight-foot wide parkways are proposed adjacent to the north/south collector street(N. Rustic Oak Way) and are required to be constructed in accord with the standards listed in UDC 11-3A-17 and landscaped in accord with the standards listed in UDC I 1-3B-7C. A,.....: The k ffte..Plew ipiel...��., a•fr,. hp1wouse d Landscaping(UDC 11-3B): Street buffers are required to be provided within the development as follows: a 35-foot wide street buffer is required along W. Chinden B1vd.ISH 24-26 and N. McDermott Rd., an entryway corridor, and a 20' wide buffer is required along N.Rustic Oak Way,N. M..T,o.... a-4 Rd. and W. Ramblin St.. collector streets,landscaped in accord with the standards listed in UDC I 1-3B-7C. A 25' wide buffer is required on the C-G zoned property to residential uses as set forth in UDC Table 1 1-211-3, landscaped per the standards listed in UDC 11-3B-9C. The buffer area should be comprised of a mix of evergreen and deciduous trees,shrubs,lawn or other vegetative groundcover that results in a barrier that allowed trees to touch at the time of maturity. A 30-foot wide buffer is proposed with dense landscaping along the western and southern boundaries of the site adjacent to residential uses as required. Parkways where provided are required to be landscaped in accord with the standards listed in UDC H-3B-7C. The total linear feet of parkways with the required and proposed number of trees should be included in the Landscape Calculations table on the final plat landscape plan to demonstrate compliance with the required standards. Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B-12C. The total lineal feet of pathways with the required and proposed number of trees should be included in the Landscape Calculations table on the final plat landscape plan to demonstrate compliance with UDC 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 with the required and proposed number of trees should be included in the Landscape Calculations table on the final plat landscape plan to demonstrate compliance with the UDC standards. Parking lot Iandscaping is required to be provided in the commercial portion of the development in accord with the standards listed in UDC 11-3B-8C. If any existing trees on the site are proposed to be removed, mitigation may be required per the standards listed in UDC 11-3B-10C.5.The Applicant should coordinate with Matt Perkins, Page 17 Page 499 the City, Arborist,to determine mitigation requirements if any existing trees are not proposed to be retained on site. Noise abatement is required to be provided in the form of a berm or a berm and wall combination parallel to W. Chinden B1vd.ISH 20-26 constructed in accord with the standards listed in UDC 1 1-3H-4D.A detail/cross-section of the proposed noise abatement should be submitted with the final plat application for the commercial portion of the development that demonstrates compliance with the required standards.. Qualified Open Space(UDC 11-3G): A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required for the residential portion of the development. Based on 105.08 80.42 acres(excluding the 28-acre school parcel),a minimum Of 10.5 1-8.04 acres of qualified open space should be provided. A qualified open space exhibit was submitted,included in Section VI1I.E,that depicts 11-56 12.4 acres(or 44-$ 15.41% excluding the 28-acre school parcel)of open space consisting of the entire buffet along collector streets (McDermott& Rustic Oak),open space areas of at least 50' x 100' in area and linear open space in accord with UDC standards. Note:Although a couple of the lots (i.e. Lot 30, Block 1 and Lot 29, Block 9)counted toward qualified open space don't ineet the mininium dimensional standards of'50'x I00', the rest of'the area does quali f, vvhich still exceeds the mininnan standards. Because the multi-family portion of the development is proposed to be subdivided with each 4- plex on its own individual lot for the option of separate ownership of the 4-plex buildings, Staff recommends a provision is included in the DA that requires one management company handle the leasing and maintenance of the entire project to ensure better overall consistent management of the development. Qualified Site Amenities(UDC 11-3G'�: A minimum of(1) site amenity is required for every 20 acres of development area. Based on the residential area of the proposed plat t405.08 80.42 acres), a minir non offi-Ne four(5 4)qualified site amenities are required to be provided per the standards listed in UDC 11-3G-3C.A site amenity exhibit and renderings are included in Section VIII.E. A 3,750+1-square foot clubhouse with restrooms, an exercise area, office and meeting room with an outdoor patio and a 54' x 30'+1-swimming pool, one large tot lot on Lot 1, Block 9 and(2) smaller tot lots on Lot 1,Block 13 and Lot 12,Block b with children's play equipment, an enclosed 5,500+1-s.f. dog park(although this area may be just a pocket park with no dog facilities depending on what is desired by future residents),segments of the City's multi-use regional pathway system. and additional qualified open space exceeding 20,000 square feet are proposed as amenities in excess of UDC standards. Amenities are proposed from the following categories listed in UDC 1I- 3G-3C: quality of life,recreation and pedestrian or bicycle circulation system,in accord with UDC standards. Details of these amenities should be submitted with the final plat applications for the phases in which they are located. Storm Drainage(UDC 11_ 3A-I8]: An adequate storm drainage system is required in accord with the City's adopted standards, specifications and ordinances as set forth in UDC 1 1-3A-18. Design and construction shall follow Best Management Practice as adopted by the City. Sub-surface drainage is proposed but swales could be incorporated if needed. Page 18 Page 500 Pressurized Irrigation {UDC 11-3A-15): Underground pressurized irrigation water is required to be provided in each development as set forth in UDC 11-3A-15. This property is within the Settler's Irrigation District and the Nampa& Meridian Irrigation District's boundaries. Waterways(UDC 11-3,4-6): The West Tap 5ublatenal rims cast/west across the southern portion of this site within a 20' wide drainage district easement;and a 15' wide irrigation easement runs east/west across the northern portion of the site as depicted on the Peregrine Heights subdivision plat. This waterway is planned to be relocated and piped. If the easement(s)for the waterway is greater than 10' in width,it should be placed in a common lot that is a minimum of 20' in width and outside of a fenced area, unless modified by City Council in accord with UDC 11-3A-6E. All waterways are required to be piped unless used as a water amenity of linear open space as defined in UDC I 1-IA-I in accord with UDC I I-3A-6B. Fencing(UDC 11-3A-7]: All fencing is required to comply with the standards listed in UDC 1 1-3A-6C and 1 1-3A-7. Fencing, is depicted on the landscape plan. Fences abutting pathways and common open space lots not entirely visible from a public street is required to be an open vision or semi-private fence up to b' in height as it provides visibility from adjacent homes or buildings per LTDC 11-3A-7A.7. Staff is concerned there is not enough visibility from the street of the common area on Lot 1,Block 2 located behind building lots and around Lot 37, Block 12 and recommends the fencing type is revised on the perimeter of these lots to comply with this standard. Building Elevations(UDC 11-3,f-191 Architectural Standards Mantra//: The Applicant submitted sample photo elevations and renderings of the different home types planned to be constructed in this development which are included in Section VIII.G. Homes depicted are a 2nix of 1-and 2-story units of varying sizes for the variety of lot sizes proposed. Building materials consist of a mix of finish materials with stonelbrick veneer accents. Because the side and/or rear of 2-story homes that face collector streets(i.e.N.McDermott Rd.,N. Rustic Oak Way and W. Ramblin St.)will be highly visible,these elevations,should incorporate articulation through changes in two or more of the following: modulation (e.g. projections,recesses,step-backs, pop-outs),bays,banding,porches,balconies, material types. or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street.Single-story structures are e-remptfrosn this requirement. Conceptual renderings of the hospital and medical office buildings were submitted as shown in Section VIII:G,The hospital is proposed to be a 3-story building and the medical office building a 4-story building.The elevations for the medical office building incorrectly depict a 3-story building; these elevations should be revised prior to the City Council hearing to reflect the correct number of stories. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of any building permit applications for the medical office building, hospital,clubhouse, swimming pool facility, single-family attached,townhome and multi-family structures.The design of such is required to comply with the design standards listed in the Architectural Standards Manual. Design review is not required for single-Aamily detached homes. Page 19 Page 501 C. Private Streets[UDC 1_!-3F} A private street loop(N. Highfire Loop)is proposed for access within the portion of the development where townhomes are proposed on Lots 17 1 17-44 and 54-67.Block 8 adjacent to the southern boundary of the commercial development. The Applicant believes a private street in this area will enhance safety and vehicular circulation by creating a clear path of travel for emergency vehicles and residential traffic. A mew is proposed but no gates are proposed as the Applicant believes a gate would detract from site circulation and would physically and Figuratively disjoint the townhomes from the rest of the community. Private streets are not intended for townhome developments other than those that create a common mew through the site design or that propose a limited gated residential development per UDC I]- 3F-1. The applicability may be extended where the Director or Fire Marshall determines that private streets will enhance the safety of the development. The spplioa„t-rnnv�tSa'tOffla'sse C�ffl '=�n�to ..4lternathr e Compliance is no longer necessaty as a mew is proposed on the revised plats. por-tion of the plat where the p rivate street is p r-op osed.Staff and the Fi re Dept. d oes not bel,e%re safe", is enhanced by the PFOVision of a py-mirate street in this or-ea with the density like"hood of vehieles parking in fire 'fines Elue to inadequney of pnrldng for guests find overflow parking.Therefore,Staff d oes not r-eeemmen d approval of th P pAva te street as D. Alte,.RO:Ve r., ..HORee rrr� n�DC— belief that the townhame patsti8n aftlie better integrate w4h the fvst of the pfov:rip a gsaio-r path of travel for o.,.,eraency,,ehic1es. develop meat with the p iy ate street_ Staff iS in t....n not% .• u erfiaaF the request fe alter-native comptianee.As noted nheve on Section V1.9, Lot Layout�Staff recommends Menges to the layout of this p or-tie n of the P110t.A SH bSeq HeRt Feq oest fney be eonsider-ed if- anted by the .-edes-gn.Because a mesh is hurt proposed on the revised phm.v. alternative compliance i.v no lonzer necessarv. V1I. 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 with the conditions noted in Section IX.A and denial of the request for a private street and alternative compliance per the Findings in Section X. B. The Meridian Planning&Zoning Commission_heard these items on (continued from July 16"'and August 20) September 17, 2020. At the public hearing,the Conuitission moved to continue the subject AZ and PP requests to a subsequent Commission hearing in order for the Applicant to revise the concept Man for the commerciallmedical_campus_and plat_for the townhome_portion of the development. 1. Surnmary of Commission public hearing_ Page 20 Page 502 a. In favor: Stephanie Leonard KM Engineering& Patrick Connor(Applicant's Representative); Betsy Huntsinger, representing the proposed hospital; Randall Petennan{adjacent property owner}; Mitch Armuth, Providence Properties b. In opposition: None C. Commenting: Val Stack and Paul Hoyer; Sue Ropski; Cory Coltrin: Randall Petennan d. Written testimony: Josh Femreite Chief of New Schools for Gem Innovation Schools e. Staff presenting application: Sonya Allen f_. Other Staff comrnenting on application: Joe Bongiorno_ ? Key issue(s)of public testimony a. Gem Innovation School is in strong support of the project as their future campus lies approximately 340 yards to the south and will be able to provide K-12 public education o bons for future residents,• b. Would like 30' buffer extended along entire east and south boundaries of Peregrine Heights Subdivision for a buffer to higher density residential uses; would like more of a transition to the lots at the southeast corner of Peregrine Heights Subdivision either with larger lots or common area instead of 5 building lots; not in favor of proposed access via Screni!y Ln.,• concern pertaining to future access for Sereni Ln. residents via Chinden• concern pertaininm to obstruction of view sheds with proposed 4-stoKy structures on commercial portion of development. C. Ms. Ropski's concern with location of trash dumpsters and parking adjacent to their property, d. Preference for the hospital to be located closer to the ChindenlRustic Oak intersection away from low densjly residential lots at west bounds e. Mr. Peterman is in favor of the proposed development as it will briny,services to his property for development. 3. Key issue(s)of discussion by Commission: a. Preference for owner-occupied townhomes rather than rental or more multi-family units in the portion currently proposed for townhoines; b. Preference for the Applicant to obtain the out parcel at northeast corner of site in order to develop commercial[retail,restaurant,etc.] uses on the site; C. In favor of the variety in housing types and lot sizes proposed; d. Not in favor of the proposed design of the townhome portion of the development and the private streets—needs to be redesigned; e. The Fire Dept.'s preference for a direct unhindered access to the site via Serenity Ln. (i.e. not obstructed by a gate,bollards or a chain)—opposed to ri hg t-in/right-nut at Serenity Ln.IChinden Blvd. as a fire engine will not be able to access the site from the east via Chinden. f_ Conceptual development plan for the conunerciallmedical campus portion of the site needs to be revised as discussed. 4. Commission change(s)to Staff_recommendation: a. None 3. Outstanding issue(s)for City Council: a, None C- The Meridian Planning&Zoning Commission heard these items again on October 22"'. At the public hearing on October 22"',the Commission moved to recommend approval of the subject AZ and PP requests. I. Summary of Commission public hearing_ a. In favor: Patrick Connor,Providence Properties[Applicant's Representative]; Betsy Huntsinger, representing the proposed hospital b. In opposition: None Page 21 Page 503 C. Commenting: CqU Pitman- Sue Ro ski, Val Stack,• Doug Hanebor -, Heidi Wilson,Charles Hay: Bonnie Layton,WH Pacific (representing property owner to the west of Peregrine Hei hts d. Written testimony: None C. Staff presenting application: Sonya Allen f Other Staff commenting on application: Bill Parsons 2. ICey issue(s)of public_testimony- a. Preference for the parking on the east side of the 3-story medical office building to be relocated to the west side of the building and the building,shifted further to the east so that the building is further away from adjacent residential properties; b. Concern pertaining to traffic on Serenity Ln. if it were to be open to the south and the safety of children as there are no sidewalks along the private street; C. Concern pertaining to future restriction of rigJit-in/right-out access to Serenity Ln. from Chi nden Blvd. and resulting delays for emergency services to Peregrine Heights; C. Request for provision of a fence or a gate at the south end of the Serenity Ln. cul-de-sac to keep it private; d. Request for the larger estate lots that abut the south end of Peregrine Heights to be carried R over to the south side of W. Tanker Dr.-, C. Property owner to the west of Peregrine Heights is in favor of the proposed frontage road along Chinden Blvd. for access to the collector street, 3. Key issue(s)of discussion by Commission: a. The provision of an electronic gate at the south end of Serenity Ln. for emergency access to Peregrine Heights and to keep the laneprivate-, b. Impacts to the design of the site if the out parcel at the northeast corner oftlie site isn't T purchased by the Developer and developed as part of this site; C. Trash enclosures should be located away from adjacent residential properties d. In support of the reduction in height from 4-to 3-stories for the hospital and medical office building; C. Preference for the inedical office building to be shifted further to the east and/or rotated: f. The provision of only one(1)mew_ in the town-home portion of the development. 9-- In general support of the revisions made to the concept Man for the commercial portion of the development. h. Would like the Applicant to work with ITD on noise abatement along the west boundary adiacent to SH-16; i_ In favor of the walkability of the development and especially the medical campus; In support of the changes to the townbome portion_of the developmment and the additional open space, k. Would like the Applicant to work with Staff to reduce the number of lots along the southern boundary of the subdivision to provide a better transition to planned R-4 zoned lots in The Oaks subdivision. 4, Commission change(s)to Staff recommendation: a. Requirement for noise abatement to be provided along the project's west boundary along N. McDermott Rd. adjacent to the future extension of SH-16(see Section IX.A.la.7 and A.3a): b, Relocate the parking on the east side of the medical office building to the west side of the building and shift the building further to the east away from the adjacent residential properties(see revised concept bans in Section VII1.A): C. The Applicant shall work with Staff to provide an electronic_gate that is approved by the Fire Dept. for access to Serenity Ln. from the south(see DA provision#A.Ia.6 in Section IX); and, Page 22 Page 504 d. Reduce the number of lots alonm the soutbern boundary to provide better transition to the R- T 4 properties plaimed to the south ii7 The Oaks subdivision{lots were reduced by 5 along the south and southeast boundaries,see revised plat in Section VIII.Q. 5. Outstanding iissue(s) for City Council: a. Council should determine if the proposed access to the hospital via N. Rustic Oak Way,a collector street meets the intent of the UDC 11-4-3-22 which requires has itals that provide emergency care to have direct access on an arterial_street. ITD denied a i-Equestor direct access via Chi►aden Blvd.far the e►nemency rare component of the hospital foe►•the letter to the Applicant dated Mrty 5, 2020 included in the public record. Alfe)-Ilatively. Council inav dem,the emte encycare conToneg of the hospital use. D. The Meridian City Council heard these items on Deceml7er 1 2QZ0. At the public hearing•fhe __ - - d Council moved to remand the nroJect hack to the=Comm ission in osier for the out-narcel at the nod}east-��rn _Qf the lt�t❑_�e3nclnd�d _annexation a�e� c-yei❑���rtt lan f❑ttl�e Stt_e_. i. Si��tt ❑f_ i�Cit C❑unciI-mil iiheurirt� a. amori f'aWkk-Corimx.. yidemco-Prop 3 esand..Stcphanie Uyx l Enein`eenng(Ann ic-a-pt's Renres- n�_t-_ _ In n�tio�lSiQt1,1y9A� Qmnl�Ati C �itrt]a�iDo1V,Ram cb4t&- vxCltsrt VWrren#-c5t m al P-dteman- �r Staff oreSer�tinRplictiQn���r�Y Allen f. Other Staff commenting on n apmlication: (lint Dolsbv.Joe Bonaiomo, Steye Siddowav 2. Ke_y e issus)of public t tir►mov: __. a. nc�m_pining_!QAaAv h4f ht�f a �raad and access tail fiQ ni1�X Ln 1 &a=nce for the hospital to be shifted as far east as possible away from adiacent r�atiWmg,will-P-YcrLoW�Ae-rcx y d-of� jacmI residential properties; Desire far aanStae to the medical campu�p�rtion of the site f�m Serenity Ln t�rohibit.publie aceessLtmf c on agnermdy _ d. Concerns pertaining to lid t trespass an adjacent residential poperties from the me_dicalcamous;_ Lot sizes o-IoW the southeast corner f Pere- 'ne Hei ht here there are 4:1 1 l&propsed:concern pertaining to Fire Dent.response time; location of water&sewer stubs to Peregrine Heighi�x I4e�tttQn- cc hyslnts�ncita�tQexeine_Height . — ---- 3_ Kev issues of dC11551a�by itv Council_: a. Fire-respo"s'e tjrme--twft-§ite; h. 5 ubA Asi-QnDflhcxwu tifamiIY-mxU tl the it lowin �Qx �Q�uership�f individual apartment structures and concern pertaining toconssigent exterior maintenan= hQuld txtaI -qct-he gDV ci17 �H0 _wspe—0 yp_ ' Ill�It�133et7t_comOanY tQ�tlSldr�c�7n.5ii�tll�Il�tlID�IY�IlIS��h��Ye�1�1�I1L? C. Preference for the out-parce1.at the northeast corner of the site to be included in-the auncxatiml Arm and*Y=gJ—ent�I�fpt tl?�_SLe�C4JdRcal 1�nQt 1n favor_Qf annexing the medical campus paniam of the site without the out�parcel:remand bad to the Commission for inclusion of the out-parcel in the annexation application. 4 CityrgpuaLch-mgQ(s)to Cammission r r mmendation: Fm^ a, None. Page 23 Page 505 E. The Meridian Plannin, &Zoning Commission heard these items on JanuM 21 2021. At the: public bearing,the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing_ a. In favor: Patrick Connor Providence Properties; Stgphanie Ho kins KM Engineering (Applicant's Representative) b. In opposition: Cosy Coltrin c. Commenting: James Jacobson,Attorney representing Peregrine i-Ieigjhts Homeowner's Association: Sue Ropski: Cary Pitman, Doug Haneborg d. Written testimony: Stephanie Napkins.Applicant's Representative(response to the staff report e. Staff presenting application: Sonya Allen f Other Staff commenting on application: None ?. Key issue(s)of public testimony: a. Opposed to development of a medical campus directly adjacent to Peregrine Heights residential subdivision and request for C-G zoning to be denied, b. Concerns pertaining-to where medical waste containers will be located location of loading docks next to residential,opposed to 4-story medical office building structure which will obstruct views, Iocation of frontage road/emergency access along north boundary of Peregrine Heights Subdivision from Chinden Blvd.: C. Not enough buffer between existing residential properties and proposed commercial development, d. Objections to a frontage road/emergency access driveway at the noitli end of Peregrine Heights subdivision along Chinden Blvd., e. Concern pertaining to light trespass from the commercial site on the adjacent residential properties: e. Clarification from the Applicant that this is►r_u_t a trauma center—most business will be related to wornen's health procedures and not emergency services. 3. Key issue(s)of discussion by Commission: a. Supportive of the continued changes that have made to the development plan by the Developer at the request of Staff and the neighbors, b. In favor of the proposed medical campus in this location of the City and belief it's an appropriate use for the MU-R designated property; L. Empathy for the impacts to the residential property owners adjacent to MU-R desigmated property and proposed cornmerc aI development d. Commission change(s)to Staff recommendation: a. Add requirement for the buffer along the west boundary of the site to incorporate a 2- foot tall berm with an 8-foot tall wall on top of the berm to assist in blocking the noise from the commercial development.This requirement is contingent upon approval from the Peregrine Heights HOA, otherwise, if not approved by the HOA, landscaping and the wall shall be installed as proposed on the concept plan(see DA provision#A.Ib.9 in Section IX). 5. Outstanding issues)for City Council: a. Council should determine if the proposed access to the hospital via N. Rustic Oak Way, a collector street,meets the intent of the UDC 01-4-3-22),which requires hospitals that provide emergency care to have direct access on an arterial street. ITD denied a request for direct access via Chinden Blvd.far the emergency care component of the hospital per the letter to the Applicant dated Mar!S, 2020 included in the public record. Alternatively. Council trrav dem,the emergency care componem of the hospital use. Page 24 Page 506 The Meridian City Council heard these items on February 23.A-prii 13,and Ma ]-S_2621, At the w public hearing on May 18'�'.the Council moved to approve the s�_tbject AZ and_ PP_ r_equ�t L Summary of the Cii�ouncilpublic hearing;. i Step>tpni.e Haukip�,.KM Fngineedn b. Ln-oppodt-im NQr& c_ Commenting;Sue R_Qnski;Kristy Inselman.ACHD: Val Stack --- -- _ -- -- Sul-ff Fr e i��� jil m ilu ,sanva Allyn Other Staff commentg on a, li ati n: _ anc 3, MY iss gb)Qf jwb-k lestrmmw a Concern pertaining to the frontage road and heieht of the a proposed structures; t� Clarification pn the number ofrentai nrtrn re ti cs allowe ._ _ithi the develat}ment fup to 7. %)j r-OU the C. Concern Pertaining to safetv and aecess to the commercia��n of the site. I KmWued of discussion by City Council: eL CQrt�rn� irti g dir�ctiQ�Qf-psi > ]cgi�zt_�� g�At�pr rty-ttaxo-and hesitancy to move forward with this ap)iicatio.n until more information is known. Cau��il.�lQved to canii]ule�is a___-_,n�.nlicatinn to An�_�;��ublic te - �wil1� b. Differing-iniotls�ertainin�to whether or not the h- i. 1 5ta hm-d serve--as a trauma �nter��ith�Qciated.wse�l uvilh�n_errterg�nc�rQQtrtr-�Qtne_rc�nsns[ire bccausaxon iWt-&ya_WnWe ffrom_an anuiafsue-qt and bcca s-Qf.im wis _e in i i n_i li ors(i.e.helicopirsl: 4. Cit►r Colttlt� .rl�e{sl to Commi �iQt�� tiQn a. C-ounciI dmr.me-daw-em-for�r-cmmmcu mmma-R ti c 5��4�Ql lector-slyeet.mneet� ft intent Qf thc_reWrement in X -1-3-22A for direct ace_ess to he myided on an arterial_strQcx;.�I�s�,.tltat-tl�hsa��at�u�d.nQt.p�ar�ue>�ei[tg�.t�nated3�5sa trauma center. Page 25 Page 507 VIII. EXHIBITS A. Master Plan Conceptual rendering&Medical Campus Conceptual Development Plan - REVISED u S H1GHwo xSMHIaotN Owl) K. PROPOSED RntOPUS 1 PRESCOTT w C4Mt5 -- r r RIDGE MERMIAN,MAT40 uvx.#ru44 wu,eCi mcvAHGL - FUTURE SCHOOL SITE i L FUTURE OAUS NDRTH Su604V61 awepifor-aleffg the eoUeetov streets(i.e. AE Rustic Oak Way&AkDermeu Rd-.)and on eammeH lo Page 26 Page 508 Concept Plan#2 (including eut""eel)[dated: 1/19/21]: SITE IN:OP NATION P�EC zDmm ^.d k+ DT Wm.0 wif WW r..K ..-JFW.!Y1 f•.-c lhi 9 lal 11 . --r tnixaiccr��i� r � y+x+nww�.n-- S�si[�lpV'I.�inOpT K - �.kmc�a�o we srles II�� Ili 1.',I.I1"711_ I10 Ili 1-6 -Airw. [IT III I III A j III IIIIIT{I mUTMITri„IM111 - jij.U111 �•-i•� �'��4l�w Nf I MI f 4 �g50Flp�/In Page 27 Page 509 B. Annexation&Zoning Legal ❑escriptions and Exhibit Maps C-G I9NIHG LEGEMp N A _ RUT p �o z x Y a¢ z U I I -15 PUTlam I ! I 1 R-8 / .f/� I I [HUIHEEAIHQ R-S a R-8 R-4 Plan stale:l'_'.tlo' Page 28 Page 510 km E N G I N E E R I N G December 17,2020 project No.19.140 Exhibit A Legal Description for Annexation Rrescott Ridge 5ubdivi0on A parcel of land situated In a portion of the West 1/2 of the Northeast 1/4 and a portion of the West 1/2 of Section 28.Township 4 North,Range 1 West,BaIse Meridian,Ada County,Idaho and being mare particularly described as foliows: Commencing at an aluminum cap marking the Northwest corner said Section 28, which bears IV89"27'17"W a distance of 2,609.40 feet from an aluminum cap marking the North 1/4 corner of said Section 29, thence following the northerly line of the Northwest 1/4 of said Section 28, S89'77'17"E a distance of 1,484.66 feet to the POINT Of BEGINNING. Thence following said northerly line, 589'27'17"E a distance of 1,124.74 feet to said aluminum cap marking the North 1/4 earner; Thence leaving said northerly line of said Northwest 1/4 and following the northerly Ilne of the Northeast 1/4 of said Section 28,S89'25'25"E a distance of 60.00 feet to a point; Thence leaving said northerly line,S00"43'55"W a distance of 659.99 feet to a point; Thence S89'24'23"E a distance of 1,24E.58 feet to a 5/8-inch rebar on the easterly lire of the West 112 of the Northeast 1/4 of said Section 28; Thence following said easterly line,S00'36'13"W a distance of 1,615.76 feet to a 5/8-inch rebar; Thence leaving said easterly line, N77'58'17"W a distance of 1,338.12 feet to a 5j8•inch rebar on the easterly line of the Northwest 1/4 of said Section 28; Thence following said easterly 110e,500*43'55"W a distance of 62595 feet to 2-inch pipe marking the Center 1/4 of said Section 28; Thence leaving said easterly line,500°43'51'1i1I a distance of 24.35 feet to a 5/8-inch rebar; Thence 553'05'53"W a distance of 16.5-3 feet to a 518-inch re bar; Thence N78"07'38"IN a distance of 19AS feet to a 5/8•inch rebar; Thence 589'18'46"W a distance of 45.49 feet to a 518-inch rebar; Thence N86°14'49"W a distance of 63.62 fleet to a 5/$4nch rebar; Thence N88'50'040W a distance of 85.57 Beet to a 518-inch rebar; Thence N80'59'54"W a distance of 36.69 feet to a 5/Nnch rebar; Thence N70`27'41"W a distance of 25.64 feet to a 5/8-inch rebar; Thence S89'15'00"W a distance of 20.04 feet to a 5/8-inch rebar; Thence N86'53'39"W a distance of 189.53 feet to a 5/8-inch rebar; Thence 564'04'03"W a distance of 27.64 feet to a 5/8-inch rebar; Thence N89'14'25"W a distance of 7819.53 teet to a point; Thence N00"52'21"E a distance of 16,96 feet to a point being the Center West 1/16 comer of said Section 28; Thence following the southerly line of-he Northwest 114 of said Section 28, N89'21'12"W a distance of 686.03 feet to a point; Thence leaving said southerly line,N01'00'37"E a distance of 440.40 feet to a paint; 9233 West State Street • 6o6e,iduho$3714 • 208,639,5939 kmengllp.cam Page 29 Page 511 Thence N89'21'12'W a distance of 625.00feet to a point on the westerty line of the Northwest 2/4 of said Section 23; Thence following said westerly line,NO1"00'370E a distance of 690.74 feet to a point; Thence leaving said westerly fine,573'33'16"E a distance of 483.50 feet to a paint; Thence 578°08'1fi"E a distance of 585.77 feet to a point; Thence 546'56`41"E a distance of 299.29 feet to a point; Thence 1475'51'12'"E a distance of 48.41 feet to a point; Thence N00'52'17"E a distance of 215.98 feet to a 112-inc h re bar, Thence N75`32'13"E a distance of 272.40 feet to a 1/2•inc h re bar,, Thence 30.59 feet along the arc of a-ifcuIar curve to the left,said curve having a radius of 45.00 feet,a delta angle of 38°56'33",a chord bearing of N75°32'13NE and a chard distance of 30.00 feet to a 1/2-inch re bar; Thence N75`37'13"E a distance of 219.13 feet to a 1/2-inch rebar; Thence N00`32'13"E a distance o€1,497.29 feet to a 1/2-inch rebar; Thence S69'18'13"W a distance of 270.56 feet to a 1/2•1nch rebar; Thence N31'55'35"W a distance of 8'.73 feet to a point; Thence 53.14 feet along the arc of a circular curve to the right,said curve having a radius of 115.00 feet, a delta angle of 267919",a chord bearing of N18'41'13"W and a chord distance of 52.67 feet to a 5/8- inch rebar; Thence NOW32'43"E a distance of 125.29 feet to the POINT OF BEGINNING. Said parcel contains a tatal of 128.2U7 acres,more or Iess. Attached hereto is Exhibit 6 and by this reference is hereby made a part of, GIST 12459 m � ar or L. 13kyS' Client Fruject Name PAGE 12 Page 34 Page 512 &UMWLIM CAP p POINT OF BEGINNING N 1/4 CORNER BASIS OF BEARING SECTION 28 20 21 W ChIndenBMd(Hwy20/26) _ 589'27'17'E 26DMO' L1 29 �ALIJMINIJM II24.7s' c M POINT OF 4`OMMENCEMEWN NF� Lie �.�8 sw43'55'W c p SECTION 28 MOWro N X i ry CU � o `c fv "9'24'23'E 1246.58' = t!7 z z n = Q N ~ �2 W ` 1 -t ONO 'r m ❑ n n � 1., a 250 saa 1000 m � °u eo L•1' z eti �1�'r { �^. L U co 0 W SCALE: 1"m500' y AnFlexatian Arpa:92$.207tAC. 8 54428233640,R5991222210,SO428120950, n = 1 al. S0428131315,50428131200,R6991222101&50428211102 Current Zoning:RUT coj � .588.77' 41 B C 1 Q p n S41YWOT"E DAN, nECEUMR3030 299.29' yea Ev10JELT•. Le•1w N69'21'12'W N7�SW17., SHEM 825.40' W T'�'�•12, 1 OF 2 pp qq M vy Y O Y CENTER—WEST 1/16 CORNER g $ OF SECTION 2B r9i 2- PIPE v CENTER OF SECTION 28 a Nalr21'12V 686.fl3' r 9RAES CJP L4 N89'14'25�I1 789.53' w 1/4 CORNER km SECTION 28 r r Ll �' L5 Y ERGIIiEV6.%AVErM.PVNNERS 1 9233 WEST STATE S1q!£T Ll 7 Y L2 WISE,log wmm —L12 L7 LO aE1wtlE ldW}b G039 LB_!_'LA l3 FA%;Ipp 835i730 Page 31 — Page 513 a � Q a LANE TABLE LINE TABLE �a LIHs GEARING QISTAN CE L14E BEARING QIVANCE C m LI SB9'2525"E 50.00 LI5 N0'52'17"E 215.98 C 't Q c 1.2 8743'51-W 24.35 L16 NM2'13'E 272,40 CO .VT � m 13 S53105'531N 16,53 07 1175'32'13'E 219.15 n L4 N78'07'3111W 19.08 LIB SG9'18'13Yr 270.55 0.1 -a a LS 599'15'4611f +5.49 L19 N31'55'35* 81.73 c Lf) Z LB NW14-49-W 03.62 L20 N0'32'41 E 125.20tw d L7 N68'SO'04-W 85.57 LB HBQ'58'5+1M 36.59 i+ 4 L9 N70"37'41'W 25.64 ❑ ;g L10 S89"15bD-W 20.04 X u w G Ll% NW53'39'W 169.53 U = CL ti 41 T 99Y04103'W 27.64 r+ L13 040'52'21"E 18.96 C L14 N7551'12'E 48.41 a 6 t < q CURVE TABLE DATE GeLWe[R ZOE HO CURVE WIUS LENGTH DELTA CH BRG CHORD wlouen: 16.140 E:1 45.00' 30.59' 3B'56'33'I N7S32'l3-C I 30.0W SHEET: C2 115,Q0' 53.14' 26'26'38`I MEM-13'Yf I 52.E7' 2 OF ? km EnrmLus.sunvlm�.s.runnms 9i331VLSi SE0.TF STpEET B04E,IOAMKI lliu emome lwwl ei9-HIPi FAX I"634-6910 Page 32 Page 514 km fNaaINEERINa De[emhef 17,2020 Project No.18-140 Exhibit A Legal Dewription for Rezone to C-G Prescott Ridge Subdivision A parcel of land situated in a portion of Northwest 1f 4 and a portion of the West 112 of the Northeast 1/4 of Section 28,Township 4 North, E.ange 1 West,Horse Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner said Section 28, which bears N89'27'17"W a distance of 2,609.40 'eet from an aluminum cap marking the North 114 corner of said Section 28, thence following the northeryy+line of the Northwest 1/4 of said Section 28,599'27'17"E a distance of 1,484.66 feet to the POINT OF BEG I INN INC. Thence following said northerly lane,589'2717"E a distance of 1,124.74 feet to said aluminum tap making the North 1/4 corner; Thence leaving said northerly line and following the easterly fine of said Northwest 1/4,504'43'55"W a distance of 586,55 feet to a 1/2-Inch rebar Thence leaving said easterly sine,589'?5'31"E a distance of 17.44 feet to a point; Thence 500'34'29"W a d+stance of 397o.44 feet to a point; Thence N89'25'31"W a distance of 826.54 feet to a point; Thence N08°32'13"E a distance of 837.,52 feet to a 1/2-inch rebar; Thence 569'18'13"W a distance of 279-56 feet to a 1,12•inch rebar; Thence N31'55'35"LV a distance of 81.73 f"t to a point; Thence 53.14 feet along the arc of a circular curve to the right,said curve having a radius of 115.00 feet, a delta angle of 26'28'39",a chord bearing of N18*41'l3"W and a chord distance of 52.67 feet to a 5/8- inch rebar; Thence N00'32'43'E a distance of 125.29 feet to the POINT OF BEGINNING. Said parcel contains a total of 19.852 acres,more or less. Attached hereto is Exhibit 0 and by this reference is hereby made a part of. �G l +� ,12459� OF L. Is 9233 Went Stete St4eet • Raise,Idaho 83714 • 208.639.6919 • kmr.ngllp.com Page 33 Page 515 '6 CV N = 3 AMMINOM CAP 07 O W.Chinden Blvd{I Iwy 2d126i N 1/4 C"41M R L.] POINT OF 8E61NNING {" OASIS OF BEARING }SEnON Pn L 2U 21 589'27'17"E 2fiD8.4D' 1 C � 24 28 S89'27'17"£ 14B4.68' U F1R4.7i' - •L ¢ rW32'431 �0 '> p m 125.294.1 ' r 0 V) N37'S!S'351Y ry-Td" D7 cu M tri 51,73' c t'n D Rezone Area:19.$5t AC. m41 (Li G 50428211102,R6991222101,R5991222210(Portion), O � +n SO42812095D(Portion),S0428120640(Portion) w o c &$0428131200(Parton) yr x W a Curren[Zoning:RUT ul E1 a Proposed Zoning:C-C N ww [G m Q QP r Q O Yq Z M SSB'25'31'E a 17.44' -1 ., DATE: CF{EINBER 1070 r; CURVE TABLE i n v�Iscz 1RE°a CURVE RWIUS LENGTH DELTA CHORDBRG CHORD SHEET: i m 1 OF 1 C T 11&00' 53.14' 2F2B'39" R 1ir4l'l31Y 52.67- NWZV31 V 826,54' kin i EG . WiTOP6 PNNF ml Q 100 200 400 I 9113YEST STATE 5:AET 7<OV4,-I)ANO 63714 PNpNi Pw)6150n SCALE: 1"=200' oAx Izoetsss4sx Page 34 Page 516 km E N G I N E E R I N G April7,2020 Project No.18.140 Exhibit A Legal description for Rezone to R-8 Prescott Ridge Subdivision A parcel of land situated in a portion of the West 1/2 of the Northeast 1/4 and a portion of the West 1/2 of Section 28,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho and being mare particularly described as follows: Commencing at an aluminum cap narking the Northwest corner said Section 28, which bears N89'27'17"W a distance of 2,609.40 feet from an aluminum cap marking the North 1/4 corner of said Section 28,thence following the northerly line of the Northwest 1/4 of said Section 28, S89°27'17"E a distance of 2,609.40 feet to the POINT OF BEGINNING. Thence following the northerly line of the Northeast 1/4 of said Section 28,589"25'25"E a distance of 60.00 feet to a point; Thence leaving said northerly line,500'43'55"W a distance of 658.99 feet to a point; Thence S89"24'23"E a distance of 1,248.58 feet to a 5/8-inch rebar on the easterly line of the West 1/2 of the Northeast 1/4 of said Section 28; Thence following said easterly fine,500'36'13"W a distance of 1,615.76 feet to a 5/8-inch rebar; Thence leaving said easterly line, N77`58'17"W a distance of 1,338.12 feet to a 5/8-inch rebar on the easterly line of the Northwest 1/4 of said Section 28; Thence following said easterly line, 503°43'55"W a distance of 625.95 feet to 2-inch pipe marking the Center 1/4 of said Section 28, Thence leaving said easterly line,S00'4V51"W a distance of 24.35 feet to a 5/8-inch rebar; Thence S53°05'53"W a distance of 16.53 feet to a 5/8-inch rebar; Thence N78"07'38"W a distance of 19.68 feet to a 5/8-inch rebar; Thence S89"18'46"W a distance of 45.49 feet to a 5/8-inch rebar; Thence N86°14'49"W a distance of 63.62 feet to a 5/8-inch rebar; Thence N88°50'04"W a distance of 85.57 feet to a 5/8-inch rebar; Thence N80°59'54"W a distance of 36.69 feet to a 5/9-inch rebar; Thence N70°27'41"W a distance of 25.64 feet to a 5/8-inch rebar; Thence 589°15'00"W a distance of 20.04 feet to a 5/8-inch rebar; Thence N86°53'39"W a distance of 189.53 feet to a 5/8-inch rebar; Thence 564°04'03"W a distance of 27.64 feet to a 5/8-inch rebar; Thence N89°14'25"W a distance of 799.53 feet to a point; Thence N00°52'21"E a distance of 16.96 feet to a point being the Center West 1/16 corner of said Section 28; Thence following the southerly line of the Northwest 1/4 of said Section 28, N89'21'12"W a distance of 686.03 feet to a point; Thence leaving said southerly line,N01'W37"E a distance of 400.00 feet to a point; Thence N89°21'12"W a distance of 625,00 feet to a point on the westerly line of the Northwest 1/4 of said Section 28; Thence following said westerly line,N01'00'37"E a distance of 690.74 feet to a point,- 9233 West State Street a Boise,Idaho 83714 • 208.639.6939 • kmengllp.com Page 35 Page 517 Thence leaving said westerly line,571'33'15"E a distance of 483.50 feet to a point; Thence 578°08'16"E a distance of 589.77 feet to a point; Thence 546'56'01"1 a distance of 299.29 feet to a point; Thence N75'51'12"E a distance of 48.41 feet to a paint, Thence NOO°52'17"E a distance of 215.98 feet to a 1/2-inch rebar; Thence N75'32'13"E a distance of 272.40 feet to a 1/2-inch rebar; Thence 30.59 feet along the arc of a circular curve to the left,said curve having a radius of 45.00 feet, a delta angle of 38'55'33",a chord beari7g of N75'32'13"E and a chord distance of 30.00 feet to a 11 2-inch re ba r; Thence N75'32'13"E a distance of 219.13 feet to a 1/2-inch rebar; Thence NOO°32'13"E a distance of 659.67 feet to a point; Thence 589'25'31"E a distance of 279.95 feet to a point; Thence 5D0'34'29"W a distance of 420.05 feet to a point; Thence S89°25'31"E a distance of 275.60 feet to a point; Thence 82.73 feet along the arc.of a ci•cular curve to the right,said curve having a radius of 150.00 feet, a delta angle of 31`36'09",a chord bearing of 573°37'27"E and a chord distance of 81.69 feet to a point; Thence S57°49'22"E a distance of 138.32 feet to a point; Thence 275.78 feet along the arc of a circular curve to the left, said curve having a radius of 500.00 feet, a delta angle of 31°36'09",a chard bearing of N16*22'33"E and a chord distance of 272.30 feet to a point; Thence N00°34'29"E a distance of 233.13 feet to a point; Thence 589"25'31"E a distance of 496.43 feet to a point; Thence NO0°36'15"E a distance of 294.85 feet to a point; Thence N89'24'23"Uv a distance of 496.59 feet to a point; Thence N00`34'29"E a distance of 122.33 feet to a point; Thence N89'25'31"W a distance of 17.44 feet to a point on the easterly line of the Northwest 114 of said Section 29; Thence following said easterly line, NO7'43'55"E a distance of 586.55 feet to the P01NIT OF BEGINNING. Said parcel contains a total of 99.532 acres, more or less. Attached hereto is Exhibit B and by this reference is hereby made a part of. ()i L �h►p �lST 12459 0 M gT o F Client Project Name PAGE 2 - Page 36 — Page 518 POINT OF BEGINNING o ALUMINUM CAP _ N 1/4 CORNER E SECMDN 28 BASIS OF BEARING W,ChIndenBlvdI Hwy 20/25i CL —589'27'S7"E m `p t7 C Y POIHr OF COMMENCLMEW C m Q KW CORNER P S06.43.55'W �i .0 SECTION 28 fi58.B9 N m I - •7 a N k � I Mly o w L243 S 89.24'23'E 7248,58 O G� rZ L22 589'25'31'E w0N.7 CwD0 279.95' N N +i 498.43' U0 250 500 1000 w � fl1 ul x Lw LuSCALE: 1"=500' LIB Sj 44F 3773 o C? _ +� Rezone Area:99.53±AC. bL2 589'2 '3 78•G8.1 0-1 50423233640,R6991222210(Portion),50428120950(Portion), h a a 589•77' 4z6 CS S0428131315&504281312GO(Portion) ¢ o Current Zoning:RUT S46'58'01"E Proposed Zoning:R-8 CAM nvRuruzu 290.29' 04 PROJEU MAO N 025.00' w +v7r5a':7-y �3•t9.1a• SHE 1 OF 2 ❑ M � N 'no CENTER-WEST tr16 CORNER g r OF SEC75014 28 N PIPR OF SECTION 28 g N69'21'12"+N 686.D3' i1 �� — BRM CAP 03 N89'14'25'W 7B9.53' _ T W 1/4 CORNER lam SECTIAN 29 JJrr —~ WGiNCEPS.S L FVO ASLg !M)WEST STR"E 5T RPE: AE 1 L71 DSr•IPA110B3714 2 L7 L6 MON E17o 63914" ` N NEfi4 La iAY r148f 6396930 Page 37 Page 519 o — 0 B- a LINE TR9LF LINF TABLE ,� p u LINE MUM ING dSTRHCE uaol: 11F1121NG O15'fSHLE n a Lf sw2v25-E 6[L00 05 NO3PWE MAPS LA C LP 50'4051*1' 24.35 L78 H75'32431 27Z40 � m L3 553'05'5Yml1' 18.53 L17 H7532'131 2111.13 Q }� ++L4 M75'tl7'381F 19.88 L79 589'25 _c '31'E 275.80 7 A 1S 589'18'461W 46.i9 L19 53748'22"E 1'u68P O V] a �' IV LO H99'14'49Y/ 53.82 L20 N014'WE 233.73 IV Y 0 H88'S0'041Y 85.57 L21 NO'38'19Y 294.85 p ry to N80'S9'WW 35,60 L22 NW24'23-R 49LSS L9 N70'27'4111 25.64 L23 N6'74'29E 12233 LIO SW I' 1'00^N 20.04 L24 H59'25'31jN 17.44 t VV7 3 G s NGII'M'Wh 189M L25 Npi3'S5t 516,55 W Lt y N L12 S84'04'03"N 27.54 e 1_E3 HP52'21 E 16.90 C 3 0 04 N75'5117.E 40.41 C iv O = a Q `o CURVE TABLE ENSE 4rcm7WD GURVE RADIUS LENGTH DELTA SHOR ORG [MM11 nwrn: nau CY ►SW 30.59' 3tr98'33' HMS21131E 30.00' SHEET_ CIL 1L0.00' W-73' 31'36'09" S73'S7'27t 81.W d OF 2 CS 500,00' 275.78' 31'38'09' H1C22'S3'E 272.37 ENGINEFAS SuxYP'Pas.rilW":� 933f wLy1�F05*IREi iE1�O A 31k4 �ifwl ww „fAi i]OLi 6l}f�A Page 3$ Page 520 km E N G I N E E R I N G April 7,2020 Project No.18-140 Exhibit A Legal Description for Rezone to R-15 Prescott Ridge Subdivision A parcel of land situated in a portion cf Northwest 1/4 and a portion of the West 1/2 of the Northeast 114 of Section 28.Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner said Section 29, which bears N89°27'17"W a distance of 2,6C9.40 feet from an aluminum cap marking the North 1/4 corner of said Section 28, thence following the northerly line of the Northwest 1/4 of said Section 28, S89'27'17"E a distance of 2,078.14 feet to a point; Thence leaving said northerly line,SCO'43'55"W a distance of 983.71 feet to the POINT Of BEGINNING. Thence S89°25'31"E a distance of 546.59 feet to a point, Thence N00"34'29"E a distance of 275,11 feet to a point; Thence 589'24'23"E a distance of 496.59 feet to a point; Thence 500"36'19"W a distance of 294.85 feet to a point; Thence N89°25'31"W a distance of 496.43 feet to a point; Thence S00'34'29"W a distance of 233.13 feet to a point; Thence 27S.78 feet along the arc of a circular curve to the right,said curve having a radius of 500.00 feet, a delta angle of 31°36'09",a chard bearing of S16'22'33"W and a chord distance of 272.30 feet to a point; Thence N57'49'22"W a distance of 138.82 feet to a point; Thence 82.73 feet along the arc of a circular curve to the left,said curve having a radius of 150.40feet,a delta angle of 31'36'Q9",a chord bearing of N73°37'27"W and a chard distance of 81.69 feet to a point, Thence N89'25'3VV a distance of 275.60 feet to a point,- Thence N00'34'29"E a distance of 420.05 feet to the POINT OF BEGINNING. Said parcel contains a total of 8.822 acres,more or less. Attached hereto is Exhibit B and by this reference is hereby made a part of. T 12459 Q a fi OF L. BAy1'�` 9233 West State Street • Poise,Idaho 83714 ■ 208.639,6939 0 kmrngllp.com Page 39 Page 521 1 rl Q1 ALUMINUM CAP N 1/4 CORNER ql BASIS OF DEARNG SECTION 28 m 20 21 'SW27'17��2509.4.0 W.[hinden 91ad(HOLY�0176} a C� 29 28 2078.14' — f — — — Lr7 � a a a POINT OF COMMENCEMENT I > m m ALUMINUM CAP 0 C NW CORNER — SECTION 26 F f (1) �- a V) 5B9 24'23"E 496,59' — a) ^ I �I cc Uq ° o ' [Y] io 0 I POINT OF BEG: NNINC { S89'25'41"E 546.59' I y m r m ff Rezone Area: 8.82±AC. N89.25'31"W 496.43' Q R6991222210(Portion)& N .2 o nL 950(Portion) n ° Zoning:RUT a Zoning:R-1SOAif: APRIL 70.'MPA61EC1' 18.1d0SHEET:I1OF1 1 275,60' C2 CURVE TABLE N57'49'22'W 0 100 200 400 CURVE RADIUS LENGTH DELTA CHORD ORG CHORD 138.82 CS 500.00' 275.78' 31'36'09" 51622'WW 272.30' I SCALE: 1"=200' EHGINEEFS.SIJAVETOfl9.PLANNERS 9239 WEST$TATE STREET C2 150.00' 92.734 31'36'09' N73'37'27W 81.69' DOSE,IDAHO M14 PHOK Ime}fi39.69;9 FAX{208I6344910 Page 40 Page 522 C. Preliminary Plat(date: 8/28/ 020 1W21n0 1 1/20/2-0 12/22/20).Phasing Plan & Lot 1 ,,you!fi hibi, REVISED PRESCOTT PRELIMINARY PLAT SHOWING -- --- - I� — A PARCEL Of LAND SITVATEO IN A PORTION OF THE NORTHEAST 1 I OF THE NOR THWE T 11A OF SECT ION 29.TOWNSHIP 4hOFITH, r"I _� --�1]�� RANG E1WE51,8019 M ERIO�MI,AOAWl1N'fY,IDAIIO __A----'�--- " 1 ..� _e�-�Zf — r..� aanjrrauo oT - 7 q I 2 I 4• •.4 p 0 B �d a 2 q q M q I 'D B V ®�. � 0 D f��0 0 p�O 0 RHUM IIODGE SIIBONI i �. a N rm`®D w e - 8 F�� e D e m ®� a I MExroulll,ioA�lp - o Q a •Dee ■ r ii e o ; � ®+m m u m a D i I r _ - km e - - :•�:• Page 41 Page 523 ` fll 71 1 Id�! 5' T aimr J ,1- 1 ..Y PM Qn F 4E UMN I, r W.luoA,µ�bRNo ergo g' MFTOi I,R�-SEE SHEET PP2.2 1 1 a•'� ti I ♦t 1 � ♦ r 9 1 �I,-_ems 9 Al f _ ♦t �� _ ._� � _� � �_ •r� Any;. E- f , r �• .- . . _ `- .,, � �.. __:'_ � t •'.-I � . -? - J-Jam..-_e -x--'.w,.,,�Y r ,.- • r G r =: -��.75'.1",a _ •{''r RriWi1 MCGF SUB0N15 y, 1:, 3 T Fi 9 c R + •A _. a L 5 Ej1 { s la y e .: $ r .i, MER,21AM.0 H0 1 3 y N117 IA___i� _i_�S'_�_i�_G-Jl fit LMOUT PLAN PP21 Page 42 Page 524 ,-, - --rr----- -- - --rrr r-rrrtrr.-_Ir ltjLIN�-.5EE SHEET PP2.w�� rt® ra a1 :. -1 FE{E I'!C I!$�. rr':- ..•.i ...r t' I b 0 91` it I• .. �-�r �i�j Y I ! i. Tom'•i•�-•-.• ,n � -• ~+.. I e j,_•.,, � 7�R r N 1. I i w 3�:' a � � q MATCH IINE•SEE SH CET PP2.1 �\, :--3_`- kM':7 s A F' f, -__-_- o- , FII LAYOUT FLAN ♦♦ . .-_� � Y.':lf . s 'y 6 _ - _____; 4 _ fl n ♦.. _ T lw�.° 71 � ff a dry 21♦1 --.. - � -ir- � �. en[SGDrr AWGEw171rv5i Y PP7 7 1 1 xl Ir 71 1 W E 1 w � 1 4 � rl 1 MATCH LINE•5EE SHEET PPI.4 -------------- 1- •� -_ 1 1 I is = A �• �1 W 3 . � _ __ 0 1•a� FESCOf11176FS ----j- ----------- - MATCH LINE,SEE SHEET PP2,z E-��w-w---r��-,.--------ww-1 T Page 43 Page 525 ---- -------------------- -------------- - --------------- 1. '------------ 1 1 r r I r 1 i � I �i �+ I �i i r 1 r r r I r r ' I r r 1 I 1 r 1 1 r 1 / I I I I _ _ 1 t r Page 44 Page 526 I'hIRSE aIJLQTS L LpT5 � I 69 2 iA sr � IHASE 1 m SQ 7 G _ r ..' _ F LCTS ALE 37'J o y L4 a rHA-•E p s 'I' PIN - w } km ,.. 1 I N G k N II6ING _ H .E ? 1OF1j �L[�jIJ r�a�scale�•-aua Page 45 Page 527 D. Landscape Plan{date.- 8Q6QA20 '019Q020 1 i A nQn 12/22/20 —REVISED '•_T"L.•S.L^.,7, �:^�..,^"`S.'-14 o}lM1 S>'RLL lOf MGS 1 a7i f---?msrsas �• 7 a " %04 'TUTALOkW WALE NEES b STAiECL TtEE I1EIlE V351E1 . �`-� �I- r- a,� _q nLiww►+Tou[uuT�oEe - •- Mn4WTON PFNmfJEN.s +�_—u RESCOR NIA!Rkis SI krn LANDSCAPE SITE PLAN '� -M --_-- PPLtA Page 46 Page 528 4i f Y •�- _ -��a-a�a�-ter f i • - ,� it 1 .s_. ��'"�` L r 3 y+ 2._ . 4;�.r r � 1 �r. Page 47 Page 529 tle -i � �f�:--- I ��•/•�, � gyp, � t�l..�L/ � � - I a ELM 1 �---------------- -...�..��-------.----r�� �� _ �.. wt.n ----------------- Al Page 48 Page 530 asir. - 77.:7' 9r Page 49 Page 531 E. Qualified Open Space Exhibit& Site Amenities (dated: W26/20 10/9/2 n 12122121)}—REVISE❑ PRESCOTT RIDGE SUBDIVISION _ IAMWTM S OPEN SPACE EXHIBIT sue.Yaan ;, Y'— Ill - 1 E I .n ■ _— � PEEPER•A10E II '� f Y ���•- f-iF ■ �. - I ....-e • r`R INIr■�� h r Y F � � ■� �, -_ .a"'"'-' .r ' �uFS[01T R111GE 511lpYe510N T'n w. r Y l r r w�ip N e ! MEPIOIAHw ORFIO peso Page 50 Page 532 ►uNENmFs T r A-POOL AND CLUBHOUSE 15605E 9UILDING T S*X3D'POOL IT PARNING SPACES ' R� -- '�•-•d 6-LA*GE TDI wr C- GPrOT LOT g E DO o-DOG PARKIPOCKE7 PARK PRE SC�.JTT .i .w' E-OPEN SPACE t, a= F-MEW RIDGE G-PROPERTYMANAGEWINT + NLnouv-rotib �, E- q � '- OFFICE.ENCLOSED BIKE .a,.-.... LJ STORAGE CENTRAL - G MAILBOX CLUSTER.AND g 0F*CT0RYMAP -.1 cn } F :w ll h -- - _�— i A SCHEMATIC CLUBHOUSE B LARGE TOTLdT mm C SMALL TOT LOT �ZDOG PAR KLP_OCKET PARK Page 51 Page 533 F. Parking Plan (dated:41912 10/21/2020)—REVISED I v } '20 K S "r 14 F'AFtK I NCs E><N18i r ec.m i.an aenwc Page 52 Page 534 G. Conceptual Building Elevations/Perspectives -REVISE❑ SINGLE FAMILY HOMES u 'S■�� PRESCOTT RIDGE - - TOWNHOMES FOUR-PLED(FLATS a B 715 kip a� �6- m C Page 53 Page 535 Three-story Hospital Watercolor Rendering MERIDIAN HOSPITAL TEST FIT H C A;� In.1%2' Healthcare Page 54 Page 536 H. Parcel Status Exhibit IandproDATA Parcel Status Exhibit R6991222101 -Wheaton Legal parcel as a platted lot SO428211102-Roark within Peregrine Heights Legal parcel per e-mail Subdivision and e-mail from from Brent Danielson Brent Danielson dated l 6.26.T 9. dated$.28.19, W 20 w Cbinden Blvd C I SO428120640-Providence Illegal parcel,but will become AC HD right-of-way per Christy Little e-mail dated 11.6.19. R6991222210-Roark - Legal parcel as a platted SO428131200-School [at within Peregrine Illegal parcel,but included Heights Subdivision. with this application to SO428233640- Hon rectify illegal status. Legal parcel per e-mail from Brent Danielson dated 9.5.19. - ❑ col SO428120950& 50428131315- Kuenzli House parcel is legal. Remainder is illegal, but will be rectified s7 50428233620-Thomson by this application.�`oA Legal parcel per a-mail from Brent Danielson dated 9.5.19. 43°39'13.74"N 115°27'15.48"W A'np 9113 b1G t i Aug 26r 2019-IandproVATA.com The materials avallahle at this we Mite are for informational Scale!1 inch approx 600 feet purposes only and do not constitute a legal document. Page 55 Page 537 IX. CITYIAGENCY COMMENTS & CONDITIONS A. PLANNING Dtv15ION FeVlSed an d su bmitted to the City Cl erk at least 10 days prior to th e City Connell hearin g to developments-The eeneeptual development pinn for the eammer-eial,C G zoned portion of the site,shall be , the mked use guidelines in the Campr-ehensive Plan (pg.� 13). not limited to pmr-ks,plazasi outdoor-gathering areas, open spnee,libraries, and sehgols aimexwfioip area does no!safkfi;this",mhwmefft as it is nos part of the4K.ved U-se desknom tea: • Development of the Afixed Use designated oren shall be eenter-ed fir-ound spHees that are well designed pubile and qHasi public centers of activity.Spaces should he activated and HeBFPHr-IIW per-faunent design elements and amenities that faster HAride vafietj 0 nterests r-iinging from 16sur-e to play.These nreas should be the ughtfulb,integrated onto the development and further placemnicing opportunities considered. development shall he shifted to the north to front on the main ent", drive aisle off N R"stie Oak Way as a better-transition tO the Fesidenees to the seuth. • A commereWl land use t�,pe shall be included on the plan in !he MU R designated area I, A Development Agreement(DA) is required as a provision of annexation of this property. At the Applicant's request,three(3)separate DA's shall be required for each component of the project—one for the R-8 and R-15 zoned residential portions of the development, one for the medical campus and another for the school district's parcel. Prior to approval of the annexation ordinance, Development Agreements shall be entered into between the City of Meridian,the property owner(s)at the tirne of annexation ordinance adoption, and the developer(s). CUITently, a fee of$303.00 shall be paid by the Applicants to the Planning Division for each DA prior to commencement of the DA's. The DA's shall be signed by the property owner(s)and returned to the Planning Division within six(6)months of the City Council granting the annexation.The DA's shall,at minimum, incorporate the following provisions: a. R-8 and R-15 zoned portions of the development: 1. Future development of the R-8 and R-15 zoned portions of the site shall be generally consistent with the master plan,preliminary plat,phasing plan, landscape plan, qualified open space& site amenity exhibit, and conceptual building elevations included in Section V1I1 and the provisions contained herein. - Page 56 Page 538 Item#16. 2. Administrative design review shall be required for all single-family attached, townhorne and multi-family structures. Compliance with the design standards for such listed in the Architectural Standards Manual is required. 3. The rear and/or side of strictures on Lots 2-6, Block 4; Lots 2-7, Block 1; Lots 8 and 9- 15, Block 9; Lot 16, Block 7; Lot 2, Block 12; Lots 2-14, Block 10; Lots 2-16 and 29, Block 14; Lot 68, 70, 81-83, and 77-79, Block 12; and Lots 43 44,E 42,45 and-74 C7, Block 8 that face collector streets (i.e.N. McDermott Rd.,N. Rustic Oak Way and W. Ramblin St.), shall incorporate articulation through changes in two or more of the following: modulation(e.g. projections, recesses,step-backs,pop-outs), bays, banding, porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. SIfigle-stoi-v structures a?-&exempt f om this requireniew. 4. A conditional use permit shall be obtained for a multi-family development in the R-15 zoning district as set forth in UDC Table I 1-2A-2. The use is subject to the specific use standards listed in UDC l 1-4-3-27: Multi-Family Development. 5. One management company shall handle the leasing and maintenance of the entire multi- family development to ensure better overall consistent management of the development. 6. An electronic gate that is approved by the Fire Department shall be provided for access to Serenity Ln. from the south, 7. Noise_abatement for the future SH-16 extension shall be provided in the form of berm_ or a berm and wall combination parallel to N. McDermott Rd. constructed in accord with the standards listed in UDC 1]-3H-4D. b. Medical campus/hospital: I. Future development of this site shall be generally consistent with the master plan, preliminary plat,phasing plan,landscape plan and conceptual building elevation included in Section VIII and the provisions contained herein. 2. Future development shall comply with the design standards listed in UDC I I-3A-19 and in the Architectural Standards Manual. 3. Noise abatement shall be provided in the form of a berm or a bean and wall combination parallel to W. Chinden Blvd.ISH 2O-26 constructed in accord with the standards listed in UDC 1]-3 H-4D. 4. A minimum 30-foot wide buffer with an 8-foot tall CMU wall shall be provided along the western and southern boundaries of the site adjacent to residential uses as proposed on the landscape plan in Section VIII.D. Dense landscaping consisting of a mix of evergreen and deciduous trees, shrubs, lawn or other vegetative ground cover that results in a barrier-that allows trees to touch at maturity is required per the standards listed in UDC 11-3B-9C.The block wall shall be decorative and have texture and a color complimentary to adjacent residential structures—plain CMU block is not allowed. 5. A frontage road parallel to W. Chinden Blvd./SH 2O-26 shall be constructed as depicted on the conceptual development plan in Section VIII.A in accord with UDC 11-3H- 4B.3e. G. The hospital building shall be restricted to 3-stories in height as_proposed- Page 57 Page 539 Item#16. 7. The entire first floor of the medical office building shall consist of retail and restaurant uses as proposed to provide a mix of uses as desired in the Mixed-Use designated area in accord with the Comprehensive Plan. 8. The final design of the site shall be consistent with the general Mixed Use and Mixed Use- Regional guidelines in the Comprehensive Plan see pgs. 3-13 thru 3-I5 and 3-18 thru 3-19). 9. The buffer along the west boundary of the site shall incorporate a 2-foot tall berm with an 8-foot tall wall on top of the berm to assist in blocking the noise from the commercial development ifapproved by the Peregrine Heights Homeowner's Association{HOA). if not approved by the HOA,the landscaping and wall shall be installed as depicted on the conceptual development plan. 10, City Council deemed access for the e�enev room via Rustic Oak;a collector street. moets_the inWit_of theme xeauimm nt its 3]PC_Li_4-_-22A__f r t�l .pry g emergency+care to have direct access on an arterial street. 11. The hospital-shall not 12ursue being designated as_a trauma center per direction of Cit C Unci):. --- Pnery-detw eemTaHew o .f Me hatqifal tos . C. School Site: 1. The subject property shall develop with an education institution; any other uses shall require modification of this agreement. 2. A conditional use pen-nit shall be obtained for an education institution in the R-8 zoning district as set forth in UDC Table 1 1-2A-2. The use is subject to the specific use standards listed in UDC 1 1-4-3-14- Education Institution. 3. Future development shall comply with the design standards listed in UDC 11-3A•-19 and in the Architectural Standards Manual is required. The final plat(s)submitted for this development shall incorporate the following changes: a. Include a note that prohibits direct lot access via W. Chinden B1vd.ISH 2O-26 unless otherwise approved by the City and the Idaho Transportation Department_ c. Depict cross-accesslingress-a&,ress easements to adjacent MU-R designated properties to the west(Parcels#R6991221700& R6991221600)and east(Parcel#R6991222101) in accord with UDC I 1-3A-3A.2. 97 Page 58 Page 540 Item#16. e. Depict the easement(s) for the West Tap sub-lateral, if the easement(s) is greater than 10- feet in width, it should be placed in a common lot that is a minimum of 20-Feet in width and outside of a fenced area, unless modified by City Council as set forth in UDC l 1-3A-GE. designP Re stivets (alleys and/or eommon driveways may be ineefporated)t or, if private sir-eets are w4h iownhome siyle uniis might be a deN-elopinent option for this armea. A revised concept plan shall he piresented p4or to or at the Commission hearing far review and a r-e,, plat r-efleefing this ehange shall be subwAtted at least 10 dfivs prior to the 0ty counea hearing. if private streets are propesed with a townheme develapment, a mew eir gi pro vate streets shou Id be PFavided in aeeord with UDC 11 3 F 1.Also,pr-ovide updated density ealeulations; g. Lots 70-83, Block 12 in the multi-family portion of the development shall be revised to depict parking and access driveways on a common lot with an ingress-egress/parking casement for each buildable lot. A revised plot shall be s0mitted jat least to days p to the City Couneil hearing depietiHg this .Dame h. Extend W. Smokejumper St. as a stub street to the out-parcel (Parcel#S0428233620) at the southwest corner of the site. 3. The landscape plan submitted with the final plat application shall be revised as follows: a. Depict a detail/cross-section of the benn or berm and wall combination required as noise abatement within the street buffer along W. Chinden Blvd.ISH 2O-26 and N. McDermott Rd.; also address how the wall will be constructed to avoid a monotonous wall, that demonstrates compliance with the standards listed in UDC 11-3H4D. c. Depict a detached sidewalk/pathway(as applicable)along all collector streets (Le. N. McDermott Rd„N. Rustic Oak Way and W. Ramblin St.)and W. Chinden B1vd.ISH 2O-26 in accord with UDC 11-3A-17. A detached 10 foot wide inulti-arse pathway is required within the.street buffers along N. McDermott Rd., W. Chinden Bh d.15H 20-26. the east side oj'N. Rustic Oak K'a7,and W. Rainblin St. d. Landscaping shall be depicted on either side of all pathways as set forth in UDC 11-3B- 12C. e. If existing trees are proposed to be removed.from the site,the Applicant shall coordinate with Matt Perkins,the City Arborist,to determine mitigation requirements per the standards listed in UDC 11-3B-10C.5. Mitigation information shall be included on the plan. If existing trees are proposed to be retained on site,they shall be depicted on the plan. f. A calculations table shall be included on the plan that demonstrates compliance with the landscape standards listed in UDC 1 1-3G-3E(common open space), 1 I-3B-1.2C (pathways), 11-3A-17(parkways)and 1 I-3B-7C(street buffers); calculations should include the linear feet of pathways,parkways and street buffers and square footage of common open space as applicable, along with the required vs. provided number of trees. g. Revise the fencing type around the perimeter of Lot 1, Block 2 and Lot 37, Block 12 to comply with the standards listed in UDC 11-3A-7A.7 to provide more visibility of the common areas in accord with OPTED design strategies. h. Include a detail of the amenities proposed with each phase of development. Page 59 Page 541 Item#16. i. The CMU wall proposed along the south and west boundaries of the commercial portion of the development shall have texture and a color complimentary to adjacent residential structures—plain CMU block is not allowed; revise the detail (i.e. reference photo) accordingly. j. Depie! lot numbers and landseaping for common areas in the iawWiome portion of the k. If a dog park is proposed on Lot 1, BIock 2,demonstrate compliance with the standards listed in UDC I].-3G-3C.lh. 1. Depict a small tot lot on Lot 12, Block 6 rather than a large tot lot, consistent with that shown on the site amenities plan. m. Modify the landscape plan consistent with changes required to the plat above under condition IX.A.2 above. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables I I-2A-6, 11-2A-7 and 11-2B-3 for the R-8, R-15 and C-G coning districts respectively. 5. Off-street parking is required to be provided for residential uses in accord with the standards listed in UDC Table 1 I-3C-6 and for commercial uses in accord with the standards Iisted in 1I- 3C-6B; bicycle parking is required in commercial districts as set forth in LTDC 11-3C-6G per the standards listed in UDC l I-3C-5C. ehanges noted above on eandition#,4.2fand that provides for-adequnie guest pfirldng4o serve this portion of the developmefW. 6. An exhibit shall be submitted with the final plat application(s)that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed via common driveways; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11-6C-3D. 7, Address signage shall be provided at the public street for homes accessed via common driveways for emergency wayfnding purposes. 8. Common driveways shall be constructed in accord with the standards listed in UDC I I-6C-3D. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 71ris injbi- ialion inuu he inchided in a mate on the ice c?f the plat rather-than in a Separate easement. plat in the townhome portion of the development in Block 8 are no!approved. Consequently, 10. All existing structures shall be removed from the site prior to signature on the final plat by the City Engineer for the phase in which they are located. 11. Pathways shall be constructed in accord with the standards Iisted in UDC 11-3A-8. 12. A 14-Foot wide public pedestrian easement shall be submitted to the Planning Division for the 10-foot wide multi-use pathways proposed within the site as required by the Park's Department, prior to signature on the final plat by the City Engineer for the phase in which they are located. Page 60 Page 542 Item#16. 1.3. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of any building permit applications for the clubhouse and swimming pool facility,single-family attached,townhome, multi-fancily and commercial structures. All structures except for single-family detached structures are required to comply with the design standards listed in the Architectural Standards Manual. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1,1.1 This proposed development is not currently serviceable by the Meridian City water and sanitary sewer systems. Mainlines designed to service this development are within The Oaks North Subdivision to the south. Until utilities are available to the south boundary of the proposed development, the City of Meridian will not accept an application for final plat, 1.1.2 Sewer mainline/manholes are not allowed in common driveways or under sidewalks. Run service lutes down comm-non drive but make sure required separation can be met. 1.1.3 The planned sewer trunk line will enter this property at N. Rustic Oak Way. 1.1.4 The sewer line in N. Rustic Oak Way shall be 1 0-inch all the way to Chinden Blvd. l.1.5 The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in the amount of$265.25 per equivalent residential unit(ERU). The reimbursement fees for the entire residential potion of this subdivision shall be paid prior to city signatures on the first final plat. l,1.6 The applicant shall be required to pay the Oaks Lift Station Pump Upgrades Reimbursement Fees in the amount of$185.43 per equivalent residential unit(ERU). The reimbursement fees for the entire residential portion of this subdivision shall be paid prior to city signatures on the first final plat. L L7 As noted in the Geotechnical Evaluation Report prepared by GeoTek Inc.,all artificial fill materials on site must be removed. 1,l.8 New I2-inch water main will need to be installed in parts of W Sturgill Peak St,N Jumpspot Ave,W Parachute Dr,N Streamer Way, W Smokejumper St and N Rustic flak Way. 1.1.9 Construct water main in N Streamer Way between W.Parachute Drive and W. Fireline Drive. 1.1.10 Water connections to the north need to be facilitated either by extension of a mainline or and easement in common area Lot 19, Block 1,or off the end of the cul-de-sac to the property line. This is dependent on how road connections to the north are designed and developed in the future. 1.1.1 1 Remove the water main proposed in N Serenity Avenue. At the intersection of N Serenity Ave and W Tanker ❑r. Install a tee at the branch off point with an isolation valve directly attached to it and then cap off the outlet side of the valve.This allows the tap to be installed and pressure tested so if the existing County Subdivision wants to connect in the future they can easily do so. 1.1.12 Water& sewer need to flip locations in N Backfire Way. Currently these lines are not in the proper corridor. Water should be located on the east side of the road&sewer an the west.. Page 61 Page 543 Item#16. 1.l.13 Eliminate stub/dead-end water main at each corner of the townhome section off of W Wildfire Dr of the development. Services are only allowed in these areas just Iike common drives. 1.I.14 A water connection to the east(near N Static Line Ave and/or townhome section off of N Rustic Oafs Way)needs to be enabled by either an extension of water mains to the property line or an easement. This is dependent on road connections to the east. 1.1.15 Water modeling was completed both as an entire development and at each phase per the phasing plan included in this record. This development was modeled with the 12" mains through the subdivision as required above,and the rest of the mains were modeled as 8". Per this plan there are no pressure issues,but each phase will need to be modeled at Final Plat to verify there aren't any pressure issues. 11.16 The geotechnical investigative report prepared by SITE Consulting, LLC indicates some very specific construction considerations. The applicant shall be responsible for the strict adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes. 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. 1.2 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 34-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. 7.5 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. Page 62 Page 544 Item#16. 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 1 I-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any 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 S. Whitnev at(208)334-2190, 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-14 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 pen-nits. 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 l 1-5C-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 1 i-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. Page 63 Page 545 Item#16. 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 perfonnance surety in the amount of 125%of the total construction cost for all incompiete 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:llweblinkmeridianci&olg1WebLinklDoc View.aspx?id✓188367&dbid=0&1.gRo=MeridianCitL, D. POLICE DEPARTMENT https:llweblink.meridiancity.arglWebLink/Doc View.asp_r?id=188188&dbid=0&repo=MeridianCit7, E. PARK'S DEPARTMENT his:lliir blifik.tneridianeity.orglWebLinklDoelfie-w.a x?id 191860&dbid=O&rWo=MeridianCity F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:11weblink.nzeridiancih%arg1We6LinklDoc View.aWx?id 18973&&,dbid=0&rWo=MeridianQb G. ADA COUNTY HIGHWAY DISTRICT(ACHD) Iattps:Ilweblirrk.meridiancitl.o?glWebLinklDncView,aspx?ick=192b46&dhid=0&repo=MeridianCiti, H. SETTLER'S IRRIGATION DISTRICT(SID) https:llwehlink meridiancity.orglWebLinklDocView.gspx?id1=188429&dbid=0&repo=MeridianCit►� 1. CENTRAL DISTRICT HEALTH DEPARTMENT https:llweblink.meridiando,.orglWebLinklDoc View.a x?id=188183&dbid=0&repo=Meridian City J. WEST ADA SCHOOL DISTRICT(WASD) Page 64 Page 546 Item#16. https:llweblinkmeridiancity.orglWebLinklDoc View,aspx?id-188717&dbid O&Lcpo=Meridian City K. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:Ilweblink.meridiancity.oiglWebLinklDoc View,aspx?ir-188717&dbid=O&repo=Meridian City Page 65 Page 547 Item#16. 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 snap amendment complies with the applicable provisions of the comprehensive plan: The City Council_finds the proposed--oning nzap amendment to R-8, R-15 and C-G zoning districts and proposed development is generally consistent with the MDR and MU-R FLUM designations in the Comprehensive Plan for this property ifthe.4pplicanl complies with the provisions it?Section IX 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the inix of lot sizes and housing types proposed in the residential portion ol'the development will provide for a range of'housing opportunities consistent with the purpose Statement of the residential districts and with the Comprehensive Plan. The City Council finds the proposed medical o.fires and hospital along with recommended retaillrestaurant uses will provide much needed services vices in the northern portion of'the City itr accord with the purpose statement gl'the commercial districts and with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety,and welfare; The City Council finds the proposed zoning nzap arnendrnent should not he detrimental to the public health, safety and welfrtre. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and The Commission finds the proposed zoning rnap amendment will not result in an adverse impact on the delivery of'services ht°any political subdivision providing public services within the City,,. Comments submilted by WASD indicate that existing enrollment numbers are below capacity in area schools that will serve this development. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest af'the Ciro if'the properh is developed in accord with the provisions in Section IX B. Preliminary Plat Findings (UDC 11-68-6): In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-making body shall make the following findings: I. The plat is in conformance with the Comprehensive Plan: The City Council f nds that the proposed plat, with recommendations,is in substantial compliance with the adopted Comprehensive Plait in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information.) Page 66 Page 548 Item#16. ?. Public services are available or can he made available and are adequate to accommodate the proposed development; The Qy Council finds that public services will be provided to the subject property with development. (See Exhibit B of the Siq f'Repart far more details fi-arn 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 anv other utilities will be provided by the development at their own cost, the Cite, Council finds that the subdivision will not require the expendilure of capilal improverrmeni funds, 4. There is public financial capability of supporting services for the proposed development; The CRY Council finds there is public financial capability ofsupporting services for-the proposed development based upon comments from the public service providers (i.e., Police. Fire, ACHD, ctc). (See Section IX for more infor-rnation.) S. The development will not be detrimental to the public health, safety or general welfare; and, The Cite Council is oat aware of arvy health, safety, or environmental problems associated with the platting of this property. rl CND considers road safgy issues in their analt.-sis. 6. The development preserves significant.natural, scenic or historic features. The Cio, Council is unaware of atky sign fzcant natural, scenic or historic features that exist on this site that require preserving. C. Private Street Findings(UDC 11-3F-5): [n 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 Direclorfirrds that the proposed design of the private streets:h9I--i teets the requirements in UDC I I-3F-4A 6 as eammon&r 4v a qE 'I1,.. l ef-,1_f M,,se Mat v a common mew is praposed through the site design Or-f-h w.y; ,e« 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 Director finds granting approval of the primate street with to a le; r._,..w de ki, ....,a pig rrropased ; Mows e xi.,.,f-ed doe 1,9 . .r.;ff-; - n should not cause damage, hazard. or nuisance,_or other detrionew to pelsons.pigper-ty or uses in the vicinity. 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 of'lhe private street • o opat .:f..A-eetr... nfli . sir-eets does not conflict with the Comprehensive Plan or the regional transportation plan. Page 67 Page 549 Item#16. 4. The proposed residential development(if applicable) is a mew or gated development. {Ord. 10- 1463, 1 1-3-2010, eff. 11-8-2010} The Directorfrnds the proposed residential development toeg fie; incorporates a mem, of, ek-welopm&o in the design. f l 1. StfTe!adherence or applicafion of the re r c its-are not feasible; 2. The ahernative compliance provides an equal or is foF meefing the requirements; ii Page 550 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement Between the City of Meridian and Nampa and Meridian Irrigation District for the Five Mile Pathway at Gander Creek Subdivision AGREEMENT AGREEMENT,made and entered into this 7th day of September ,2021,by and between NAMPA&MERIDIAN IRRIGATION DISTRICT,an irrigation district organized and existing under and by virtue of the laws of the State of Idaho,hereinafter referred to as the"District,"and THE CITY OF MERIDIAN,a political subdivision and municipality of the State of Idaho hereinafter referred to as the"City," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19,2000,recorded as Instrument No. 100102999, records of Ada County,Idaho,hereinafter referred to as the"Master Pathway Agreement;"and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities;to enhance the City's pathway planning though early consultation between the City and the District;to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches,property, operations and maintenance; and, WHEREAS, the District grants to the City the right develop pathways to encroach within the District's easements and/or fee title property along and across the District's ditches,canals and easements/fee title property therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of an agreement for each proposed crossing and encroachment; and, WHEREAS,the City is the owner of the real property easement/right of way that is servient to the District's easement/fee title property particularly described in the"Legal Description" attached hereto as Exhibit A and by this reference made a part hereof, and, WHEREAS, the District controls the irrigation/drainage ditch or canal known as the FIVE MILE DRAIN (hereinafter referred to as "ditch or canal") together with the real property and/or easements . convey irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the City as shown on Exhibit B attached hereto and by this reference made a part hereof(in some locations along this portion of the Five Mile Drain the District owns real property in fee title); and WHEREAS,the City desires approval to construct, install, operate and maintain a paved pathway within the District's easement/fee title property for the Five Mile Drain under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, AGREEMENT-Page I NOW,THEREFORE,for and in consideration of the premises and of the covenants,agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: 1. The City may construct, operate, maintain and repair a 10 foot wide asphalt pedestrian pathway and associated landscaping within the District's easement and/or fee title property for the Five Mile Drain at Gander Creek North No. 1 Subdivision,located southwest of the intersection of McMillan Road and McDermott Road in Meridian,Ada County,Idaho(the pathway is being constructed as part of Gander Creek North No. 1 Subdivision and is also be constructed on the District's fee title property to the south of Gander Creek North No.3 Subdivision and to connect to N. Owyhee Storm Avenue). 2. Any construction, widening or crossing of said ditch or canal shall be performed in accordance with the"Special Conditions"stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be from one half hour before sunrise and one half hour after sunset. 4. The parties hereto incorporate in and make part of this Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with,and running with, all of the lands of the City described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF,the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto,all as of the day and year herein first above written. NAMPA&MERIDIAN IRRIGATION DISTRICT By Its President ATTEST: Its Secretary AGREEMENT-Page 2 THE CITY OF MERIDIAN By ATTEST: Mayor Robert E. Simison 9-7-2021 City Clerk, Chris Johnson 9-7-2021 STATE OF IDAHO ) ) ss: County of Canyon ) On this day of 2021,before me,the undersigned,a Notary Public in and for said State,personally appeared Clinton C.Pline and Michael Comeskey,known to me to be the President and Secretary,respectively,of NAMPA&MERIDIAN IRRIGATION DISTRICT,the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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 Idaho My Commission Expires: STATE OF IDAHO ) ) ss: County of Ada ) On this 7th day of September ,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,the entity that executed the foregoing instrument and acknowledged to me that such entity 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 My Commission Expires: 3-28-2022 AGREEMENT-Page 3 EXHIBIT A Leal Description A right-of-way/easement located within Gander Creek North No. 1 in the NE 1/4 of Section 32, Township 4 North,Range 1 West,B.M.,Meridian,Ada County,Idaho. The portion of the pathway which is on north side of the Five Mile Drain is located on the District's easement or fee title property is being approved pursuant to this Agreement(i.e. there is no right-of-way/easement of the City for this portion of the pathway and improvements but said pathway and improvements are being approved/consent to pursuant to the terms of this Agreement). EXHIBIT B Location of PropeM/Drain See Exhibit C-1 attached hereto. EXHIBIT C Special Conditions a. The location and construction of the pathway shall be in accordance with Exhibit C-1, attached hereto and by this reference made a part hereof. b. In the locations referenced herein and where City proposes construction,the District owns fee title to a portion of the real property along and adjacent to the Five Mile Drain. To the extent the District does not own the property in fee,Licensee acknowledges that the District's easement for the Five Mile Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the ditch or drain,and to access the ditch or drain for said purposes,and is a minimum of 100 feet,50 feet on either side of the centerline of the ditch or drain facing downstream. C. Construction shall be completed one year from the date of this agreement. Time if of the essence. AGREEMENT-Page 4 0 �i I � I U F II N N I+rll l� O 4 o � Z o (n m Q O w ti Z w LL�� NZ �/ ..... w u 0 --mmm mm mmmmmm w °f U I (Y- ® F w LL !t'hij, S Z ® <`lit r �� _ n� m € � M � � Q N i63��S 912 �dmt�31k <38� I�I��mb"sd��su�"3r��i — ® t6 Wy a W 'oun 12iiiir .n,nur wu�or Exhibit C-1 W IDIAN� AGENDA ITEM ITEM TOPIC: Addendum No. 19 to Agreement Between the City of Meridian and Boise City for City Prosecutor/Criminal Legal Services Dated November 1, 2002 ADDENDUM NO. 19 TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1,2002 THIS ADDENDUM No. 19 is entered into this 13th day of July 2021,by and between the City of Meridian(hereinafter"Meridian") and the City of Boise(hereinafter"Boise")to amend and extend the Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002 ("Agreement"). RECITALS WHEREAS,on November 1,2002,Meridian and Boise entered into the Agreement for Boise to provide certain prosecutorial services to Meridian; and WHEREAS,the Agreement was extended and modified by Addendums approved in 2003, 2004, 2005,2006, 2007,2008,2009,2010,2011,2012,2013, 2014,2015,2016,2017, 2018,2019,2020 and 2021; and WHEREAS,Meridian and Boise desire to extend the term of the Agreement for an additional one(1)year term, and modify terms of the Agreement regarding payment, services provided, and notice, NOW THEREFORE, in consideration of the foregoing,Meridian and Boise agree to amend the Agreement as follows: AGREEMENT 1. Section 2.3 of the Agreement("Primary Legal Services")is amended to read as follows: The term "PRIMARY LEGAL SERVICES"includes the following: 2.3.1 Primary prosecutorial legal services: • Prosecutorial screening of police-generated misdemeanor reports and citations routed for review. • Timely filing decisions and notification to Meridian Police Department upon request. • Prosecution of infractions and misdemeanors occurring within Meridian City limits or pursuant to a Memorandum of Understanding between the Meridian Police Department and the Boise Police Department. • Coverage of additional caseloads in any new criminal courtrooms assigned by the Trial Court Administrator. 2.3.2 Primary civil legal advice and guidance to the Meridian Chief of Police and Meridian Police Department: • Access to the Police Advice Team for immediate legal assistance 24 hours a day, 7 days a week,through cell phone and/or computer. • Assistance with procuring misdemeanor arrest or search warrants. Meridian Addendum No. 19 Page 1 • Twelve hours per week of on-site legal/paralegal services, or as otherwise mutually agreed upon. • Routine review and approval of Meridian Police Department's public records requests and property/weapons dispositions. • Legal training for Block Training,Advanced Academy,and POST, as mutually agreed upon. • Regular legal bulletins, including updates regarding Idaho,Ninth Circuit, and U.S. Supreme Court case law. 2. Section 3 of the Agreement is modified to read as follows: SERVICES PROVIDED BY BOISE. Pursuant to the terms of this Agreement,the Boise City Attorney's Office agrees to provide the Primary Legal Services set forth in Section 2.3 of the Agreement to the City of Meridian for a flat annual fee,billed in monthly installments, as provided in Section 4 of the Agreement. 3. Section 4 of the Agreement is hereby modified to read as follows: 4. PAYMENT FOR SERVICES. Meridian agrees to pay Boise for the services rendered pursuant to the terms of this Agreement as follows: 4.1.As compensation for all Primary Legal Services, including out-of-pocket expenses incurred by Boise in performing the Primary Legal Services,Meridian shall pay Boise the total sum of six hundred forty-three thousand ninety dollars and sixty-eight cents ($643,090.68) annually,in monthly installments of fifty-three thousand five hundred ninety dollars and eighty-nine cents($53,590.89). 4.2.Meridian shall pay monthly installments for Primary Legal Services on or before the 20' day of the month following the provision of such services. 4.3.In the event, and Meridian's request,Boise provides legal services beyond the Primary Legal Services set forth in this Agreement, Boise shall provide Meridian with a monthly itemized invoice for such services. Provided Meridian receives the invoice by the 5t'of the month,Meridian shall remit payment to Boise on or before the first business of the following month. 4. In accordance with Section 9 of the Agreement, Section 5 of the Agreement is amended as follows: TERM. The term of this Agreement is renewed and extended to continue to September 30, 2022,the end of Meridian's FY22 fiscal year, subject to renewal or extension as set forth in this Agreement. 5. Section 11.4 of the Agreement is modified and amended to provide that any notice to Meridian shall be addressed to: Mayor, City of Meridian Meridian City Hall 33 E. Broadway Ave. Meridian,ID 83642 6. Except as modified by this Addendum No. 18,the original Agreement for the City Prosecutor/Criminal Legal Services between the City of Meridian and the City of Boise dated Meridian Addendum No. 19 Page 2 November 1, 2002,which incorporates Addendums Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,14, 15, 16, 17and 18shall remain in full force and effect. IT IS SO AGREED. IN WITNESS WHEREOF, the parties have executed this Addendum No. 19on this _____ day of 2021. CITY OF MERIDIAN BY: ______________________________ Mayor Robert Simison ATTEST: BY: ______________________________ Chris Johnson, City Clerk CITY OF BOISE 7/13/21 BY: ______________________________ Mayor Lauren McLean ATTEST: 7/13/21 BY: ______________________________ Lynda Lowry, Ex-Officio City Clerk Meridian Addendum No. 19Page 3 V IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 21-2283: A Resolution of the Mayor and City Council of the City of Meridian to Amend the Future Land Use Map of the 2019 Comprehensive Plan for 80.7 Acres of Land Known as Wastewater Resource Recovery Facility, Generally Located % Mile South of W. McMillan Road, Midway Between N. Black Cat Road and N. Ten Mile Road, in the North of Section 34, Township 4 North, Range 1 West, Meridian, Idaho; and Providing an Effective Date DFQn1 1TT1niv wn 11_IIQI CITY OF MERIDIAN BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2019 COMPREHENSIVE PLAN FOR 80.7 ACRES OF LAND KNOWN AS WASTEWATER RESOURCE RECOVERY FACILITY GENERALLY LOCATED 1/4 MILE SOUTH OF W.MCMILLAN ROAD,MIDWAY BETWEEN N. BLACK CAT ROAD AND N. TEN MILE ROAD, IN THE NORTH 1/2 OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in December in 2019 as resolution 19-2179; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2019 Comprehensive Plan for approximately 80.7 acres of land from Mixed Use Non- Residential to Medium Density Residential (40.9 acres) and to Industrial (39.8 acres). Said land is known as Wastewater Resource Recovery Facility and is generally located approximately '/4 mile south of W. McMillan Road, midway between N. Black Cat Road and N. Ten Mile Road in the North '/2 of Section 34, Township 3N, Range 1 W, Meridian, Idaho, Ada County; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings,and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509,the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Future Land Use Map, a copy of which is attached hereto COMPREHENSIVE PLAN AMENDMENT-MAP—WASTEWATER RESOURCE RECOVERY FACILITY—H-2021-0041 Page 1 of 2 incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. 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 7th day of September 2021. APPROVED by the Mayor of the City of Meridian,Idaho,this 7th day of September 2021. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk COMPREHENSIVE PLAN AMENDMENT-MAP—WASTEWATER RESOURCE RECOVERY FACILITY—H-2021-0041 Page 2 of 2 EXHIBIT A Future Land Use Map-Adopted &Proposed Land Uses Date.715RO21 Adopted Land Uses a 5001,000 0 ©Feet - a Density ftesrcte !' 1 s. �_ n� 44 °' u� a ugle Cilfi � Medium �. Denser Re sidenliq 1 ��u�� �IL Legend N �TMISAPBoundary Low Density Residential Medium Density Residential Mad-High Density Residential Q L_- High Density Residential - oommercial k 01flG8 - Industrial - D"i` Proposed Land Uses 01d Town filixed Use Nelghborhooa [ �L rciai Mixed Use Cammunlly na_! Ww LtensRy ` Mixed Use Regional � IIIei�lA R �1$� G a Rasidehiial�, , MkxeoUseNon-Residential _ - MixedUse-Interchange ' 4 :Dac t te I Low Density Employment - __ ! oitice - High Density Employment MixedEmployment s x r t r l T --. MU-Res MU-Com ,.d Civic -_ ® Lifestyle center _ xd r Medium DanslFy — Reside ritiai MU NR IT f } OL �• i �� Imo"%�fa � CPAM—Wastewater Resource Recovery Facility H-2021-0041 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Hearing for Adoption of Proposed Republic Services Solid Waste Fees eW REPUBLIC 11101 West Executive Drive, Boise ID 83713 SERVICES Office(208)345-1265 MEMORANDUM TO: Meridian Solid Waste Advisory Commission FROM: Rodney Remling, Finance Manager, Republic Services of Idaho DATE: August 10, 2021 SUBJECT: Annual Rate Adjustment for Solid Waste Collection Services Introduction Annually, solid waste collection rates are adjusted in accordance with Section 21 of our contract with the City of Meridian with an effective date of October 1. CPI Adjustment Methodology Our contract allows non disposal costs be adjusted annually based upon Ninety (90) percent of the net percentage change for May in the Consumer Price Index for Garbage Trash. This year's change in CPI (at 90%) is 3.91%. The CPI adjustment is $0.65 per household per month plus tax. The commercial impact varies and is based on container size and frequency of collection. Household Hazardous Waste Residential 2021 rates include an amount for household hazardous waste (HHW) of$0.18 per household per month. A reconciliation of actual HHW costs and the amount collected from residents was performed. The Life-to-Date net result is an amount due to Republic Services of$7,964 for an increase of 3,137. The amount will remain on account and included in the ongoing reconciliation. Although the current run rate is $0.19 per household per month, we elected to leave the rate at $0.18 for no change to FY2022. Recycling Processing Charge The recycling processing fee increased $12.59 per ton and reflects the labor shortage. Republic Services sustained unreimbursed recycling cost of$131,613 for Meridian City's residential recycling program. Although recycling commodities has shown recent improvement, this is offset with increased processing cost and labor risk. These costs have been reviewed with City Staff. Republic Services therefore requests no change or $0.0 per household per month for residential and $0. per commercial yard. These charges include related Meridian City franchise fees based on the total amount billed to customers. Labor increase The whole county is experiencing unprecedented labor shortages. In Meridian City, shortages are resulting in increases about 12.5 percent or about 8 percent over increases in CPI. Republic Services increased labor$2.00 per hour for starting and existing drivers. Republic Services therefore requests an additional $0.11 per household per month for residential household. Disposal Ada County Landfill changed the disposal rate structure October 1, 2020 to tonnage from a per yard. No changes to disposal rates in the current year. Volumetric Excise Tax Credit(VETC) on CNG Powered Trucks The Federal Government awarded continued alternative fuel tax credit for compressed natural gas as an alternative fuel source. This tax credit is shared with Meridian City residents as a credit to the monthly rate. The credit for the Meridian contract was $54,427. This amount is reflected in the residential rate sheet as a credit for 95-gallon of $0.11, 65-gallon cart of $0.09 and 35-gallon of $0.07. VETC was extended through December 31, 2021. That amount will be reflected in the 2023 rates plus or minus the true-up for the fiscal year 2022. Residential Impact Per Customer The total proposed increase for residential customers with 95-gallon carts is $0.79: comprised of CPI increase $0.65, HHW unchanged $0.0, uncontrollable recycling commodity unchanged $0.00, uncontrollable disposal change of$0.00, and VETC change from 2021 $0.03, labor $0.11 . Industrial Roll Off Pricing Roll off rates are still being calculated and are not included for review at this time. New Rate No new rates. Residential Rate Residential Price Amount Percentage Contractual CPI Garbage Trash $ 304,233 3.91% Non Contractual Recycling Processing $ - 0% Household Hazardeous Waste (HHW) $ - 0% Alternative Fuel (VETC) $ (54,427) -0.70% Labor Market $ 52,489 0.67% Total Requested Increase $ 302,295 3.88% Resi Labor Market Meridian City Contract $ 134,037 Republic Services Holding $ 81,548 61% Meridian City $ 52,489 39% PUBLIC HEARING SIGN IN SHEET DATE : September 7, 2021 ITEM # ON AGENDA : 20 PROJECT NAME : Adoption of Proposed Republic Services Solid Waste Fees Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 1 2 3 4 5 6 7 8 i 9 s 10 11 12 13 14 An&136470AD# LEGAL NOTICE Current Proposed Fee Type Description FY 21 Fee FY21 Fee CITY OF MERIDIAN-NOTICE OF PUBLIC HEARING COMMERCIAL PERMANENT RECYCLING NOTICE IS HEREBY GIVEN,pursuant to the ordinances of the City of Meridian and the laws of the State of Commercial Commingled Idaho,that the City Council of the City of Meridian will hold a public hearing at its meeting on Tuesday,Septem- Recyclable Collection 6 yd(4 x week) $365.22 $37754 ber 7th,2021,at 4:30 p.m.,at Meridian City Hall,33 East Broadway Avenue,Meridian,Idaho,regarding adop- Commercial Commingled tion of the proposed solid waste fees,as set forth below.Further information regarding these proposed fees is Recyclable Collection 8 yd(Extra Dump) $41.31 $42.79 available in the Public Works Department at Meridian City Hall,33 East Broadway Avenue,Meridian,Idaho.Any Commercial Commingled and all interested persons shall be heard at said public hearing,and the public is welcome and invited to submit Recyclable Collection 8 yd(Every Other Week) $103.76 $107.50 written comments and/or provide verbal testimony at the hearing.Verbal testimony may be limited to three(3) Commercial Commingled minutes per person.For auditory,visual,or language accommodations,please contact the City Clerk's Office at Recyclable Collection 8 yd(1 x week) $129.84 $134.27 208-888-4433.For the most up-to-date information regarding public meetings,visit meridiancity.org/meetings or Commercial Commingled call the City Clerk's office at 208-888-4433 prior to visiting City Hall. Recyclable Collection 8 yd(2 x week) $236.25 $244.19 Commercial Commingled DATED this 19th day of August,2021. Recyclable Collection 8 yd(3 x week) $342.66 $354.11 CHRIS JOHNSON,CITY CLERK Commercial Commingled Current Proposed Recyclable Collection 8 yd(4 x week) $449.11 $464.08 Fee Type Description FY 21 Fee FY21 Fee Commercial Commingled Recyclable Collection 95-gallon carts(1 carVweek) $14.05 $14.56 RESIDENTIAL TRASH&RECYCLING Commercial Commingled Residential 95-gallon service(includes 1 recycling cart) $20.87 $21.66 Recyclable Collection 95-gallon carts(2 cartweek) $22.29 $23.08 Residential 65-gallon service(includes 1 recycling cart) $18.63 $19.34 Commercial Commingled Residential 35-gallon service(includes 1 recycling cart) $16.41 $17.03 Recyclable Collection 95-gallon carts(3 carVweek) $30.54 $31.61 Residential Extra Carts(per cart per month) $2.49 $2.58 Commercial Commingled Residential Cart Pickup/Upsize Exchange fee(per event) $14.80 $15.38 Recyclable Collection 95-gallon carts(4 cart/week) $38.80 $40.15 Residential Cart Delivery(free) $0.00 $0.00 Residential Carry Out Service $34.86 $36.22 INDUSTRIALTRASH Industrial Trash Container Delivery Svc 6-10 yd $25.63 $26.63 COMMERCIAL PERMANENTTRASH Industrial Trash 6 yd Disposal Fee(Municipal Solid Waste) $30.74 $30.74 Commercial Carts 1,95-gallon cart(1 x per week) $32.17 $33.39 Industrial Trash 6 yd Disposal Fee(C&D/Compacted) $30.74 $30.74 Commercial Carts 1,95-gallon cart(2 x per week) $60.82 $63.12 Industrial Trash 6 yd(Monthly Rent) $56.66 $58.87 Commercial Carts 2,95-gallon cart(1 x per week) $64.35 $66.80 Industrial Trash 8 yd Disposal Fee(Municipal Solid Waste) $30.74 $30.74 Commercial Carts 2,95-gallon cart(2 x per week) $121.65 $126.27 Industrial Trash 8 yd Disposal Fee(C&D/Compacted) $30.74 $30.74 Commercial Carts 3,95-gallon cart(1 x per week) $96.53 $100.20 Industrial Trash 8 yd(Monthly Rent) $73.44 $76.31 Commercial Carts 3,95-gallon cart(2 x per week) $182.47 $189.39 Industrial Trash 10 yd Disposal Fee(Municipal Solid Waste) $30.74 $30.74 Commercial Container Container Delivery Svc(2,3,6,8 yd options) $25.36 $26.35 Industrial Trash 10 yd Disposal Fee(C&D/Compacted) $30.74 $30.74 Commercial Container Lid Lock Installation(2,3,6,8 yd options) $4776 $49.63 Industrial Trash 10 yd(Monthly Rent) $81.84 $85.04 Commercial Container 2 yd(Extra Dump) $26.14 $2713 Industrial Trash Container Delivery Svc 20-40 yd $25.63 $26.63 Commercial Container 3 yd(Extra Dump) $35.59 $36.93 Industrial Trash 20-40 yd containers(Haul Svc) $369.50 $386.00 Commercial Container 6 yd(Extra Dump) $51.75 $53.68 Industrial Trash 20-40 yd containers(Haul Svc for Asbestos-Ada County) $320.43 $335.01 Commercial Containers 2 yd(1x per week) $106.78 $110.80 Industrial Trash 20-40 yd containers(Certification fee Asbestos-Ada County)$23.32 $23.32 Commercial Containers 2 yd(2x per week) $152.57 $158.23 Industrial Trash 20 yd Disposal Fee(Municipal Solid Waste) $30.74 $30.74 Commercial Containers 2 yd(3x per week) $197.57 $204.84 Industrial Trash 20 yd Disposal Fee(C&D/Compacted) $30.74 $30.74 Commercial Containers 2 yd(4x per week) $265.04 $274.79 Industrial Trash 20 yd Disposal Fee(Asbestos-Ada County Landfill) $30.74 $30.74 Commercial Containers 2 yd(5 x per week) $332.37 $344.60 Industrial Trash 20 yd Disposal Fee(Asbestos-Idaho Waste Systems) $800.00 $800.00 Commercial Containers 3 yd(1x per week) $111.17 $115.29 Industrial Trash 20 yd(Monthly Rent) $94.10 $9777 Commercial Containers 3 yd(2 x per week) $180.04 $186.64 Industrial Trash 30 yd Disposal Fee(Municipal Solid Waste) $30.74 $30.74 Commercial Containers 3 yd(3 x per week) $249.03 $258.10 Industrial Trash 30 yd Disposal Fee(C&D/Compacted) $30.74 $30.74 Commercial Containers 3 yd(4 x per week) $328.11 $340.05 Industrial Trash 30 yd Disposal Fee(Asbestos-Ada County Landfill) $30.74 $30.74 Commercial Containers 3 yd(5 x per week) $431.35 $44711 Industrial Trash 30 yd Disposal Fee(Asbestos-Idaho Waste Systems) $1,200.00 $1,200.00 Commercial Containers 6 yd(1 x per week) $173.42 $179.75 Industrial Trash 30 yd(Monthly Rent) $115.01 $119.50 Commercial Containers 6 yd(2 x per week) $280.10 $290.16 Industrial Trash 40 yd Disposal Fee(Municipal Solid Waste) $30.74 $30.74 Commercial Containers 6 yd(3 x per week) $386.67 $400.45 Industrial Trash 40 yd Disposal Fee(C&D/Compacted) $30.74 $30.74 Commercial Containers 6 yd(4 x per week) $515.58 $533.96 Industrial Trash 40 yd Disposal Fee(Asbestos-Ada County Landfill) $30.74 $30.74 Commercial Containers 6 yd(5 x per week) $644.56 $66754 Industrial Trash 40 yd disposal Fee(Asbestos-Idaho Waste Systems) $1,600.00 $1,600.00 Commercial Containers 8 yd(1 x per week) $205.86 $213.32 Industrial Trash 40 yd(Monthly Rent) $131.43 $136.57 Commercial Containers 8 yd(2 x per week) $320.18 $331.53 Industrial Trash 20 yd compactor Disposal Fee $30.74 $30.74 Commercial Containers 8 yd(3 x per week) $433.25 $448.43 Industrial Trash 25 yd compactor Disposal Fee $30.74 $30.74 Commercial Containers 8 yd(4 x per week) $560.63 $580.21 Industrial Trash 30 yd compactor Disposal Fee $30.74 $30.74 Commercial Containers 8 yd(5 x per week) $696.21 $720.50 Commercial Containers 8 yd(6 x per week) $825.84 $854.62 INDUSTRIAL DIVERSION Commercial Compactors 2 yd(base price per pickup per week) $63.27 $65.74 Industrial Diversion Container Delivery Svc 6-10 yd $25.63 $26.63 Commercial Compactors 3 yd(base price per pickup per week) $8759 $91.01 Industrial Diversion 6 yd Disposal Fee(Wood) $30.74 $30.74 Commercial Compactors 4 yd(base price per pickup per week) $112.36 $116.75 Industrial Diversion 6 yd Disposal Fee(Sheetrock) $30.74 $30.74 Commercial Compactors 5 yd(base price per pickup per week) $13716 $142.52 Industrial Diversion 8 yd Disposal Fee(Wood) $30.74 $30.74 Commercial Compactors 6 yd(base price per pickup per week) $161.31 $167.62 Industrial Diversion 8 yd Disposal Fee(Sheetrock) $30.74 $30.74 Industrial Diversion 10 yd Disposal Fee(Wood) $30.74 $30.74 COMMERCIAL TEMPORARY TRASH Industrial Diversion 10 yd Disposal Fee(Sheetrock) $30.74 $30.74 Commercial Temp Service 3 yd Haul Svc(Municipal Solid Waste) $44.60 $46.12 Industrial Diversion Container Delivery Svc 20-40 yd $25.63 $26.63 Commercial Temp Service 3 yd Haul Svc(Construction and Demolition) $119.45 $123.90 Industrial Diversion 20 yd Disposal Fee(Wood) $30.74 $30.74 Commercial Temp Service 3 yd(Monthly Rent) $26.67 $2771 Industrial Diversion 20 yd Disposal Fee(Sheetrock) $30.74 $30.74 Industrial Diversion 30 yd Disposal Fee(Wood) $30.74 $30.74 COMMERCIAL PERMANENT RECYCLING Industrial Diversion 30 yd Disposal Fee(Sheetrock) $30.74 $30.74 Commercial Commingled Industrial Diversion 40 yd Disposal Fee(Wood) $30.74 $30.74 Recyclable Collection 3 yd(Extra Dump) $18.28 $18.94 Industrial Diversion 40 yd Disposal Fee(Sheetrock) $30.74 $30.74 Commercial Commingled Recyclable Collection 3 yd(Every Other Week) $53.62 $55.59 INDUSTRIAL RECYCLING Commercial Commingled Industrial Recycling Processing per loose yard(as applicable) $1.08 $1.08 Recyclable Collection 3 yd(1 x week) $67.10 $69.48 Industrial Recycling Processing per compact yard(as applicable) $2.16 $2.16 Commercial Commingled Industrial Recycling Container Delivery Svc 6-10 yd $25.63 $26.63 Recyclable Collection 3 yd(2 x week) $118.40 $122.54 Industrial Recycling 6 yd(Monthly Rent) $56.66 $58.87 Commercial Commingled Industrial Recycling 8 yd(Monthly Rent) $73.44 $76.31 Recyclable Collection 3 yd(3 x week) $169.73 $175.63 Industrial Recycling 10 yd(Monthly Rent) $81.84 $85.04 Commercial Commingled Industrial Recycling Contain Deliver Svc 20-40 yd $25.63 $26.63 Recyclable Collection 3 yd(4 x week) $221.04 $228.70 Industrial Recycling 20 yd(Monthly Rent) $94.10 $9777 Commercial Commingled Industrial Recycling 30 yd(Monthly Rent) $115.01 $119.50 Recyclable Collection 5 yd(Extra Dump) $24.88 $25.76 Industrial Recycling 40 yd(Monthly Rent) $131.43 $136.57 Commercial Commingled Recyclable Collection 5 yd(Every Other Week) $73.74 $76.40 MISCELLANEOUS CHARGES Commercial Commingled Miscellaneous Collection Tires 9(ea.)up to 16 inches $6.17 $6.41 Recyclable Collection 5 yd(1 x week) $102.27 $105.83 Miscellaneous Collection Freon-containing units/appliances $58.76 $61.06 Commercial Commingled Miscellaneous Collection Non-Freon units/appliances $16.66 $1731 Recyclable Collection 5 yd(2 x week) $171.81 $17765 Miscellaneous Collection Special Collection(for each increment of 10 minutes) $23.55 $24.47 Commercial Commingled Miscellaneous Collection Bulky Item Pickup(per item) $16.66 $17.31 Recyclable Collection 5 yd(3 x week) $240.87 $248.96 Miscellaneous Collection Extra Pickup/Go Back(per occurrence) $11.88 $12.35 Commercial Commingled Miscellaneous Collection Relocation(all sizes)-Commercial/Industrial $25.63 $26.63 Recyclable Collection 5 yd(4 x week) $310.16 $320.51 Industrial Services Turnaround compactor fee-Commercial/Industrial $17.98 $18.68 Commercial Commingled Miscellaneous Collection Weekend Charge-Industrial $72.77 $75.62 Recyclable Collection 6 yd(Extra Dump) $30.24 $31.31 Miscellaneous Collection Pressure Wash-Industrial $214.54 $222.93 Commercial Commingled Industrial Services Dry Run-Large industrial containers and compactors$109.22 $113.49 Recyclable Collection 6 yd(Every Other Week) $8743 $90.59 Industrial Services Dry Run(6-10 yd) $63.35 $65.83 Commercial Commingled Miscellaneous Collection Commercial Combo Lock Replacement $30.57 $31.77 Recyclable Collection 6 yd(1 x week) $108.63 $112.38 Commercial Container Extra Yard(Overload Each yd) $16.29 $16.93 Commercial Commingled Recyclable Collection 6 yd(2 x week) $194.17 $200.78 Commercial Commingled August 27,Septmber 3,2021 136970 Recyclable Collection 6 yd(3 x week) $279.68 $289.15 W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution 21-2284: A Resolution of the Mayor and City Council of the City of Meridian Reserving the Forgone Amount for Fiscal Year 2022 for Potential Use by the City of Meridian in Subsequent Years as Described in Idaho Code § 63-802, Et Seq.; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 21-2284 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION RESERVING THE FORGONE AMOUNT FOR FISCAL YEAR 2022 FOR POTENTIAL USE BY THE CITY OF MERIDIAN IN SUBSEQUENT YEARS AS DESCRIBED IN IDAHO CODE § 63-802, et seq.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Idaho Code §50-235 empowers the city council of each city to levy taxes for general revenue purposes; and, WHEREAS, Idaho Code §50-1002 requires the city council of each city in the State of Idaho to pass a budget, referred to as an annual appropriation ordinance; and, WHEREAS, Idaho Code §63-802 sets limitations on all taxing district budget requests on the amount of property tax revenues that can be used to fund programs and services; and, WHEREAS, Idaho Code §63-802(1)(a) allows each taxing entity to increase property tax budget amounts by a maximum of 3%,plus an amount calculated based on the value of both new construction and annexation added during the previous calendar year, plus an amount for forgone taxes; and, WHEREAS,Idaho Code §63-802(1)(f)requires that the City adopt an annual resolution to reserve additional forgone amount in order to utilize that amount in subsequent years; and, WHEREAS,the City has met the notice and hearing requirements in Idaho Code §63-802(1)(f) to reserve the current year's increase in the forgone amount; and, WHEREAS,the City intends to reserve $0.00 of its current year's increase in allowable forgone amount. NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: That $0.00 of the current year's allowable increase in its forgone amount is reserved and included in the City's total forgone balance for potential use in subsequent years. ADOPTED by the City Council of the City of Meridian, Idaho, this 7th day of September, 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 7th day of September, 2021. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk RESOLUTION RESERVING FOREGONE TAX REVENUES FOR FY22 FOR FUTURE USE PAGE 1 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Mayor's Office: American Rescue Plan Act (ARPA) Funding Opportunities Discussion C� E IDIAN,--- MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Dave Miles Meeting Date: Sept 7, 2021 Presenter: Dave Miles Estimated Time: 20 mins Topic: American Rescue Plan Act (ARPA) Funding Discussion Recommended Council Action: Provide an update and recommendations to Council on the potential use of American Rescue Plan Act (ARPA) funding, with follow up discussion to occur at future Council meeting. Background: The Federal Government has allocated a new round of COVID relief funding under what is now known as the American Rescue Plan Act (ARPA). Through the Coronavirus State and Local Recovery Funds Program (SLFRF),the City has been allocated direct funding of$12.8M. This funding effort deviates from prior rounds of COVID-19 relief funding (CARES Act, etc.) in that the funds that the City can receive are received directly by the City, not funneled through the State. To date,the City has not requested or received any of the SLFRF funds, however an initial reporting is required and was provided by Finance to the Federal Treasury by August 31, 2021 indicating that the city has requested and expended $0 of SLFRF funds available to date. As stated by the US Treasury, the ARPA funding also deviates from past COVID-19 funding efforts in that the Treasury recognizes that within the funding categories, each jurisdiction has substantial flexibility to meet local needs of the community. Within the ARPA funding guidance, the Treasury has identified four general categories of uses: • Responding to the public health emergency or its negative economic impacts • Providing premium pay to eligible workers • Providing government services (via revenue loss prescriptive formula) • To make necessary investments in (water, sewer,broadband) infrastructure Discussion: The Council Work Session agenda item is intended to update Council on the specifics of the ARPA funding, daylight recommendations, and confirm an approach for the City to utilize the ARPA funding. In review with Legal and Finance teams,the guidance and funding can be attributed to the four funding categories in following ways: Responding to the public health emergency or its negative economic impacts Some or all of$12.8M Providing premium pay to eligible workers Some or all of$12.8M Providing government services via revenue loss prescriptive formula Maximum of$4.6M of the$12.8M To make necessary investments in(water,sewer,broadband)infrastructure Some or all of$12.8M Pagel of 2 Within each of the four categories defined by US Treasury, there is guidance on various allowances that the funding can be used for. In general,with the ARPA funding being one-time money, if the City accepts all or some of the funding, strategies to expend the money on one-time capital needs seem to make the most sense, rather than spending funds toward on-going expenses. With that, the discussion is intended to inform Council of the general requirements and recommendations for use of the ARPA funding. <end> Page 2 of 2 T 5 � L Ama". September 2021 American Rescue Plan Act — Projects Discussion . • TODAY'S DISCUSSION C�VIEN IAN:--- Z • WHAT IS 'ARPA and the 'SLFRF'? • WHAT CAN FUNDING BE USED FOR? • PROJECT OPTIONS & RECOMMENDATIONS WHAT IS A RPA? C�VIEN IAN.�3 • Federal Funding - $350B ➢ COVID Response & Bring Back Jobs • Idaho - $ 1 .09413 ➢ State & Non- Entitlement Units • Meridian - $ 12,845, 509 ➢ Direct Funding to City WHAT IS A RPA? C�VIEN IAN.�4 • Tranche Funds Two Tranches: • Key Dates o May 2021 & 2022 — 50% / 50% • Reporting --- ➢ Dec. 31 , 2024 — Incurred / Obligated ➢ Dec. 31 , 2026 — Expended o Return of funds ➢ Interim Report ➢ Quarterly Project & Expenditure Reports :--- WHAT CAN FUNDS BE USED FOR? C�VIEN IAN5 • Respond to Public Health Emergency OR Its Negative Impacts • Provide Premium Pay for Essential Workers • Provide Government Services (Through Replaced Lost Revenue)* • Invest in Water, Sewer and Broadband Infrastructure Retrieved from source: https.11home.treasury,goy/system/files/136/SLFRP-Quick-Reference-Guide-FINAL-508a.pdN-1 f . • WHAT CAN FUNDS BE USED FOR? C�VIEN IAN,~6 ➢ Respond to Public Health Emergency OR Its Negative Impacts • Testing, vaccines, nursing care costs of similar, emergency medical response (RRV), PPE, improve ventilation @facilities, COVID mitigating payroll, COVID communications, housing assistance, education support ➢ Provide Premium Pay for Essential Workers • Eligible worker premium pay per Hero's Act; nursing home staff; food production/stores, etc.; public health staff, public facing interactions, childcare, etc. :--- WHAT CAN FUNDS BE USED FOR? C�VIEN IAN ➢ Provide Government Services (Revenue Loss)* • Provide General Fund relief based on prescriptive calculation to continue services w/o impacts on broad economic recovery ➢ Invest in Water, Sewer and Broadband Infrastructure • Invest in CWSRF, DWSRF and Broadband infrastructure projects: Treatment works, energy efficiency, stormwater, conservation, watershed pilots, reuse, transmission/distribution, source water, storage . • WHAT CAN FUNDS BE USED FOR? C�VIEN IAN,~8 • Total Meridian Distribution: $ 12,845,509 • Revenue Loss Portion: $4,661 ,692 • Remainder: $8, 183,817 PROJECT FUNDING OPTIONS & MAXIMUMS C�WIEN IAN:--- 9 rp $ 12 , 84M 0 $4 , 66M $ 12 , 84M $ 12 , 84M C� VfIEF,ID IAN- PROJECT FUNDING RECOMMENDATIONS �Jo $ 160K $4 . 66M ($3 . 92 Hold ) $ - Nil $4 , 09M :--- PROJECT IDEAS C�WIEN IAN11 COVID Response Revenue Loss Facilities HVAC NPBI ($160K) UP Capital Project (5 Yrs.) Road & Transportation Projects (Hold remainder for potential future needs) Eligible Pay Water, Sewer, Broadband UP Capital Projects (5 Yrs.) Cybersecurity (SCADA) WA & WRRF Energy Efficiency Projects . • r • IAN QUESTIONS? pl- r • • • �'' www.meridiancity.org