HomeMy WebLinkAbout2023-01-17 Regular
City Council Regular Meeting
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Tuesday, January 17, 2023 at 6:00 PM
Minutes
ROLL CALL ATTENDANCE
PRESENT
Councilman Joe Borton
Councilwoman Liz Strader
Councilman Brad Hoaglun
Councilman John Overton
Councilman Luke Cavener
Mayor Robert E. Simison
ABSENT
Councilwoman Jessica Perreault
PLEDGE OF ALLEGIANCE
COMMUNITY INVOCATION
ADOPTION OF AGENDA Adopted
CONSENT AGENDA \[Action Item\] Approved
Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener.
Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman
Overton, Councilman Cavener
1. Approve Minutes of the January 3, 2023 City Council Work Session
2. Approve Minutes of the January 3, 2023 City Council Regular Meeting
3. Findings of Fact, Conclusions of Law for The Bridge at The Village at Meridian (CR-
2022-0007) by Meridian CenterCal, LLC, for Property Located at 3210 E. Longwing
Ln.
4. Findings of Fact, Conclusions of Law for Sessions Parkway (H-2022-0046) by KM
Engineering, LLP. located at 2700 N. Eagle Rd.
5. Cost Share Permit for Ada County Highway District Project 522029.001 - Stoddard
Road, Victory Rd. to Overland Rd.
6. Approval of Purchase Order #23-0175 to Berry, Dunn, McNeil & Parker, LLC for
Grant Management Services for the Not-To-Exceed amount of $150,000.00
7. Resolution No. 23-2368: A Resolution Approving a Farm Lease Agreement
Between the City of Meridian and Louie Asumendi Concerning Approximately
Forty (40) Acres of Real Property Located on N. Ten Mile Road, North of W. Ustick
Road, in the City of Meridian, Idaho; Authorizing the Mayor and City Clerk to
Execute and Attest Said Farm Lease Agreement on Behalf of the City of Meridian;
and Providing an Effective Date
8. Farm Lease Between the City of Meridian and Louie Asumendi for farming of 40
acres of City owned land adjacent to the Wastewater Resource Recovery Facility
for 2023
ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\]
PUBLIC FORUM – Future Meeting Topics
ACTION ITEMS
9. Resolution No. 23-2369: A Resolution of the Mayor and the City Council of the City
of Meridian Appointing Diane Bevan to Seat 6 of the Meridian Development
Corporation; and Providing an Effective Date Approved
Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener.
Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilman
Cavener
Abstaining: Councilman Borton
10. Public Hearing for Modern Craftsman at Black Cat (H-2022-0083) by Brandon
Sheltrown, HB Architects, located at 4701 W. Caragana Ln. on the northeast corner
of N. Black Cat Rd. and W. Chinden Blvd. (SH 20/26) Approved
Application Materials: https://bit.ly/H-2022-0083
A. Request: Development Agreement Modification to modify an existing
Development Agreement provision regarding the two-story commercial
building now proposed as a single-story structure with surface parking on
2.59 acres of land in the C-C zoning district.
Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener.
Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman
Overton, Councilman Cavener
FUTURE MEETING TOPICS
ADJOURNMENT 6:57 p.m.
Meridian City Council January 17, 2023.
A Meeting of the Meridian City Council was called to order at 6:01 p.m., Tuesday,
January 17, 2023, by Mayor Robert Simison.
Members Present: Brad Hoaglun, Joe Borton, Luke Cavener, Liz Strader and John
Overton.
Members Absent: Jessica Perreault.
Also present: Chris Johnson, Bill Nary, Bill Parsons, Stacy Hersh, Shawn Harper and
Dean Willis.
ROLL-CALL ATTENDANCE
Liz Strader _X_ Joe Borton
_X_ Brad Hoaglun _X_ John Overton
Jessica Perreault _X_ Luke Cavener
X_ Mayor Robert E. Simison
Simison: Council, we will call the meeting to order. For the record it is January 17th,
2023, at 6:01 p.m. We will begin this evening's regular City Council meeting with roll
call attendance.
PLEDGE OF ALLEGIANCE
Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us
in the pledge.
(Pledge of Allegiance recited.)
COMMUNITY INVOCATION
Simison: It looks like we do not have anyone here for the community invocation.
ADOPTION OF AGENDA
Simison: So, with that we will move on to adoption of the agenda.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: No changes on the agenda for this evening, so I move adoption of the
agenda as published.
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January 17,2023
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Cavener: Second.
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 January 3, 2023 City Council Work Session
2. Approve Minutes of the January 3, 2023 City Council Regular
Meeting
3. Findings of Fact, Conclusions of Law for The Bridge at The Village at
Meridian (CR2022-0007) by Meridian CenterCal, LLC, for Property
Located at 3210 E. Longwing Ln.
4. Findings of Fact, Conclusions of Law for Sessions Parkway (H-2022-
0046) by KM Engineering, LLP. located at 2700 N. Eagle Rd.
5. Cost Share Permit for Ada County Highway District Project
522029.001 - Stoddard Road, Victory Rd. to Overland Rd.
6. Approval of Purchase Order #23-0175 to Berry, Dunn, McNeil &
Parker, LLC for Grant Management Services for the Not-To-Exceed
amount of $150,000.00
7. Resolution No. 23-2368: A Resolution Approving a Farm Lease
Agreement Between the City of Meridian and Louie Asumendi
Concerning Approximately Forty (40) Acres of Real Property Located
on N. Ten Mile Road, North of W. Ustick Road, in the City of Meridian,
Idaho; Authorizing the Mayor and City Clerk to Execute and Attest
Said Farm Lease Agreement on Behalf of the City of Meridian; and
Providing an Effective Date
8. Farm Lease Between the City of Meridian and Louie Asumendi for
farming of 40 acres of City owned land adjacent to the Wastewater
Resource Recovery Facility for 2023
Simison: First item up is the Consent Agenda.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
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January 17,2023
Page 3 of 19
Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk
to attest.
Cavener: Second.
Simison: I have a motion and a second to approve the Consent Agenda. Is there any
discussion? If not, all in favor signify by saying aye. Opposed nay? All the ayes have it
and the item is agreed to.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
Simison: There are no items moved from the Consent Agenda.
PUBLIC FORUM — Future Meeting Topics
Simison: So, Mr. Clerk, do we have anyone signed up under public forum?
Johnson: Mr. Mayor, we did not.
ACTION ITEMS
9. Resolution No. 23-2369: A Resolution of the Mayor and the City
Council of the City of Meridian Appointing Diane Bevan to Seat 6 of
the Meridian Development Corporation; and Providing an Effective
Date
Simison: Okay. Then we will move on to our Action Items this evening. Our first Action
Item up is Resolution No. 23-2369, resolution of the Mayor and City Council of the City
of Meridian appointing Diane Bevan to Seat 6 of the Meridian Development Corporation
and providing an effective date. Diane should be a well known commodity to most if not
all of us. She's previously served on the MDC and in conversations with the board chair
Ashley and several members of Council I think we have kind of set up a good plan
moving forward both to bring Diane back on to MDC. She's been very pivotal in really
helping with where MDC was the previous couple years. She had to step down while
she got busy traveling the state and when she is committed to something she remains
committed and if she couldn't be there she didn't want to -- want to take away from the
work that needs to be done, but she's ready to get back on and help them continue
moving forward with the work that's been occurring for the last several years while she's
been part of that and so at this time I would like to invite her to go back on to MDC with
the Council's support and be happy to answer any questions.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
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January 17,2023
Page 4 of 19
Hoaglun: No question, but I'm ready for a motion, unless somebody has a question.
Mr. Mayor, I think it's a great appointment and I move we approve Resolution No. 23-
2369 appointing Diane Bevan to Seat 6 of the Meridian Development Corporation.
Cavener: Second.
Simison: I have a motion and a second to approve Item 9. Is there any discussion? If
not, all in favor signify by saying aye.
Borton: And one abstention, Mr. Mayor.
Simison: Okay. Perfect. Opposed nay? Okay. So, four ayes, no nays, and one
abstention and so the resolution is agreed to.
MOTION CARRIED: FOUR AYES. ONE ABSTENTION.
Simison: Diane, would you like to come forward and make any comments? We
appreciate you being here, so don't want to just send you home for the night.
Bevan: Mr. Mayor and Councilman, appreciate the opportunity to come back. Again,
as Mayor Simison said, when I can't give 150 percent to something I feel that that seat
should have been given to someone that can give the time and attention that it needed
at that time and -- and I'm also excited to continue to serve the City of Meridian and to
continue into -- into that position again. So, thank you.
Simison: Thanks, Diane. Appreciate it.
10. Public Hearing for Modern Craftsman at Black Cat (H-2022-0083) by
Brandon Sheltrown, HB Architects, located at 4701 W. Caragana Ln.
on the northeast corner of N. Black Cat Rd. and W. Chinden Blvd.
(SH 20/26) 0083
A. Request: Development Agreement Modification to modify an
existing Development Agreement provision regarding the two-story
commercial building now proposed as a single-story structure with
surface parking on 2.59 acres of land in the C-C zoning district.
Simison: So, with that we will move on to Item 10, which is a public hearing for Modern
Craftsman at Black Cat, H-2022-0083. We will open this public hearing with staff
comments. Good evening, Stacy.
Hersh: Good evening, Mayor and City Council. The applicant is here to present the
Modern Craftsman at Black -- Black Cat development agreement modification. This site
consists of 2.59 acres of land, zoned C-C, located at 4701 West Caragana Lane. The
history is part of a -- this parcel is part of the -- of a development agreement that was
approved in 2020 and was removed from an existing development agreement for the
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January 17,2023
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purpose of entering into a new DA with a new conceptual plan and building elevations.
The Comprehensive Plan is mixed-use community. In the summary of the request the
applicant requests a modification to the existing development agreement, Instrument
No. 20-174161, provision regarding the two-story commercial building now proposed as
a single story structure with surface parking. The approved DA in 20-174261 includes a
provision that requires the proposed commercial building located near the intersection
of North Black Cat Road and West Chinden Boulevard to be constructed as a two-story
structure. The two-story option, though, is a larger floor plate and building provided only
5,185 square feet of ground floor retail and active use area. The remaining 8,538
square feet is dedicated to a tuck-under parking area. So, approximately 131 feet of the
Chinden Boulevard elevation is attributed to the parking garage which provides no
active ground floor use along this extent of the facade. So, the applicant believes that
the parking garage prevents visibility to the ground floor retail areas from Chinden
Boulevard limiting the areas of tenant visibility, therefore, providing challenging leasing
for the ground floor commercial area and flexible tenant layouts. Currently the
anticipated restaurant tenant and other potential retail -- retailers necessitate modifying
the previous building design and parking quantities to be better aligned to meet the
commercial market demands, while lessening potential impacts on the surrounding
neighborhood. So, the applicant is proposing a 7,004 square foot one story commercial
building that is highly visible and establishes a cornerstone for the overall Modern
Craftsman at Black Cat residential development. So, on the slide you will see the
previous two-story elevations that were approved with the development agreement and
this is the new proposed one story elevation. Additionally, a 563 square foot outdoor
covered patio area is planned for a restaurant tenant to use activating the facade along
Chinden Boulevard by showcasing the restaurant activity within the building. The
proposed -- proposed building varies in parapet heights ranging from 25 feet 8 inches
to 22 feet, presenting a ground floor window height of 12 feet along all the facades. The
design echoes the previous quality design and the Modern Craftsman contemporary
architectural materials originally presented, such as stucco, cultured stone, composite
wood, dark bronze aluminum, store front glazing and standing seam metal roofing
reflecting similar quality and color ways of their overall Modern Craftsman at Black Cat
development. Staff has analyzed parking using the restaurant standards requiring one
parking stall for every 250 square feet of gloss -- gross floor area to ensure that
adequate parking is provided and per the standard 28 parking stalls would be required if
the site developed per the submitted revised concept plan and the applicant has
provided 42. Additionally, the commercial square footage was -- footage was a topic of
discussion during the initial hearing. Ultimately Council agreed with staff and required
the two story commercial building to ensure that the mixed-use community area would
develop with a higher commercial square footage to provide more of a balance with the
proposed residential development on site. Fundamentally, the applicant's proposal for a
one story building on this site includes more retail square footage than the required two-
story building and as the two-story building essentially provided less ground floor square
footage for retail space and presenting the illusion it was larger due to -- to the tuck
under parking area. The applicant is, therefore, requesting the following modification to
the provision 5.1 .H in the existing development agreement and this just, essentially, is
striking the two-story building to a one-story building. Written testimony in regards to
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January 17,2023
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these changes were from Jamie Knight, Evelyn and Albert Jones, and they both support
the request by Baron Properties to modify their original agreement and build the single
story commercial building in lieu of the two-story building required in the original
agreement. Staff does recommend approval and with the -- with the condition striking
the two story to a one story and the provision of 5.1 .H and that concludes the
presentation and I stand for any questions.
Simison: Thank you, Stacy. Council, questions for staff? Okay. Then would the
applicant like to come forward?
Koeckeritz: Thank you. Elizabeth Koeckeritz with Givens Pursley. 601 Bannock,
Boise. Representing the applicant Baron Properties tonight. All right. Good evening.
My name is Elizabeth Koeckeritz, like I just said. I am with Givens Pursley. Tonight
also with me we do have representatives from Baron Properties and members of our
development team, including Matt Riggs, who is one of the owners of the company.
Our Senior VP of Construction Greg Hector. Ryan Sexton and some others who will be
able to assist if there is any sort of technical questions that fall outside of the scope of
my knowledge. I also want to thank Stacy for her work on this. We worked with the city
on this originally with Joe and, then, with Stacy. We reviewed the full staff report and
we are in agreement with it. Just by way of background and as a refresher, if you
remember, Baron Properties, they are an established developer throughout the
Mountain West and they have most recently been approved for two projects here in
Meridian, the Modern Craftsman at Black Cat, which is the project we are discussing
today, and, then, the Modern Craftsman at Ten Mile. Currently there is a new project
that we are slated to be presenting to the Planning and Zoning Commission sometime
in February and that will be, hopefully, going in south of the Interstate on the corner -- or
near the corner of Victory and Eagle. Just as a refresher, on the Black Cat
development, because it's been a couple of years, this was originally -- this was a new
sort of concept that Baron was bringing to Meridian at the time, which was the detached
residential living within the multi-family community. Baron really prides itself on
producing a really high-end product with a lot of high-end amenities where its residents
can then just live and live in, essentially, detached single family housing without having
to worry about the upkeep, without having to worry about the repairs, with having the
swimming pool, with having all the great amenities. Included within that approval was a
two-story commercial office building that's fronting the hard corner at Chinden and
Highway -- and Black Cat, which is the area that I have circled here in red on the slide.
Since that initial approval market conditions have shown that this corner is really best
suited for a restaurant type use with some smaller retail and that is what we are asking
for here today, as long as -- with an initial two or three smaller retail establishments.
We think this will provide just a better intersection. It really integrates this building, this
restaurant more into the community. It really makes it a more pedestrian friendly
community and, as we are going to discuss, it just makes a lot more sense for the site.
Right here this is the new entrance into the development, the northern entrance, and,
then, the picture on the right is the commercial site view from Chinden and what you
can see looking at this site is in the background -- and it's not an ideal picture, but in the
background on the left the development included vertically integrated units. Those have
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January 17,2023
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now been constructed. We are looking at getting C of O's for those sometime beginning
of February and, then, to the right, which is also not super easy to see, they have
constructed what was considered more of a pop-up market building, which was a
smaller commercial building. There was also a smaller ground floor commercial than
with four residential units on top of that. And as we talk through this we think it's
important not only that what's on that hard corner be visible and something that
residents can see and access, but also that those other units get -- that other
commercial space also be something that can be viewed -- that can be used that's really
integrated into the community. And so for that reason we are asking for this DA
modification for a one story building. We believe, as I will discuss each of these, this
will improve the activation of the site, reduce the impact on the neighbors, especially the
parking. It does meet the higher demand for a single story restaurant building in this
location. There is better parking and there is much better circulation as we will discuss.
As mentioned, we are -- this is still -- it's an L-shaped 7,004 foot single story building
with an additional 563 square foot covered patio area. This is looking at the building
from the corner of Chinden and Black Cat. So, parking. Original proposal included a
first floor parking garage, which is depicted on the left. It originally provided 37 spaces
between the garage and the street parking and which, although that met city code, was
still -- it barely met city code. Like we were just hitting the bare minimums of city code
there and so there has always been this concern of what are we going to do about
parking as this develops and as this place fills out and so one of the concerns is always
that the extra overflow parking is going to end up in the residential neighborhood. And
so what we are now proposing is a parking area where we eliminate that ground floor
parking garage and we have 42 stalls. This equates to six stalls per one thousand
square feet, which is more closely aligned with what a restaurant use is looking for and
what retail uses in this area are looking for. This also will help the city meet its goal of
trying to get some sort of restaurant type use in the area and it really -- it just really
opens up this site, as I will explain here in a minute. One of the other issues with the
parking was that you came in and it dead ended in three different locations and so you
pulled in and if there was not a parking spot you had to back back out and that
happened at three separate locations. This new proposed design allows for much
better parking flow. As you can see you just drive in and you do a U. It's much more
like a standard convenient parking. Like that's where you want to park. Also in looking
at the original proposal, they still had not been able to cite where the trash and recycling
receptacles would be and so on this new plan there is actually space for that and it's
conveniently located more along that eastern boundary. So, talking about the facade
activation. The old building, because it was the two story, it really limited the view from
the street looking inward to the other developments. As Stacy mentioned, there were
131 feet of frontage was just a parking garage and everyone knows that while parking
garages may be needed in some places, they are not particularly helpful in activating
street fronts and getting people excited and getting people going places. There were
very few pedestrian places to walk and it just was not the ideal situation. Now with this
new plan it makes a lot more sense. You can see two and through the parking lot and
what's also really key with this new plan is where that green star is, those are the
vertically integrated units. So, as you are traveling down Chinden you have at least the
opportunity to see that something is back there, as well as there are the -- that pop-up
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January 17,2023
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market sort of flex commercial space. You can also see to and through that, which
really allows -- which really does help activate and bring more people to this commercial
area. The neighbors have also been excited about this. A lot of them had expected
that it would be a one story and they thought when they purchased their homes to the
south across the street that they thought they were going to have their views of the
mountains forever and by reducing this from the two story to the one story it really does
help with preserving some of those view corridors as well. The new plan increases the
glazing on the various -- on the three sides of the building, so there is just more to see.
It's just a lot more visually appealing sort of building that we are looking at now. All
pedestrian circulation and activity -- previously the pedestrian -- there was sort of a walk
path over on the eastern boundary. Then you are really walking right through the
middle of the property to get to the building, because you couldn't -- because of the
large L-shape of the parking garage it just wasn't as connected to Chinden into the front
street. Now with this new parking -- with this new plan there is that direct access
directly from Chinden to the properties in the back, both adjacent to the building and
there is still that pathway along the east side. With that there is also now an increased
buffer between -- on the east side between the pathway and the parking lot. That's
going to be now -- I believe it was 22 feet. There -- previously there had been -- a
community garden had been located there. However, upon reflection and meeting with
tenants and seeing how the property actually flows and works, it made a lot more sense
and Baron has worked with city staff to move the community garden back to another
location on the site where it is now located near the barbecue area, because people
who are out and wanting to garden tend to not want to do it right along Chinden and it
makes a lot more sense to have it much more internally located in a nicer quieter
location. Here you can really see the street activation of the new building. On the top is
the previously approved building that was really just -- it sort of is this really large
massing building. It's lacking a lot of the sort of pedestrian elements. It's very bulky.
While we have no doubt that it would have been a very nice building, we believe that
what we are proposing just makes a lot more sense and looks a lot nicer for this site
and you can see that by making the building smaller and running it back to the north
more that it really just makes the active area -- it works a lot better in this -- with this
flow. There is more exterior elevations. Here is a proposed -- the floor plan where you
can see the -- the larger restaurant space and, then, three smaller tenant spaces just a
little bit clearer. The parking. The pathway. You can see it all a little bit better here. As
well as that patio is a really nice feature to let people get outside to be doing something
on that corner and to really get that movement between people in the development,
people across the street all having a nice place to come, have a coffee, have a drink,
have a -- whatever the restaurant is selling. Here is just the comparison of the two
buildings. You can see just the much lower building, the more street activation, that just
-- the -- the additional landscaping, how this just seems to flow better into the
neighborhood. And it does seem that this is more in line with a lot of the C-C zoning
that it's in. The bigger building makes a lot more sense further down the road heading --
well, either east or west in some more of the C-G zoning versus the C-C zoning. Here
is the picture again from the corner of Black Cat and Chinden. It has the different roof
levels. There is a lot of canopies and roof eaves. There is depth along the facades.
There is just a lot of visual interest going on here that makes this a really nice building.
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January 17,2023
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Here is -- if you are on Chinden facing west you can kind -- you can start to see the
buildings behind it from this picture where there is just that openness and that
connection throughout the development. And, finally, this is where when you come in
from Caragana all of the accesses -- there were no accesses to the development off of
Chinden. You come to Black Cat, you turn right on Black Cat, then, there is two
entrances into the development. The first entrance is Caragana Lane and so you turn in
there and, then, you turn into this parking area. As mentioned we did receive two letters
of support. I think that's really key. We have all done a lot of these. Very rarely do we
have neighbors actually supporting anything that people want to do and so I think that
this -- the way this flows, the way the neighbors see this integrating, it provides
something that neighbors do want, which is a restaurant type use in this neighborhood.
This design accommodates the tenants that we anticipate being here. It better meets
with the pedestrian access. It's better -- it provides more parking and it addresses really
all of the sort of concerns that the development team has had in trying to integrate this
building in with the development and with that I will stand for any questions.
Simison: Thank you. Council, questions?
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Just a quick one, kind of a minor detail, but what are the changes to the
community garden? Is it being -- where is it exactly being relocated and is it changing
size?
Koeckeritz: It is -- so, I have a site plan here. I don't have a pointer. So, on the far
eastern side there is an orange -- so, right there. That is the barbecue area and they
are being relocated there. I don't have the -- into that barbecue pit area, which will
make it just generally nicer for the tenants.
Strader: Comment. So, you are moving the community garden into the residential part
of the development?
Koeckeritz: Yes.
Strader: Okay. Got it. And, then, I guess it's just a -- more of a comment for staff. I
mean so I -- my -- one of my takeaways from this is if we are concerned about the
amount of land devoted to a different use, maybe, you know, multiple stories isn't a
great solution in terms of a requirement. But I -- I think this is a big improvement
overall. So, I -- I -- I'm in support. Thanks.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
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January 17,2023
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Cavener: Elizabeth, appreciate your -- your presentation and I tend to agree with
Council Member Strader, a two story parking garage -- not feasible for a lot of reasons.
My -- I guess my question is -- recognize maybe you are figuring out who the tenant is
going to be for the restaurant, but can you at least describe the concept? Now it looks
like it's like a fast casual type of restaurant. Is that kind of what's intended? Is it fast
food? Fine dining? Kind of what's -- what's proposed?
Koeckeritz: I would -- Mayor, Council Member Cavener, I would anticipate it being more
of a -- oh, I don't know, like a nicer, but not a high-end sit-down restaurant.
Cavener: Okay.
Koeckeritz: With the -- like with -- like a burgers and a -- like a high end Applebee's, but
I don't want to say an Applebee's.
Cavener: Sure. Like a -- more casual in nature, less fine dining.
Koeckeritz: Yes.
Cavener: Okay. And -- Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Elizabeth, here is the reason why -- why I ask and I -- I don't think I have ever
-- in my time on Council ever been a snob for parking. But one of the things that we are
seeing is that Chinden is really starting to emulate a lot of Eagle in that there are a lot of
restaurants and when I talk to those restaurant owners, if they don't own the building,
one of their biggest complaints is there is not enough parking for their patrons and so I
worry -- state highway, pulling a lot of traffic from multiple cities, multiple counties,
across Chinden -- appreciate going 18 spots above the minimum. I worry a little bit that
this is going to be a really attractive place that a lot of people are going to want to go to
and with that close proximity to the neighborhood, I -- I worry if we are setting ourselves
up for a little bit of disaster of patrons really excited to go to this restaurant, starting to
park, then, within the neighborhood and causing some -- some challenges for -- for
residents as well. So, not a parking expert, just curious kind of maybe walking through
the Council, like how you arrived on 42 stalls and is -- is 40 not enough? Is 50 too
many? I mean help me kind of understand that process, because I anticipate it's a -- it's
a Tuesday night, people aren't here at City Council, they are at this place having a great
meal and the parking lot is full.
Koeckeritz: Yes. So, I would say at first that the way we reached this was initially by
just pulling back and see what this is and while this -- and the standard for a lot of
restaurants, this is on the medium to low end of what is -- what they like to see and so it
is what we could get on it for right now. I do have some people here who might -- Ryan,
who is here, who may be able to address the parking questions in a lot more detail.
Meridian City Council
January 17,2023
Page 11 of 19
Cavener: Great. Thank you, Elizabeth.
Sexton: Ryan Sexton. Project manager. Baron Properties. I -- this is -- I have been
working on this for the last six months, putting it together. We had to work on a traffic
plan or the parking plan that works where we could still have circulation, because
nobody wants to get stuck in a dead end. We still had to be able to meet our needs with
bringing in -- having trash on site and have dumpsters there to kind of contain the site
and this was the best layout we could come up with with the parking stalls. One thing to
think, too, though, in the evening there is some overflow just within our center as well,
so -- because we aren't directly connected, obviously, just to the north. There are some
additional parking up there that could be overflow if need be. I would -- as far as the
individual neighborhood, everything around there is owned by us. But Fairbourne will
be across the street with a development. So, I think we have -- for mitigating out into
the parking -- into the neighborhoods to the far north, I -- I appreciate your -- I see your
concern, but I think that's -- they are going to mitigate their parking onto our site as well.
Cavener: Okay. Mr. Mayor?
Simison: Councilman Cavener.
Cavener: So -- is it Brian?
Sexton: Ryan. Yes.
Cavener: Ryan. Okay. Ryan, maybe, then, walk me through -- because what I see is
-- what I assume would be human nature is I -- I'm excited to go to this restaurant, I pull
into the parking lot, lot's full, and, then, I saw -- I couldn't see the street name that the
restaurant is on, but I would -- Caragana.
Sexton: Caragana.
Cavener: Okay. Caragana. So, I could see, then, if I'm a patron, I'm going to -- I'm
going to hang a right and go down Caragana into the neighborhood, as opposed to
going forward to try and -- and utilize that overflow there. Am I wrong with human
nature?
Sexton: You are correct on that. But if -- a simple two rights -- so, if you have another
left and the left you can swing right back into our commercial parking, which is just to
the north. But I understand what you are saying. But, once again, it's our neighborhood
and -- as a rental neighborhood.
Cavener: Yeah.
Sexton: We like -- we want to minimize that as well.
Cavener: But -- Mr. Mayor?
Meridian City Council
January 17,2023
Page 12 of 19
Simison: Councilman Cavener.
Cavener: Ryan, your neighborhood, but also our constituents who are moving there
that, you know, they don't always recognize, hey, the same people that did the
restaurant did our neighborhood. They are upset because Council Member Cavener is
parked, you know, quote, unquote, on their street to go to the restaurant, as opposed to,
you know, providing for -- for a neighborhood base. Ryan, one -- one more question,
because I'm starting to see a little bit more of this, at least in south Meridian where I live,
got a very popular place, very similar to this, that has a neighborhood that surrounds it
and I have seen from time to time golf carts and side-by-sides where they have parked
in the parking lots there and I don't know -- is that something that you are seeing in your
industry, like a rise of people using these recreational vehicles within a neighborhood to
get to businesses? You -- you wrinkle your brow, so that tells me that's probably not
something you have seen and I just --
Sexton: No. And -- and, sorry, that was -- wrinkling my brow was thinking, so -- put that
through there. We have not seen that. This is a rental neighborhood that we own and
have complete control over. I believe we will have actually within our -- have some
rules and regulations about riding side-by-sides within our neighborhood.
Cavener: Okay.
Sexton: That being said, your concern is valid, because we do have -- we have
Fairbourne right behind and people do have their golf carts and they are going from
place to place.
Cavener: And -- and -- Mr. Mayor? Ryan, the only reason why -- why bring it up is,
again, smaller parking spots -- I don't know if that's something that the industry has
seen is I got to a parking lot, I have got regular and I have got compact and I don't know
if there has been any contemplation for ultra compact for golf carts or anything like that.
I'm just -- I'm trying to find ways to maximize your parking in there, because I -- I just -- I
foresee this as going to be a challenge five years from now, so for what it's worth.
Sexton: Understood. Thank you.
Simison: Additional questions or comments? Just -- just a comment from my
perspective. The patio in the front, is that designed to be a place where there will be
tables and eating on that? I -- just being honest, I mean it's going to be a seven lane
road there. I can't imagine that's going to be a location that people are going to want to
sit. I could be wrong. I don't see anybody on -- out on the back of Buffalo Wild Wings,
except for -- except for at happy hour when they don't care how loud it is, because they
are all just being loud in that regards. But just two cents. I would never sit on that patio
at that restaurant and if you want to have a five star restaurant you are not going to
have a conversation with anybody with the traffic noise. There is no traffic coming along
that corridor and that part that I'm aware of. Food for thought. Consideration if it's really
Meridian City Council
January 17,2023
Page 13 of 19
worthwhile, but -- all right. Thank you very much. Mr. Clerk, do we have anyone signed
up to provide testimony?
Johnson: Mr. Mayor, just one. Lane Barlow.
Simison: Okay. No comments. If there is anybody that would like to provide testimony
on this item, feel free to come forward. If you are online and you would like to provide
comments use the raise your hand feature and we can bring you in. We do have a few
people online. Seeing no one coming forward and no one raising their hand, would the
applicant like to make any final comments? State your name and address for the
record, please.
Hector: Greg Hector. Senior VP construction development for Baron. Thanks for
talking with us tonight, Mr. Mayor, Council Members. I did want to just address the one
concern about the patio and also the neighborhood. There is a restaurant up on
Chinden a little farther east, the Tavern, which has a -- a patio facing Chinden. It's -- it's
a little bit of the design concept that we have there where it actually opens up to more of
the public areas. Also the concept of the restaurant with our community, I wanted to
stress that we are a fully owned and operated multi-family developer. We operate our
own communities with our own employees and we have our own set of covenants for
the community. So, we really don't have the side-by-side golf carts -- people doing
whatever they want to do. One of the things that we did with our development was
create a very connected spine walkway throughout the community and when we worked
with Meridian staff that was very deliberate to make sure that the residential could mix
with the commercial and so we created spine walkways and even the driveways where
our rental and lease tenants would be able to walk to any of the commercial facilities
that we had put down in that C-C zone at the corner. When we had our neighborhood
meeting a lot of the Fairbourne and the Spurwing residents came to that, which we held
in our Black Cat clubhouse, and were really in support of the ability to walk to a
restaurant across those streets and across the sidewalks and all of those different
amenities that we put in. Also the concept behind the restaurant was that the retail
space is really integrated well with the ground floor commercial spaces within the
vertically integrated building that's just to the north of that, so we have created kind of a
marketplace center where people who are in that community or in the communities
around us can literally walk into and through our community past our amenity space,
they could go to a service provider or a -- or a nail salon or a yogurt shop or something
in our vertically integrated building, possibility to visit something happening in the
community space at the pop up and, then, right across the street is the -- the restaurant
and three more retail locations and so we are trying to just pile that together. One of the
big things that was a big piece of Meridian staff when we first proposed this
development was the integration of that whole commercial corner and we weren't in
favor of the two-story concept from the beginning, but that was really the direction that
we were asked to go, so we did. And so we are really trying to return back to the roots
of what our vision was in the first place. So, I just wanted to clear up some of the -- you
know, we are seeking to maximize the parking spots already by doing almost triple the
Meridian City Council
January 17,2023
Page 14 of 19
-- the allowable count, but we don't see a lot of mayhem with smaller vehicles or people
just kind of coming in from nowhere. If that helps.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Greg -- and I apologize for kind of belaboring this, but maybe you can -- I'm
not the traffic engineer; right? I assume you guys have built space for restaurants and
other developments. What's the appropriate amount of spaces for a successful
restaurant? I -- you know, I did a quick look on -- on Google Maps as some other
restaurants that I thought that would kind of fit this model in Meridian and they all have
way more than 42 spots and those are also restaurants that are very popular, that the
parking space is full. So, I mean if you -- if you had a magic wand and you are building
this restaurant, is 42 the sweet spot or would you want more and it's a case that you --
you can't do more just because you are limited by the space that you have available?
Hector: Yeah. Council Member Cavener, that would be where we landed is that we
knew it was Meridian's concern to try to maximize commercial square footage and we
knew that we were reducing the square footage and by -- it was kind of a -- little bit of a
math matrix there to reduce the square footage of the building and -- and maximize the
parking spaces. I think we ended up at, what, one -- six spaces per thousand was it?
So, we felt like we were -- we -- we landed in the right place as far as maximizing the
most vehicle parking spaces we could without reducing the commercial, because we
only have so much room there. That's why we worked with Meridian staff to relocate
the community garden and planning staff worked with us to relocate that and that was
also to help maximize as much parking as possible up in that corner and like Ryan
mentioned, we do have some overflow there right across the street in the rest of that
commercial area next to the pop up and the vertically integrated building.
Cavener: Okay.
Hector: And you had a concern earlier that you might turn right and just head off to the
east. It's -- it's very clear once you have passed that commercial corner heading east
on Caragana, that you have now entered a residential community. So, you would -- you
would quickly know there is nowhere for me to be down here. So, I have missed my --
my parking spot.
Cavener: Well -- and -- Mr. Mayor. I -- I agree with you, but I also think that we are
creatures of habit and if I -- if I'm in a residential area, but I'm late for dinner with my
wife, I'm still going to try -- and I don't have a parking spot, I'm going to probably park on
the residential street and go catch up with my wife and so that's -- that's the part -- I'm
just --
Hector: Yeah.
Meridian City Council
January 17,2023
Page 15 of 19
Cavener: -- for whatever reason this one has just struck me as it's -- it's -- it's under
parked, which I don't think I have ever made that claim in my years on Council and I just
I -- I worry about the impact on your residents and our citizens and your patrons and --
Hector: Our only opportunity to create more parking spots there would be to even
shrink the building --
Cavener: Yeah.
Hector: -- further and so I think that's where our vision was to create a really nice
commercial building that tied into the architecture, but also provided multiple tenant
spaces with as many spots as that one acre allows us to.
Cavener: Yeah. No. I -- I totally -- it's -- you're in a very very tough situation and I
really like the project, I just -- I -- I think it's going to be so successful that five years from
now everyone is saying where -- where are these customers going to park?
Hector: Yeah. Yeah. Elizabeth was pointing out that, you know, as you progress --
there is really no parking in the -- in the roads, because there is parking stalls for
residents and, then, covered parking spots under canopies with numbers. So, those are
all reserved parking.
Cavener: Sorry, Mr. Mayor.
Hector: But they are numbered parking for -- yeah. There is -- there is some open
spaces, but they are numbered. There is canopies that are numbered. And, then, there
is private garages that are numbered. So, they are -- really, you know, without parking
in the street you would be diverted to probably find a spot over in front of the vertically
integrated building or in front of the clubhouse. Interestingly enough, because we only
have a right-in, right-out onto Black Cat from our southern entrance, when you leave
that commercial space we had no other option other than for people to leave headed
north in between the clubhouse and the vertically integrated to get back to the main
entrance and exit. That way if they want to go left -- so, that really becomes a -- a key
indicator that that's kind of where that overflow parking is. If that helps.
Cavener: Thank you.
Hector: Thanks.
Cavener: Appreciate it, Greg.
Simison: Technically the applicant has spoke for the last time, which is -- we have the
person signed up who didn't provide comments before. Council, would you like to hear
from -- okay. If you would like to come forward, then, the applicant will have an
opportunity to speak again afterwards. State your name and address for the record and
be recognized for three minutes.
Meridian City Council
January 17,2023
Page 16 of 19
Barlow: My name is Lane Barlow. I'm a resident of Fairbourne and relatively new on
seeing the things that are occurring. I do like the idea of it going to single story,
because it does change the whole dynamic when you turn in there, because Black Cat
is right now a very small road for the amount of people in there. But I'm seeing this as
kind of only a one-dimensional look, because directly west there is another commercial
property. So, you -- and talking the over flow parking, just in this neighborhood it
wouldn't stay in that neighborhood, it would probably go to the commercial parking that
is due west and I don't know what structures are going to be there, but that's going to
include people trying to cross Black Cat, if they are going to use crosswalks or not, if
there is going to be an adequate crosswalk. And, then, there is -- I think it's Waverton
Road that is just north and west that runs off of Black Cat -- runs westbound off of Black
Cat and that area would be the most logical place for overflow parking. Being a person
that's been in enough restaurants and everything else, I would not want to park in
somebody's residential area. Wouldn't want to park in a lot of this overflow parking. I
would drive down the extra 50, 75 yards, turn left on Waverton and that street does not
-- that leads to both sides of Fairbourne. So, that would be every place that I would
park and, then, walk my family. Me personally I like crosswalks. I don't like to get run
over. But I could see people running across that back and forth with no pedestrian
control or safety. While I can appreciate what they are looking as already shrinking the
square footage, this region is very difficult to get around in parking and I have noticed
that. I come from a different area. The angles to turn into the parking lots is awkward.
The amount of the width of the entrances and exits can be awkward and the connection
between one parking lot to another. There is a lot of stores that you will go to -- well, I
will go to that store that's, you know, another strip mall, but separated by 20 feet and
you can't get to it, you have to drive out and, then, drive into their parking lot. I -- I fully
agree with Mr. Cavener that parking is a huge thing to look at and how it will adversely
affect the community. Also, if people get frustrated with parking -- yeah, we would like
to take you there. It's not worth going to. Then those businesses suffer because people
aren't willing to -- why go there, it's too difficult, it's too frustrating. And I can guarantee
you Spurwing due north and Fairbourne have more than their fair share of go karts -- or
not go karts, golf carts and side by sides that are going everywhere in between. So,
while this community might have the CC&Rs to prevent that from occurring, Spurwing is
a huge development. Fairbourne is a pretty good size development. They would come
into it. So, definitely take a look at the west part of this west of Black Cat. I think that
will really change the dynamic.
Simison: Thank you.
Barlow: That's it.
Simison: Council, any questions?
Strader: Mr. Mayor, just a comment.
Simison: Council Woman Strader.
Meridian City Council
January 17,2023
Page 17 of 19
Strader: Because it's a DA vacation, I think the tricky thing is it's not like we are
approving a new development, so if we didn't approve this we would end up with the
previous concept plan, which was underparked.
Barlow: And I fully understand that. I just --
Strader: Yeah.
Barlow: -- because that -- the comments kept coming up, parking maybe somewhere
down in the future that is more of a focus, and while you were quite polite and politic
about it, the original parking here should have never existed. That drawing where you
have to back up to get out on commercial property, that -- that should be a key
component of any development that you are looking at where the trash is, where the
recycle -- you know, besides the fire department with their water stands and everything
else, how do people actually go through it and if -- parking is huge.
Strader: Thank you, sir. Appreciate it.
Barlow: Thank you.
Simison: Thank you. Is there anybody else that would like to provide testimony on this
item? Then would the applicant like to make any final comments?
Riggs: Mayor and Council Members, my name is Matthew Riggs. I'm at 529 West
Fordham in Eagle. Not sure if I'm supposed to say that. But, you know, relative to your
question, Councilman, about the spaces per thousand square feet, we typically see that
-- that retail users, restaurant users, want between five and seven spaces per thousand
feet. So, I think this is at 6,000 -- or six per thousand, which is what we studied in
saying, okay, is 42 spaces on this lot enough to attract the tenants that are going to be
here and in our experience, albeit, you know, relatively limited and not in this, you know,
part of town, we have seen that six per thousand is adequate for what these users are --
are needing in order to be interested in the space. I think that any -- you know, any
restaurant user is going to first, you know, look at location and design and then -- and,
then, see what their patrons are going to do relative to access and parking and -- and
that's why we landed on saying let's reduce this -- actually improve the spaces per
thousand feet that we are going to be providing and -- and -- and make it accommodate,
you know, the neighborhood services that we talked about a couple of years ago at
length when we were here. So, you know, I think that's really the -- the quantitative look
at this is, hey, can we get to five per thousand for this retail and, oh, we got to six per
thousand. This -- this feels good. Now, to your point, I -- I think that if you have a major
hit of a restaurant, which is a focal point of our -- of our discussion, but, you know, we
don't have a -- a restaurant user in tow right now that is signing up for this. So I think
that the -- the idea of a restaurant here is probably a pretty good one and I think we will
get interest there. But most of these restaurants want to see, you know, a building
that's in place and -- and moving forward before really -- really jumping into it. So, that's
one side of it. You know, Greg and Ryan touched a bit on the overflow parking to the
Meridian City Council
January 17,2023
Page 18 of 19
north there. It's not -- it's not depicted in -- in this diagram, but we have over 25 or 30
spaces that are dedicated to the pop-up area and the vertically integrated and we really
envision that vertically integrated being, you know, an office type of use, which is, you
know, in our minds probably not a peak hour versus the restaurant. If we were to have
one here we -- we would see that a -- that a restaurant overflow could go into the
spaces that -- you know, their peak hours are after 5:00 p.m. when most offices -- you
know, most people leave for the night. So, that was kind of how we studied it. And,
then, we did -- you know, we really stressed this -- this neighborhood inner -- inner --
interconnection and -- and Greg mentioned it, as did others. We have -- we have
actually had somebody from -- I think it was Spurwing stop by in a golf cart at one point
and -- and our property manager on site, you know, did mention, hey, we really -- you
know, we really don't allow golf carts here. We don't want to be put, you know, at -- you
know, in -- in liability relative to folks, you know, driving across -- whatever it is. Tree
Crest I think on the north there to get to our spot. So, you know, we focused on -- are
we adequately parked for vehicles? Yes. I think there is some opportunity on the north
side of -- of the building that we proposed to add some -- you know, some bike parking
and maybe some other, you know, vehicle parking if -- if -- if that's what we think we --
we should do. But I think overall we have -- we have studied this pretty carefully and in
our experience, you know, we will get interest from users at these parking levels and we
would not be in here today, you know, trying to get something approved that in our -- in
our minds would be underparked, because we wouldn't find that the business is there to
do it. So, just wanted to add -- you know, add that to the testimony and -- and, you
know, here for any questions.
Simison: Question for you. Are -- are these private roads or public roads?
Riggs: They are private roads.
Simison: All the way through?
Riggs: Yes, sir.
Simison: Okay. Thanks.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: I don't think we have anymore testimony before us, so I would move we close
the public hearing on H-2022-0083.
Cavener: Second.
Simison: I have a motion and a second to close public hearing. Is there any
discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it
and the public hearing is closed.
Meridian City Council
January 17,2023
Page 19 of 19
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Hoaglun: Well, Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: And good discussion on this project and I think some good questions and
overall, you know, nearly 2,000 square feet increase in commercial use of the facility.
We also have about -- almost an over 40 percent increase in -- in parking stalls. Yes, I
think Councilman Cavener is correct, you know, whenever you have a popular
restaurant there is definitely conflict there. It -- it happens and it's something that we
probably should take a look at when we -- we look at our uses and how much parking
we require, but that's -- that's on us. So, I think overall this is a good change for -- for
that location and I think it's going to be successful with what they are planning to do on it
that way. So, Mr. Mayor, I would move that we approve H-2022-0083, after considering
all staff, applicant, and public testimony, as presented in the staff report modifying
provision 5.1.H for the hearing date of January 17th, 2023.
Cavener: Second.
Simison: I have a motion and a second to approve Item H-2022-0083. Is there
discussion? If not, Clerk will call the roll.
Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, absent; Strader, yea;
Overton, yea.
Simison: All ayes. Motion carries and the item is agreed to. Congratulations and have
a good night.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
FUTURE MEETING TOPICS
Simison: Council, anything under future meeting topics? Or a motion to adjourn.
Hoaglun: Move to adjourn.
Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay?
The ayes have it. We are adjourned.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
_1 /_24 /_2023
MAYOR ROBERT E. SIMISON DATE APPROVED
ATTEST:
CHRIS JOHNSON - CITY CLERK
E IDIAN;---
AGENDA ITEM
Public Forum - Future Meeting Topics
The Public are invited to sign up in advance of the meeting at
www.meridiancity.org/forum to address elected officials regarding topics of
general interest or concern of public matters. Comments specific to an active
land use/development applications are not permitted during this time.
By law, no decisions can be made on topics presented at the Public
Forum. However, City Counicl may request the topic be added to a future
meeting agenda for further discussion or action. The Mayor may also direct
staff to provide followup assistance regarding the matter.
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC FORUM SIGN-IN SHEET
Date: January 17, 2023
Please sign in below if you wish to address the Mayor and City Council and
provide a brief description of your topic. Please observe the following rules of
the Public Forum:
• DO NOT:
o Discuss active applications or proposals pending before Planning
and Zoning or City Council
o Complain about city staff, individuals, business or private matters
• DO
o When it is your turn to speak, state your name and address first
o Observe a 3-minute time limit (you may be interrupted if your topic
is deemed inappropriate for this forum)
Name (please print) Brief Description of Discussion Topic
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Approve Minutes of the January 3, 2023 City Council Work Session
Meridian City Council Work Session
January 3,2023
Page 16 of 16
Borton: You were going to --
Simison: I was going to say it, but -- anyways. All right. Thank you, Renee and Steve.
White: Thank you. Appreciate it.
Simison: All right. We are here at the end. Do I have a motion?
Hoaglun: Mr. Mayor, move we adjourn.
Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes
have it. We are adjourned.
MOTION CARRIED: ALLAYES.
MEETING ADJOURNED AT 5:12 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR ROBERT E. SIMISON 1-17-2023
ATTEST:
CHRIS JOHNSON - CITY CLERK 1-17-2023
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Approve Minutes of the January 3, 2023 City Council Regular Meeting
Meridian City Council
January 3,2023
Page 66 of 66
Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes
have it. We are adjourned.
MOTION CARRIED: ALLAYES.
MEETING ADJOURNED AT 9:39 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR ROBERT E. SIMISON 1-17-2023
ATTEST:
CHRIS JOHNSON - CITY CLERK 1-17-2023
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Findings of Fact, Conclusions of Law for The Bridge at The Village at Meridian
(CR-2022-0007) by Meridian CenterCal, LLC, for Property Located at 3210 E. Longwing Ln.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW, E IDIAN=--
DECISION,AND ORDER
Date of Order: January 17, 2023
Case Nos.: CR-2022-0007 and H-2022-0069
Applicant: Meridian CenterCal, LLC
In the Matter of: City Council review of the Planning and Zoning Commission's denial of a
request for a conditional use permit (H-2022-0069) to exceed the maximum
building height allowed in the C-G zoning district.
Pursuant to testimony and evidence received regarding this matter at the public hearing before the
City Council of the City of Meridian ("City Council") on January 3, 2023, as to this matter, the City
Council enters the following findings of fact, conclusions of law, decision, and order.
A. Findings of Fact.
1. The facts pertaining to the Applicant's property, the Applicant's request, and the process are
set forth in the staff report for Case No. H-2022-0069 ("Staff Report"),which is attached
hereto and incorporated herein.
2. Pursuant to Unified Development Code ("UDC") section 11-213-3A and Table 11-2B-3, the
maximum building height in the C-G zoning district is 65 feet,but additional height may be
approved through the City's alternative compliance procedures, by adding additional open
space, or via a conditional use permit.
3. The Applicant proposes to construct a multi-story building ("Project") in the C-G zoning
district with an average elevation of 78 feet and a high point of 85 feet.
4. The Applicant is requesting a conditional use permit to exceed the maximum building height
delineated in the UDC.
5. The City of Meridian Planning and Zoning Commission ("Commission")held a public
hearing on October 20, 2022, concerning the Applicant's request for a conditional use
permit.
6. The Commission denied the Applicant's request for a conditional use permit because it was
unable to make a finding that the Project is compatible with other uses in the general
neighborhood and with the existing or intended character of the general vicinity.
7. The Commission adopted its findings of fact and conclusions of law on November 3, 2022.
8. The Applicant timely submitted a request for City Council review of the Commission's
decision pursuant to UDC section 11-5A-7, and the City Council conducted a de novo public
hearing for that purpose on January 3, 2023.
FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER
Case Nos.CR-2022-0007 and H-2022-0069 Page 1
9. Based on evidence and testimony received at said public hearing, the City Council finds that
the Applicant's request for a conditional use permit complies with the requirements set forth
in the UDC, including UDC section 11-513-6(E)(3), because the Project is compatible with
other uses in the general neighborhood and with the existing or intended character of the
general vicinity. Moreover, the Project will not adversely change the essential character of
the area.
B. Conclusions of law.
1. The City Council takes judicial notice of the UDC; the City of Meridian Comprehensive
Plan; and all current zoning maps.
2. The City Council takes judicial notice of the Local Land Use Planning Act ("LLUPA"),
codified at Chapter 65, Title 67, Idaho Code.
3. When considering a request for a conditional use permit, the City Council shall base its
decision on certain factors, including whether"the design, construction, operation and
maintenance [of the proposed project] will be compatible with other uses in the general
neighborhood and with the existing or intended character of the general vicinity and that
such use will not adversely change the essential character of the same area."UDC § 11-513-
6(E)(3).
C. Order. Pursuant to the above findings of fact and conclusions of law, the City Council hereby
approves the Applicant's request for a conditional use permit, subject to the conditions noted in
the Staff Report,because the Applicant has satisfied the requirements set forth in the UDC,
including, but not limited to, UDC section 11-5B-6(E)(3) concerning compatibility.
D. Final decision. Upon approval by majority vote, this is a final decision of the City Council.
E. Judicial review. Pursuant to Idaho Code section 67-652 1(1)(d), if this final decision concerns a
matter enumerated in Idaho Code section 67-6521(1)(a), an affected person aggrieved by this
final decision may, within twenty-eight (28) days after all remedies have been exhausted,
including requesting review by the City Council of the City of Meridian as provided by
UDC section 11-5A-7, seek judicial review of this final decision as provided by Chapter 52,
Title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not
admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of right to regulatory takings analysis. Pursuant to Idaho Code sections 67-652 1(1)(d)
and 67-8003, an owner of private property that is the subject of a final decision may submit a
written request with the Meridian City Clerk for a regulatory takings analysis.
G. Attachment: Staff Report.
FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER
Case Nos.CR-2022-0007 and H-2022-0069 Page 2
IT IS SO ORDERED by the City Council of the City of Meridian, Idaho, on this 17th day of
January 2023.
Robert E. Simison
Mayor
Attest:
Chris Johnson
City Clerk
FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER
Case Nos.CR-2022-0007 and H-2022-0069 Page 3
STAFF REPORT E COMMUNITY
N ---
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING October 20,2022
DATE: -
9i� r
TO: Planning&Zoning Commission
]MIU5 fly..
R P.
FROAM: Sonya Allen,Associate Planner KLEINE,
e�r
208-884-5533I L
t
— r
SUBJECT: H-2022-0069
Bridge at The Village at Meridian 6 ,
OCATION: 3210 E. Longwing Ln., in the SW 1/4 of
Section 4,T.3N.,R.IE. (Parcel =
#R1343720701)
a
I. PROJECT DESCRIPTION
Conditional Use Permit to exceed the maximum building height listed in UDC 11-2B-3A.3 of 65 feet
for the C-G zoning district to allow an average elevation of 78 feet(85 feet to the highest point of the
structures).
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 14.24 acres
Future Land Use Designation Mixed Use—Regional(MU-R)
Existing Land Use Vacant/undeveloped land
Proposed Land Use(s) Vertically integrated residential project
Current Zoning General Retail and Service Commercial District(C-G)
Physical Features(waterways, NA
hazards,flood plain,hillside)
Neighborhood meeting date 5/26/22
History(previous approvals) AZ-07-012,MDA-11-002(11 amendment to DA Inst.
#111052692);MDA-11-012(2'amendment to DA
#112025435)
Page 1
III. APPLICANT/OWNER INFORMATION
A. Applicant:
Lance Blackwood,Meridian CenterCal, LLC— 1600 E. Franklin Ave.,El Segundo, CA 84009
B. Owner:
Meridian CenterCal,LLC— 1600 E. Franklin Ave., El Segundo, CA 84009
C. Representative:
Tamara Thompson, The Land Group, Inc. —462 E. Shore Dr., Ste. 100,Eagle,ID 83616
IV. NOTICING
Planning& Zoning Commission
Posting Date
Notification published in
newspaper
10/5/2022
Notification mailed to property
owners within 300 feet 9/29/2022
Applicant posted public hearing
notice on site 10/9/2022
Nextdoor posting 9/30/2022
V. COMPREHENSIVE PLAN ANALYSIS
This property is designated Mixed Use—Regional(MU-R) on the Future Land Use Map(FLUM)
contained in the Comprehensive Plan.
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 be 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).
This site is part of a much larger mixed-use designated area that contains a wide variety and mix of
uses as desired in MU-R designated areas. The Applicant plans to develop this site as a vertically
integrated residential project,which is a desired use in the MU-R designation. The proposed use is
listed as a principal permitted use in the C-G zoning district in UDC Table 11-2B-2, subject to the
specific use standards listed in UDC 11-4-3-41.
VI. UNIFIED DEVELOPMENT CODE ANALYSIS
A Conditional Use Permit is requested to exceed the maximum building height listed in UDC 11-2B-
3A.3 of 65 feet for the C-G zoning district to allow an average elevation of 78 feet(85 feet to the
highest point of the structures). See application narrative for more information.
The project includes two(2)buildings with a connector bridge spanning over E. Longwing Lane for a
vertically integrated residential project. The project will include 549 apartment units over ground
floor retail and restaurant uses. The south building will include a 733-stall parking garage.
Compliance with the standards listed in UDC 11-4-3-41 —Vertically Integrated Residential Project, in
Page 2
effect at the time of application submittal,is required.Note:A UDC amendment is currently in
process to amend the specific use standards for vertically integrated residential projects (see ZOA-
2022-001 for more information).
The Fire Dept. has submitted comments on this application,included in Section IX.0 below. A
summary of their report is as follows:
"This project can be serviced by the Meridian Fire Dept., but with the concentration and
distribution of existing resources, we are unable to maintain an acceptable response time. A
FARS system will be required for the structures per Appendix L of the 2018 IFC and City Code.
Both structures shall be required to have radio testing done. The Fire Dept. recommends AED's
throughout the buildings as access to the upper floors and pool area will be delayed."
VII. DECISION
A. Staff:
Staff recommends approval of the conditional use permit with the conditions noted in Section IX
below.
Page 3
VIII. EXHIBITS
A. Site Plan
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Page 8
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Future development of this site shall comply with the previous conditions of approval and
terms of the existing Development Agreement and the conditions contained herein [AZ-07-
012;MDA-11-002 (1st amendment to DA Inst. #111052692); MDA-11-012 (2"amendment
to DA#112025435).
2. No occupancy uses shall be permitted above the 74'5"level(i.e.rooftop gardens, etc.)per
requirement of the Fire Department.
3. The proposed structures shall not exceed an average elevation of 78 feet(85 feet measured to
the highest point of the structures).
4. Compliance with the standards listed in UDC 11-4-3-41 — Vertically Integrated Residential
Project,in effect at the time of application submittal,is required.
5. A Certificate of Zoning Compliance and Design Review application shall be submitted and
approved for the proposed use prior to submittal of a building permit application. The design
of the site and structures shall comply with the standards listed in UDC 11-3A-19; the design
standards listed in the Architectural Standards Manual and with the Development Agreement.
6. The conditional use permit is valid for a maximum period of two (2) years unless otherwise
approved by the City. During this time, the Applicant shall commence the use as permitted in
accord with the conditions of approval, satisfy the requirements set forth in the conditions of
approval, and acquire building permits and commence construction of permanent footings or
structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested
as set forth in UDC 11-5B-6F.
B. PUBLIC WORKS
Site Specific Conditions of Approval
1. There is existing water and sewer mains running through the southern building.No
permanent structures (trees,bushes,buildings, carports,trash receptacle walls, fences,
infiltration trenches, light poles,etc.) are to be built within the utility easement. Sewer/Water
must be rerouted or the plans redesigned to meet City easement requirements Any deviation
from City standards will will require a waiver of easement requirements by City Engineer.
2. Ensure no sewer services pass through infiltration trenches.
3. Sewer capacity is available for the 549 units
General Conditions of Approval
4. 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.
5. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
Page 9
6. The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility, or 30-feet wide for two. Submit an executed easement(on the form
available from Public Works), a legal description prepared by an Idaho Licensed Professional
Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an
81/2"x I I"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits
must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD.
7. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(UDC 11-3B-6). The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available, a single-
point connection to the culinary water system shall be required. If a single-point connection is
utilized,the developer will be responsible for the payment of assessments for the common
areas prior to prior to receiving development plan approval.
8. Any structures that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
9. 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.
10. 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.
11. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
12. All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
13. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process,prior to the issuance of a plan
approval letter.
14. It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
15. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
16. Developer shall coordinate mailbox locations with the Meridian Post Office.
17. 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.
18. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have been
installed in accordance with the approved design plans. This certification will be required
before a certificate of occupancy is issued for any structures within the project.
Page 10
19. At the completion of the project,the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
20. A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A
copy of the standards can be found at
http://www.meridianciiy.org/public_works.aspx?id=272.
21. 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. MERIDIAN FIRE DEPARTMENT
https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=272938&dbid=0&repo=MeridianC
Lty
D. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridianciU.org/WebLink/DocView.aspx?id=276587&dbid=0&repo=MeridianC
hty
E. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=2 7712 7&dbid=0&repo=MeridianC
ity
F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=2 75048&dbid=0&r0o=MeridianC
hty
X. FINDINGS
Conditional Use(UDC 11-513-6)
Findings: The commission shall base its determination on the conditional use permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional and
development regulations in the district in which the use is located.
Staff finds the site is large enough to accommodate the proposed use if the increase in building
height request is approved.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord
with the requirements of this title.
Staff ,finds the proposed vertically integrated residential project with an increased maximum
building height will be harmonious with the Comprehensive Plan and is consistent with
applicable UDC standards with the conditions noted in Section IX of this report.
Page 11
3. That the design,construction, operation and maintenance will be compatible with other uses in
the general neighborhood and with the existing or intended character of the general vicinity and
that such use will not adversely change the essential character of the same area.
Stafffinds although the building heights will be taller than others in this area, the design,
construction, operation and maintenance of the proposed use will be compatible with other uses
in the general neighborhood, with the existing and intended character of the vicinity and will not
adversely change the essential character of the area.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
Staff ,finds the proposed use will not adversely affect other properties in the vicinity if it complies
with the conditions in Section IX of this report.
5. That the proposed use will be served adequately by essential public facilities and services such as
highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal,
water, and sewer.
Stafffinds the proposed use will be served by essential public facilities and services as required.
6. That the proposed use will not create excessive additional costs for public facilities and services
and will not be detrimental to the economic welfare of the community.
Staff ,finds the proposed use will not create additional costs for public facilities and services and
will not be detrimental to the economic welfare of the community.
7. That the proposed use will not involve activities or processes,materials, equipment and
conditions of operation that will be detrimental to any persons,property or the general welfare by
reason of excessive production of traffic,noise, smoke, fumes, glare or odors.
Stafffinds the proposed use will not be detrimental to any persons,property or the general
welfare by the reasons noted above.
8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or
historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
Staff ,finds the proposed use will not result in the destruction, loss or damage of any such features.
9. Additional findings for the alteration or extension of a nonconforming use:
a. That the proposed nonconforming use does not encourage or set a precedent for additional
nonconforming uses within the area; and,
This finding is not applicable.
b. That the proposed nonconforming use is developed to a similar or greater level of conformity
with the development standards as set forth in this title as compared to the level of
development of the surrounding properties.
This finding is not applicable.
Page 12
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Findings of Fact, Conclusions of Law for Sessions Parkway (H-2022-0046) by
KM Engineering, LLP. located at 2700 N. Eagle Rd.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAN
AND DECISION& ORDER
In the Matter of the Request for Modification to the Existing Development Agreement(DA)(Inst.
#2017-0121321,Re-recorded as Inst.#2022-065403)to Remove the Commercial Portion of the
Property from the Agreement and Enter into a New Development Agreement for the Proposed
Project with an Updated Conceptual Development Plan; and Preliminary Plat Consisting of Five
(5)Building Lots on 5.32-Acres of Land in the C-G Zoning District with a Request for City Council
Approval of a Right-In/Right-Out Driveway Access via N.Eagle Rd./SH-55,by KM Engineering,
LLP.
Case No(s).H-2022-0046
For the City Council Hearing Dates of. December 13, 2022 and January 3, 2023 (Findings on
January 17,2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of January 3, 2023, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of January 3, 2023, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 3,2023,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of January 3,2023,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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR SESSIONS PARKWAY-MDA,PP H-2022-0046 - 1 -
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 January 3,2023, 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 a modification to the existing Development Agreement and
Preliminary Plat is hereby approved per the provisions in the Staff Report for the hearing date
of January 3,2023, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years.Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 11-
613-7C).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR SESSIONS PARKWAY-MDA,PP H-2022-0046 -2-
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of January 3, 2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR SESSIONS PARKWAY-MDA,PP H-2022-0046 -3-
17th
By action of the City Council at its regular meeting held on the day of January
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 1-17-203
Attest:
Chris Johnson 1-17-2023
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
1-17-2023
By: Dated:
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR SESSIONS PARKWAY-MDA,PP H-2022-0046 -4-
EXHIBIT A
STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0
HEARING January 3,2023 Wegend
DATE: (Continued from December 13, 2022 f
J J I5 Proiec!Lacs for :. 1 0
MUM I
TO: Mayor&City Council - -
HP-
FROM: Sonya Allen,Associate Planner - -'
208-884-5533
SUBJECT: H-2022-0046
Sessions Parkway—MDA,PP -
LOCATION: 2700 N. Eagle Rd.,in the NW 1/4 of
Section 4,T.3N.,R.1 E. ,
Parcel#S 1104233650 { �'
I. PROJECT DESCRIPTION
Modification to the existing Development Agreement(DA) (Inst. #2017-0121321,re-recorded as
Inst. #2022-065403)to remove the commercial portion of the property from the agreement and enter
into a new DA for the proposed project with an updated conceptual development plan; and
Preliminary Plat consisting of five(5)building lots on 5.32 acres of land in the C-G zoning district
with a request for City Council approval of a right-in/right-out driveway access via N. Eagle Rd./SH-
55.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 5.32
Existing/Proposed Zoning C-G(General Retail and Service Commercial)
Future Land Use Designation Mixed Use—Regional(MU-R)
Existing Land Use(s) Vacant/undeveloped land
Proposed Land Use(s) Commercial pads with a fuel sales facility
Lots(#and type;bldg./common) 5 building/0 common
Phasing Plan(#of phases) None(to be constructed in one phase)
Number of Residential Units(type 0
of units)
Physical Features(waterways, The Finch Lateral runs along the southern boundary of the
hazards,flood plain,hillside) site within an 80'wide easement(40' from centerline each
side)as depicted on the plat.
Neighborhood meeting date: 3/23/22
Pagel
Description Details Page
History(previous approvals) AZ-03-021;AZ-15-012;MDA-15-011;DA Inst.#2022-
065403;A-2020-0115 (PBA ROS#12423)
B. Community Metrics
Description Details Page
Ada County Highway
District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no
West Ada School District No comment have been received.
Police Department No comment have been received.
Fire Department No comments have been received.
C. Project Area Maps
Future Land Use Map Aerial Map
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A. Applicant:
Stephanie Hopkins,KM Engineering, LLP—5725 N. Discovery Way, Boise, ID 83713
B. Owners:
Meridian Investments, LLC—74 E 500 S, Ste. 200,Bountiful,UT 84010-0000
C. Representative:
Same as Applicant
III. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Notification published in
9/21/2022 11/27/2022
newspaper
Notification mailed to property
owners within 300 feet 9/15/2022 11/13/2022
Applicant posted public hearing
notice on site 9/21/2022 12/2/2022; 12/19/2022
Nextdoor posting 9/15/2022 11/28/2022
IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan)
Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this
property, and many of the surrounding properties in this vicinity along the Eagle Road corridor, as
Mixed Use—Regional(MU-R). The purpose of this 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 be anchored by uses that have a regional draw with the appropriate supporting
uses.For example, an employment center should have supporting retail uses; a retail center should
Page 3
have supporting residential uses as well as supportive neighborhood and community services. The
standards for the MU-R designation provide an incentive for larger public and quasi-public uses
where they provide a meaningful and appropriate mix to the development. The developments are
encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D of the
Comprehensive Plan as shown below.
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The applicant has submitted two (2)conceptual development plans. The first proposed conceptual
development plan depicts five(5)commercial building pads, including one for a fuel sales facility
and one for a drive-through establishment,totaling 32,625 square feet(s.f)of building area. The
second conceptual plan also depicts the fuel sales facility and drive-through, eliminates the three
commercial pad sites in favor of a 51,670,4-story hotel. The applicant desires to have two concept
plans attached to the new development agreement to allow for greater flexibility. Additional uses may
develop on the site as allowed by UDC Table 11-2B-2 in the C-G district.Multi-family residential
uses(i.e. Village Apartments A-2021-0231)by the same developer have been approved and are in the
development process on the parcel directly to the east.
Vehicle interconnectivity is proposed between the commercial and residential uses to the east at the
north and south boundaries of the site. Safe pedestrian access should also be provided between the
commercial uses within the site and to the future residential uses.
The proposed development should provide a variety of commercial and retail uses in close proximity
to residential uses. Kleiner City Park exists within a 1/4 mile of this site to the southeast,which is
considered a Civic use. The site is located along N. Eagle Rd./SH-55 within 3/4 of a mile of a major
arterial intersection at E.Fairview Ave. and N. Eagle Rd.Although not anchored by uses that have a
regional draw,the existing and proposed uses contribute to the variety of uses within this overall MU-
R designated area as desired and should provide services to nearby residents.
Originally, staff raised concerns that the proposed commercial development was not integrated
with the future residential development to the east,nor was there a common usable gathering
Page 4
area with a plaza or green space as desired in mixed use designated areas.Further,the rear of
the fuel facility/convenience store faces the backage road and the rear of Buildings C,D and E
face the residential development which creates a wall effect. This concern is less relevant with
the second concept plan because the building placement is farther from the shared property
line.Both plans have been updated to include some form of open space as desired by the Plan
and the applicant has provided pedestrian circulation plans to demonstrate pedestrian
movements between the commercial and future multi-family development to the east,which
more closely aligns with the development guidelines in the Comprehensive Plan for Mixed Use
and MU-R designated areas as noted below.However,with concept plan 1,labeled as EX1.0,
some or all of the buildings along the eastern boundary should be rotated and/or relocated and
a shared plaza area/green space added to a more central location within the development for
better integration,including a central pathway connection to the open space and front pad sites.
If the site develops consistent with concept plan 2,staff recommends that the applicant
construct a 5-foot sidewalk on the east boundary and provide a decorative crosswalk across the
drive aisle of the multi-family portion of the development to enhance pedestrian connectivity.
In reviewing development applications,the following items will be considered in all Mixed-Use
areas: (Staff's comments 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 larger overall mixed-use designated area includes a mix of residential, commercial,
office and civic uses. This project may only include commercial(i.e. retail, restaurant, etc)
and residential uses (Village Apartments) as proposed, which may be adequate because it's a
smaller site.
• Where appropriate,higher density and/or multifamily 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-69.
Multi family residential uses (i.e. Village Apartments) were approved on the parcel directly
to the east, which provide housing options for the commercial and employment uses along the
Eagle Road/SH-55 corridor.
• 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 new conceptual development plan is proposed to replace the existing plan in the
development agreement approved with the annexation.
• 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 proposed conceptual development plan does include common usable area but it is not
central to the development and is located along the southern drive aisle.
• The site plan should depict a transitional use and/or landscaped buffering between
commercial and existing low-or medium-density residential development.
No low-or medium-density residential uses abut this site; however, a minimum 25 foot wide
buffer, landscaped per the standards in UDC 11-3B-9C, is required along the eastern
boundary of the site in the C-G district adjacent to future residential uses.
Page 5
• Community-serving facilities such as hospitals, clinics,churches, schools,parks, daycares,
civic buildings, or public safety facilities are expected in larger mixed-use developments.
No community-servingfacilities are proposed with this development; however, these uses do
exist within a fairly close proximity to the site and this is a smaller development.
• 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.
Open space and plaza areas have been added to both concept plans.
• 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.
Specific details for the integrated plaza areas have not been provided The applicant should
provide an exhibit that demonstrates compliance with this goal.
• All mixed-use projects should be accessible to adjacent neighborhoods by both vehicles and
pedestrians. Pedestrian circulation should be convenient and interconnect different land use
types. Vehicle connectivity should not rely on arterial streets for neighborhood access.
The proposed development is accessible to the adjacent future residential development to the
east(i.e. Village Apartments) by vehicle via two (2)driveways, one at north end and one at
the south end of the site. Separate pedestrian walkways should also be provided for
pedestrian safety that provides a connection to the multi-use pathway along Eagle Rd. and
between buildings within the commercial development. The applicant has provided an
exhibit that demonstrates how pedestrian movements are achieved through the
development. Staff recommends additional pedestrian connections as noted above.
• A mixed-use project should serve as a public transit location for future park-and-ride lots,bus
stops, shuttle bus stops and/or other innovative or alternative modes of transportation.
Public transit isn't available in this vicinity.
• Alleys and roadways should be used to transition from dissimilar land uses, and between
residential densities and housing types.
The three (3) eastern building pads back up to a drive aisle with a row of parking on either
side associated with the multi family development.
• Because of the parcel configuration within Old Town, development is not subject to the
Mixed-Use standards listed herein.
This guideline is not applicable as the property is not in Old Town.
In reviewing development applications,the following items will be considered in MU-R areas:
• Development should generally comply with the general guidelines for development in all
Mixed-Use areas.
See analysis above.
• Residential uses should comprise a minimum of 10%of the development area at gross
densities ranging from 6 to 40 units/acre.
Page 6
Between this site and the adjacent site to the east being developed by the same developer,
residential uses exceed 10%of the development area at a gross overall density of 20.12
units/acre.
• There is neither a minimum nor maximum imposed on non-retail commercial uses such as
office, clean industry, or entertainment uses.
The Applicant is unsure at this point what commercial uses will develop on this site other
than a fuel sales facility and convenience store and a drive-through establishment.
• Retail commercial uses should comprise a maximum of 50%of the development area.
To ensure retail commercial uses don't exceed 50% of the development area and for a
transition in uses,Staff recommends the concept plan is revised to depict non-retail
commercial, office and/or civic uses for a minimum of 50% of the development area
between the residential and retail commercial uses. The plans have not been updated to
reflect this request however, the second concept plan does depict a hotel site which could
limit the amount of retail that could develop on the site. The new DA should restrict the
amount of retail on this site unless Commission and Council find this development
shouldn't be further restricted because this property is part of a larger MU-R designated
area.
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.
No public or quasi public uses are proposed with this development. If the concept plan is
revised to include such uses, the developer may be eligible for additional area for retail
development(beyond the allowed 50016).
Sample uses,appropriate in MU-R areas,include: All MU-N and MU-C categories,
entertainment uses,major employment centers, clean industry, and other appropriate
regional-serving most uses. Sample zoning include: R-15,R-40,TN-C, C-G, and M-E. The
proposed commercial/retail/restaurant and fuel sales facility uses are allowed uses in the
existing C-G zone, although they are not "regional serving"uses.
Page 7
The following Comprehensive Plan Policies are also applicable to this development: (Staffs
analysis in italics)
• "Permit new development only where it can be adequately served by critical public facilities
and urban services at the time of final approval, and in accord with any adopted levels of
service for public facilities and services."(3.03.03F)
City water and sewer service is available and can be extended by the developer with
development in accord with UDC 11-3A-21. Urban services are available to be provided
upon development.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed commercial uses should be compatible with adjacent commercial uses to the
north and south; and with the future multi family residential uses to the east if non-retail,
office and/or civic uses are provided as a buffer and transition in uses as recommended.
• "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 commercial uses and fuel sales facility should provide nearby services and
employment options to the residents of the adjacent multi family developments, reducing
vehicle trips on area roadways.
V. UNIFIED DEVELOPMENT CODE ANALYSIS UD
A. Development Agreement Modification(MDA):
The Applicant proposes a modification to the existing Development Agreement(DA) for Village
Apartments(AZ-15-012;MDA-15-011—DA Inst. #2022-065403)to remove the commercial
portion of the property, consisting of 5.32 acres of land, from the agreement and enter into a new
DA for the proposed project with two(2)updated conceptual development plans.
The existing conceptual development plan depicts three(3)retail/commercial building pads along
the frontage of N. Eagle Road,two(2)of which are drive-through establishments,and one(1)
larger retail building east of the building pads fronting on Eagle Rd. totaling 28,500 square feet
(s.f.). A driveway is depicted at the northeast corner of the site for vehicular connectivity with the
residential development to the east.A driveway is not depicted to the property to the south (fka
Great Wall)because when that property developed, access was not required to be provided to this
property because of the Finch Lateral, a large irrigation facility that separates the two properties.
The properties to the south of the Finch Lateral were to have a backage road along their east
boundaries for access via E. River Valley St.
Since that time,this developer and the property owner to the south have been working together to
construct a backage road between the two properties along Eagle Rd. and the Finch Lateral has
been piped. A new access via Eagle Rd./SH-55 is proposed with this application,which will
replace the existing temporary access on the Great Wall/Copper Canary property,if approved by
the City and ITD. The temporary access was allowed to remain until such time as access became
available from the south via E. River Valley St. If non-residential uses develop on the property to
the south of the Copper Canary(fka Great Wall)property at 3280 E. River Valley St. as currently
entitled,the backage road will extend to E. River Valley St.; however,if residential uses develop
on that property, only an emergency access will be provided from the north to that property per
the development agreement(Copper Canary Inst. #2022-048293).
Page 8
As noted above,the applicant has submitted two (2)conceptual development plans. The first
proposed plan depicts five(5)building pads totaling 32,625 s.f. A fuel sales facility with a
convenience store is proposed on the northwest pad,a drive-through is proposed on the pad
directly to the south, and three(3)other pads are proposed along the east boundary of the site
adjacent to the future multi-family residential development to the east. The second plan still
depicts the fuel sales facility with convenience store and drive-through but in lieu of the three
other pads, a hotel is proposed. As noted above in Section IV, Staff recommends changes to
both concept plans for better integration between uses in accord with the mixed use and
MU-R guidelines in the Comprehensive Plan.
One driveway access is proposed at the north boundary which will serve as a backage road along
Eagle Rd. and will connect to the property to the south. Two(2) driveways to the east are
proposed for interconnectivity with the future residential development. Typically, Staff would
prefer the alignment of the backage road to be more linear and direct but the access points to the
north and south are not in alignment. The"jog"in the roadway will result in traffic calming and
reduced speeds,which is desired, especially if the access via Eagle Rd. is approved which will
intersect the backage road.
A cross-access easement(Inst. #2016-003980)exists with the property to the north for access via
Eagle Road for this property. A reciprocal cross-access easement should also be recorded
granting cross-access between the subject property and the abutting property to the south
(Parcel#51104233802); and the abutting property to the east(Parcel#51104233730).
Copies of the recorded agreements should be submitted to the Planning Division prior to
signature on the final plat by the City Engineer.
Staff has reviewed the provisions of the existing DA and finds provisions#5.If,which requires a
buffer to residential uses;#5.1g,which requires pedestrian connections to be provided between
the residential portion of the site and future commercial development; and#5.1h,which requires
traffic calming to be provided between the residential and commercial development, still apply to
development of the subject property. Therefore, Staff recommends these provisions are carried
over to the new DA along with new provisions as noted herein and in Section VIII.A.
B. Preliminary Plat(PP):
A Preliminary Plat is proposed consisting of five(5)building lots on 5.32 acres of land in the C-
G zoning district.As part of the plat,the Applicant requests City Council approval of an access
via N. Eagle Rd./SH-55, located on the abutting property to the south(Parcel#51104233802).
Consent has been granted from the abutting property owner for this request as part of this
application.
Existing Structures/Site Improvements:
There are no existing structures on this site; the previous structures have been removed.
Dimensional Standards:
Development of the proposed lots is required to comply with the dimensional standards of the C-
G zoning district in UDC Table 11-2B-3.
Subdivision Design and Improvement Standards(UDC 11-6C-3):
Development of the subdivision is required to comply with the subdivision design and
improvement standards listed in UDC 11-6C-3.
Access(UDC 11-3A-3)
There are two(2)existing accesses on this site associated with the previous residential use(s) and
one(1)temporary access on the abutting property to the south via N. Eagle Rd./SH-55 that are
Page 9
proposed to be removed and replaced with one(1)new right-in/right-out driveway access on the
abutting property to the south as depicted on the plans and as shown below.
Per UDC 11-3H-4,the use of existing approaches via the state highway are not allowed to
continue if the intensity of the use increases. With the change in use to commercial,the intensity
of the use will increase;therefore,the existing approaches are not allowed to remain and must be
abandoned and removed as proposed.New approaches directly accessing a state highway are only
allowed at the section line road and the half mile mark between section line roads,which does not
apply in this case. City Council may consider and approve modifications to the standards in
UDC 11-311-4 upon specific recommendation of the Idaho Transportation Department
(ITD) or if strict adherence is not feasible, as determined by City Council.
ITD issued a letter of acceptance of the revised traffic striping conceptual drawings, dated
November 13,2019, for SH-55/Eagle Rd. from River Valley St. to approximately 1,500 feet
north for the proposed right-in/right-out access via Eagle Rd. The letter states the drawings
address all of ITD's safety concerns but only acknowledges the acceptance of the conceptual plan
—final approval of the proposed access and associated improvements is determined once all
documentation has been provided and the permit is signed. Final approval of the access has not
yet been granted been ITD.
A Traffic Impact StudX(TIS)was submitted for the Village Apartments and Sessions Parkway
developments,prepared by Kittelson&Associates in 2021. The study finds a northbound right-
turn lane on Eagle Road into the site as proposed is warranted and should be constructed as
proposed.
A curb cut exists at the northern boundary of the site for access via Eagle Rd./SH-55 through an
existing vehicular&pedestrian cross-access easement(Inst. #2016-003980). A cross-
access/ingress-egress easement should be provided to the properties to the south and east
for interconnectivity and access.A recorded copy of said agreements should be submitted
prior to signature on the final plat by the City Engineer.
Page 10
PROPOSED
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Pathways(UDC 11-3A-8):
A multi-use pathway is depicted on the Pathways Master Plan and required by UDC 11-3H-4C 3
along N. Eagle Rd./SH-55. The pathway should be detached from the curb and constructed per
the standards listed in UDC 11-3A-8. If the pathway is located outside of the right-of-way,a
14-foot wide public pedestrian easement should be submitted to the Planning Division and
recorded prior to signature on the final plat by the City Engineer.Pedestrian lighting and
landscaping shall be installed along the pathway consistent with the Eagle Road Corridor
Study and comply with the specifications listed in UDC 11-3H-4C.3.
Two pedestrian plans have been submitted that depicts pedestrian walkways between the
building pads in the proposed commercial development and the future residential
development to the east,and to the commercial properties to the north and south,for safe
pedestrian access and interconnectivity. Connectivity is also be provided to the multi-use
pathway along Eagle Rd.Pedestrian walkways should be distinguished from the vehicular
driving surfaces through the use of pavers,colored or scored concrete,or bricks in accord
with UDC 11-3A-19B.4.As noted above in section IV,staff recommends additional pathway
connections to enhance connectivity within the proposed development.
Sidewalks(UDC 11-3A-1 :
In lieu of a detached sidewalk, a detached multi-use pathway is required to be constructed along
N. Eagle Rd./SH-55 in accord with the standards listed in UDC 11-3A-8 and the Pathways Master
Plan.
Page 11
Landscaping(UDC 11-3B1:
A minimum 35-foot wide street buffer is required along N. Eagle Rd./SH-55, an entryway
corridor, landscaped per the standards listed in UDC 11-3B-7C. The final plat should depict the
buffer in a common lot or on a permanent dedicated buffer easement,maintained by the
property owner,or business owner's association per UDC 11-3B-7C.2a.
A minimum 25-foot wide buffer is required by UDC Table I1-2B-3 in the C-G district along the
eastern boundary of the site adjacent to future residential uses, landscaped per the standards in
UDC 11-3B-9C. This buffer may be installed at the time of lot development. Landscape buffers
are required to facilitate safe pedestrian access between residential and commercial
development as set forth in UDC 11-3B-9C.3; the plan should be revised accordingly.
Storm Drainage:
An adequate storm drainage system is required in all developments in accord with the City's
adopted standards, specifications and ordinances. Design and construction is required to follow
Best Management Practices as adopted by the City. The Applicant submitted a Geotechnical
En ing eering,Evaluation for the proposed subdivision that was prepared in 2015 with the Village
Apartments application. Stormwater integration is required in accord with the standards listed in
UDC 11-3B-11 C.
Pressure Irrigation(UDC 11-3A-1�:
Underground pressurized irrigation water is required to be provided for each and every lot in the
subdivision as required in UDC 11-3A-15.
Utilities(UDC 11-3A-21):
Utilities are required to be provided to the subdivision as required in UDC 11-3A-21.
Waterways(UDC 11-3A- :
The Finch Lateral runs along the project's south boundary and has been piped in accord with
UDC 11-3A-6B. The lateral lies within an 80-foot wide easement—40' from centerline on each
side—structures should not encroach within this easement and trees should be placed outside of
the easement. This project is not within the flood plain.
Fencing(UDC 11-3A-6 and 11-3A-7)•
All fencing is required to comply with the standards listed in UDC 11-3A-7.
Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Conceptual building elevations were not submitted for the proposed commercial development.
All structures should comply with the design standards in the Architectural Standards
Manual.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed preliminary plat with the conditions noted in Section
VIII,per the Findings in Section IX; and approval of the development agreement modification
contingent upon revisions to the concept plan as discussed above and noted in Section VIII.
B. The Meridian Planning&Zoning Commission heard the PP on October 6 and November 17,
2022.At the public hearing on November 17,2022,the Commission moved to recommend
approval of the subject PP request.
1. Summary of Commission public hearing_
a. In favor: Stephanie Hopkins,KM Engineering
b. In opposition:None
C. Commenting. None
Page 12
d. Written testimony: Givens Pursley,Applicant's Representative
L. Staff presenting gpplication: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony
a. The Applicant requests removal of all four changes to the concept plan recommended by
staff in Section 8 of the Staff Report,A.1 a.
3. Key issue(s)of discussion by Commission:
a. None^
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandin issue(s)ssue(s) for City Council:
a. Request for City Council approval of a right-in/right-out access via N. Eagle Rd./SH-55.
b. The Applicant submitted revised conceptual development plans(2 options),included in
Section VII.B.
C. The Meridian Citv Council heard these items on December 13,2022 and January 3,2023.At the
public hearing on January 3',the Council moved to approve the subject MDA and PP reauests.
1. Summary of the City Council public hearing:
a. In favor: Stephanie Hopkins,KM Engineering: Derek Gasser:Walt Gasser:Jeff Bower.
Givens Pursley(Applicant's Representative)
b. In opposition: None
c. Commenting: Lauren Nuxoll.Kittleson&Assoc.
d. Written testimony: Jeff Bower, Givens Pursley(Applicant's Representative)
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. The Applicant requested removal of the first three conditions in Section VIII.A.Ia.
3. Key issue(s)of discussion by City Council:
a. Preference for one conceptual development plan rather than two—would like a more
defined idea of how the site is planned to develop:
b. Concern pertaining to the safety of the right-out access via SH-55 from the site and
possible conflicts with the deceleration lane for the right-in access to the north:
c. Desire for a larger(i.e. wider)area to be provided for the plaza area between the
commercial buildings along the eastern boundary:
4. City Council change(s)to Commission recommendation.
a. Modification to the conditions in Section VIII.A.Ia as noted: and
b. City Council approved the request for access via N. Eagle Rd./SH-55 contingent upon
approval from ITD.
Page 13
VII. EXHIBITS
A. Existing Development Agreement Provisions and Conceptual Development Plan
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1 Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Any existing domestic wells and/or septic systems within this project shall be
removed irorn their domestic service prior to development.
b. Development of this site shall be generally consistent with the overall site
plan,landscape plan and buildingelevations included in Exhibit A of the
Staff Report attached to the Findings of Fact attached hereto as Hxhibit
"C" and the conditions of approval included in Exhibit B of the Staff
Report attached to the Findings of Fact attached hereto as Exhibit"C"
c. The Milk Lateral which cusses the noiKlxmq corner of this site shall be
piped in accord with TJDC 11-3A-6A.
d. A 35-foot wide street buffer, is required to he constructed along N. Eagle
Road,an entryway corridor,with the second phase(commercial portion)of
development; and a 20-foot wide street buffer is.equired to be constructed
along N. Records Avenue,a collector street,with the firsf phase(residential
portion) of development and prior to issuance of the fi"l Certificate of
Occupancy for each phase.Landscaping is required to be installed within the
buffer in accord with the standards listed in UDC 11-3B-7C.
e, A 10-foot wide multiuse pathway is required to he constructed within the
street buffer along N. Eagle Road within a public use easement; pedestrian
lighting and landscaping is alsorequired to be installed as set forthinUDC 1I-
3hI-4C. These improvements are required to be constructed with the second
phase(commercial portion)of development and prior to issuance of the fir v
Certificate of Occupancy for that portion of the site.
f. Upon development of the retaillcornmercial portion of the property, a 25-foot
wide h►ffer is mouimd to he installed adiacent to the residential uses in
accord with the standards listed in UDC 11-3B-9C,unless otherwise modified
by City Council.
g. Pedestrian connections am required to be provided between the residential
portion of the site and die future commercial. development on the western
portion of this site and the residential developments to the north and south.
h. Traffic calming shall be provided within the site between the
residential and couvnercial development and in N. Records Avenue (as
allowed by ACI-1D).
Page 14
TA 0----
1HEu�ce�cna��
S 89'53'18" E 50.3-78 [
s
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l i ~I, ?�r - ---- I' VILLAGE
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Pad 2
= 14,000sf J —.
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1 OVERALL SITE PLAN EXHIBIT
�A1.0
UVEM-LWEEMBR
Page 15
B. Proposed Conceptual Development Plans(EX1.0 and EX2.0) AND Ped Access Plans (EX1.1 and
EX2.1) -REVISED
1
I
I Y
I I
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I
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ption #1 }�
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Option 1 includes expanded open space and a plaza area between the center and south building pads.
There will be seating and awnings included in this plaza,which will be detailed in a rendering submitted
for the Council hearing.
Page 16
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Option 2 includes an open space area at the NW corner of the hotel area(to the east of the drive aisle) and
will include a gazebo and seating, a couple of other seating areas and a pedestrian walkway on the east
have also been added.
Page 17
C. Proposed Preliminary Plat(date: June 2022)
PRELIMINARY PLAT SHOWING PPE MINARYP AT DATA
SESSIONS PARKWAY SUBDIVISION i
SITUATED IN THE SOUTHWESTI/4 OF THE NORTHWEST I/4 OF SECIT ON 4,TOWNSHIP 3
NORTH,RANGE 1 EAST,R.M.,CITY OF MERIDIAN,ADA COUNTY,IDAHO.
2022
Lo119LOC1(1 Lol l ALOCK I OOOE fe3 PAGE 13@}13®E
500TIfATMARRfTP1ACE 1415. I SONHEAST AIARRtlP1ACE SLIe
900E 101 PAGf 1 3 1 5113 15 5 xO0N 10]PACf]315313155 �__
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LLlOH6A FALLS 641B.H0.1? I l� � `
5oON 42 PAGE]095810950 � pg ��
SESSIONS PA W 116
MERI[11AN,IDAHD
� LOT 1&3 BLOG(1 � � IxE11MNAPYPNTLYfrER
Lm 1 eLocx 1 �x sufi�
aacxsue. emE 1 E 16511
EOOE 113 P0.GE 1650E-355f1
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Page 18
D. Landscape Plan(date: June 2022)
.11 A
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LANDSCAPE PLAN
Page 19
E. Access Exhibit
PROPOSED
VEHICLE ACCESS
TO COWERCIAL
pRNE AISLE
—}� PRIVATE URNE
� i—
m
O z
2
EXISTING � tJ
APPROACHES , -G R
TQ BE 2 m
AFANDONED g V
w
N 7
PROPOSED ! I BLOCK1
CONSOLCATED r
ACCESS _
ROUT TO r
EAGLE ROAD J ^—
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PRfVAI OR1Vf _
�
ROAD
ROAD TOO
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FORMER
EAISTING GREAT WALL
VEHICLE RESTAURANT
ACCEY A:o-- 11
EAGLE F_"
BE GL�:.E. JAL
KTN\VEHICLE ACCESS EXHIBIT
90 ISO 270
PN n Scale_T'=go,
Page 20
F. Legal Description&Exhibit Map for Property Subject to New Development Agreement
ENUh3"
IKE EIRINQ
h+kdy 14,2Q20
Project No-17-16&
Legat oestrlptlan
Parcel f3
A parcel of land situated in the southwest 1/4 of the N43rthwa�t 114 of Sittuorr 4,T4wrrshlp�Nbrlh.
Range 1 East,Boise Meridian,City of Meridian,Ada County,Idaho,and being mare particularly
described j�s bllows:
Commeneing at a found brass tap marking the Northwest corner of said Section 4,whicb bears
N0O"36'W E a d ista nce of�,611.31}feet tram a found b rats ea p ma rking the Vilest 1/4 co rner of sald
Section 4;
Thence following the westerly Ilne ofsald Northwest 1f4,SOO'36'00'W a distance of 13-95.13 feet
Thence leaving said wostedy line,W'51'36"E a distance of 74-41 feet to a found 5/8-inch rebar
marking the southwest corner of Southeast Corner Marketplace subdivi5iprl No. 1 and beinv khe POINT
OF BEGINNING.
Thence fallowing the southerly boundary line of said Southeast Corner Marlketplace 5ubdiwi5;ian rtv-T,
S89°51'35"E a distance of 4n.48 feet to a set 518•inch rebar,
Thence leaving said southerly subdivision boundary Ilne,5W-17'57'w a d1stence of 565.51)feet to a set
518-inch rebar on the northerly subdivision boundary fine of Bach 5ubdivi5i4n;
Thence following the northerly subdivislon boundary line the following two(21 caur5es;
1. NEr IV,91"w a distance of 151-�7 Feet to a fou nd aluminum cap;
2, 584•26'08"w a diStainre of 17-1a feet t4 8 found 5 f 8-inch mbar marking the northwest corner of
said Bach Subdivision;
Thence leaving saW portherFy subdivi5ian�qun4ary liter 5$4°26'0VVw a distance of 114-61 feet to a
found 5/9-inch rebar;
Thgrlre N53'04'0TW a distanee of 144-05 feet to a found 5{840 rehar on the easterly right-of-way
line of N.Eagle Road;
Thence foAowing said easterly right-of-way ling,Nr}{Y'36fJ0"'E a distance of 391.77 feet to the POIt47 OF
DEUINN IR145-
Said parcel contains 231,902 Sq.Ft.15.324 acres},more or less,and is subjiectto all existing easements
and{vr right5-af-way of record-
All subdivisions,deedsr record of surveysr and other instruments of record referenced herein are
recorded documents of the[burrty in which these described lands are situated in.
f 1, LA
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a 62 M
4233 West State Streal OWse,Ida 4 * 108,5n,6939 • kmeedllp-cam
Page 21
RECORD OF SURVEY
PROPERTY BOUNDARY ADJUSTMENT FOR ROS No.
G -Meridian Investments, C.
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Page 22
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. The subject property shall no longer be subject to the terms of the Development Agreement
(DA) (Inst. #2022-065403,MDA-15-012)for Village Apartments and shall instead be subject
to a new agreement. The new DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting approval of the
amendment. The specific provisions for the new DA are as follows:
a. Development of this site shall be generally consistent with the conceptual development
plans approved by City Council and the conditions of approval included in Section
VIII.A and include the following:
o
,4 of the
development area n Exhibit Ti Y1 0 concept plan optic„ 1 unless !"'e.....,issi
OF Couneil find this isn't applieable beeause this PFOpeFty is PaFt of a laFger-
MU R designated aFea. This doesn't apply if the ffopeFty develops with the
➢ Specific details for the integrated plaza/open areas shall be provided with the
first certificate of zoning compliance.The applicant can relocate open
space/plaza areas depicted on the plan with director approval once specific
tenants are known.
➢ On concept plan option 1,'abeled as EX44 , some or all of the buildings along
the eastern boundary sheer may be rotated and/or relocated and a shared
plaza area/green space added to a more central location within the development
for better integration,including a central pathway connection to the open space
and front pad sites.
➢ If the site develops consistent with concept plan option 2,labeled as EX4.n,the
applicant shall construct a 5-foot sidewalk on the east boundary and provide a
decorative crosswalk across the drive aisle of the multi-family portion of the
development(SWC of the Village Apartments)to enhance pedestrian
connectivity.
b. The subject property shall be subdivided prior to submittal of the first Certificate of
Zoning Compliance application for the site.
c. A 25-foot wide buffer shall be installed along the eastern boundary of the site adjacent to
the future residential uses, landscaped per the standards listed in UDC 11-3B-9C,unless
otherwise modified by City Council. Construction of the buffer may take place with lot
development.
d. Pedestrian connections shall be provided between the subject property and the future
residential development to the east,the commercial properties to the north and south and
to the multi-use pathway along N. Eagle Rd./SH-55 in accord with the approved
pedestrian plans.Pedestrian walkways should be distinguished from the vehicular driving
surfaces through the use of pavers, colored or scored concrete, or bricks in accord with
UDC 11-3A-19B.4.
e. Traffic calming shall be provided within the site between the subject property and the
residential development to the east.
Page 23
f. Provide trash enclosures within the development capable of housing containers for both
solid waste and recyclable materials in accord with MCC 4-1-4.
g. City Council approved the request for a right-in/right-out access via N. Eagle Rd./SH-55
contingent upon final approval from ITD in accord with UDC 11-311-3.
2. The final plat shall include the following:
a. Include the recorded instrument of the existing 30-foot wide City of Meridian sewer and
water main easement graphically depicted on the plat.
b. Depict the street buffer along N. Eagle Rd./SH-55 in a common lot or on a permanent
dedicated buffer easement,maintained by the property owner, or business owner's
association per UDC 11-313-7C.2a.
c. Include a note stating direct lot access via N. Eagle Rd./SH-55 is prohibited except for
the access approved with the plat.Note: The proposed access via Eagle Rd. is required to
be approved by City Council and ITD.
d. Include a note stating all lots in the subdivision are subject to a cross-access/ingress-
egress easement as graphically depicted on the plat.
e. Depict a 14-foot wide public pedestrian easement for the multi-use pathway along N.
Eagle Rd./SH-55 if the pathway is located outside of the right-of-way; include the
recorded instrument number of the easement.
3. The landscape plan depicted in Section VILD shall be revised with submittal of the final plat,
as follows:
a. Depict landscaping within the 25-foot wide buffer along the eastern boundary of the site
adjacent to residential uses in accord with the standards listed in UDC 11-3B-9C.1; and
safe pedestrian connections between commercial and residential uses as set forth in UDC
11-3B-9C.3. Construction of the buffer may take place with lot development.
b. Depict landscaping within the 35-foot wide street buffer along N. Eagle Rd./SH-55 in
accord with the updated standards listed in UDC 11-3B-7C.3; and pedestrian lighting and
landscaping consistent with the Eagle Road Corridor study per UDC 11-3H-4C.3.
4. A reciprocal cross-access/ingress-egress easement shall be recorded between the subject
property and the abutting property to the south(Parcel# S1104233802) in accord with UDC
11-3A-3A.2. A recorded copy of the agreement shall be submitted to the Planning Division
prior to signature on the final plat by the City Engineer.
5. A reciprocal cross-access/ingress-egress easement shall be recorded between the subject
property and the abutting property to the east(Parcel#S 1104233730)in accord with UDC
11-3A-3A.2. A recorded copy of the agreement shall be submitted to the Planning Division
prior to signature on the final plat by the City Engineer.
6. Submit details for the pedestrian lighting required along the multi-use pathway adjacent to N.
Eagle Rd./SH-55 that demonstrate compliance with the specifications set forth in UDC II-
3H-4C.3.
7. If the multi-use pathway along N. Eagle Rd./SH-55 is located outside of the right-of-way,
submit a 14-foot wide public pedestrian easement to the Planning Division for City Council
approval and recordation prior to the City Engineer's signature on the final plat.
8. Future development shall be consistent with the dimensional standards listed in UDC Table
11-2B-3 for the C-G zoning district.
Page 24
B. PUBLIC WORKS
Site Specific Conditions of Approval
1. Terminate water main with hydrant
2. Provide easement from end of water main to north property line for potential future
connection.
3. Additional 271 gpd flow committed to model. WRRF declining balance is 14.35 MGD.
4. Max Slope of 8" line is 8%.
5. Adjust manhole#1 so it is not located in the curb/gutter.
6. Ensure that the existing manhole is not located in a curb/gutter.
7. For sewer and water in parallel,if sewer depth is greater than 15 feet, locate the water main 5
feet from the edge of easement and center the sewer main between the water main and other
edge of easement.
8. Pedestrian decorative lighting will be required for sidewalk frontage along Eagle Road.
General Conditions of Approval
9. 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.
10. 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.
11. The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via
the plat,but rather dedicated outside the plat process using the City of Meridian's standard
forms. The easement shall be graphically depicted on the plat for reference purposes. Submit
an executed easement(on the form available from Public Works), a legal description
prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of
the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document. All easements must be submitted,reviewed, and approved prior to development
plan approval.
12. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C). The applicant should be required to use any existing
surface or well water for the primary source. If a surface or well source is not available, a
single-point connection to the culinary water system shall be required. If a single-point
connection is utilized,the developer will be responsible for the payment of assessments for
the common areas prior to prior to receiving development plan approval.
Page 25
13. 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.
14. 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.
15. 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.
16. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
17. Street signs are to be in place, sanitary sewer and water system shall be approved and
activated,road base approved by the Ada County Highway District and the Final Plat for this
subdivision shall be recorded,prior to applying for building permits.
18. 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.
19. 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.
20. 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.
21. 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.
22. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
23. Developer shall coordinate mailbox locations with the Meridian Post Office.
24. 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.
25. 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.
26. 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.
27. 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
Page 26
approved prior to the issuance of a certification of occupancy for any structures within the
project.
28. A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A
copy of the standards can be found at
http://www.meridiancioy.oMIpublic works.aspx?id=272.
29. The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125%of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,
which can be found on the Community Development Department website. Please contact
Land Development Service for more information at 887-2211.
30. 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. PARK'S DEPARTMENT
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=272579&dbid=0&repo=MeridianC
i &cr=1
D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=273745&dbid=0&repo=MeridianC
Lty
E. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancioy.orglWebLinkIDocView.aspx?id=272564&dbid=0&repo=MeridianC
Lty
IX. FINDINGS
A. Preliminary Plat:
In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the
decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat and subsequent development will be in substantial
compliance with the adopted Comprehensive Plan in regard to land use and transportation if
the Applicant complies with the provisions in the staff report. (Please see Comprehensive Plan
Policies in, Section IV of this report for more information)
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The City Council finds that public services will be provided to the subject property with
development. (See Exhibit B of the Staff Report for more details from public service providers)
Page 27
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at
their own cost, the City Council finds that the subdivision will not require the expenditure of
capital improvement funds.
4. There is public financial capability of supporting services for the proposed development;
The City Council finds there is public financial capability of supporting services for the
proposed development based upon comments from the public service providers (i.e., Police,
Fire, ACHD, ITD, etc). (See Section VIII for more information.)
5. The development will not be detrimental to the public health, safety or general welfare; and,
The City Council is not aware of any health,safety, or environmental problems associated with
the platting of this property. ACHD and ITD considers road safety issues in their analysis.
6. The development preserves significant natural, scenic or historic features.
The City Council is unaware of any significant natural, scenic or historic features that exist on
this site that require preserving.
Page 28
W IDIAN�
AGENDA ITEM
ITEM TOPIC: Cost Share Permit for Ada County Highway District Project 522029.001 -
Stoddard Road, Victory Rd. to Overland Rd.
C� f1E RIDIA4,
MEMO TO CITY COUNCIL
Agenda Topic on the City Council Agenda
From: Miranda Carson, Comprehensive Associate Coordination Planner Date: January 17, 2022
Topic: Community Development: Cost Share Permit Stoddard,Victory Rd to Overland Rd
ACHD is designing future improvements for Stoddard Road between Victory Road and Overland
Road. The purpose of this project is to improve walking and biking facilities to promote safe,
effective, and convenient travel for residents and visitors.
General Description:
• Widen sidewalks to a 10' multi-use pathway (MUP) on the west side of the roadway for
pedestrians and bicyclists from Victory to Kodiak; east side Victory to Kodiak and both sides
Kodiak to Overland will have on street bike lane
• Install enhanced pedestrian crossing north of the Ridebaugh canal and widen sidewalk to 10'
MUP from Ridenbaugh pathway to crossing for continuous pathway connection
• Widen sidewalk to 10' MUP on Kodiak from Stoddard to current MUP east of church parcel
for continuous pathway connection
• Reconstruct curb ramps at intersections to improve accessibility
• Closing sidewalk gap at Idaho Power Company Parcel
• Install enhanced pedestrian across Victory west of Stoddard intersection
• Install raised center medians where warranted to increase safety
Per standard coordination ACHD and City staff prepared a Cost Share Permit. Design, construction,
installation and perpetual maintenance of street light infrastructure and conduit for fiber (in the
same trench as lighting conduit) are the components included in the agreement.
The Stoddard Rd, Victory Rd to Overland Rd Cost Share Permit is attached for your review. After
coordination with staff in Planning, Public Works, and Legal my recommendation is approval of this
agreement.
PAGE 1
ADA COUNTY HIGHWAY DISTRICT
COST SHARE PERMIT
3775 Adams Street ACHD Contact Person:
ja Garden City, Idaho Supervisor—
83714 Development Review
'fe 0. Phone (208) 387-6280 Name: Dave Rader
CHD
Facsimile (208) 387- 3775 Adams Street
6289 Garden City Idaho 83714
Phone: (208) 387-6177
6 a t10 51r"V ? C�&
Date of Permit: ACHD Project No.: Permit No.: 001
522029.001
Capitalized terms that are not defined in this Permit shall have the meanings given to them in the
ACHD Cost Share Ordinance No. 215.
. PERMITTEE INFORMATION
This permit is granted to: Partnering Agency Contact
Person:
City of Meridian Miranda Carson
Phone: 208-489-0319
Email:mcarson meridiancit .or
IL ROAD PROJECT AND APPROVED NON-TRANSPORTATION COMPONENTS
Name/Location of ACHD Road Project:
South Meridian Improvements A: Stoddard Road, Victory Road to Overland Road
ACHD Project 522029.001 as depicted in the project plans attached hereto and incorporated herein as
Exhibit A.
Approved Non-Transportation Components:
Pursuant to this Permit, ACHD authorizes, and, as a condition of issuing this Permit, requires, the
following Non-Transportation Components:
1) Design, Construction, Installation and Perpetual Maintenance of(1) continuous street lighting along the
project limits, (2) a control cabinet at Grizzley and Stoddard for the southern portion of Stoddard to
Victory, (3) two (2) separate 2" two inch) conduit one for lighting and one for fiber in the same trench as
lighting and interconnect along the entire project limits and (4) junction boxes every 600 feet of the entire
project limits. The Parties acknowledge the City has an existing control cabinet at the intersection of
Overland and Stoddard that can be used for the first 1/4 mile of the Project and another existing control
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cabinet at the intersection of Kodiak and Stoddard that can be used for the next 1/4 mile of the Project.
ACHD authorizes and requires the design, construction, and perpetual maintenance of the additional light
poles, control cabinet and conduit within the right of way between Overland Road and Victory on Stoddard
Road.
In accordance with Ordinance 215, the foregoing light poles, control cabinet and conduit are referred to as
the "Non-Transportation Components."
lur
III. ACQUISITION OF RIGHT-OF-WAY OR REAL PROPERTY
Conditions of acquisition/contribution of right-of-way or real property by Partnering Agency and/or
reimbursement to ACHD by Partnering Agency for said acquisition:
None. ACHD has already acquired or is in the process of acquiring the right-of-way necessary to
incorporate the Non-Transportation Components into the Project. Therefore, the acquisition of real
property is not required of the Partnering Agency and is not part of the Non-Transportation Components.
IV. DESIGN OF NON-TRANSPORTATION COMPONENTS
Party responsible for obtaining plans/design for Non-Transportation Components:
Partnering Agency shall be responsible for obtaining approval of the plans/designs of the Non-
Transportation Components, which shall consist of designs for the additional light poles, control cabinet
and conduit described in Section II.
Partnering Agency shall submit the plans/designs of the Non-Transportation Components and receive
approval from ACHD as to the plans/designs prior to installation.
If Partnering Agency is responsible for providing plans/design, deadline for submitting plans/designs
to ACHD for approval:
Partnering Agency shall be solely responsible for all design costs for the Non-Transportation Components,
if any. Partnering Agency shall receive no credits in connection with the design costs for the Non-
Transportation Components.
Additional conditions: All designs/plans submitted by Partnering Agency must comply with (i) established
engineering standards, including the Idaho Standards for Public Works Construction (ISPWC); (ii) the
American Association of State Highway and Transportation Officials ("AASHTO'); (iii) the Cost-Share
Ordinance No. 215; (iv) all adopted ACHD rules, regulations, and policies; and (v) all state and federal
laws. No designs shall be considered final until they are approved in writing by ACHD. Any modifications
to the deadlines set forth above must be approved in writing by ACHD. By approving such design or
construction of the Non-Transportation Components to the extent such Non-Transportation Components
were not designed or constructed by ACHD.
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Allocation of design costs for Non-Transportation Components (including, if applicable, any credits
provided to Partnership Agency and application of any federal funding) and for reimbursement, if
applicable:
Partnering Agency shall be solely responsible for all design costs for the Non-Transportation Components,
if any. Partnering Agency shall not be credited under this Permit for costs incurred for the design of the
Non-Trans ortation Components.
Wa
V. CONSTRUCTION OF NON-TRANSPORTATION COMPONENTS
Description of construction work approved by ACHD to be completed by Partnering Agency (if
applicable): (In addition to description, refer to designs and plans attached to this Permit as
Exhibits, if applicable. If designs and plans are not complete at the time of issuance of this Permit,
they must be approved in writing by ACHD and shall be incorporated into this Permit.)
Additional conditions: (1) Partnering Agency will not allow any liens to attach to any right-of-way,
improvements, or any other property of ACHD as a result of any labor performed or materials supplied in
connection with the construction of the Non-Transportation Components. (2) Partnering Agency shall be
responsible for obtaining all permits required by ACHD in connection with any construction of the Non-
Transportation Components. (3) Partnering Agency's construction shall not negatively impact ACHD's
construction of the Transportation Components or ACHD's Road Project schedule in any way. (4) Any
amendment to the designs and plans must be approved in writing by ACHD. (S) All construction of the
Non-Transportation Components shall be in accordance with the designs/plans approved by ACHD. (6)
All construction by Partnering Agency will comply with (i) established engineering standards including the
Idaho Standards for Public Works Construction (ISPWC); (ii) the American Association of State Highway
and Transportation Officials (AASHTO'); (iii) the Cost Share Ordinance No. 215; (iv) all adopted ACHD
rules, regulations and policies; and(v) all state and federal laws.
If Partnering Agency is responsible for all or a part of the construction of the Non-Transportation
Components:
a. Date for submitting Partnering Agency's contractors and engineers to ACHD for approval:
b. Date for submitting Partnering Agency's contractors' and engineers' estimates to ACHD
approval:
c. Date for submitting Partnering Agency's contractors' and engineers' contracts to ACHD for
approval:
Any modifications to the deadlines set forth above must be approved in writing by ACHD.
Allocation of construction costs for Non-Transportation Components, reconstruction costs of
Transportation Components necessitated by the incorporation of Non-Transportation Components
into the Road Project, ACHD construction, maintenance, administration, and overrun costs
(including, if applicable, any credits provided to Partnering Agency and application of any federal
funding), and time for reimbursement,if applicable:
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Partnering Agency shall be solely responsible for all construction costs of the Non-Transportation
Components, whether ACHD or Partnering Agency performs such construction. Partnering Agency shall
receive no credits in connection with the construction of the Non-Transportation Components. If ACHD
performs the construction of the Non-Transportation Components, then Partnering Agency shall reimburse
ACHD for the actual costs of all materials used, the cost of the relocation of any utilities necessitated by
installation of the Non-Transportation Components. Payment by Partnering Agency shall be made to
ACHD within 30 days following submission of any invoice by ACHD to Partnering Agency identifying
such charges.
Relocation of utilities to be completed by Partnering Agency (if any):
Partnering Agency shall be solely responsible for the cost of relocating any utilities required in connection
with the placement, incorporation, or construction of the Non-Transportation Components.
Storm water provisions (if applicable):
The (what is being constructed) within ACHD's project shall be designed so as to prevent storm water
from accumulating and ponding.
Additional conditions: Upon a determination by ACHD that the incorporation into the Road Project of
Partnering Agency's Non-Transportation Components will have an adverse effect on storm water quantity
or quality, Partnering Agency shall be solely responsible for either mitigating or funding the mitigation of
any such adverse effects in a means determined by or acceptable to ACHD.
Schedule for completion of Road Project:
At this time, ACHD's schedule for completion of the Transportation Components of the Road Project
completion is unknown. The deadline for Partnering Agency's completion of the Non-Transportation
Components is upon substantial completion of the Project.
VI. MAINTENANCE OF NON-TRANSPORTATION COMPONENTS 70
Maintenance requirements of Non-Transportation Components by Partnering Agency:
Partnering Agency shall be, and is hereby, granted a non-exclusive, revocable license to maintain, repair,
and replace the Non-Transportation Components, subject to the provisions of this Permit and during the
term of this Permit. This includes the perpetual maintenance, repair, and replacement of the Permanent
Landscaping with the sidewalks.
Partnering Agency shall cause the Non-Transportation Components to be operated and maintained in good
functioning order during the term of this Permit, in accordance with applicable law, the approved
designs/plans, Partnering Agency's detached sidewalk and hardscape standards and specifications, and
industry standards. This obligation includes, without limitation, grass and lawn care, pruning or
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replacement of gravel, trees, and shrubs, clean up of litter and debris, wee removal, and application for
shrubs and trees, and groundcover, as applicable. Any replacement and/or installation by Partnering
Agency of additional improvements shall be accomplished in accordance with designs, plans, and
specification approved in advanced an in writing by ACHD, in its discretion, and as required to satisfy
applicable laws, its policies, and good engineering and landscaping practices.
Additional conditions:
1. This Permit does not extend to Partnering Agency the Right to use any part of the ACHD Road
Project area to the exclusion of ACHD for any use within its jurisdiction, authority, and discretion
or of others to the extent authorized by law.
2. In accessing any part of the Road project that has been accepted as an open public highway (as the
term "highway" is defined in Idaho Code Section 40-109(5), Partnering Agency's authorized use is
subject to the rights of the public to use the highway.
3. The rights granted hereunder are subject to and subordinate to the rights of holders of easements
of records and the statutory rights of utilities to use the right-of-way.
4. This Permit does not preclude or impede the ability of ACHD to enter into or grant easements or
license agreements allowing third parties to access the Road Project area, or the ability of ACHD
to redesign, reconstruct, relocate, maintain, and improve the Road Project and right-of-way as it
determines necessary, in its sole discretion.
S. In consideration of the license granted by this Permit, Partnering Agency expressly covenants and
agrees that the license granted herein is temporary and merely a permissive use of the ACHD right-
of-way pursuant to the terms of this Permit. Partnering Agency assumes the risk that the license
granted herein may be terminated before Partnering Agency has realized the economic benefit of
the cost of installing, constructing, repairing, or maintaining the Non-Transportation Components,
and by signing and accepting this Permit, Partnering Agency hereby waives and estops itself from
asserting any claim, including damages or reimbursement, that the license is in any way
irrevocable because partnering Agency has expended funds on the Non-Transportation
Components and the Permit has not been in effect for a period sufficient for Partnering Agency to
realize the economic benefit from such expenditures.
6. In the event Partnering Agency fails to replace, repair, maintain, and care for the Non-
Transportation Components, ACHD shall have the following remedies in addition to any other
recovery in law or in equity,provided that ACHD first gives Partnering Agency 30 days'notice and
Partnering Agency fails to remedy such failure: (i)ACHD may revoke this Permit; (ii)ACHD may
replace, maintain, and/or care for the Non-Transportation Components, and Partnering Agency
shall reimburse ACHD fully for all associated costs; (iii) ACHD may remove, alter, redesign, or
reconstruct the Non-Transportation Components or any part of the ACHD Road Project (including
without limitation the right-of-way), or in the case of landscaping, replace the Non-Transportation
Components with hardscape, and Partnering Agency shall reimburse ACHD fully for all associated
costs; and (iv) ACHD may refuse to issue any further Cost Share Permits or any other permits for
future ACHD Road Projects until Partnering Agency complies with the conditions of the Permit. In
addition, in the event of an emergency caused by Partnering Agency's failure to perform required
maintenance, ACHD may immediately perform any and all emergency repairs or take other
measures in connection with an emergency and Partnering Agency shall reimburse ACHD fully for
all associated costs.
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VII. TERM
Term of Permit:
This Permit shall be perpetual, until terminated or revoked pursuant to the provisions of this Permit.
Upon termination or revocation of this Permit, upon the request of ACHD, Partnering Agency will either,
as directed by ACHD, (i) promptly remove the Non-Transportation Components and restore the underlying
area to at least the condition present as of the date of this Permit repairing and restoring all portions of
ACHD's right-of-way, personal property, and real property, if any, that are damaged during such removal
activities; or (ii) reimburse ACHD for its cost of redesigning, replacing, and/or reconstructing the right-of-
way or real property underlying the Non-Transportation Components. Any portion of the Non-
Transportation Components that remain in ACHD right-of-way or on ACHD real property 90 days after
termination or revocation of this Permit shall be deemed abandoned, and ACHD shall have the right to
remove them or redesign, replace, and reconstruct the right-of-way or real property underlying them and
charge all costs to Partnering Agency.
VII. ADDITIONAL PROVISIONS APPLICABLE TO PROJECT
Additional provisions:
This permit provides terms upon which the incorporation of the Non-Transportation Components into the
Road Project is approved.
IX. GENERAL CONDITIONS OF PERMIT
1. This Permit is issued conditioned on the Partnering Agency's compliance with ACHD's Cost Share
Ordinance No. 215, the terms and conditions of this Permit and all applicable ACHD policies,
standards and specifications and all certifications made by the Partnering Agency's pursuant to this
Permit.
2. This Permit is subject to the provisions of state and federal law and all ACHD Ordinance, including but
not limited to the Cost Share Ordinance No. 215, in effect as of the date of issuance of this Permit and
those that may be adopted after the issuance of this Permit (the "Applicable Law"). In the event of any
conflict between this Permit and Applicable Law, Applicable Law shall govern. In the event that any
part of the obligations of the Partnering Agency or of ACHD in connection with this Permit or the
Road Project are determined to be illegal or unenforceable by a court of competent jurisdiction, the
remaining obligations of the Permittee set forth in this Permit shall still be applicable. Further
amendments and restatements of the Cost Share Ordinance shall not be applicable to this Permit.
3. If any portion of the ACHD Road Project (including without limitation any portion of the right-of-way
and ACHD personal property therein) is damaged as a result of Permittee's action or inaction with
regard to the construction, operation, and/or maintenance of the Fiber Optic Facilities or the failure or
neglect to construct, operate, and/or maintain the Fiber Optic Facilities, then the Permittee shall, at its
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sole cost and expense, correct such deficiency and restore the area to the same condition it was in prior
thereto, and if Permittee or its successors or assigns shall fail or neglect to commence such correction
and restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to do so, in
which event Permittee shall reimburse ACHD for the costs and expenses thereof, including, without
limitation, reasonable compensation for the use of staff and equipment of ACHD.
4. Partnering Agency shall be liable to ACHD for any and all damages, fines, fees, obligations to third
parties, costs, expenses, attorney fees, or any other liabilities whatsoever directly resulting from the
Partnering Agency's failure to comply with any provision of this Permit and/or Cost Share Ordinance
No. 215. Without limiting the foregoing in any manner, in the event Partnering Agency fails to comply
with any provision of this Permit, then following any applicable notice and opportunity to cure set forth
herein, ACHD shall have the right, in addition to all other rights and remedies elsewhere in this Permit,
to redesign, replace, and/or reconstruct the Non Transportation Components and/or the right-of-way or
real property underling the Non-Transportation Components, and in such event, Partnering Agency
shall reimburse ACHD for all associated cost. The obligations in this Section shall survive the
expiration, revocation, and/or cancellation of this Permit for any reason.
5. Partnering Agency may delegate any of its responsibilities hereunder to any third party so long as it
gives prior written notice to ACHD that specifies in detail what responsibilities are being delegated and
identifies the third party. Notwithstanding any delegation to a third party, the Partnering Agency shall
remain and shall be ultimately responsible for the third party's compliance with the terms of this
Permit, and no delegation shall absolve Partnering Agency of any duties or obligations of this Permit in
any way. In addition, Partnering Agency fully assumes all legal risks of determining whether any such
delegation is property under applicable law and/or regulations, and shall not be absolved of any
responsibilities under this Permit if it is unable to complete or maintain any such delegation for any
reason.
6. Partnering Agency will protect, defend, indemnify, and hold ACHD and its officers, directors,
employees, members, and agents harmless from and against any and all liability, suits, losses, damages,
claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from
or out of any acts or omissions of the Permittee, its agents, or contractors related to or in connection
with the Non-Transportation Components and the exercise of any privileges or performance of any
obligations by the Partnering Agency pursuant to the terms of this Permit. Partnering Agency's
obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for
any reason.
7. In the event the Non-Transportation Components will or may necessitate future maintenance, repair,
relocation, or replacement that is not subject to this Permit, ACHD shall in its discretion issue
Partnering Agency an amended or an additional Cost Share Permit to perform such work.
8. ACHD shall at all times have the right to relocate, reconstruct, remove, or redesign any and all
improvements that are part of the Road Project. ACHD will use its best efforts to advise Partnering
Agency of any anticipated actions within the Road Project that would be likely to cause a relocation,
modification, or other adaptation of any of the Non-Transportation Components, and the parties, to the
extent reasonably possible, shall agree to a priority schedule regarding the same and shall attempt to
cooperate with respect to planning and coordination as related to any such relocation, modification, or
other adaptation of any of the Non-Transportation Components. If ACHD ultimately determines that
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any part of the Road project must be relocated, reconstructed, removed, or redesigned, then Partnering
Agency, at its sole cost and expense, shall be responsible for relocating, reconstructing, removing, or
redesigning the Non-Transportation Components, as required by ACHD, which shall be accomplished
by the Partnering Agency according to designs, plans, and specifications approved by ACHD in writing
prior to any such work. Partnering Agency may also elect to remove all or a part of the Non-
Transportation Components in lieu of any relocation, modification, or adaptation. Partnering Agency
assumes any and all costs of itself and ACHD relating to any future relocation of the Non-
Transportation Components.
9. ACHD shall at all times have the right to revoke this and any other Permit granted to the Partnering
Agency to access the Highway or public right-of-way or real property. In addition, ACHD may
immediately perform any and all emergency repairs or take other measures in connection with an
emergency, in which case the Partnering Agency shall reimburse ACHD fully for all associated costs.
10. This Permit shall immediately be revocable and/or cancelable by ACHD by providing written notice to
the Partnering Agency upon the occurrence of any of the following: (i) a determination by ACHD that
any of the information submitted by the Partnering Agency in the Cost Share Application is false or
inaccurate in any manner; (ii) a determination by ACHD that the Partnering Agency has failed to
comply with any term or provision of this Permit; (iii) a determination by ACHD that the Partnering
Agency has failed to replace, maintain, and/or care for the Non-Transportation Components, as
required by the terms of this Permit. Except in an emergency situation, ACHD shall provide the
Partnering Agency with thirty (30) days notice of the issue and an opportunity to comply prior to
exercising such rights.
11. The issuance of this Permit shall in no way obligate ACHD to provide Partnering Agency with
additional permits or rights, nor shall ACHD be obligation to utilize provisions or rights set forth in this
Permit in connection with additional permits or rights that it may elect to provide to Partnering Agency
in the future.
12. All exhibits and any addenda to this Permit are incorporated herein.
15. This Permit is conditioned upon the signature of ACHD and the Permittee below.
SIGNATURES
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This Cost Share Permit is issued by the Ada County Highway District on the date set forth above:
Ada CounrN, HiAwm, District:
The person signing below represents that he or she has the authority on behalf of ACHD to issue this
Permit and bind ACHD to the terms set forth herein.
-- Bruce Wong, Director,A County Highway Olskict
s
Acceptance/certification by Permittee:
The person signing below represents that he or she has the authority on behalf of the Partnering Agency to
accept and agree to the terms of this Permit and bind the Partnering Agency to the terms set forth herein.
By:
Robert E. on, Mayor 1-17-2023
Its: Attest: 1 -2023
Chris Johnson City Clerk
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EXHIBITS
10 of 10
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Approval of Purchase Order#23-0175 to Berry, Dunn, McNeil & Parker, LLC
for Grant Management Services for the Not-To-Exceed amount of$150,000.00
C�
fIEN .D L4,,
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Keith Watts, Procurement Meeting Date: January, 17 2023
Presenter: Keith Watts Estimated Time: Consent
Topic: Approval of Purchase Order # to Berry, Dunn, McNeil & Parker, LLC for Grant
Management Services for the Not-To-Exceed amount of$150,000.00
Recommended Council Action:
Approve Purchase Order 23-0175
Background:
Through prior discussion related to American Rescue Plan Act (ARPA) funding needs, Council
expressed interest for staff to move forward with retaining services for compliance reporting and
auditing needs of the ARPA funds allocated to Meridian due to the US Treasury reporting guidance.
Staff recommended an allocation of up to $175,000 of ARPA funding to be set aside for these
compliance and auditing services. The City issued an RFQ for services,with four applications being
received and evaluated. The evaluation committee selected BerryDunn. Based on the estimated
(expected) amount of work, and the received payment schedule, staff recommends that Council
approves the Not-To-Exceed amount of$150,000 for the contracted services.
(:�4`WEDIANI."_*�Nio)
Purchase Order 1/17/2023 23-0175
Attention: David Miles
CITY OF MERIDIAN Billing Attn: Finance
33 Ave
33 EAST BROADWAY AVE. Meridian,Bro IDa
Address: 83642
MERIDIAN,ID 83642
(208) 888-4433
Shipping 33 E. Broadway Ave.
Vendor Address: Address: Meridian, ID 83642
BERRYDUNN
PO BOX 1100
PORTLAND, ME 04104-1100 Shipping Method: Contractor
FOB: Destination Pre-Paid
Description Unit Quantity Unit Price Total
23-0175 PSA-ARPA Grant Management Services Dollar 150000.00 1.00 150,000.00
Purchase Order Total: $150,000.00
Purchasing
Manager:
Special Instructions
PSA -ARPA Grant Management Services per formal RFQ#MYR-2251-1 1 370 Approved by Council 1/17/2023 for the
Not-To-Exceed amount of$150,000.00 20-1840-55000-5040.01 Ticket#80850
AGREEMENT FOR PROFESSIONAL SERVICES
ARPA GRANT MANAGEMENT SERVICES
BerryDunn
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this V day of
January, 2023, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Berry, Dunn, McNeil, &
Parker, LLC (BerryDunn), hereinafter referred to as "CONSULTANT", whose business
address is 2211 Congress Street, Portland, Maine 04102.
INTRODUCTION
Whereas, the City has a need for services involving ARPA Grant
Management Services; and
WHEREAS, the Consultant is specially trained, experienced and
competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1 . Scope of Services:
1 .1 CONSULTANT shall perform and furnish to the City upon execution of this
Agreement and receipt of the City's written notice to proceed, all services, and
comply in all respects, as specified in the document titled "Scope of Services" a
copy of which is attached hereto as Attachment "A" and incorporated herein by
this reference, together with any amendments that may be agreed to in writing by
the parties.
1 .2 All documents, drawings and written work product prepared or produced by
the Consultant under this Agreement, including without limitation electronic data
files, are the property of the Consultant; provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so. If any
such work is copyrightable, the Consultant may copyright the same, except that,
as to any work which is copyrighted by the Consultant, the City reserves a royalty-
free, non-exclusive, and irrevocable license to reproduce, publish and use such
work, or any part thereof, and to authorize others to do so.
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1 .3 The Consultant shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
state and city laws, ordinances, regulations and resolutions. The Consultant
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Consultant
and any reports or opinions prepared or issued as part of the work performed by
the Consultant under this Agreement, Consultant makes no other warranties,
either express or implied, as part of this Agreement.
1 .4 Services and work provide by the consultant at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Consultant shall be compensated on a Not to Exceed basis as provided
in Attachment B "Payment Schedule" attached hereto and by reference made a
part hereof for the Not-to-Exceed amount of $150,000.00.
2.2 The Consultant shall provide the City with a monthly statement, as services
warrant, of fees earned and costs incurred for services provided during the billing
period, which the City will pay within 30 days of receipt of a correct invoice and
approval by the City. The City will not withhold any Federal or State income taxes
or Social Security Tax from any payment made by City to Consultant under the
terms and conditions of this Agreement. Payment of all taxes and other
assessments on such sums is the sole responsibility of Consultant.
2.3 Except as expressly provided in this Agreement, Consultant shall not be
entitled to receive from the City any additional consideration, compensation,
salary, wages, or other type of remuneration for services rendered under this
Agreement., including , but not limited to, meals, lodging, transportation, drawings,
renderings or mockups. Specifically, Consultant shall not be entitled by virtue of
this Agreement to consideration in the form of overtime, health insurance benefits,
retirement benefits, paid holidays or other paid leaves of absence of any type or
kind whatsoever.
3. Time of Performance:
This agreement shall become effective upon execution by both parties, and shall
expire upon completion of the agreed upon services, estimated to be December
31 , 2026 or unless some other method or time of termination is listed in
Attachment A.
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4. Independent Contractor:
4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting
as an independent contractor, and neither CONSULTANT nor any officer,
employee or agent of CONSULTANT will be deemed an employee of CITY. Except
as expressly provided in Attachment A, Consultant has no authority or
responsibility to exercise any rights or power vested in the City. The selection and
designation of the personnel of the CITY in the performance of this agreement
shall be made by the CITY.
4.2 Consultant shall determine the method, details and means of performing the
work and services to be provided by Consultant under this Agreement. Consultant
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Consultant in fulfillment of this Agreement.
5. Indemnification and Insurance:
CONSULTANT shall indemnify and save and hold harmless CITY from and for any
and all losses, claims, actions, judgments for damages, or injury to persons or
property and losses and expenses and other costs including litigation costs and
attorney's fees, to the extent caused or arising from, wrongful conduct or negligent
acts and/or errors or omissions under this Agreement by the CONSULTANT, its
servants, agents, officers, employees, guests, and business invitees, and not
caused by or arising out of the tortious conduct or negligence of CITY or its
employees. CONSULTANT shall maintain, and specifically agrees that it will
maintain, throughout the term of this Agreement, liability insurance in the minimum
amounts as follow: General Liability One Million Dollars ($1 ,000,000) per incident
or occurrence, Professional Liability / Professional errors and omissions One
Million Dollars ($1 ,000,000) aggregate, Automobile Liability Insurance One Million
Dollars ($1 ,000,000) per incident or occurrence and Workers' Compensation
Insurance , in the statutory limits as required by law. the CITY shall be named an
additional insured on both General Liability and Automotive policies. The limits of
insurance shall not be deemed a limitation of the covenants to indemnify and save
and hold harmless CITY, and if CITY becomes liable for an amount in excess of the
insurance limits, herein provided, CONSULTANT covenants and agrees to
indemnify and save and hold harmless CITY from and for all such losses, claims,
actions, or judgments for damages or injury to persons or property and other costs,
including litigation costs and attorneys' fees, to the extent caused by or arising from
the wrongful conduct, negligent performance, and/or errors or omission under this
Agreement by the CONSULTANT or Consultant's officers, employs, agents,
representatives or subcontractors and resulting in or attributable to personal injury,
death, or damage or destruction to tangible or intangible property, including use of.
CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of
insurance evidencing CONSULTANT'S compliance with the requirements of this
paragraph and file such proof of insurance with the CITY at least ten (10) days prior
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to the date CONSULTANT begins performance of its obligations under this
Agreement. In the event the insurance minimums are changed, CONSULTANT
shall immediately submit proof of compliance with the changed limits. Evidence of
all insurance shall be submitted to the City Purchasing Agent with a copy to
Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642.
6. Notices: Any and all notices required to be given by either of the parties hereto,
unless otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
CITY CONSULTANT
City of Meridian Berry Dunn McNeil & Parker, LLC
(BerryDunn)
Purchasing Manager Attn: Bill Brown, Principal
33 E Broadway Ave 2211 Congress Street
Meridian, ID 83642 Portland, Maine 04102
208-888-4433 Phone: 207-541-2208
Email: kwatts@meridiancity.org Email: bbrown@berrydunn.com
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
7. 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 attorneys' 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.
8. 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 party so failing
to perform.
9. Assignment: It is expressly agreed and understood by the parties hereto, that
CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any
of its rights under this Agreement except upon the prior express written consent of
CITY.
10. Discrimination Prohibited: In performing the Services required herein,
CONSULTANT shall not unlawfully discriminate in violation of any federal, state or
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local law, rule or regulation against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
11 . Reports and Information:
11 .1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
11 .2 Consultant shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and
every other means of recording upon any tangible thing, any form of
communication or representation including letters, words, pictures, sounds or
symbols or any combination thereof.
12. Audits and Inspections: At any time during normal business hours and as often
as the CITY may deem necessary, there shall be made available to the CITY for
examination all of CONSULTANT'S records with respect to all matters covered by
this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make
excerpts or transcripts from such records, and to make audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions of employment and
other data relating to all matters covered by this Agreement.
13. Publication, Reproduction and Use of Material: No material produced in whole
or in part under this Agreement shall be subject to copyright in the United States
or in any other country. The CITY shall have unrestricted authority to publish,
disclose and otherwise use, in whole or in part, any reports, data or other materials
prepared under this Agreement.
14. Compliance with Laws: In performing the scope of services required hereunder,
CONSULTANT shall comply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
15. Changes: The CITY may, from time to time, request changes in the Scope of
Services to be performed hereunder. Such changes, including any increase or
decrease in the amount of CONSULTANT'S compensation, which are mutually
agreed upon by and between the CITY and CONSULTANT, shall be incorporated
in written amendments to this Agreement.
16. Termination: If, through any cause, CONSULTANT, its officers, employees, or
agents fails to fulfill in a timely and proper manner its obligations under this
Agreement, the CITY shall provide CONSULTANT with a written cure notice of for
such failure(s) along with an opportunity to cure such failure(s) before this
Agreement is terminated. If CONSULTANT violates any of the covenants,
agreements, or stipulations of this Agreement, falsifies any record or document
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required to be prepared under this agreement, engages in fraud, dishonesty, or
any other act of misconduct in the performance of this contract, or if the City
Council determines that termination of this Agreement is in the best interest of
CITY, the CITY shall thereupon have the right to terminate this Agreement, in part
or in its entirety, by giving written notice to CONSULTANT of such termination and
specifying the effective date thereof at least fifteen (15) days before the effective
date of such termination. CONSULTANT may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY.
In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONSULTANT under this Agreement
shall, at the option of the CITY, become its property, and CONSULTANT shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
Notwithstanding the above, CONSULTANT shall not be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this Agreement
by CONSULTANT, and the CITY may withhold any payments to CONSULTANT
for the purposes of set-off until such time as the exact amount of damages due the
CITY from CONSULTANT is determined. This provision shall survive the
termination of this agreement and shall not relieve CONSULTANT of its liability to
the CITY for damages.
17. Construction and Severability: If any part of this Agreement is held to be invalid
or unenforceable, such holding will not affect the validity or enforceability of any
other part of this Agreement so long as the remainder of the Agreement is
reasonably capable of completion.
18. Advice of Attorney: Each party warrants and represents that in executing this
Agreement. It has received independent legal advice from its attorney's or the
opportunity to seek such advice.
19. Entire Agreement: This Agreement contains the entire agreement of the parties
and supersedes any and all other agreements or understandings, oral of written,
whether previous to the execution hereof or contemporaneous herewith.
20. Public Records Act: Pursuant to Idaho Code Section 74-101 , et seq., information
or documents received from the Contractor may be open to public inspection and
copying unless exempt from disclosure. The Contractor shall clearly designate
individual documents as "exempt" on each page of such documents and shall
indicate the basis for such exemption. The CITY will not accept the marking of an
entire document as exempt. In addition, the CITY will not accept a legend or
statement on one (1) page that all, or substantially all, of the document is exempt
from disclosure. The Contractor shall indemnify and defend the CITY against all
liability, claims, damages, losses, expenses, actions, attorney fees and suits
whatsoever for honoring such a designation or for the Contractor's failure to
designate individual documents as exempt. The Contractor's failure to designate
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as exempt any document or portion of a document that is released by the CITY
shall constitute a complete waiver of any and all claims for damages caused by
any such release.
21 . Confidentiality: Consultant understands and acknowledges that all tests and
results(confidential information) are intended solely for the City. Consultant agrees
to hold all confidential information in confidence and will not disclose the
confidential information to any person or entity without the express prior written
consent of City.
22. Applicable Law: 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.
23. Approval Required: This Agreement shall not become effective or binding until
approved by the City of Meridian.
CITY OF MERIDIAN BERRYDUNN
BY: BY:
KEITH WATTS, Procurement Manager BILL BROWN, Principal
Dated: 1-17-2023 Dated:
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Attachment A
SCOPE OF WORK
Consultant shall provide services covering evaluation, management and
administration of various projects to be funded with ARPA funds. and may include,
but is not limited to the following:
• Interpret Federal ARPA guidance to establish and verify project eligibility under
ARPA program.
• Evaluate proposed projects under Treasury regulations and other applicable
guidance to ensure program funding eligibility.
• As necessary, work with City Attorney's Office to prepare, negotiate, and
execute subrecipient agreements.
• Prepare reports and submissions of required documentation and develop
reporting templates for reporting use and project management oversight
including scope, budget and schedule assessments.
• Monitor, track and report on all expenditures and commitments of ARPA funds
to ensure compliance with ARPA program regulations and deadline.
• Review contracts and purchasing documentation to ensure compliance of
expenditures using ARPA funds; work with Finance Department and City
Attorney's Office to ensure contracts' compliance with City policies and
procedures.
• Review and confirm that financial statements, invoicing, project management
files are complete and in compliance with US Treasury regulations and
guidance regarding compliance documentation.
• Establish proper accounting and reporting internal control mechanisms to
record, track, and advise Finance Department to disburse funds according to
US Treasury regulations and guidance.
• Establish and implement policies and procedures for appropriate document
retention and reporting with the Federal Financial Accountability and
Transparency Act (FFATA) and/or ARPA Compliance guidelines.
• Provide support to City and subrecipients in navigating federal agency web
portals and processes, and City established reporting platforms (Neighborly
system).
• Review and assist with processing payment requests and determining
allowable costs, per scope to be set by City.
• Represent City in meetings with U.S. Treasury, or other agencies as may be
necessary, and work with the City to resolve any challenges encountered with
regard to ARPA compliance reviews.
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• Provide City with ARPA close-out services to ensure ARPA program
compliance is maintained from start to end of funding allocations.
• Other activities as needed to ensure that ARPA program funding for the City of
Meridian complies with US Treasury regulations and compliance requirements.
Anticipated projects funded through the ARPA program may likely include the
following (projects are not guaranteed, nor limited to only those listed):
• Wastewater biosolids drying technology and capital infrastructure.
• Wastewater biogas technology and capital infrastructure.
• Fiber connectivity projects within Meridian city limits.
• Use of funding for new public safety facilities including fire stations and
police substations.
• Emergency housing assistance funding programs.
Consultant's work under this contract will be evaluated annually by the City, and
continuation of this contract is subject to the appropriation of funds for such
purpose by the City Council. If funds to affect payment are not appropriated, CITY
may terminate this Agreement as thereby affected and the Consultants will relieve
CITY of any further obligation.
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Attachment B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$150,000.00.
Name Title 06/22 — 06/23 — 06/24/ - 06/25 —
05/23 Rates 05/24 Rates 05/25 Rates 05/26 Rates
Bill Brown Consulting $460 $470 $490 $510
Principal
Rob Accounting $460 $470 $490 $510
Smalley Principal
Steven Project $340 $350 $370 $385
WhitneyManager
Katherine Senior Grant $340 $350 $370 $385
Balukas Management
Specialist
Markes Grant $240 $245 $255 $265
Wilson Management
Specialist
Grant $240 $245 $255 $265
Tim Cutler Management
Specialist
Alan Grant $240 $245 $255 $265
Goodwin Management
Specialist
Zeb Grant $240 $245 $255 $265
Lerourneau Management
Specialist
Patrick Grant $185 $190 $200 $210
Swinick Management
Specialist
Sophie Grant $185 $190 $200 $210
Cohen Management
Specialist
Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel
and Expense Reimbursement Policy.
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Attachment C
ADDITIONAL ARPA TERMS AND CONDITIONS
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W IDIAN�
AGENDA ITEM
ITEM TOPIC: Resolution No. 23-2368: A Resolution Approving a Farm Lease Agreement
Between the City of Meridian and Louie Asumendi Concerning Approximately Forty (40) Acres of
Real Property Located on N. Ten Mile Road, North of W. Ustick Road, in the City of Meridian,
Idaho; Authorizing the Mayor and City Clerk to Execute and Attest Said Farm Lease Agreement
on Behalf of the City of Meridian; and Providing an Effective Date
CITY OF MERIDIAN RESOLUTION NO. 23-2368
BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN,
OVERTON, PERREAULT, STRADER
A RESOLUTION APPROVING A FARM LEASE AGREEMENT BETWEEN THE CITY OF
MERIDIAN AND LOUIE ASUMENDI CONCERNING APPROXIMATELY FORTY (40)
ACRES OF REAL PROPERTY LOCATED ON N. TEN MILE ROAD,NORTH OF W. USTICK
ROAD, IN THE CITY OF MERIDIAN, IDAHO; AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AND ATTEST SAID FARM LEASE AGREEMENT ON BEHALF OF
THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of Meridian("City") owns approximately forty(40) acres of real
property located on N. Ten Mile Road near the City's wastewater treatment facility ("Land")that is
being held for long-term facility expansion; and,
WHEREAS,under a previous lease between Louie Asumendi ("Asumendi") and the City,
Asumendi has farmed the Land, maintained it in good order, controlled the weeds, maintained the
ditches, and provided good overall stewardship; and,
WHEREAS,because the City has no immediate plans to utilize the Land, and Asumendi
desires to continue to lease the Land for farming operations, the parties desire to voluntarily enter into
a new lease ("Farm Lease Agreement" or"Agreement");
NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN, IDAHO AS FOLLOWS:
Section 1. That the Land is not otherwise needed for municipal purposes at this time.
Section 2. That the terms of the Farm Lease Agreement, entered into contemporaneously
herewith, are just and equitable, and the Agreement is hereby approved as to form and content.
Section 3. That the Mayor and City Clerk be, and hereby are, authorized to respectively
execute and attest said Farm Lease Agreement for and on behalf of the City.
Section 3. That this Resolution shall be in full force and effect immediately upon its adoption
and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this 17th day of January 2023.
APPROVED by the Mayor of the City of Meridian, Idaho, this 17th day of January 2023.
APPROVED: ATTEST:
Mayor Robert E. Simison Chris Johnson, City Clerk
RESOLUTION AUTHORIZING FARM LEASE AGREEMENT WITH LOUIE ASUMENDI PAGE I OF I
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Farm Lease Between the City of Meridian and Louie Asumendi for farming of
40 acres of City owned land adjacent to the Wastewater Resource Recovery Facility for 2023
C�
fIEN .D L4,,
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Consent Agenda
From: Laurelei McVey, Public Works Meeting Date: January 17, 2023
Presenter: NA Estimated Time: NA
Topic: Farm Lease Between the City of Meridian and Louie Asumendi for farming of 40
acres of City owned land adjacent to the WRRF for 2023.
Recommended Council Action:
Move to authorize the Mayor to sign the Farm Lease.
Background:
The City Public Works Department wishes to enter into a farm lease with Louie Asumendi to farm
the vacant 40 acres of City owned property adjacent to the WRRF. Mr.Asumendi will pay the City
$6,000 for the ability to farm this parcel of land in 2023. This lease is also beneficial to the City as
it allows this currently vacant land to be maintained throughout the year. In the future, the City
will utilize this land for expansion of its WRRF facility.
Questions related to this agreement should be directed to Laurelei McVey, Public Works,
lmcvey@meridiancity.org, 208-985-1259.
FARM LEASE
(Approximately 40 Acres-
Public Works Property -Ten Mile Road)
THIS FARM LEASE ("Lease"), made effective the 1St day of January, 2023, by and between The City
of Meridian, an Idaho municipal corporation ("Landlord"), and Louie Asumendi ("Tenant").
RECITALS
A. Landlord is the record owner of certain real property situated in Ada County, Idaho, as
such real property is legally described and generally depicted on Exhibit A ("Premises"). Landlord
intends to develop or dispose of the Premises at an undetermined time in the future, as dictated by
Landlord's infrastructure expansion needs and by Landlord's real property requirements
("Development Activity").
B. Tenant is aware of the possible Development Activity and desires to lease the Premises
in order to plant an agricultural crop ("Crop"); and Landlord desires to lease the Premises to Tenant
until such time as Development Activity occurs, according to the terms and conditions contained
herein.
WITNESSETH
1. AGREEMENT. Landlord, for and in consideration of the rents, covenants and agreements
herein described, does hereby lease to the Tenant the approximate 49 acres as shown
crosshatched on Exhibit A for the sole purpose of planting a Crop(s).
2. TERM.Tenant shall Lease said Premises for a one year period, from January 1, 2023 through
December 31, 2023 ("Term"), unless otherwise terminated as provided herein. Notwithstanding the
foregoing, the Term shall expire five (5) days following Tenant's ordinary course of harvest or removal
of the Crop.
3. RENT. Tenant does hereby covenant, promise and agree to pay to the said Landlord as rent
in the manner and at the time herein specified, at the rate of $150.00 per acre for a total sum of
$6,000.00 ("Rent") payable on the earlier of December 15. 2023. or within ten (10) days following
harvest or removal of the Crop. Rent shall be paid to Landlord at The City of Meridian, 33 East
Broadway Ave, Meridian, ID 83642.
4. ACCESS ROAD. Landlord is authorized, but not required, to relocate the existing access road
from N. Ten Mile Road via a property boundary adjustment during the Lease Term. Landlord and
Tenant hereby agree to amend this Lease, including Exhibit A, if necessary to reflect the access road
relocation.
5. TAXES AND EXPENSES. Landlord shall pay when due all real property taxes and all irrigation
district assessments. The Tenant shall pay all personal property taxes levied and assessed against
the Tenant's fixtures, equipment and other property on the Premises. Tenant agrees to perform all
labor and pay all expenses connected with the farming of said Premises, including all operation costs,
repairs, and electric utility expenses.
6. CARE OF PREMISES. Tenant agrees that he will maintain the Premises in good order and
in neat and farm-like condition and further agrees:
6.1 To control all weeds (noxious weeds included) growing on the Premises in a
good and farm-like manner including but not limited to those growing in, along and around
cultivated fields, roadways, ditches, drains, and fences. Tenant shall also be responsible for
FARM LEASE
the eradication and control of any rodents on the Premises. If Tenant defaults hereunder,
Landlord shall have the right after three days written notice served on the Tenant to control
such weeds (noxious weeds included) and gophers and the cost thereof shall be borne by the
Tenant as additional Rent.
6.2 To clean out and keep in good repair all ditches and drains on said Premises
used for irrigation purposes, all necessary materials and labor to be furnished at Tenant's
expense.
7. IMPROVEMENTS. Except as otherwise provided herein, Landlord shall be entitled to enter
the Premises to demolish, remove and/or alter all outbuildings, improvements, or its personal property
on the Premises. Tenant agrees to cooperate with Landlord in any such action, including the moving
of its farm equipment, so long as such cooperation is at no cost to Tenant.
8. RIGHT OF ENTRY. Upon five (5) days' notice, Landlord and Landlord's employees, agents
and contractors, shall be entitled to enter the Premises to conduct surveys, studies, testing, demolish
improvements, or for any other action related to Landlord's Development Activities.
9. SURRENDER OF POSSESSION. At the termination of the Lease Term, Tenant shall quit
and surrender possession of the Premises to Landlord, removing all personal belongings and leaving
the Premises in as good a state and condition as reasonable use and wear thereof will permit
(damages by the elements excepted). Tenant will leave the irrigation systems (including any pump
and controls) in an operating condition on the Premises. Landlord's Development Activity is dictated
by many factors; and as such, Tenant shall not prepare or improve any portion of the Premises in
anticipation of leasing the Premises for another term. Any improvements made to the Premises after
harvesting said Crop shall be at Tenant's own risk and expense.
10. HAZARDOUS WASTE. The Tenant shall not cause or permit any hazardous substance(s)
to be used, stored, generated or disposed of on or in the Premises, without first obtaining the Owner's
written consent. Notwithstanding the Owner's consent, if any hazardous substance(s) is used, stored,
generated or disposed of on or in the Premises by the Tenant, such usage, storage, generation and
disposal shall, in all respects, be in strict accordance all federal, state and local laws, statutes,
ordinances and regulations. If the Premises become contaminated in any manner for which the
Tenant is liable, the Tenant shall indemnify, defend, save and hold the Owner harmless from any and
all claims, damages, fines, judgments, penalties, costs, liabilities or losses arising during or after the
Term and arising as a result of That contamination by the Tenant. As used herein, "hazardous
substance" shall mean any hazardous or toxic substance, material or waste which is or becomes
regulated by any local governmental authority, the State of Idaho or the United States Government.
11. INSURANCE. Tenant shall indemnify, defend, protect, and save Landlord from all actions or
claims for personal injuries or property damage sustained upon the Premises and predicated upon
the Landlord's ownership of the Premises. Tenant agrees to secure and keep, in full force and effect
from and after the date Landlord first allows Tenant on the Premises, broad form general liability
insurance insuring for death, bodily injury and property damage in the combined single limit amount
of at least one million dollars ($1,000,000). The policy shall name Landlord and Tenant as insured
and shall further name The City of Meridian as an additional insured. A copy of the policy or Certificate
of Insurance shall be delivered to Landlord, at 33 E. Broadway Avenue, Meridian, ID 83642. Tenant
shall also secure and keep in force Workers' Compensation or similar insurance to the extent required
by federal, state and local law.
FARM LEASE
12. NOTICES. Whenever any notice, approval, consent, request or election is given or made
pursuant to this Lease, it shall be deemed delivered when (i) it is in writing and personally delivered
(ii) 2 business days after deposit in the United States mail, postage prepaid, certified or registered
mail, return receipt requested and addressed to the party at the address set forth below; (iii) 1 day
after deposit with a reputable overnight courier service (such as Federal Express), delivery charges
paid, receipt confirmation requested, and addressed to the party at the address set forth below. The
addresses below shall be used for notice under this section unless Owner or Tenant provides notice
under this section of an alternate address or facsimile number.
Tenant: Louie Asumendi
Address: 8620 Ustick Fed, Nampa, Idaho 83651
Landlord: The City of Meridian, Department of Public Works
Address: 33 E. Broadway Ave, Meridian, Idaho 83642
13. DEFAULT. Tenant's use of the Premises in any unlawful manner shall be deemed a breach
of the Lease and cause Tenant to forfeit all Tenants' rights under this Lease. The Lease shall be
immediately terminated at no expense to Landlord. It is further agreed that if any rent shall be due
and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawful
for Landlord to re-enter the Premises and remove all persons therefrom and at its option, terminate
this Lease, after first giving Tenant written notice of the matter in which he is in default and a lapse of
15 days without Tenant having removed and corrected default.
14. LIENS. Tenant agrees not to cause or permit any liens to be placed on the Premises during
the Lease term. Any liens on the Premises caused by Tenant shall be considered a breach of this
Lease and shall be removed immediately at Tenant's sole cost and expense.
15. ASSIGNMENT SUBLEASE, SUCCESSION. Tenant shall not assign, lease or sublease
any portion of said Premises; or permit any other person or persons to occupy or improve the same,
or make or suffer to be made any alterations thereon. This Leese shall be binding upon and shall
inure to the benefit of the respective heirs, personal representatives, successors and assigns of the
parties.
16. HEADINGS. The headings, title and captions used in this Lease are for convenience only
and are not part of this Lease.
17. LEGAL FEES AND COSTS; VENUE. If either party shall default under this Lease and said
default is cured with the assistance of an attorney for the other party, as a part of curing said default,
the reasonable attorneys' fees incurred by the other party shall be added to the balance due and
payable or, in the case of a non-monetary default, shall be paid to the other party upon demand. In
the event suit or action is filed by either party against the other to interpret or enforce this Lease, the
unsuccessful party to such litigation agrees to pay to the prevailing party all costs and expenses,
including attorneys' fees incurred therein, including the same with respect to an appeal. The Parties
agree that the laws of Idaho shall govern the interpretation of this Agreement and that venue shall be
in Ada County, Idaho.
FARM LEASE
18. ENTIRE AGREEMENT. This Lease, including the exhibits attached hereto, contains the entire
agreement between the parties as of the date of this Lease and the execution hereof has not been
induced by either party or any agent of either party, by representations, promises, undertakings not
expressed herein. There are no collateral agreements, stipulations, covenants, promises,
inducements or undertakings whatsoever between the parties concerning the subject matter of this
Lease which are not expressly contained herein. This Lease may only be amended by written
document signed by both parties.
19. SIGNATURES: COUNTERPARTS. This Lease, and all ancillary documents executed by the
parties in connection herewith, may be executed by electronic signature and/or in multiple
counterparts, each of which shall be deemed to be an original but all of which, together, shall constitute
one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the
day and year the Lease first above written.
LANDLORD: CITY OF MERIDIAN
By:
Robert E. Simison, Mayor 1-17-2023
Attest:
City Clerk Chris Johnson 1-17-2023
TENANT: LOUIE ASUMENDI
By:
FARM LEASE
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EXHIBIT A TO FARM LEASE
W IDIAN�
AGENDA ITEM
ITEM TOPIC: Resolution No. 23-2369: A Resolution of the Mayor and the City Council of
the City of Meridian Appointing Diane Bevan to Seat 6 of the Meridian Development
Corporation; and Providing an Effective Date
CITY OF MERIDIAN RESOLUTION NO. 23-2369
BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN,
OVERTON, PERREAULT, STRADER
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN APPOINTING DIANE BEVAN TO SEAT 6 OF THE MERIDIAN
DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Idaho Code section 50-2006 charges the Mayor, with the advice and consent
of the City Council of the City of Meridian, with appointment of members to the Board of the
Meridian Development Corporation; and
WHEREAS, the Mayor and City Council find that it is in the best interest of the City of
Meridian and the citizens of Meridian to appoint Diane Bevan to Seat 6 of the Meridian
Development Corporation;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN,IDAHO:
Section 1. That Diane Bevan is hereby appointed to Seat 6 of the Meridian Development
Corporation with such term ending August 31, 2025;
Section 2. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this 17'h day of January,
2023.
APPROVED by the Mayor of the City of Meridian, Idaho, this 17t' day of January, 2023.
APPROVED:
Mayor Robert E. Simison
ATTEST:
Chris Johnson, City Clerk
RESOLUTION REAPPOINTING DIANE BEVAN TO MERIDIAN DEVELOPMENT CORPORATION THROUGH 8/31/2025
E IDIAN.;---
Planning and Zoning Presentations and outline
Page 4
City Council Meeting January 17, 2023
Item #1: Modern Craftsman at Black Cat Development Agreement Modification ZONING MAP 00863\]-2022-\[H
Existing and Conceptual Site Plan
Previous 2Story Elevations-
Proposed 1Story Elevations-
Proposed in Exhibit C.”Site Plan CUPas noted on the revised , and VII.E)concept renderings (see Exhibit reviseddepicted in the structure as generally story-onestory-twobe constructed
as a Boulevard (SH20/26) shall Chindenof N. Black Cat Road and W. “The proposed commercial building located near the intersection Staff’s Recommended Changes:Provision 5.1.h:to the
existing Development Agreement Revisions
Changes to Agenda: None
Item #1: Modern Craftsman at Black Cat (H-2022-0083)
Application(s):
Development Agreement Modification
Size of property, existing zoning, and location: This site consists of 2.59 acres of land, zoned C-C, located at 4701 W. Caragana
Lane.
History: This parcel is part of a Development Agreement Modification in 2020 and was removed from an existing Development
Agreement (DA) for the purpose of entering into a new DA with a new conceptual plan and building elevations (H-2020-00226, DA Inst.
#2020-174261).
Comprehensive Plan FLUM Designation: MU-C (Mixed Use Community)
Summary of Request:
MDA - The Applicant requests a modification to the existing Development Agreement (Inst. #20-174161) provision regarding the two-
story commercial building now proposed as a single-story structure with surface parking.
The approved DA (Inst. #2020-174261) includes a provision that requires the proposed commercial building located near the
intersection of N. Black Cat Road and W. Chinden Boulevard to be constructed as a two-story structure. The two-story option, though
a larger floorplate and building, provided only 5,185 square-feet of ground floor retail and active use area; the remaining 8,538 square
feet is dedicated to a tuck-under parking area. Approximately 131’-0” of the Chinden Boulevard elevation is attributed to the parking
garage which provides no active ground floor use along this extent of the façade. The Applicant believes that the parking garage
prevents visibility to the ground floor retail areas from Chinden Boulevard limiting areas of tenant visibility; therefore, providing
challenging leasing for the ground floor commercial area and flexible tenant layouts. Currently, the anticipated restaurant tenant and
other potential retailers necessitate modifying the previous building design and parking quantities to be better align to meet the
commercial market demands while lessening potential impacts on the surrounding neighborhood.
The Applicant is proposing a 7,004-square-foot one-story commercial building that is highly visible and establishes a cornerstone for
the overall Modern Craftsman at Black Cat residential development. Tenant visibility is provided on all sides of the building to the retail
and restaurant activities within the building. Additionally, a 563 square-foot outdoor covered patio area is planned for a restaurant
tenant to use activating the façade along Chinden Boulevard by showcasing the restaurant activity within the building. The proposed
building varies in parapet heights ranging from 25’8” and 22’0”, presenting a ground-floor window height of 12’0” along all facades. The
design echoes the previous quality design with the same modern/contemporary architectural materials originally presented such as
stucco, cultured stone, composite wood, dark bronze aluminum storefront glazing, and standing seam metal roofing reflecting the
similar quality and colorways of the overall Modern Craftsman at Black Cat Development.
Staff has analyzed the parking using the restaurant standards requiring one (1) parking stall for every 250 square feet of gross floor
area to ensure adequate parking. Per this standard, 28 parking stalls would be required if the site developed per the submitted revised
concept plan and 42 parking stalls were provided. Additionally, the commercial square footage was a topic of discussion during the
initial Hearing. Ultimately, Council agreed with Staff and required the two-story commercial building to ensure the MU-C (Mixed Use
Community) area would develop with a higher commercial square footage to provide more of a balance with the proposed residential
development on this site. Fundamentally, the Applicants proposal for a one-story building on this site includes more retail square
footage than the required two-story building, as the two-story building essentially provided less ground floor square footage for retail
space, presenting the illusion it was larger due to the tuck-under parking area.
The Applicant is therefore requesting the following modification to provision 5.1.h:
“The proposed commercial building located near the intersection of N. Black Cat Road and W. Chinden Boulevard (SH20/26) shall be
constructed as a two-story one-story structure as generally depicted in the revised concept renderings (see Exhibit VI.E), and as noted
on the revised CUP Conceptual Site Plan on Exhibit C.”
Written Testimony: Jamie Knight, Evelyn and Albert Joens – Both support the request by Baron Properties to modify their original
agreement and build the single-story commercial building in lieu of the two-story building required in the original agreement.
Staff Recommendation: Approval
Notes:
Possible Motions:
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2022-0083, as presented in the staff
report for the hearing date of January 17, 2023: (Add any proposed modifications to conditions)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2022-0083, as presented during the
hearing on January 17, 2023, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2022-0083 to the hearing date of _________________ for the following reason(s): (You should
state specific reason(s) for continuance.)
W IDIAN�
AGENDA ITEM
ITEM TOPIC: Public Hearing for Modern Craftsman at Black Cat (H-2022-0083) by Brandon
Sheltrown, HB Architects, located at 4701 W. Caragana Ln. on the northeast corner of N. Black
Cat Rd. and W. Chinden Blvd. (SH 20/26)
Application Materials: https:Hbit.ly/H-2022-0083
A. Request: Development Agreement Modification to modify an existing Development
Agreement provision regarding the two-story commercial building now proposed as a single-
story structure with surface parking on 2.59 acres of land in the C-C zoning district.
PUBLIC HEARING SIGN IN SHEET
DATE: January 17, 2023 ITEM # ON AGENDA: 10
I
PROJECT NAME: Modern Craftsman at Black Cat (H-2022-0083)
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 �
�A4 i 14fz/eouu 6-7
2
3
4
5
6
7
8
9
10
11
12
13
14
STAFF REPORT C:�*%_
W IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 1/17/2023 Legend RUTS
DATE: R'
aProject Location
TO: Mayor&City Council R-4
RUT
FROM: Stacy Hersh,Associate Planner R-8
R-8
208-884-5533
SUBJECT: H-2022-0083 C-G C _
R-15 C-N
Modern Craftsman MDA R1
�
UT
LOCATION: Project is located at 4701 W. Caragana L-O �
Lane,on the northeast corner of N. Black o
Cat Rd. and W. Chinden Blvd. (SH R-1$ RUT R-8
20/26),in the SW 1/4 of the SW 1/4 of
Section 22,Township 4N.,Range 1 W. R"8
R•-4,R�4�I,f� �n�
I. PROJECT DESCRIPTION
Request to modify the existing Development Agreement(Inst. #20-174161)provision regarding the
two-story commercial building now proposed as a single-story structure with surface parking on 2.59
acres of land in the C-C zoning district.
II. APPLICANT INFORMATION
A. Applicant:
Brandon Sheltrown,HB Arch—Corner Office Design 2997 E. Deerhill Drive,Meridian,ID
83642
B. Owners:
Ryan Sexton,Baron Black Cat LLC— 1401 17t1i Street, Suite 700,Denver,CO 80202 .
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Legal notice published in
12/28/2022
newspaper
Radius notice mailed to
properties within 500 feet 12/30/2022
Page 1
Public hearing notice sign posted 12/19/2022
NextDoor Posting 12/30/2022
IV. STAFF ANALYSIS
History
The subject application encompasses one(1)parcel on the northeast corner of Black Cat Road and
W. Chinden Boulevard. This parcel is part of a Development Agreement Modification in 2020 and
was removed from an existing Development Agreement(DA)for the purpose of entering into a new
DA with a new conceptual plan and building elevations(H-2020-00226,DA Inst. #2020-174261).
The new Development Agreement consists of a Rezone of a total of 23.63 acres of land for the
purpose of reducing the C-C zone from approximately 8 acres to 4.23 acres and increasing the R-15
zone from approximately 15.1 acres to 19.39 acres of land; a Short Plat consisting of 2 building lots
and 2 common lots on 21.59 acres of land in the C-C and R-15 zoning districts; and a Conditional
Use Permit for a multi-family development consisting of 196 residential units on 20.13 acres in the
R-15 zone.
Development Agreement Modification
The approved DA(Inst. #2020-174261)includes a provision that requires the proposed commercial
building located near the intersection of N. Black Cat Road and W. Chinden Boulevard to be
constructed as a two-story structure. The two-story option,though a larger floorplate and building,
provided only 5,185 square-feet of ground floor retail and active use area; the remaining 8,538 square
feet is dedicated to a tuck-under parking area. Approximately 13l'-0"of the Chinden Boulevard
elevation is attributed to the parking garage which provides no active ground floor use along this
extent of the fagade. The Applicant believes that the parking garage prevents visibility to the ground
floor retail areas from Chinden Boulevard limiting areas of tenant visibility;therefore,providing
challenging leasing for the ground floor commercial area and flexible tenant layouts. Currently,the
anticipated restaurant tenant and other potential retailers necessitate modifying the previous building
design and parking quantities to be better align to meet the commercial market demands while
lessening potential impacts on the surrounding neighborhood.
The Applicant is proposing a 7,004-square-foot one-story commercial building that is highly visible
and establishes a cornerstone for the overall Modern Craftsman at Black Cat residential development.
Tenant visibility is provided on all sides of the building to the retail and restaurant activities within
the building. Additionally, a 563 square-foot outdoor covered patio area is planned for a restaurant
tenant to use activating the fagade along Chinden Boulevard by showcasing the restaurant activity
within the building. The proposed building varies in parapet heights ranging from 25'8"and 22'0",
presenting a ground-floor window height of 12'0"along all facades. The design echoes the previous
quality design with the same modem/contemporary architectural materials originally presented such
as stucco, cultured stone, composite wood, dark bronze aluminum storefront glazing, and standing
seam metal roofing reflecting the similar quality and colorways of the overall Modern Craftsman at
Black Cat Development. Staff has analyzed the parking using the restaurant standards requiring one
(1)parking stall for every 250 square feet of gross floor area to ensure adequate parking. Per this
standard, 28 parking stalls would be required if the site developed per the submitted revised concept
plan and 42 parking stalls were provided. Additionally,the commercial square footage was a topic of
discussion during the initial Hearing. Ultimately, Council agreed with Staff and required the two-
story commercial building to ensure the MU-C (Mixed Use Community) area would develop with a
higher commercial square footage to provide more of a balance with the proposed residential
development on this site. Fundamentally,the Applicants proposal for a one-story building on this site
includes more retail square footage than the required two-story building, as the two-story building
Page 2
essentially provided less ground floor square footage for retail space,presenting the illusion it was
larger due to the tuck-under parking area.
The Applicant is therefore requesting the following modification to provision 5.1.h:
"The proposed commercial building located near the intersection of N. Black Cat Road and W.
Chinden Boulevard(SH2O/26) shall be constructed as a two stems one-story structure as generally
depicted in the revised concept renderings(see Exhibit VI.E), and as noted on the revised CUP-
Conceptual Site Plan on Exhibit C."
Staff recommends the development agreement modification with the recommended changes in
Exhibits E and C below.
V. DECISION
A. Staff:
Staff recommends approval of the proposed MDA per the modified provision in Section VI.B.
VI. EXHIBITS
A. Existing DA Provisions
e. Additional right-of-way shall be reserved for dedication to Idaho Transportation
District for the future widening of Chinden Boulevard,as shown on the plat as Lot 1,
Block 1.
f. The required landscape street buffers shall be constructed and vegetated along the
entire perimeter(along N.Black Cat and Chinden Boulevard)with the first phase of
development.
g. The Applicant shall vegetate the common lot(Lot 1, Block 1), reserved for future
dedication to Idaho Transportation Department(1TD),with grass and not gravel until
such time that this lot is dedicated to ITD.
h. The proposed commercial building located near the intersection of N.Black Cat Road
and W.Chinden Boulevard(SH 2O126)shall be constructed as a two-story structure as
generally depicted in the submitted concept renderings(see exhibit VII.I)and as noted
on the revised CUP Site Plan.
i. The Vertically Integrated Residential Project area of the site shall adhere to the
specific use standards as outlined in UDC I 1-4-3-41.
j. The required land use buffer between the C-C zoning district and the R-15 zoning
district is hereby waived as approved by City Council;the minimum distance between
buildings and across zoning districts is ten(10)feet per the multi-family specific use
standards(UDC 11-4-3-27).
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:
Page 3
B. Proposed Revisions to the existing Development Agreement Provision 5.l.h:
Staff s Recommended Changes:
"The proposed commercial building located near the intersection of N. Black Cat Road and W.
Chinden Boulevard(SH2O/26) shall be constructed as a two stems one-story structure as generally
depicted in the revised concept renderings(see Exhibit VILE , and as noted on the revised CUP Site
Plan in Exhibit C."
Page 4
C. Existing and Conceptual Site Plan:
AEEAIL '
5,165SF
0
{... '� RETAIL: I it
A
7,D04SF •�
PREVIOUS a PROPOSED
H H I H H I I H ACTIVE PEDESTRIAN EDGES
NON-ACTIVE/BLANK FACADE
IIIIIIIIIIIII MAXIMIZED GLAZING
....... MINIMALGLAZING
THE PREVIUDSCONCEPT DESIGN PHUYIDES MINIMAL,ACTIVE AND VISIBLE RETAIL OPPORTUNITIES-CHALLENGING TENANT LEASING.
THE CURRENT CESIGN ACTIVATES ALL SIDES OF THE BUILDING MAXIMIZING TENANT VISIBILITY AND PRDVIDES AN ENHANCED PEDESTRIAN EXPERIENCE.
SITE PLAN CACTIVEANDNON-ACTIYHBLANXFACAUES)
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Page 5
E. Proposed 1-Story Elevations:
IMRIOR MATERIAL UGEHR GBp
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Page 7
D. Previous 2-Story Elevations:
1. Comer Commercial Renderini -2-stoiN Conceu�
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Page 6
Item 22
E IDIAN;---
AGENDA ITEM
ITEM TOPIC: PRESENTATIONS
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BARON AT A GLANCE -
BARON IS .�.�
OPERATING IN
9 MARKETS DEVELOPMENT e
FOUNDED IN1983 ��
Op v RE: UNITINTERIOR
v
VALUE-ADD
RENOVATION
•
TOTAL
MULTIFAMILY � . � . RENDERING-MODERN CRAFTSMAN@BLACK CAT
COMMUNITES
will
MODERN -
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MODERN CRAFTSMAN AT BLACK CAT
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ARCHITECTURAL CONTINUITY -
RESIDENTIAL AND COMMERCIAL
DEVELOPMENT AGREEMENT MODIFICATION
"The proposed commercial building located near the intersection ofl�1_ Black Cat Road and V�I.
Ghinden BoulevardH1�6} shall be constructed as a one-motor y structure as generally
depicted in the revised concept renderings {�;�e I�xhibit I�11�, and as noted on the revised 1�
Conceptual bite Plan on l✓xllibit C."
BLACK CAI(MODEM CRAFTSMAN RETAIL•MERIBIM IO-CONCEPT DESIGN COMPARISON•15NOVEMBER2022
f,
$ s" Y ,.
SW CORNER- VIEW FROM CHINDEN(US HWY 20/26)/N.BLACK CAT RD. (PROPOSED)
GBD BAPcl" lfl
PARKING
16 STALLS IN
�. Ri .� @
FORMER
LOW
vi� lll .
► Meets parking quantities for retail use of 2 ► Meets office and retail tenants demand st s/
stalls/ 1,000 sf 1,000 sf
P. Falls short of market demand, thus reduced ► Aligns with City preference to pro de opportunity
marketability for active retail vs. office in this cation
► Could result in traffic and parking burden to
the residential development
PARKING CIRCULATION
BLACK CAI(MOBERN CRAFTSMAN) RETAIL•MERIDIAN IC•CONCEPT DESIGN COMPARISON•15 MOVENER2022
DEAD-END EFFICIENT/EASILY ACCESSED
PARKINGI LAYOUT PARKNG LAYOUT
------- - ---- -- -----
`-- -- -- - - L .-
I
41
4
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• � I
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.7^ �. 5 n=-�''.•�t� n `ate.' Sr. _-�.x� -ye>1'=
PREVIOUS PROPOSED
THE PP..VIOUS CG'-.%EPT OE9,GN PARKING CREATED INEFFICIENT AND UNSAFE PARO;ING LAYOUTS RESULTING IN MULIPLE DEAD-EA»CIP..CULATION CONDITIONS.
PATRONS AFD VISITORS TO THIS COMMERCIAL SITE VV I_L NEED EASY AND EFFICIENT ACCESS TO PARKING TO ALLEVIATE ADDED PARO;ING BURDENS AND TRAFFIC TO TF'E NEIGHBOR'->DOD.
FAQADE ACTIVATION
BLAIX CAT(MODEM HAFISNIAN) RETAIL•MERIDIM 10-CONCEPT DESIGN COMPARIEGN-15 NOVENER2022
Tt-- ----------------------------
----------
j
RETAIL:
5,185 SF
77,
iinul
i i L NINE-
RETAIL:
it I "f t
7,004 SF
............
- ----------
.. ............
PREVIOUS z PROPOSED
I I I I I I I I I I I I I ACTIVE PEDESTRIAN EDGES
NON-ACTIVE/BLANK FACADE
IIIIIIIIIIIII MAXIMIZED GLAZING
...........� MINIMAL GLAZING
THE PFalOUS CCKEPT DES.!GN PROV))ES WlNIMAL,ACTIVE AND VISIBLE RETAIL OPPORTUNITIES-CHALLEN-83INU TENANT LEASING.
THE CURRENT CV-SIGN hCTIVATES ALL S01S OF THE BUILDING MAXIMIZING TENANT VISKITY AND PROVIDES AN LNHP,,N'UD PEDESTRIAN EXPERIENCE.
PEDESTRIAN CIRCULATION AND ACTIVITY
4A
BLAMUT)MDDERN EnAFISMAN) REIAIL•MERIDIAN,ID•CLNCEPI DESIGN CDMPARISCN•15 NDVEMBER2022
AN
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PREVIOUS PROPOSED
PEDESTRIAN PATHWAYS THROUGH ATE CROSS VEHICULAR TRAFFIC AREAS. PEDESTRIAN PATHWAYS ARE CRIENTED OUTSIDE OF VEHICULAR TRAFFIC AREAS AND PROVIDE SAFER
ACCESS TO THE BUILOWa IS USCONNECTED FROM NEIGIBORHOOD AND PUBLIC RIGHT-UF-WAY. CC CTION TO NEIGHBORMOD AND PUBLIC ROT-C'~-WAY.
BLACK Chi(MODEM nRSMANI RENAR•MERIBIMID.ODNCEPL DESIGN COMPARISON-154BYEMBER2022
I
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