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HomeMy WebLinkAbout2023-03-07 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, March 07, 2023 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilwoman Liz Strader Councilman Brad Hoaglun Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilman John Overton PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the February 21, 2023 City Council Work Session 2. Approve Minutes of the February 21, 2023 City Council Regular Meeting 3. Approve Minutes of the February 23, 2023 City Council Joint Meeting with the Ada County Highway District Commission 4. Approve Minutes of the February 28, 2023 City Council Work Session 5. Alliance Dental Care Shell and Core Water Main Easement 6. Winco Wells No. 1 Water Main Easement No. 3 7. Findings of Fact, Conclusions of Law for Dutch Bros Ustick and Eagle (H-2022- 0077) by Andrew Bowman, Barghausen Consulting Engineers, Inc., located at the four (4) lots at the southwest corner of N. Eagle Rd. and E. Ustick Rd. intersection 8. Findings of Fact, Conclusions of Law for Franklin Annexation (H-2022-0090) by The Land Group, Inc., located at 2975 E. Franklin Rd. 9. Development Agreement Revision (Artemisia Subdivision H-2021-0014) to Clarify Language in the Agreement Between City of Meridian and Idaho Auto Mall LLC for Property Located at 1690 W. Overland Rd. 10. Addendum to Development Agreement (Modern Craftsman at Black Cat H-2022- 0083) Between City of Meridian and Black Cat Apts LLC for Property Located at 4701 W. Caragana Ln. 11. Approval of Sole Source Purchase of Lone Star Series Blowers from Lone Star Blower and Compressor 12. Memorandum of Agreement between the City of Meridian and Canyon Data, Inc. for Commercial Property Listing Data ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PUBLIC FORUM – Future Meeting Topics DEPARTMENT / COMMISSION REPORTS \[Action Item\] 13. Transportation Commission Annual Report ACTION ITEMS 14. Public Hearing for Sagecreek Subdivision (SHP-2023-0001) by Mason and Associates, located at 1554 S. Labrador Way Approved Application Materials: https://bit.ly/SHP-2023-0001 A. Request: Short Plat to subdivide an existing commercial lot (R8257510090) into two (2) building lots on approximately 0.929 acres of land in the C-C zoning district. Motion to approve made by Councilman Borton, Seconded by Councilwoman Strader. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener FUTURE MEETING TOPICS ADJOURNMENT 6:23 p.m. Meridian City Council March 7, 2023. A Meeting of the Meridian City Council was called to order at 6:00 p.m. Tuesday, March 7, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglun, Joe Borton, Luke Cavener, Jessica Perreault and Liz Strader. Members Absent: John Overton. Also present: Chris Johnson, Bill Nary, Stacy Hersh, Kyle Radek, Berle Stokes and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader X Joe Borton _X_ Brad Hoaglun John Overton _X_ Jessica Perreault _X—Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is March 7, 2023, at 6:00 p.m. We will begin this evening's 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: Next up is the community invocation, which tonight will be delivered by Pastor Vinnie Hanke. If you would, please, join us in the community invocation or take this as a moment of silence and reflection. Hanke: Thank you, Mr. Mayor, Members of the City Council. Thanks for the opportunity to come and pray for you to begin your meeting. Would you pray. God, we thank you for the City of Meridian. I ask this humbly on behalf of the City Council that you would grant them wisdom and discernment as they conduct leadership of the city. Would you help them to listen well. Would you help us to be a city of neighbors who love one another and are full of kindness. We ask a blessing on those who serve our city, God, and all the departments here at City Hall, the police force, the fire stations, God, the -- the school teachers -- just across the city, God, would you bless those who give of their service to others. We ask finally that you would be glorified by the City of Meridian through Christ I pray, amen. Thank you, sir. Meridian City Council March 7,2023 Page 2 of 10 ADOPTION OF AGENDA Simison: Thank you. Councilman Borton looks forward to seeing you early morning soon. Next up is adoption of the agenda. Councilman Hoaglun. Hoaglun: Yes, Mr. Mayor. I move approval of the agenda as published. Borton: Second. Simison: Motion and second to approve the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Oppose nay? The ayes have it and the Consent Agenda -- or the agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the February 21, 2023 City Council Work Session 2. Approve Minutes of the February 21, 2023 City Council Regular Meeting 3. Approve Minutes of the February 23, 2023 City Council Joint Meeting with the Ada County Highway District Commission 4. Approve Minutes of the February 28, 2023 City Council Work Session 5. Alliance Dental Care Shell and Core Water Main Easement 6. Winco Wells No. 1 Water Main Easement No. 3 7. Findings of Fact, Conclusions of Law for Dutch Bros Ustick and Eagle (H-2022-0077) by Andrew Bowman, Barghausen Consulting Engineers, Inc., located at the four (4) lots at the southwest corner of N. Eagle Rd. and E. Ustick Rd. intersection 8. Findings of Fact, Conclusions of Law for Franklin Annexation (H- 2022-0090) by The Land Group, Inc., located at 2975 E. Franklin Rd. 9. Development Agreement Revision (Artemisia Subdivision H-2021- 0014) to Clarify Language in the Agreement Between City of Meridian and Idaho Auto Mall LLC for Property Located at 1690 W. Overland Rd. Meridian City Council March 7,2023 Page 3 of 10 10. Addendum to Development Agreement (Modern Craftsman at Black Cat H-2022- 0083) Between City of Meridian and Black Cat Apts LLC for Property Located at 4701 W. Caragana Ln. 11. Approval of Sole Source Purchase of Lone Star Series Blowers from Lone Star Blower and Compressor 12. Memorandum of Agreement between the City of Meridian and Canyon Data, Inc. for Commercial Property Listing Data Simison: Next up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Borton: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. PUBLIC FORUM — Future Meeting Topics Simison: So, the next item is Public Forum. Mr. Clark, did we have anyone sign up on that item? Johnson: Mr. Mayor, we did not. DEPARTMENT / COMMISSION REPORTS [Action Item] 13. Transportation Commission Annual Report Simison: Okay. So, we will move right into Department/Commissioner Reports. Item 13 is the Transportation Commission Annual Report, which will be delivered by their chair Mr. Walter Steed. So, Chairman Steed, it's good to see you. Thank you for being here this evening. Meridian City Council March 7,2023 Page 4 of 10 Steed: Thank you, sir. Mr. Mayor, Council Members, it's good to be here this evening. This is our annual report for 2022. The Transportation Commission was formed by ordinance in February of 2013. The Commission consists of nine appointed commissioners and meets here in the Council Chambers the first Monday of each month. Myself and Jared Smith, were chair and vice-chair in 2022 and were reelected for 2023. Last month we were -- had Joseph Leckie -- last year we had Joseph Leckie with us as a youth commissioner January through August, but he graduated high school and went to the East Coast to go to college and -- and good on him. Hoyoon Song was appointed to his position in October and he has been a very helpful addition to the commission. Other members of the commission are David Ballard, Stephen Lewis, Tracy Hopkins, Ron Lancaster, Tom LeClaire, and Zachary Shoemaker. Representatives from the Idaho Transportation Department District Three, Ada County Highway District, COMPASS, Valley Regional Transit and the West Ada School District all attend our meetings as ex-officio members. Planning division manager Caleb Hood and comprehensive associate coordination planner Miranda Carson provide staff support. Tishra Murray, deputy city attorney, provides legal guidance. January through September Sergeant Justin Dance provided regular traffic issues and concerns from the Meridian Police Department to the Commission. Since October Corporal Randy Goodspeed has provided those updates. City staff provides monthly updates regarding the progress of ITD and ACHD projects, both in design and in construction. Additional city staff and other staff from the ex-officio agencies interact with the Commission on a regular basis, as do members of the public. Regarding what we did last year -- in January a resident John Wheeler presented concerns at the Bri development on Records Avenue south of River Valley. The Commission requested a speed study and crosswalk evaluation from ACHD and ACHD determined no change was warranted with crosswalks. Valley Regional Transit, Alissa Taysom provided us an update on the connected 2.0 Transit Plan in January. In February the Commission heard a presentation from Meridian Planner Brian McClure on the new field sub area plan and Planning Director Caleb Hood on center median options along Ustick Road. The Commission had a lengthy discussion of variable road speeds on Eagle Road and recommended a speed study. The ordinance and development subcommittee of our Commission discussed Meridian parking ordinances and reviewed current conditions of downtown parking. That subcommittee chair Tom LeClaire provided an update to the full Commission. To refresh Commission and update newer Commissioners, Miranda Carson also in February provided a review of the Commission's bylaws and there was a discussion of duties and powers. In March Commissioner Stephen Lewis presented on enhanced pedestrian crossings, which the ACHD pedestrian advisory group was considering in the valley and solicited feedback from fellow Commissioners to take back to that group. In May ACHD's Meg McCarthy gave us a presentation on the ACHD bicycle advisory committee. Per citizen request there was also a discussion on crosswalks on Stockenham and consideration of adding compression brake signs on Linder. In June the Mayor was gracious enough to come talk to the Commission regarding the state of the city transportation review. A citizen concern regarding compression brake usage on Linder was further discussed with input from ACHD and city staff. Austin Miller from ACHD presented on the agency's capital improvement plan and impact fee ordinance. Resident Samantha Craig presented on concerns regarding Meridian City Council March 7,2023 Page 5 of 10 a pathway crossing on Amity and the Commission recommended an enhanced crossing be considered by the prioritization subcommittee for inclusion in the city's integrated five year work plan. Discussion began on citizen concerns about a micro path in the Raven Hill Subdivision. In August I provided an update on the ACHD Capital Investment Citizens Advisory Committee's work on the ACHD Impact Fee Ordinance and resident concerns were heard regarding U-turns on Chinden at Linder and no parking signs in the Woodbridge neighborhood were also discussed. Resident concerns of a crossing at Black Cat and Gondola were discussed and the Commission recommended an enhanced crossing be included in the city's IFYWP request. In September commissioners and staff were given a tour of the ACHD traffic operations center and the sign shop. The tour also included an overview of current traffic signal operations in Ada County. Moving to October Elaine Clegg and COMPASS planner Lila Klopfenstein provided a presentation on the history and possible future of local and interstate railway in the Treasure Valley. COMPASS planner Hunter Mulhall provided us a presentation on 1-84 operations corridor plan. There was a lengthy discussion on the citizen inquiry in regard to speed limit signs and a crosswalk on Lost Rapids Drive near Bird Park. The Commission recommended MPD and ACHD staff collect and review speed data on that area. The Commission recommended a painted crosswalk be considered by the prioritization subcommittee for inclusion in the city's request. In November Lost Rapids Drive speed data from MPD and ACHD was received, reviewed and discussed. The Transportation Commission requested ACHD follow up with neighbors regarding traffic calming and do a crosswalk evaluation at San Vito and Lost Rapids. There was also discussion regarding additional parking at Bird Park. Ms. Carson provided a primer on the city's annual transportation project prioritization efforts. They were set to kick off with staff later in the month and -- and begin with the Commission in December. The subcommittee had a lengthy meeting in late November to begin setting that transportation projects list as part of the IMFYWP process. In December Ashley Ferguson, the owner of The Griddle, approached us with a request to have a crosswalk installed and the speed limit reduced on Celebration Avenue due to concerns about pedestrian safety. The Commission recommended several actions and city and ACHD staff began to work through these issues of what might be possible. The Commission reviewed the roads and intersections -- section of the IFYWP list. In your packet you have a link to our minutes. Any of you that would like to look at any more detail if any of those would be certainly welcome to do so. We want to be sure and remind you that we are grateful for the opportunity to serve on this commission, to provide service to the citizens of the city and the City Council regarding transportation systems in the community. I would be happy to attempt to answer any questions. Simison: Thank you, Walter. Council, any questions or comments? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Chairman Steed, appreciate the very comprehensive report and I also just want to commend you, too, for also recognizing the good work of staff. One thing I love Meridian City Council March 7,2023 Page 6 of 10 about our commissions is the good partnership between our staff and Caleb and Miranda are no exception there. Their work with you is always to be commended and I appreciate you being here tonight. For the Council's benefit -- I know Chairman Steed knows this -- I think I was the last ex-officio Council Member to serve on the Transportation Commission and during that time one of the things that I really applauded was that the Commission was looking to be less reactive and more proactive in their engagement around transportation initiatives and I'm just curious to get your, you know, input, Chairman Steed. Is that continuing to work out? How is the general feel of the Commission and what can we on the City Council do to continue to support your great work? Steed: Mr. Mayor, Councilman, thank you for the question. We want to be relevant. We don't do this just to come spend a couple of hours down here sitting in the City Council Chamber. We want to have citizens bring us questions, issues, Council people, staff and sometimes it may look like we talk them to death and because of the once a month meeting it may look like it takes forever for us to get to some point. But quite often being empirically driven we are asking staff and ACHD and ITD to get us more information so we can understand what the situation actually is. I would like to see ex- officio Council back at our Commission meetings. It's very helpful I think for both of us to ask for what that particular member might believe the Council would do on a particular item we are thinking about or they can take information back to you in a more informal basis. So, it wouldn't bother myself if that were to reoccur. We do want to be relevant. We do want to be proactive. We don't go looking for trouble. It's things that come to us -- or things that we see sometimes. We drive around the city as well. Simison: Thank you. And -- and there are some initiatives that you all are looking at to be proactive and, you know, it's come to my attention recently maybe discussions about speed limits in neighborhoods is back on the Commission's consideration. Other things. So, definitely you have an interest in what is going on in the community. Steed: We do. Simison: Council, any additional questions or comments? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: You brought up the -- Ashley's question over by -- at The Griddle and the -- over by Majestic. Do you feel that -- one, I know her well, so I -- the -- the discussion was appreciated greatly that -- that she had before the Commission. But do you think that issue was resolved or -- or were there -- were there any remedies implemented or is it not complete? Steed: Mr. Mayor, Councilman, it's not resolved. It's back on our agenda for next month. We have -- ACHD has recommended to us not to act on it, but at least to tell us Meridian City Council March 7,2023 Page 7 of 10 their thinking about marking no parking between The Griddle's driveway back to Overland. Right now it is not marked no parking, but it's a three lane wide street that doesn't have room for any parking. So, they are looking at -- at signing that in a more practical way. We also ask ACHD to relook at their decision several years ago to strip parking on the north side of the east-west part of Celebration and they are looking into that. We would like to get additional parking places there. I had a suggestion which was that the tavern behind The Griddle and possibly the Griddle people could work out some arrangement where Griddle patrons or staff could park in that parking lot, whether it's for compensation or not whether or not that's gotten back to those owners I'm not sure. They do have a parking problem. They don't have the number of parking spaces in their lot that would be currently required had that come before the city for approval at this time. So, we understand that there is a problem. We don't have a single solution yet, but we have several things that we are looking at through both the city and ACHD, sir. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: That's a great example of why our parking requirements are based in what very well may be necessary for a business to be successful. If you fall short it can strangle a commercial development and if you want an example of being relevant and having a big impact, that's having a big impact. That's not only solving problems for those businesses to survive, but it's a safety issue for pedestrians and vehicles trying to drive in and around that area. So, the solutions you are talking about literally changes lives for the individuals who -- who participate in those businesses. So, thanks for taking the time to do so and for following up. I'm glad it's on the agenda next month, too. Steed: Mr. Mayor, Council Member, it is and we are -- we are going to work it some more until we get to a conclusion with the city you can, you can't. With ACHD we can, we can't. But we are looking at it and working on it again. It seems like it takes us forever to work through these things, because first meeting is the question, the second meeting is some data, probably a third meeting before we start talking about what might occur. But thank you. Simison: Council, any additional questions or comments? All right. Well, thank you, Mr. Chairman, for being here and Mr. Lancaster, who showed up with a -- a plus one for support and -- and -- and the famous Mr. Hood, who is one of the power -- power people in commercial development in Idaho in the room. So, you brought a -- a real team. Appreciate it. Steed: Mr. Mayor, if I may, and, Council, just --just reiterate what you said. It's the staff that really makes this work. Both ITD, ACHD, city, we really rely upon them for data and we really appreciate the time they give us. They are never selfish. But thank you all. Meridian City Council March 7,2023 Page 8 of 10 ACTION ITEMS 14. Public Hearing for Sagecreek Subdivision (SHP-2023-0001) by Mason and Associates, located at 1554 S. Labrador Way A. Request: Short Plat to subdivide an existing commercial lot (R8257510090) into two (2) building lots on approximately 0.929 acres of land in the C-C zoning district. Simison: Thank you. Okay. With that we will move on to Item 14, which is a public hearing for Sagecreek Subdivision, SHP-2023-0001, and we will open this public hearing with staff comments from Stacy. Hersh: Good evening, Mayor and City Council. The applicant has submitted a short plat for Sagecreek Subdivision. This site consists of 0.92 acres of land and it's currently zoned C-C and it's located at 1554 South Labrador Way. Currently the history on the property is governed by an existing development agreement and a certificate of zoning compliance and design review was approved for a building to the south fronting Overland Road. The Comprehensive Plan FLUM designation is mixed-use community. The applicant is proposing to subdivide Lot 4, Block 2, of the Swindle Subdivision into two building lots and the perimeter landscape was installed with the previous subdivision improvements. Lot 2, Block 1, is currently developed with a new 5,595 square foot two-story office building and associated site and landscape improvements and that includes the actual parking lot as well. It would be the plan to -- on your right to once -- once this lot is subdivided -- subdivided, the remaining lot will accommodate a feature office commercial use and that would require certificate of zoning compliance and design review before commencing construction on the new lot to the north. To ensure there is adequate parking for the site and shared access is provided staff recommends the applicant add a plat note granting cross-access and shared parking between the two lots. Further direct lot access is prohibited from East Overland Road in accordance with the UDC. There was no written testimony for this and staff does recommend approval with the conditions listed in the staff report and I stand for any questions. Simison: Thank you, Stacy. Council, any questions for staff? Okay. Is the applicant here this evening? If you would like to come forward and state your name and address for the record, be recognized for 15 minutes, or as much time as you would like to consume. Morehouse: My name is David Morehouse. I represent the owner John Malan and we just completed the construction of his building that was described and really all I'm here for is to answer any questions there may be. Simison: Thank you. Council, any questions for the applicant? Strader: Mr. Mayor? Meridian City Council March 7,2023 Page 9 of 10 Simison: Council Woman Strader. Strader: Hi, Mr. Morehouse. Just curious if you could indicate -- you don't have to, but is there any indication of the type of tenant that we could expect to see here? Morehouse: Not at this time. There has been some interest from another -- Dr. Malan is Owyhee Oral Surgery and so it would be a hand-selected -- something complementary so that the parking and everything would work. But we don't have anybody identified at this moment. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Yeah. That makes sense. Medical tenants like to co-locate together. So, appreciate that insight. Thanks. Simison: Council, any additional questions? All right. Mr. Clerk, did we have anyone signed up on this item? Johnson: We did not. Simison: Okay. Well, if there is anybody present that would like to provide testimony on this item if you would like to come forward at this time or anybody online if you would like to provide testimony you can use the raise your hand function on Zoom. Seeing no one raising their hand or no one coming forward, would the applicant like to make any final comments or -- okay. Applicant waives. Council, what's your pleasure, direction? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Pretty straightforward short plat here. I will make a motion we close the public hearing on SHP-2023-0001. Strader: Second. Cavener: Second. Simison: I have a motion and a second to close the 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. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Mr. Mayor? Meridian City Council March 7,2023 Page 10 of 10 Simison: Councilman Borton. Borton: In light of the applicant's presentation and the staff report, it all seems appropriate and justified. I will make a motion to approve the short plat application 2023-0001 as presented in the staff report of March 7th, 2023. Strader: Second. Simison: Have a motion and a second. Do I have discussion on the motion? If not, Clerk call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, absent. Simison: All ayes. Motion carries and the item is agreed to. Thank you very much and good luck. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Anything under future meeting topics, Council, or do I have a motion to adjourn? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Move that we adjourn. Simison: 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 6.23 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 3-14-0223 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. i CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: March 7, 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 February 21, 2023 City Council Work Session Meridian City Council Work Session February 21,2023 Page 20 of 20 Simison: And I will just add that for some of us that starts on Friday. Lavoie: Yes, it does. Simison: Council, any other questions or comments? All right. Well, thank you, Todd. And, again, thank you to the whole Finance Department for all the work on helping keep us all in the black, because that's where we prefer to be. Lavoie: Appreciate it. Thank you. Simison: Thank you. All right. With that do I have a motion? Hoaglun: Mr. Mayor, I move that we adjourn the work session. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. And we will see you back here at 6:00 o'clock. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 5:36 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 3-7-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 3-7-2023 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the February 21, 2023 City Council Regular Meeting Meridian City Council February 21,2023 Page 12 of 12 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I would think the applicant and the homeowner can work that out. I mean vinyl fences are usually typical, but I don't think there is anything out of the ordinary for that. I think the homeowner would find that acceptable to have vinyl fence. So, with the agreement of the second, I would amend it to include a six foot vinyl fence. Overton: Second agrees. Simison: Okay. First and second agree. Any further discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, absent; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Or do I have a motion to adjourn? Hoaglun: Move to adjourn. Simison: 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 6.34 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 3-7-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 3-7-2023 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the February 23, 2023 City Council Joint Meeting with the Ada County Highway District Commission Meridian City Council-ACHD Joint Meeting February 23,2023 Page 27 of 27 Simison: Touche. Commissioner Goldthorpe. Goldthorpe: Interesting that Joe should say that, but the comment was made about everybody goes through Meridian where ever they are going and that is an absolute fact. In fact, I remember when the previous mayor was trying to put some really huge emphasis on that with regards to Meridian Road and that part of the county and I think she used the comparison to a toilet flushing twice a day and it was -- it was very graphic, it made the point and we got the message. One of the things that -- that you suffer from -- and I use that term sincerely -- is the huge -- huge influx of vehicles that come through your city twice a day that come from outside of Ada county and that's something that we are trying desperately to receive some acknowledgement and compensation for, so that we can accommodate that faster and more. It will never come fast enough and this year is probably not when it's going to come, trust me. But we hear you. We know it. Thank you. Simison: Thank you, Commissioner. Any additional questions or comments? All right. Pickering: Mr. Mayor? Mr. Mayor? Simison: Commission President Pickering. Pickering: I just want to say thank you to you, Mr. Mayor, thank you to staff, thank you to Council Members. I really appreciated your questions and your feedback. I just -- yeah, we will definitely incorporate all of those thoughts and continue to improve and hopefully deepen our partnership with you all, so we can better serve each other and just thank you for the opportunity. Appreciate it. Simison: I think we agree as well. So, appreciate you having the dialogue and the presentations from staff and updates on -- on all that stuff. It's all very good and look forward to continued partnership on stuff. So, with that do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we -- that we adjourn our joint meeting. Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:33 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 3-7-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 3-7-2023 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the February 28, 2023 City Council Work Session Meridian City Council Work Session February 21,2023 Page 22 of 22 Strader: Mr. President? Hoaglun: Council Woman Strader. Strader: I move that we adjourn the meeting. Hoaglun: There is a motion adjourn. All those in favor signify by saying aye. Any opposed? We are adjourned. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:29 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Robert E. Slmison, Mayor 3-7-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 3-7-2023 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Alliance Dental Care Shell and Core Water Main Easement ADA COUNTY RECORDER Trent Tripple 2023-013737 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 03/09/2023 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE 1 Alliance Dental Care Shell and Core Water Main WATER MAIN EASEMENT THIS Easement ee et, made this 7th day of March 20 23 between RJM Real Estate, L ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide` water main right-of-way across the premises and property hereinafter particularly bounded andescri e ; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed y others; WHEREAS, it will be necessary to maintain and service sai i eli es from time to time by theGrantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A an ) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together i their maintenance, repair and replacement at the convenience of the Grantee, with the free rightof access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and'assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and betweenthe parties hereto,that after making repairs or performing other maintenance, Grantees all restore the area of the easement jcet property; to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, ees,brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes state herein. GRANTORTHE covenants and agrees with the Grantee that should any part of the right-of- way easement hereby grantedshall become part of, or lie within the boundaries of any Water Main Easement Version 0 1/ 1/2020 public street, then, to such extent, such right of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ILI c STATE OF IDAHO ) j ss County of Ada j This record was acknowledged before me on^l J131z3� (date) by_k-a ox r✓l+ c (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of _1Q--TM (Leal Lt-c. (name of entity on behalf of whom record was executed), in the following representative capacity: f'PGLnaa !24 YK-x / (type of authp,rity such as officer or trustee) (stamp) Not Signat&c My Commission Expires:1W !�J 2a21 RANDI-L1N PAIZ ' Notary Public-State of Idaho Commission Number 20212569 My Commission Expires May 24,2027 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-7-2023 Attest by Chris Johnson, City Clerk 3-7-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 3-7-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Version 01/01/2020 PORTSIDE LAND SURVEYING , LLC EXHIBIT A City of Meridian Water line Easement An easement across a parcel of land being Lot 3, Block 2,TM Creek Subdivision No. 1, Book 110 of Plats, Page 15664, Records of Ada County, said parcel being located in the Northwest Quarter of the Northwest Quarter of Section 14,Township 3 North, Range 1 West, Boise Meridian, said parcel more particularly described as follows: Commencing at the Northwest corner of said Section 14, from which the West quarter corner of said Section 14 bears South 00°33'33" West a distance of 2658.39 feet, thence along the West line of said Section 14, South 00°33'33"West a distance of 392.01 feet to a point; thence South 89°26'50" East a distance of 48.00 feet to the Northwest corner of said Subdivision;thence along the North line of said Subdivision, South 89°26'50" East a distance of 353.35 feet to the Northeast corner of said Subdivision; thence along the East line of said Subdivision,South 00°33'10" West a distance of 398.61 feet to the Northeast corner of said Lot 3; thence along the North line of said Lot 3, North 89°26'50" West a distance of 176.42 feet to the Northwest corner of said Lot 3;thence along the West line of said Lot 3,South 00°33'10" West a distance of 25.50 feet to a point on the South line of a 51 foot wide public utilities easement as shown on the plat of said Subdivision, the True Point of Beginning. Thence along the South line of said easement, South 89°26'50" East a distance of 21.60 feet; Thence South 00°33'10" West a distance of 10.00 feet; Thence North 89°26'50" West a distance of 21.60 feet to a point on the West line of said Lot 3; Thence North 00033'10" East a distance of 10.00 feet to the point of beginning. Said easement containing 216 Sq. Ft., more or less End Description Project No. 22-145 Prepared November 22, 2022 1.LAN %ST R s 9G 0 722 7D N�A �O vov' Fs R PR��G� 3626 W. Hill Rd. Boise, ID 83703 (208) 484-6666 jim(portsidesurvey.com it s89°26'50"e 21. °Y 3 � o 0 0 0 C N 21.6 n89'26 0 w Water line easement 11/16/2022 Scale: 1 inch= 4 feet File: Tract 1:0.0050 Acres(216 Sq.Feet),Closure:n00.0000e 0.00 ft.(1/999999),Perimeter=63 ft. 01 s89.2650e 21.6 02 s00.3310w 10 03 n89.2650w 21.6 04 n00.3310e 10 7�, 10 11 SECTION CORNER EXHIBIT B 15 14 P.O.C. FOR A WA TER LINE EASEMENT A CROSS A POR TION OF L O T 3, BL OCK 2, TM CREEK SUBDI W SION No. 1, L OCA TED IN THE NW 114 OF THE NW 114 OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO c6 o N SCALE: 1"=30' w3 I 8 1/2 X 11 SHEET ONLY L S 89'26'S0" E S 89'26'50" E 353.35' Z Mai 48.00' o N.W. CORNER TM CREEK SUB. No. I LEGEND cn / c6 — — SECT70N LINE 15 14 QUARTER CORNER LOT 3 PROPERTY LINE 3 PARCEL LINE LOT 6, BLOCK 2 q — — — ——— — NEW EASEMENT LINE to EXIS17ING EASEMENT LINE o W. FRONTL/NE LANE(PR/VA TE) o P.O.B. POINT OF BEGINNING N 89'26'50" W 176.42' c" OF DESCRIPTION �S 00'33'10" W P.O.C. POINT OF COMMENCEMENT 25.50' 25.5' h OF DESCRIPTI0N Q %Sr L3 4i Z N 2 22 v LOT 3, BLOCK 2 Q o TM CREEK SUB. No. 1 270 S TEN MILE RD v OF R.P LINE J BEARING I DISTANCE I L2 IS 00 33''10 W I i 0 000 I PORTS/DE LAND SURVEYING L3 I N ' ' 21. 0 00 L4 N 00'3333 10" E I 3626 W. HILL ROAD, BOISE, ID 83703 10 E 10.00 PHONE.• (208) 484-6666 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Winco Wells No. 1 Water Main Easement No. 3 ADA COUNTY RECORDER Trent Tripple 2023-013739 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 03/09/2023 08:07 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-223-0029 Winco Wells No. 1 Water Main Easement No. 3 WATER A EASEMENT THIS Easement Agreement, made this 7th -day of March 20 23 between CRP/MHS Seasons Meridian Owner,LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee')- ' WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee, NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance._However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01101/2020 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: (ZA- STATE OF D-A) ) ss County of C4urk- ) mS 17a,vve2 This record was acknowledged before me on 02/2:k/%3 (date) by Ryan Morgan (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of CRP/MHS Seasons Meridian Owner, LLC(name of entity on behalf of whom record was executed), in the following representative capacity: Manager (type of authority such as officer or trustee) (stamp) Off_ SHANE MCCLELLAND SUNN Notary Signature NOTARY PUBLIC My Commission Expires:.og l-2 s L2!EW STATE OF COLORADO NOTARY ID 20204033491 MY COMMISSION EXPIRES 02/2512024 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-7-2023 Attest by Chris Johnson, City Clerk 3-7-2023 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 3-7-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Version 01/01/2020 LEGAL DESCRIPTION .A' P-t - HE Page 1 of 3 � 1W. 4 � 4 LAND �- - GROUP January 30, 2023 Project No.: 120124 EXHIBIT A WATER EASEMENTS WINCO WELLS SUBDIVISION No.1 MB OVERLAND WELLS, LLC EASEMENT-1 An easement located Lot 1 of Winco Wells Subdivision No. 1, recorded in Book 125 of Plats at Pages 19938-19941,Ada County records,situate in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant);thence on the south line of said Section 17, North 89°46'00" East,690.84 feet;thence leaving said south line, North 00°14'00"West, 76.28 feet to a point common with the said northerly right of way line of East Overland Road,and the Southwest corner of said Lot 1;thence North 00°24'05" East, 63.50 feet on the westerly boundary line of said Lot 1;thence leaving said westerly boundary line, South 89°35'55" East,84.73 feet to a point on an existing sewer and water easement, recorded as Instrument No. 2022-082532,Ada County records and the POINT OF BEGINNING of EASEMENT-1: Thence North 00° 26'03" East, 33.00 feet; Thence South 89' 34'47" East, 10.00 feet; Thence South 00° 26' 03" West, 33.00 feet to a point on the said existing sewer and water easement; Thence North 89°35' 55"West, 10.00 feet on the said existing sewer and water easement to the POINT OF BEGINNING of EASEMENT-1. The above-described easement contains 330 Ft2 more or less. TOGETHER WITH EASEMENT-2 1 An easement located Lot 1 of Winco Wells Subdivision No. 1, recorded in Book 125 of Plats at Pages 19938-19941,Ada County records, situate in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant); thence on the south line of said Section 17, North 89°46'00" East, 690.84 feet; thence leaving said south line, North 00°14'00" West, 76.28 feet to a point common with the said northerly right of way line of East Overland Road, and the Southwest corner of said Lot 1; thence North 00°24'05" East, 348.35 feet on the westerly boundary line of the said Lot 1;thence leaving said westerly boundary line,South 89°35'55" East,324.47 feet to a point on an existing sewer and water easement, recorded as Instrument No. 2022-082532,Ada County records and the POINT OF BEGINNING of EASEMENT-2: I January 30, 2023 Page 2 Thence North 00' 24'05" East, 10.00 feet on the said existing sewer and water easement; Thence leaving said existing sewer and water easement,South 89°35' 55" East, 27.00 feet; Thence South 00' 24' 05" West, 10.00 feet; Thence North 89' 35' 55" West, 27.00 feet to a point on the said existing sewer and water easement and the POINT OF BEGINNING of EASEMENT-2. The above-described easement contains 270 Ft' more or less. TOGETHER WITH EASEMENT-3 An easement located Lot 1 of Winco Wells Subdivision No. 1, recorded in Book 125 of Plats at Pages 19938-19941,Ada County records, situate in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant); thence on the south line of said Section 17, North 89°46'00" East, 690.84 feet;thence leaving said south line, North 00°14'00"West, 76.28 feet to a point common with the said northerly right of way line of East Overland Road, and the Southwest corner of said Lot 1; thence North 00°24'05" East, 440.60 feet on the westerly boundary line of said Lot 1;thence leaving said westerly boundary line, South 89°35'55" East, 265.58 feet to a point on an existing sewer and water easement, recorded as Instrument No.2022-082532,Ada County records and the POINT OF BEGINNING of EASEMENT-3: Thence North 00° 24' 05" East, 10.00 feet; Thence South 89' 35' 55" East, 28.89 feet to a point on the said existing sewer and water easement, recorded as Instrument No, 2022-082532,Ada County records; Thence South 00°24'05" West, 10.00 feet on the said existing sewer and water easement; Thence leaving the said existing sewer and water easement, North 89' 35' 55" West, 28.89 feet to the POINT OF BEGINNING of EASEMENT-3. The above-described easement contains 289 Ftz more or less. TOGETHER WITH EASEMENT-4 An easement located Lot 1 of Winco Wells Subdivision No. 1, recorded in Book 125 of Plats at Pages 19938-19941,Ada County records,situate in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant); thence on the south line of said Section 17, North 89°46'00" East, 690.84 feet;thence leaving said south line, North 00'14'00" West, 76.28 feet to a point common with the said northerly right of way line of East Overland Road, and the Site Planning•Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100•Eagle,Idaho 83616•P 208.939.4041•www.thelandgroupinc.com January 30, 2023 Page 3 Southwest corner of said Lot 1; thence North 00°24'05" East, 624.34 feet on the westerly boundary line of said Lot 1;thence leaving said westerly boundary line, South 89°35'55" East,324.47 feet to a point on an existing sewer and water easement,recorded as Instrument No. 2022-082532,Ada County records and the POINT OF BEGINNING of EASEMENT-4: Thence North 00' 24' 05" East, 10.00 feet on the said existing sewer and water easement, recorded as Instrument No. 2022-082532, Ada County records; Thence leaving the said existing sewer and water easement, South 89' 35'55" East, 27.00 feet; Thence South 00'24'05" West, 10.00 feet; Thence North 89' 35' 55" West, 27.00 feet to a point on the said existing sewer and water easement and the POINT OF BEGINNING of EASEMENT-4. The above-described easement contains 270 Ft' more or less. TOGETHER WITH EASEMENT-5 An easement located Lot 1 of Winco Wells Subdivision No. 1, recorded in Book 125 of Plats at Pages 19938-19941,Ada County records, situate in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant); thence on the south line of said Section 17, North 89°46'00" East, 690.84 feet;thence leaving said south line, North 00°14'00"West, 76.28 feet to a point common with the said northerly right of way line of East Overland Road, and the Southwest corner of said Lot 1; thence North 00'24'05" East, 756.03 feet on the westerly boundary line of said Lot 1; thence leaving said westerly boundary line, South 89'3S'S5" East, 58.00 feet to a point on an existing sewer and water easement, recorded as Instrument No.2022-082532,Ada County records and the POINT OF BEGINNING of EASEMENT-5: Thence North 00'24'05" East, 10.00 feet on the said existing sewer and water easement; Thence South 89'35' 55" East, 31.32 feet; Thence South 00' 24' 05" West, 10.00 feet; Thence North 89' 35' 55" West, 31.32 feet to a point on the said existing sewer and water easement and the POINT OF BEGINNING of EASEMENT-5. The above-described easement contains 313 Ft'more or less. Prepared by: AL LA The Land Group, Inc. ti�� S Michael S. Femenia, PLS o ,.t a 1 5 r 1 �'e OF � �47,s 01/30/2027 ,f9 Site Planning•Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100•Eagle,Idaho 83616•P 208.939.4041•www.thelandgroupinc.com d Zb9E0 o4ePl ueIPPaW ��OR 6 a G� peoy puepan01se300LZ ( f P U mpiaaw 10 A113 SJUBWOse3 aaleM p °`°°' E'i I r �S �n—�—'�•�. .—_� —.... ..CNN—x4v.�w--yry�.xYyY k -------- J L---------------------------------- ---- -------------------- I ' k I I I I � I � „ I I j I 9�� I � � i arrzc�ssscass 11— 1 J I I I c It i r� !—� 9=a 1 I All .jAu6� 311 I 41 J ova °+p�;. i y -- m CO W m � o� amao � � � � asasssa4a � se $ asga � 2 00 q W — O — — — O m r w LOU € C a � O � c E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Dutch Bros Ustick and Eagle (H-2022- 0077) by Andrew Bowman, Barghausen Consulting Engineers, Inc., located at the four (4) lots at the southwest corner of N. Eagle Rd. and E. Ustick Rd. intersection CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-~' AND DECISION&ORDER In the Matter of the Request for a modification to the existing Development Agreement(H- 2019-0082, Inst. #2019-121599) to update the existing concept plan; and conditional use permit to construct a new 1,154 square foot restaurant with associated drive-through on approximately 1.2 acres of land in the C-G zoning district,by Andrew Bowman,Barghausen Consulting Engineers,Inc. Case No(s). H-2022-0077 For the City Council Hearing Date of. February 14,2023 (Findings on March 7, 2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 14,2023, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 14,2023, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of February 14, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 14, 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. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(DUTCH BROS USTICK&EAGLE MDA,CUP-FILE H-2022-0077) - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 14,2023,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 Development Agreement and Conditional Use Permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 14,2023,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(DUTCH BROS USTICK&EAGLE MDA,CUP-FILE H-2022-0077) -2- E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of February 14,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(DUTCH BROS USTICK&EAGLE MDA,CUP-FILE H-2022-0077) -3- By action of the City Council at its regular meeting held on the 7th day of March 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 3-7-2023 Attest: Chris Johnson 3-7-2023 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 3-7-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(DUTCH BROS USTICK&EAGLE MDA,CUP-FILE H-2022-0077) -4- EXHIBIT A STAFF REPORT E IDIAN�. COMMUNITY DEVELOPMENT DEPARTMENT J A H HEARING February 14, 2023 Legend ----- ------ DATE: Project Location TO: Mayor&City Council FROM: Stacy Hersh,Associate Planner 208-884-5533 SUBJECT: H-2022-0077-Dutch Bros Ustick& E-USTIC ® E-USTICKAD`' Eagle MDA,CUP W LOCATION: 3117 E.Ustick Rd., in the NE 1/4 of W i - W ' Section 5,Township 3N.,Range lE. Z W a } _Z W ; (Parcel#R9161790045) - BUJ a W e j' Z 3 a U Z W LN ; Z I. PROJECT DESCRIPTION The Applicant has submitted an application for a modification to the existing Development Agreement(H- 2019-0082, Inst. #2019-121599)to update the existing concept plan; and conditional use permit to construct a new 1,154 square foot restaurant with associated drive-through on approximately 1.2 acres of land in the C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 3.29-acre property(MDA Agreement); 1.194(Conditional Use Permit) Future Land Use Designation MU-R(mixed-use regional) Existing Land Use Vacant/undeveloped Proposed Land Use(s) Dutch Bros.Coffee(restaurant with a drive-through) Current Zoning C-G Physical Features(waterways, The Milk Lateral runs along north and east boundaries of site hazards,flood plain,hillside) Neighborhood meeting date;#of 9/27/2022;4 attendees attendees: 010 Page 1 Description Details Page History(previous approvals) MDA H-2019-0082(DA#2019-121599);PP H-2020-0104 (Wadsworth Meridian Subdivsion)A-2019-0376;A-2021- 0010(site improvements)A-2021-0012(CZC/DES);PBA- 2021-0020(Property Boundary Adjustment);MDA H-2021- 0104(Denied) B. Community Metrics Description Details Ada County Highway Not yet received District • Staff report(yes/no) Not yet received • Requires ACHD No Commission Action (yes/no) Traffic Impact Study No es/no Access Access is proposed from E.Bourbon Street via E.Ustick Road. at the west boundary of the (Arterial/Collectors/State site. Hwy/Local)(Existing and Proposed) Trip Generation C. Project Area Maps Future Land Use Map Aerial Map Legend 0 0 Legend Project Location Project Location r �_,' V LA a oy_ Z Zs. MU-C E USTIC E USTICK RD i,- E'USTICK R^ rE USTICK�RD—`- E _ E r• W— TECATE ►' � r TECATE J LN J MU-RG - JW_ } z C7 E �. MODELO Q< i -J 3 c� W LN W J Z r Z Z Z .v S Page 2 Zoning Map Planned Development Map Legend 0 Legend Project Location Project Location �® �z-. City Limits U —Planned Parcels F- C-N CGL _ E USTIC -E USTICK RD E-US-TIC - E-USTICK-RD TE AT � a E I R-2 E .-- G LN � p R-8 -, Q J J J ' w 3 (� E / 0 E R 8 Z Q MODELO W R-2 " W LN LN z Z R/� R-15 RUT Z, ,, _ ___ =R1�1 Y R-2 III. APPLICANT INFORMATION A. Applicant: Andrew Bowman,Barghausen— 18215 72°a Avenue South,Kent WA 98032 B. Owner: Leo Betz,Wadsworth Development Group— 166 East 14000, South, Suite 210,Draper,UT 84020 C. Agent/Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 11/30/2022 1/29/2023 Radius notification mailed to properties within 300 feet 11/13/2022 1/26/2023 Public hearing notice sign posted 12/28/2022 2/2/2023 on site Nextdoor posting 11/28/2022 1/30/2023 V. COMPREHENSIVE PLAN (HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAl�: Land Use: This property is designated Mixed Use—Regional(MU-R)on the Future Land Use Map(FLUM). 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 Page 3 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 subject site is part of a much larger MU-R area along the Eagle Road corridor that includes a mix of residential and commercial uses. Therefore, Staff believes the proposed project is generally consistent with the MU-R designation. COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /g compplan): Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Plan for an appropriate mix of land uses that ensures connectivity, livability, and economic vitality."(3.06.02) The proposed use will contribute to the mix of uses in this area that ensure the livability and economic vitality of the community. • "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 subject mixed-use area currently contains a number of retail, restaurant, office, and residential uses and will eventually include a multi family development directly to the west. To the north are a number of big box stores (Kohl's, Dick's, and Hobby Lobby) and the new Brickyard vertically integrated development; to the northeast is Lowe's and various other commercial and restaurant buildings; to the east is Trader Joes's, multiple restaurants, and the Verraso townhomes; and to the southeast are traditional garden style apartments, restaurant users, and The Village. The proposed Dutch Bros. coffee restaurant will contribute to the mix of uses in this area and provide a drive-through coffee chain option to area residents within close proximity to nearby residential developments. The proposed use will also provide employment opportunities to nearby residents. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A). A 10 foot wide pathway is proposed within the buffer along the entire frontage off. Eagle Rd and was constructed under the approved CZC(A-2021-0010). There is a 5-foot wide detached sidewalk within the landscape buffer to Ustick Road per the conditions of approval in the existing CZC. The sidewalk will connect to the multi-use pathway at the intersection of Ustick and Eagle Road. Minimum 5-foot wide sidewalks will be required adjacent to all commercial buildings within the Wadsworth Meridian Subdivision development and along the main driveways within the site for pedestrian connectivity and easy access within the mixed-use development. • "Minimize noise, lighting,and odor disturbances from commercial developments to residential dwellings by enforcing city code."(5.01.0117) Operation of the proposed use should comply with City ordinances pertaining to noise, lighting, and odor disturbances. VI. STAFF ANALYSIS A. PROPERTY HISTORY In 2019, a DA Modification was approved to remove the subject site from the original DA to enter into a new one specific to this site(H-2019-0082,DA Inst. #2019-121599). Subdivision approval was granted consisting of 5 commercial building lots. Several administrative approvals have been granted on the subject site: A-2019-0376&A-2021-0010(CZC for the parking lot, landscaping, and other relevant site Page 4 improvements); A-2021-0012 (CZC and Design Review approval of the southwest multi-tenant building); PBA-2021-0020 (boundary adjustment to remove a lot along the north boundary creating 4 buildable lots instead of 5). In 2022,the City Council held a public hearing to consider the Applicant's request to modify the existing Development Agreement(MDA) (H-2021-0104)for the purpose of updating the concept plan to show two-drive-through uses along the north boundary instead of two larger commercial buildings. The proposed concept plan,ingress, egress,and internal traffic circulation was found to be detrimental to the community. After carefully considering all the testimony received and all the information in the record, the City Council found that the Applicant failed to demonstrate that the Applicant's proposed new plan was superior to the existing one therefore, City Council denied the application which has necessitated the need for the applicant to reapply for another amendment. B. DEVELOPMENT AGREEMENT MODIFICATION(MDA) The existing concept plan within the approved Development Agreement(DA) (Inst. #2019-121599) depicts four buildings on the subject site (Exhibit VLA below)with the two closest to the north boundary and Ustick Road being multi-tenant buildings or similarly sized commercial buildings. Since this concept plan was approved the property has changed ownership and according to the new owners,the existing concept plan is not best suited for site development. Therefore,the Applicant is requesting to modify the existing DA for the purpose of updating the concept plan to show a Dutch Bros. Coffee restaurant with drive-through use along the northwest boundary instead of one larger commercial building. None of the existing provisions contained within the recorded DA preclude additional drive-through uses from occurring on the property—the approved multi-tenant building in the southwest corner of the site is approved with a drive-through. Because of this existing drive-through approval,the request would conceptually allow two (2)drive-throughs within this project. The new drive-through shown on the updated conceptual development plan will need to obtain Conditional Use Permit(CUP)approval prior to submitting for building permits because of the existing drive-through noted. In addition,the proposed concept plan shows a reduction in commercial square footage due to a smaller footprint proposed for the Dutch Bros site. Access to the development is existing via a drive aisle connection to a shared driveway from E. Ustick Rd. approved with the Centrepointe Mixed-Use MDA(H-2022-0035) along the west boundary of the site and a recorded cross-access easement via N. Centrepoint Way,N. Cajun Ln. and E. Seville Ln. The Applicant is not proposing any revisions to the ingress/egress for the overall site but access to Centrepoint Way to the west is indirect until such time the property to the west develops. Within the site, preliminary analysis shows that there should be ample parking for the four(4)proposed buildings and their uses(three restaurants, one multi-tenant retail building, and one urgent care/clinic) and internal circulation shown on the concept plan should meet all requirements of the UDC. C. CONDITIONAL USE PERMIT(CUP) Conditional use permit for a new 1,154 square foot dual drive-through Dutch Bros. coffee restaurant on approximately 1.2 acres of land in the C-G zoning district to allow the requested drive-through use within 300 feet of another drive-through facility. Specific Use Standards(UDC 11-4-3): The proposed use is subject to the following standards: (Staffs analysislcomments in italic text) Drive-Through Establishment: The proposed drive-through establishment is subject to the specific use standards listed in UDC 11-4-3-11,Drive-Through Establishment. All establishments providing drive- through service are required to identify the stacking lane,menu and speaker location(if applicable), and window location on the site plan.A menu board location should be depicted on the plans. The site plan Page 5 is also required to demonstrate safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum,the plan is required to demonstrate compliance with the following standards: 1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles and the public right-of-way by patrons; The concept plan shows the stacking lane is a separate lane from the drive aisles and parking which provides access to the rest of the development. The proposed site layout places a drive-through that starts at the southwest side of the building and exits at the southeast side of the building facing N. Eagle Road. Approximately 524 feet of stacking space is available behind the drive-through window to provide queuing for up to 26 vehicles. Dutch Bros. coffee has proposed implementing a runner system at the facility that is designed to increase speed and efficiency in servicing the drive-through customers; as well, employees will travel from vehicle to vehicle to greet and take customer orders. The "Runners" will utilize a handheld device to transmit customer orders to the multiple drink stations inside the building. Additionally, "Runners"will charge customers while in line, so by the time they arrive at the service window, they may pick up their order and be on their way. This system decreases wait times while allowing the "Runners"to have a more personal face-to face interaction with the customers. The drive-through will not include any speaker boxes. All customer orders are taken in person either at the window or with a runner that carries a handheld device to transmit orders to the kitchen. This order process will minimize noise impacts and also decrease the amount of vehicle idling at menu boards that are common at traditional drive-through facilities. If there was additional or excessive overflow from the drive-through lane which does sometimes occur from drive-through establishments at peak times, it would stack into the parking lot from the west, not into N. Cajun Lane or E. Ustick Road. 2)The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. The stacking lane is a separate lane from the circulation lanes needed for access and parking. 3)The stacking lane shall not be located within ten(10)feet of any residential district or existing residence; The stacking lane is not located within 10'of any residential district or residence. 4)Any stacking lane greater than one hundred(100)feet in length shall provide for an escape lane; and The stacking lane exceeds 100'in length and an escape lane is required. An escape lane is proposed prior to approaching the ordering window on the southeast side of the building. 5)The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The drive-through is located on the south side of the building and is visible from the N. Eagle Road and the drive aisle along the south side of the building for surveillance purposes. Based on the above analysis, Staff deems the proposed drive-through is in compliance with the specific use standards as required. Restaurant: The proposed use is also subject to the specific use standards listed in UDC 11-4-3-49 Restaurant,which requires at a minimum,one (1)parking space to be provided for every 250 square feet of gross floor area(see parking analysis below). Page 6 Dimensional Standards (UDC 11-2): Development of the site shall comply with the dimensional standards of the C-G zoning district in UDC Table 11-2B-3. Staff has reviewed the proposed plans and building elevations and they comply with the required standards. Access(UDC 11-3A-3): Access is proposed on the site plan from E. Bourbon Street, a local street on the west side of the property, and the private road to the south, granted through a Mutal Access Easement—Instrument#106169335. A cross-access easement exists between Wadsworth Meridian Subdivision and the property to the west(parcel # S1105110111)depicted on the recorded plat for Wadsworth Meridian Subdivision. Cars will enter the site from the west and will either park in the lot in front of the drive-through or continue to the east along one of the two 12' drive-through lanes merging to the coffee kiosk and exiting back to the same drive aisle to the south. There is an escape lane provided just south of the coffee kiosk that exists to the same drive aisle to the south. Direct access via E.Ustick Road is prohibited. Parking(UDC 11-3C): A minimum of one(1) off-street parking space is required per 250 square feet(s.£) of gross floor area. Based on 1,154 s.£, a minimum of 5 parking spaces are required.A total of 14 parking spaces are proposed, exceeding UDC standards. A minimum one(1)bicycle parking space is required to be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C.Bicycle parking is shown on the plans submitted with this application. Pedestrian Walkways: A pedestrian walkway is proposed from the patio on the east side of the building to the pedestrian pathway along Eagle Road as required by UDC 11-3A-19.B.4. The pedestrian walkway that runs through the drive-through lane connecting to Building A shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks per UDC 11-3A-19.B.4. Per the Development Agreement(Instrument#2019-121599), a 10-foot wide multi-use pathway with a use easement and pedestrian lighting and landscaping shall be installed adjacent to N.Eagle Road/SH- 55 as set forth in UDC 11-3H-4C.3 with the site improvements approved with CZC (A-2021-0010). Landscaping(UDC 11-3B1: Street buffer: The street buffer along N. Eagle Road and E.Ustick Road are required to be constructed with the improvements for the Wadsworth Meridian Subdivision along with the approved CZC(A-202 1-00 10)for the common area site improvements. Per UDC 11-3B-7.C.3,All required landscape buffers along streets shall be designed and planted with a variety of trees,shrubs,lawn,or other vegetative ground cover. Plant materials in conjunction with site design shall elicit design principles including rhythm,repetition, balance, and focal elements. The landscape buffers shown on the landscape plan are sparse, Staff recommends adding more of a mix of shrubs and River Rock Mulch to the northwest corner of the site fronting Ustick and along the north and south of the drive-through lanes. Parking lot: Landscaping is required in the parking lot per the standards in UDC 11-3B-8C.1. The perimeter landscape buffer shall be planted with one Class II or Class III tree per thirty-five(35) linear feet and shrubs,lawn,or other vegetative ground cover. The perimeter landscape buffer next to the drive-through lane on the west side of the site is missing a mix of trees, shrubs,and River Rock mulch on the landscape plan submitted with the CUP.All other landscaping appears to comply with UDC standards. With the CZC submittal,the landscape plan should be revised to show the required mix of materials (i.e.,trees,shrubs,River Rock Mulch)in the landscape buffer adjacent to Ustick Road,and to the parking lot perimeter landscape buffers to the north,south, and west of the drive-through lanes. Page 7 Outdoor Lighting(UDC 11-3A-11): All outdoor lighting is required to comply with the standards listed in UDC 11-3A-11C. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting; the bulb shall not be visible and shall have a full cutoff shield in accord with Figure 1 in UDC 11-3A-11C. Details of the lighting proposed on the site that demonstrate compliance with the standards listed in UDC 11-3A-11 should be submitted with the Certificate of Zoning Compliance application. Mechanical Equipment: All mechanical equipment on the back of the building and outdoor service and equipment should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. If mechanical equipment is proposed to be roof-mount, all equipment should be screened and out of view as noted above. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structure as shown in Section VII.E. Building materials consist of fiber cement siding, CMU Willamette-Graystone,metal roofing,canopy soffit in natural north-western spruce, and glazing. The elevations appear to generally comply with the standards in the Architectural Standards Manual;however,a detailed review will take place with the administrative Design Review application. Certificate of Zoning Compliance (UDC 11-5B-1): A Certificate of Zoning Compliance(CZC) is required to be submitted for the proposed use prior to the submittal of a building permit application to ensure compliance with UDC standards and the conditions listed in Section X. Administrative Design Review(UDC 11-5B-8): An application for administrative Design Review is required to be submitted concurrently with the CZC application. The design of the site and structures is required to comply with the standards listed in UDC 1I- 3A-19 and in the Architectural Standards Manual(ISM). VII. DECISION A. Staff: Staff recommends approval of the proposed modification to the existing Development Agreement and Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on January 5,2023.At the public hearing,the Commission moved to recommend approval of the subject Conditional Use Permit request. 1. Summary of Commission public hearing_ a. In favor: Nick Wecker, Barghausen Consulting Engineers; b. In opposition:None C. Commenting: Nick Wecker; d. Written testimony: None e. Staff presenting application: Bill Parsons, Planning Supervisor f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. None Page 8 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard this item on February 14,2023. At the public hearing.the Council moved to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor:Nick Wecker,Barghausen Consulting Engineers b. In opposition: None c. Commenting:Nick Wecker,Leo Betz.Wadsworth Development Group d. Written testimony:None e. Staff Presenting application: Stacy Hersh,Associate Planner f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Pedestrian safety accessing Building A through the parking lot. 4. City Council change(s)to Commission recommendation: a. Add a Pedestrian walkway on the site that Provides Pedestrian safety from the Dutch Bros parking lot on the east to Building A on the west: include the revised Plan with the FFCL's for approval. Page 9 EXHIBITS A. Existing Conceptual Development Plan&Building Elevations UM k% VA WAJF _ r II li =r 5 usnac ..�CK Page 8 Mwidiin City Council Maetg Aapnda September 17.2019- Page fM of 259 Page 10 B. Revised Conceptual Development Plan(Date: 2/22/2023) USTM ROW b g� � =95 B1 LOT1-MACS 1 a ei _y B1 LOT 3-1.19 ACRES 1 Of�I117BYNf aNew SVIF'�9 `--� 1 g�surr ns� spva 1 c aappal[ � ! �f'iE NfJ aflEb New Can". +r{Iir 1 _ N-StPh9 1 1 1 =ping RcrossExIs" Itl Acros�msa 7 J 1 DrNe Aldl C w 1 r 1 4 n ! ! Pahingm 1 ® �] � ! M1YIId1136-C 1 ! 1 ! 1 r et LOT5 r r w ! c� 1 ! r LEGEND' -ti-_-___-�_4�:_ ... .� EXISTING IMPROVEMENTS(TO REMAIN AS-IS) PAD DELINEATION m Page 11 C. Proposed Dutch Bros. Coffee Site Plan(date: 10/11/2022) 1 MUCH WOOS.COFFEE-ID060S-MERIDIAN,D PRELIMARY WM PLAN � ---E. 115TICK ROAD --�------�- �—"---- —�----�- -- 5k G - -- - - - - - - = --= Par�xEEx oEVELaPEn RiOJEGJ DATA -�:': '..':'.:''.'...-:_::�: : .. •I .'1 �- I n n .is I SIZE INFORYAl1ON 0.�IPII. •.•• ® an ` •�—xe. er�4w , , '• • ' 4 I I Qi EIIExOEYELOPMEM NOTES OC ; -- -- ------------- - - �`-_ -_y �'ACw`..s .i I ------.nm.v I n. - - end a I -------------- ---- i; II 1 PRELIMINARY NOT FOR CONSTRUCTION "¢ Page 12 A Proposed Dutch Bros. Coffee Landscape Plan(dated: 7/21/2022) '.o DUTCH BROB.COFFEE-ID06DB-MERIDIAN,D uI i LANDSCAPE PLANTING a PL4M SC:EOIILE '��� �v..M vm w a+aw _ W E-U i.k Road - - `�� �• o ffo� E 0 _06 LE a I 2ez F; p II` ei PRELIMINARY nNOT FOR CONSTRUCTION o Ids Page 13 E. Dutch Bros. Coffee Proposed Elevations (Not Approved) SIDING SCHEDULE DUTCH BROS FA mur�wE4l SCALE: &W=T GNICH pRpFgRpg COFFff IDOB091 SOASEUSTICI(ROAD I MERfC1AN,ID 83698 v s iv EASTELEVATION ARCHTECTURE ,5 DI U. 10015E SANDY BLY➢,SDITE 100 I I-ND,M M14 wxw.Gn'xYNMmn �.SRi55299'/9 1 SRi241]955 ADGUST 02,2Y12 PAGE M - SIDING SCHEDULE I DUTCHBRos 059 �a3 �,un saeo wiww a _ SCPiE� 3�8"=t'-0" GNICH BIRCHBROSCDEFff 111 O 13 EUSTICKRDAD I MERIDUW,IDG3 ^ NORTH ELEVATION-WALK-UP WINDOW ARCHITECTURE STUD O _ 1WI SE SANDY BLVD,SUIT£ILO I PORT D,OR 9T214 I wvnv.GTiiJuNimm I M..552.W79 I L 505241.70%1 AIGUSTM,2022 PAGE M Page 14 SIDING SCHEDULE I DUTCNBROS eo m� SCALE: 318'=V * GNICH III 1 111 O EUSTICKROAD I MERIDMJDB3 � s 1n WESTELFVATION ARCHITECTURE 'STUDO 1001 SE SANDYBLVD,SUITE 1001 PORTLAND,OR M14I awrw.GndAh—Iv.503.552.9079I 1503241.100 AUGUST02,2022 PAGE A] sSIDING SCHEDULE �® I DUTCk BROS —at- ur'�",.'\ �UVII�JL°% O rca,rcere u,eam.eaEx.w m ��� ZI GNICH DUTCH BROS COFFEE I ID060013085 EUSTICK ROAD I MERIMAN,ID 63646 v SOUTN5ELEVATIONP ORIVETHRUMNDOW ARCK rFc I a hI 'STUDIO— -SUITE 1001 PORTLAND,OR 97214 vmw.GnidWrh mm v_503552 W791 f S 2417M AUGUST 02,Mn PAGE AB Page 15 FIBER CEMENT BOARD FIBER CEMENT BOARD FIBER CEMENT BOARD CMU MANUFACTU, NICHIHA -AfTURER_NIMHA MANUFACTURER'.NICHNI MANUFACTURER WIL AMET F- PROFILE:ILLUMIINIATION LE.ILLUMUNIATION PROFILE'.VINTAGEWOOO GRAYSTONE COLOR:BLDG DB BLUE _.__ BLDG DB DARKGRAY COLOR:ASH PROFILE:SLR FACE COLOR:CHAHCOAI-,OR SIM. CANOPY SOFFIT WIMDOWSYSTEM AMNEMADODNS-PAINT ROOFING MATERIAL MANUFACTURER:HEWN MANUFACTURER:KAYRFER OR SIMILAR MANUFACTURER'.SIERWIN-WILLIAMS MANI,- DURO-LAST PROFILE:NWSPRUCE PROFILE:CLEARANOD®ALUMINUM COLOR:BLDG DB GRAY DARK DL-60-60 MIL NATURALBSEALED FINISH'CLEARN01411T WHITE 'yyyy� COLOR:PER MFR.'�11 CTJRE DUTCH OROS COFFEE I IW 13055 E USRIX ROAD I MERIDIAN,1D 83548 MATERIAL BOARD IW7 SESMdYBLVD.SMITE 100 I PORTIAND.OR T1214I xw GnddiAivh n I e5O5.5529079 I L5O5241.7fl55 I AWUST02,N7L PAGE A9 L- 0 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Development Agreement Modification: 1. The amended DA shall be signed by the property owner(s)and returned to the City within six (6) months of City Council granting the subject modification. A certificate of zoning compliance and administrative design review application cannot be submitted until the DA is executed. Applicant shall develop the property consistent with the revised conceptual development plan in Section VII.B,Exhibit B of the Staff Report. Conditional Use Permit: 2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. The stacking lane,and menu location(s),and window location shall be depicted in accord with UDC 11-4-3-IIB. b. All mechanical equipment on the back of the building and outdoor service and equipment areas should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. c. Additional signage and parking lot striping is required throughout the site to efficiently and adequately direct patrons to the menu boards and throughout the site with minimal conflict. d. Depict landscaping in the landscape buffer along E.Ustick in accord with the standards listed in UDC 11-3B-7C.3; landscape buffers along streets shall be designed and planted with a variety of trees, shrubs, lawn,or other vegetative ground cover that elicit design principles including rhythm,repetition,balance,and focal elements. With the CZC submittal,the landscape plan shall be revised to show the required mix of materials(i.e.,trees, shrubs,River Rock Mulch)in the landscape buffer adjacent to Ustick Road. e. Depict landscaping in the perimeter buffer along the drive aisles and drive-through lanes in accord with the standards listed in UDC 11-3B-8C; the perimeter landscape buffer shall be planted with one Class II or Class III tree per thirty-five(35) linear feet and shrubs, lawn,or other vegetative ground cover. With the CZC submittal,the landscape plan shall be revised to show the required mix of materials(i.e.,trees, shrubs,River Rock Mulch)in the parking lot perimeter landscape buffers to the north, south, and west of the drive-through lanes. £ Depict signage ahead of each pedestrian crossing in the drive-through lane notifying drivers to watch out for pedestrians. g. The pedestrian walkway that runs through the drive-through lane connecting to Building A shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks per UDC 11-3A-19.13.4. 3. Compliance with the standards listed in UDC I1-4-3-I1—Drive-Through Establishment and standards listed in UDC 11-4-3-49—Restaurant is required. 4. Per the Development Agreement(Instrument#2019-121599),a 10-foot wide multi-use pathway with a use easement and pedestrian lighting and landscaping shall be installed adjacent to N. Eagle Road/SH-55 as set forth in UDC 11-3H-4C.3 5. Submit elevation of the trash enclosure o that generally matched the proposed building design. Page 17 6. 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 structure 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. 7. 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 11-513-6F. B. PUBLIC WORKS Site Specific Conditions of Approval 1. Ensure no sewer services cross infiltration trenches. 2. Minimum 14 foot wide paved or gravel road required to existing sewer manholes in the sidewalk adjacent to Eagle Rd. 3. Ensure that trees are not planted in easements for water services. 4. Any unused fire line stubs must be abandoned per City Standards. 5. The existing public water easement does not cover all of the existing water service and water meter. A public water easement will be required over any portion. General Conditions of Approval 1. 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. 2. 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. 3. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 4. 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. 5. 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. 6. 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. Page 18 Section VI of this report. 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. Council finds the design, construction, operation and maintenance of the proposed use will be 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. Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 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. Council finds 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. Council 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. Council finds 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). Council finds the proposed use will not result in the destruction, loss or damage of any such features. Page 20 7. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 8. Applicant shall be required to pay Public Works development plan review,and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 9. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. 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. 13. 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. C. FIRE DEPARTMENT No comments were submitted. D. POLICE DEPARTMENT No comments were submitted. E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) No comments were submitted. F. ADA COUNTY HIGHWAY DISTRICT(ACHD) No comments were submitted. G. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridianciU.orglWebLink/DocView.aspx?id=282984&dbid=0&r0o=MeridianCitX IX. FINDINGS A. Conditional Use Permit(UDC 11-511-6E) The Council shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-G district(see Analysis, Section VI for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Council finds the proposed restaurant with a drive-through will be harmonious with the is allowed as a Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Page 19 Item 13 E IDIAN;--- AGENDA ITEM ITEM TOPIC: Franklin Annexation Findings Ll CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-, AND DECISION& ORDER , In the Matter of the Request for Annexation of 2.53 Acres of Land with a C-C (Community Business)Zoning District for Franklin Annexation,by The Land Group. Case No(s). H-2022-0090 For the City Council Hearing Date of: February 21,2023 (Findings on March 7,2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 21, 2023, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 21, 2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 21, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 21,2023,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 I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the 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 February 21, 2023, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR FRANKLIN ANNEXATION AZ H-2022-0090 - 1 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of February 21,2023,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(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 February 21,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR FRANKLIN ANNEXATION AZ H-2022-0090 -2- By action of the City Council at its regular meeting held on the 7th day of March 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 3-7-2023 Attest: Chris Johnson 3-7-2023 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 3-7-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR FRANKLIN ANNEXATION AZ H-2022-0090 -3- EXHIBIT A STAFF REPORT E IDAN�-- COMMUNITY DEVELOPMENT DEPARTMENT I DIA H Q HEARING February 21,2023 Legend DATE: 10 0 Project Location TO: Mayor&City Council FROM: Sonya Allen,Associate Planner ' 208-884-5533 SUBJECT: Franklin Annexation H-2022-0090 ®L I I I I I I LOCATION: 2975 E. Franklin Rd., in the NE 1/4 of Section 17,T.3N.,RJE. (Parcel FLL _ #S1117110201) ® , L PROJECT DESCRIPTION Annexation of 2.53-acres of land with a C-C(Community Business)zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 2.35-acres(2.53-acres annexation boundary) Future Land Use Designation Commercial Existing Land Use Single-family residential Proposed Land Use( Commercial(no specific uses are proposed) Current Zoning R2 in Ada County Proposed Zoning C-C(Community Business Lots(#and type;bldg/common) NA Phasing plan(#of phases) 2 Number of Residential Units(type 0 WW of units) Physical Features(waterways, The Snyder Lateral crosses the northeast corner of the site. hazards,flood plain,hillside) History CPA-09-005 (Macha Retail Plaza) Pagel B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Existing Conditions • CIP/IFYWP Access(Arterial/Collectors/State Access is proposed via E.Franklin Rd.,an entryway corridor and arterial H /Local)(Existin and Proposed) street,at the western boundary of the site. Proposed Road Improvements None Fire Service No comments received. Police Service No comments received. West Ada School District No comments received. Distance(elem,ms,hs) Capacity of Schools #of Students Enrolled Wastewater • Distance to Sewer Services I Connect sewer to existing main in Franklin Rd • Sewer Shed • Estimated Project Sewer Additional 125 gpd committed to model. ERU's • WRRF Declining Balance WRRF decline balance is 14.57 MGD. • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns See Public Works' Site-Specific Conditions in Section IX Water • Distance to Services Connect water to existing main in Franklin Rd • Impacts/Concerns See Public Works' Site-Specific Conditions in Section IX Page 2 • o ■�UI�I�� 1�P a5 •� - P, Jji& ui �' T Q It 4ir 0i. r �� •I .I■Mtv- -- i, •� 84 mom son ■�— 84 ■■� ,■� �� W ■� �sl�j1111Q ■ ��� ■., L 111.E FRANKL-IN FRAN.-•.IN 1■1■■■■■■1111 � �i G I�� r.■��a ■■■■■■■■■■■■�I► ■■■■■■■■■■■■■I►��i►iD■ �� iiin�u:=:� � � �u■u��u � �■ 84 B. Owner: Rudy Lindbloom, Falcon Properties—PO Box 2255,Wenatchee,WA 98801 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper O1/04/2023 2/3/2023 Radius notification mailed to property owners within 500 feet 12/30/2022 1/30/2023 Public hearing notice sign posted 1/7/2023 2/11/2023 on site Nextdoor posting 12/30/2022 1/30/2023 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Commercial on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The Commercial designation provides a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services, and office uses, as well as appropriate public and quasi-public uses.Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity, and amenities. Sample zoning include: C-N, C-C, and C-G. The subject property is proposed to develop with two(2)commercial structures,which should be consistent with the Commercial FLUM designation. Future uses will be allowed as listed in UDC Table 11-2B-2, Allowed Uses in the Commercial Districts. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "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. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) A 25 foot wide buffer is required for screening adjacent to the existing residential uses to the east and south, landscaped in accord with the standards listed in UDC 11-3B-9C, with development of the site. • "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity."(6.01.02B) Page 4 There are two (2) existing access driveways via E. Franklin Rd., an arterial street,for this site. One driveway is proposed to replace the two (2) existing driveways and a cross-access easement and driveway is proposed to the adjacent commercial property to the west for interconnectivity. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Curb, gutter and an attached sidewalk exists along the frontage of the site adjacent to E. Franklin Rd. Water and sewer utilities will be extended to this site with development. • "Minimize noise, lighting,and odor disturbances from commercial developments to residential dwellings by enforcing City Code."(5.01.01F) Lighting on the site should comply with the standards listed in UDC 11-3A-11 so as not to disturb adjacent residential uses. • "Require appropriate landscaping,buffers,and noise mitigation with new development along transportation corridors(setback,vegetation, low walls,berms, etc.)."(3.07.01 C) A 35 foot wide street buffer will be required with development along E. Franklin Rd., an entryway corridor and arterial street, landscaped per the standards listed in UDC 11-3B-7C. • "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties." If annexed, use of the existing septic system shall cease and future structures will be required to connect to City sewer service. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 2.53-acres of land with a C-C(Community Business)zoning district. A legal description and exhibit map for the annexation area is included in Section VIII.A. This property is within the City's Area of City Impact boundary and contiguous to City annexed property and thus is eligible for annexation. There is an existing house and associated structures on this site that are proposed to be removed with development. There are two (2)existing driveways via Franklin Rd. A conceptual development plan was submitted as shown in Section VIII.B that demonstrates how the property is anticipated to develop with a 3,360+/-square foot(s.£)building pad that includes a drive- through and a 12,600+/-s.£ building pad with associated parking. Specific uses and tenants are unknown at this time although a restaurant(or coffee shop)is anticipated on the building pad nearest Franklin Rd. and possibly an office on the rear portion of the property. Future uses will be allowed as listed in UDC Table 11-2B-2,Allowed Uses in the Commercial Districts, for the C-C zoning district. Professional services (i.e. office) and restaurants (i.e. coffee shop) are listed as principal permitted uses in the C-C zoning district. A drive-through establishment is required to comply with the specific use standards listed in UDC 11-4-3-11,which require approval of a conditional use permit because the use is within 300-feet of a residential use and district. Future development is subject to the dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district. Franklin Road is fully improved with 5-travel lanes,vertical curb, gutter and sidewalk adjacent to this site;therefore,no additional right-of-way dedication or road improvements are required with development of this property per the ACHD report in Section IX.E. Page 5 An access driveway is proposed along the west boundary of the site via E.Franklin Rd.,an arterial street and entryway corridor, in alignment with N. Olson Ave. on the north side of Franklin Rd.;the existing access driveways are proposed to be closed.A cross-access easement(Inst. #2017-103145) exists to this property from the property to the west(Parcel#S1117110550); a reciprocal cross-access easement should be granted to the property to the west(Parcel#S 1117110550)for interconnectivity and access via Franklin Road to reduce access points on the arterial street. A copy of the recorded cross- access/ingress-egress easement should be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy on the site. Staff does not recommend a shared access driveway is provided to the property to the east because of the right-turn lane on Franklin Rd.that exists in front of the property to the east. Restaurants are subject to the specific use standards listed in UDC 11-4-3-49,which requires a minimum of one(1)parking space to be provided for every 250 s.f. of gross floor area. Professional services and other non-residential uses require a minimum of one (1)off-street parking space to be provided for every 500 s.£ of gross floor area. Based on the total area of the building footprints depicted on the conceptual development plan(i.e. 15,960+/-square feet), a minimum of 64 off-street parking spaces are required to be provided on the site at the most restrictive parking standard(i.e. one space per 250 square feet); a total of 126 spaces are proposed. The concept plan states a total of 59 parking spaces are planned to be dedicated to the existing office use to the east through a cross-parking agreement,which leaves a total of 67 spaces for this site for future uses, exceeding UDC standards. With development of the site, a 35-foot wide street buffer will be required along E.Franklin Rd., an arterial street and entryway corridor, landscaped per the standards listed in UDC 11-3B-7C;parking lot landscaping will be required per the standards listed in UDC 11-3B-8C; a 25-foot wide buffer to adjoining residential uses will be required,landscaped per the standards listed in UDC 11-3B-9C; and sidewalk is required to be installed along Franklin Rd. in the areas where the existing driveways are located in accord with UDC 11-3A-17. Conceptual building elevation photo examples were submitted,included in Section VIII.C,that demonstrate what future buildings constructed on the site may look like. Final design is required to comply with the design standards in the City's Architectural Standards Manual. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. VII. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard this item on January 19, 2023.At the public hearing,the Commission moved to recommend approval of the subject AZ request. 1. Summary of Commission public hearing_ a. In favor: Tamara Thompson, The Land Group(Applicant's Representative) b. In opposition:None C. Commenting: Kent Brown,Amanda Taylor,and Brenda&Eric Royer d. Written testimony: Tamara Thompson,The Land Group (in agreement with staff report) e. Staff presenting application: Bill Parsons f. Other Staff commenting on the application: None 2. Key issue(s)of public testimony Page 6 a. Noise associated with trash pick-up and the relocation of the trash enclosure from the southeast corner of the site. IL. Fencing and landscaping adjacent to the existing County residences. 3. Key issue(s)of discussion by Commission. a. Continue to work with the County residents on landscaping, fencing,and relocation of the trash enclosure to a more appropriate location. 4. Commission change(s)to Staff recommendation: a. Commission added a DA provision restricting the height of the southern buildingto o 35 feet. b. Commission added a DA provision requiring the southeastern trash enclosure to be moved away from the County residences to a more central location on the site. 5. Outstandingissue(s)ssue(s) for City Council:None C. The Meridian Citv Council heard this item on 2/21/2023. At the public hearing,the Council moved to approve the subject AZ request. 1. Summary of the City Council public hearing: a. In favor: Tamara Thompson, The Land Group(Applicant's Representative) b. In opposition: None c. Commenting: Eric Rover d. Written testimony.None e. Staff presenting application: Bill Parsons f Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Fencing and landscaping on the eastern boundary: specifically the Rover property 3. Key issue(s)of discussion by City Council: a. Solid fencing along the eastern boundary: b. Removal of the landscaping and parking in the area where cross access with the Jump Time property is to occur. 4. City Council change(s)to Commission recommendation. a. Council added a new development agreement provision requiring a 6-foot tall vinyl fence to be constructed along the western boundary of the Rover property (R3273160035). Page 7 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map LEGAL DESCRIPTION = ' a THE ■� � Page 1 OF 1 LAND �NE GROUP November 12,2022 Project No.:121152 EXHIBIT"A" 2975 E.FRANKLIN ROAD ANNEXATION-REZONE DESCRIPTION A parcel of land located in the Northeast Quarter of Sectian 17,Township 3 North,Range 1 East,Boise Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows: Commencing atthe Northeast Corner of Section 17 of said Township 3 North,Range 1 East,(from which point the North Quarter Corner of said Section 17 bears North 89'54'33"West,2570.99 feet distant); Thence from said Northeast Corner,North 89'54'33"West,a distance of 677.51 feet on the north line of said Section 17 to the POINT OF BEGINNING; Thence South 00`05'27"West,a distance of 40.00 feet to a point on the southerly right of way line of East Franklin Road; Thence South 68'41'13"East,a distance of 85.95 feet to a paint common with the westerly boundary line of that parcel shown on Record of Survey No.3979 of Ada County Records; Thence South 38"51'31"East,a distance of 70.59 feet on said westerly boundary line to the north most corner of Lot 6,Block 1 of Greenhill Estates No.3,as same is shown on the Plat thereof recorded in Book 43 of Plats at Page 3487 of Ada County Records; Thence on the northerly boundary line of said Greenhill Estates No.3 for the following courses and distances: Thence South 48'08'56"West,a distance of 75.70 feet; Thence South 00°06'01"West,a distance of 246.20 feet; Thence North 89"53'58"West,a distance of 260.00 feet; Thence North 87'41'30"West,a distance of 0.79 feet to the southeast corner of that parcel described in Warranty Deed Instrument No.799015 of Ada County Records; Thence North 00°03'06"East,a distance of 382.73 feet on the east boundary line of said Warranty Deed parcel to a point an the southerly right of way line of East Franklin Road; Thence North 00'02'02"East,a distance of 40.00 feet to a point on the north line of said Section 17; Thence South 89°54'33"East,a distance of 192.95 feet on the north line of said Section 17 to the POINT OF BEGINNING. The above described parcel contains 2.53 acres more or less. PREPARED BY: aL 4 S� The Land Group,Inc. 96 7B84 : 11-12-2022 James R.Washburn 4f. �rE of R_Vik 462 East Shore Drive.Suite 100.Eagle.Idaho 53518 208.938.4041 Ihelandgroupinc.corn Page 8 NORTH QUARTER CORNER NORTH EAST CORNER SECTION 17 SECTION 17 T-3N.,R-1 E. T-3N-,R-1 E- CP&F INSTR.NO-1 041 61 984 E FRANKLIN ROAD CPBF INSTR-NO-2020-052068 (BASIS OF BEARING) S.8 _ _ N89°54'33'W 2570-99' _ { S�8 S-9 1!4 5.17 1700-53' 589°5433"E 192.95' 677-51' S.17 S.iC in J PDB J Iw � I 2975 E FRANKLIN ROAD AREA: -2.53 ACRES (110,022 SO-FT-) N m I CID w Line Table I� I LINE BEARING LENGTHI a co L1 SX'a27'W 40.W L2 S68'41'12'E 85.%, 0 I L1 538S1'31'E I0.S4' � 0 I L4 S48Ir &W rs.ra' al cn L.5 '0012'02-E AIM' N8!°41'30 W 0.79' N39"5359% 260-00' L LAArb Tjl r a, 1i7880 22 a S p 1"f OF 4 t Exhibit "B,. d BO' MY Horizontal Scalc:1"= 80' Frojed No.:121152 st Dale of lssumm:1 V 112M Ft b b = ;THE 2915 E Franklin Read LAND Annexation Description =GROUP City of Meridian Page 9 B. Conceptual Development Plan @LAHU ~' — _ PNNIN4{ALl'11L9fI11N5 yy ' yy\L \ � PIX:Ex l2 fiDfi.5l dLxG —� ,I�� r y y \t\y\ \� L ~� 151NLYLHLW9 5051PL5 OY 1C-0EE55 CL NeYnotes: Y .Q CO La Ln w Q a� _ \ % N — �__ i Overall Site Plan C2.00 Page 10 C. Building Elevation Photo Examples 1 ' groom"- w C�A ALL aEmb 4 JA Page 12 ` �w ~a 1 J J R T ��v IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum,incorporate the following provisions IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall be generally consistent with the conceptual development plan included in Section VHLB and the provisions contained herein. b. A cross-access/ingress-egress easement shall be recorded granting access to the property to the west(Parcel#S1117110550)across the subject property for interconnectivity and access via E. Franklin Rd. A copy of the recorded access easement shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy on the site. c. The design of all future structures on the site shall comply with the design standards in the City's Architectural Standards Manual. d. The southern building shall not exceed 35 feet in heir e. The southeastern trash enclosure shall be located away from the County residences to a more central location on the site. f The applicant shall construct a 6-foot tall vinyl fence along the entire western boundary of the Rover property(Parcel#R32731600351. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Ensure no sewer services cross infiltration trenches. 1.2 Two buildings cannot run off the same sewer service line. 1.3 Cleanout must be replaced with manhole when transitioning from sewer main to service line. 1.4 Ensure manhole is not in curb or gutter. 1.5 Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches,light poles, etc.)are built within the utility easement. 1.6 Provide 10'separation between fire hydrant and sewer main. 1.7 Fire hydrant is required at end of the water main dead end. If it works with fire requirements you can move the proposed hydrant at the front of the site. If not add an additional hydrant. 1.8 Existing well to be used for irrigation must not have any cross connection with potable water. 1.9 Water main,fire hydrant, and water service require a 20 easement. Extend easement 10 beyond the end of the main, fire hydrant, and water meter. 1.10 A streetlight will be required along Franklin Rd. Page 13 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. 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. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any 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. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.10 Applicant shall be required to pay Public Works development plan review,and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.11 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Page 14 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.15 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.17 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.18 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancitE.oMlpublic_works.aspx?id=272. 2.19 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.20 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. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridianciV.orglWebLink/Doc View.aspx?id=285103&dbid=0&repo=MeridianCitX D. DEPARTMENT OF ENVIRONMENTAL QUALITY https://weblink.meridiancily.orglWebLinkIDocView.aspx?id=285758&dbid=0&repo=MeridianCitX E. ADA COUNTY HIGHWAY DISTRICT(ACHD hyps://weblink.meridianciV.org/WebLink/DocView.aspx?id=285924&dbid=0&repo=Meridian CitX F. ADA COUNTY DEVELOPMENT SERVICES(ACDS) https://weblink.meridiancily.orglWebLinkIDocView.aspx?id=285789&dbid=0&repo=MeridianCitX Page 15 G. NAMPA-MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=286290&dbid=0&r0o=MeridianCity X. FINDINGS Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant's request to annex the subject property with a C-C zoning district and develop the site with commercial uses is consistent with the Commercial FL UM designation for this property. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to C-C and development generally complies with the purpose statement of the commercial districts in that it will provide for the retail and service needs of the community in accordance with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety,and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed commerial uses should be compatible with adjacent single-family residential and commercial/office uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds City services are available to be provided to this development. Because commercial uses are proposed, there shouldn't be any adverse impact on the school district. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the city. Page 16 W IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement Revision (Artemisia Subdivision H-2021-0014) to Clarify Language in the Agreement Between City of Meridian and Idaho Auto Mall LLC for Property Located at 1690 W. Overland Rd. ADA COUNTY RECORDER Trent Tripple 2023-015083 BOISE IDAHO Pgs=3 BONNIE OBERBILLIG 03/15/2023 11:18 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN, IDAHO IN THE MATTER OF THAT ) CERTAIN DEVELOPMENT ) AGREEMENT MADE AND ) AFFIDAVIT OF ROBERT E. SIMISON ENTERED INTO BY AND ) CONCERNING REVISIONS TO THAT BETWEEN THE CITY OF ) CERTAIN DEVELOPMENT MERIDIAN AND IDAHO AUTO ) AGREEEMENT MADE AND ENTERED MALL, LLC ) INTO BY AND BETWEEN THE CITY OF MERIDIAN AND IDAHO AUTO MALL, LLC I, ROBERT E. SIMISON, being first duly sworn, on oath, deposes and says: 1. Your affiant, ROBERT E. SIMISON, is the Mayor of the City of Meridian, Idaho, and has personal knowledge of the facts stated herein. 2. This affidavit concerns that certain Development Agreement made and entered into by and between the City of Meridian and Idaho Auto Mall, LLC dated July 20, 2021 (Instrument No. 2021-109417) ("Development Agreement") and revisions to said Development Agreement(Instrument No. 2023-013863) ("Revisions"). 3. The Development Agreement and Revisions pertain to the real property located at 1690 W. Overland Road, Meridian, Idaho. 4. The Revisions to said Development Agreement are as set forth in Instrument No. 2023- 013863, to wit: a. On page five(5),the following language was added to the end of Section 5(g): "There will be no vehicle sales at this location, as stated at the City Council hearing on June 1, 2021." b. On page fifteen (15), the phrase "sales and" was deleted from the last line at the bottom of said page. AFFIDAVIT OF ROBERT E.SIMISON PAGE 1 OF 3 c. On page eighteen (18), the phrase "sales and" was deleted from the first line of the second paragraph of Section V.A. d. On page eighteen (18), the following language was added to the end of the third paragraph of Section V.A: "At the hearing, the applicant did disclose that vehicle sales would not occur at this site." e. On page nineteen (19), the first sentence under "Proposed Use Analysis:" was revised as follows: "A variety of uses are proposed on lots in the subdivision including vehicles service and retail sale of vehicle accessories and parts; retail; and office uses." f. On page nineteen (19), the first sentence of the second paragraph under "Proposed Use Analysis:" was revised as follows: "Vehicle sales and service is listed as a principal permitted use in the C-G district and is subject to the specific use standards listed in UDC 11-4-3-38; however, no vehicle sales are proposed to occur at this site as stated at the public hearing." 5. The Revisions were duly approved by the City of Meridian City Council and Mayor on March 7, 2023. 6. No other revisions to the Development Agreement were made. FURTHER YOUR AFFIANT SAYETH NAUGHT. DATED this 15th day of March, 2023. AQ SF,AL Mayo Robe E. S ison Chris Johns , City AFFIDAVIT OF ROBERT E.SIMISON PAGE 2 OF 3 STATE OF IDAHO ) ) ss: County of Ada ) I HEREBY CERTIFY that on this 15'h day of March, 2023, before the undersigned, a Notary Public in the State of Idaho, personally appeared Robert E. Simison, proven to me to be the person who executed the said instrument, and acknowledged to me that such person executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Na&YcWa�� CHARLENE WAY Notary Public for Idaho COMMISSION NO. 67390 Residing at Merdian, Idaho NOTARY PUBLIC My Commission Expires: 3-28-2028 STATE OF IDAHO AFFIDAVIT OF ROBERT E.SIMISON PAGE 3 OF 3 ADA COUNTY RECORDER Trent Tripple 2023-013863 BOISE IDAHO Pgs=40 VICTORIA BAILEY 03/09/2023 10:42 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Idaho Auto Mall, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 7th day of April 2023, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Idaho Auto Mall, LLC, whose address is 3449 E. Copper Point Drive, Meridian, ID 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS,Owner is the sole owner,in law and/or equity,of certain tract of land in the County of Ada, State of Idaho, described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code § 67-6511A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 25.87 acres of land to the C-G (General Retail and Service Commercial) zoning district on the property listed in Exhibit"A", under the Unified Development Code,which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the DEVELOPMENT AGREEMENT—ARTEMISIA SUBDIVISION(H-2021-0014) PAGE 1 OF 9 ADA COUNTY RECORDER Phil McGrane 2021-109417 BOISE IDAHO Pgs=44 BONNIE OBERBILLIG 07/22/2021 09:54 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGRE EMENT PARTIES: I. City of Meridian 1 Idaho,Auto Mail LLC,Owner/Developer TIES- D M MEN EVELOPENT AGREE ENT (this Agreement), is made and entered into this. 20th day of July mq 20211, by and between City of Meridian, a municipal corporation of the 'fate of Idaho. hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Idaho Auto Mail LLC, whose address is 3449 E. Copper Point Drive,Meridian, ID 83642,hereinafter called OWNER/DEVELO�PER, I RE CITALS: 1.1 WHEREAS,Owner is the sole owner,in law and/or equity,of certain tract of land in the County of Ada, State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after reterre-' '- - - .� - � rty; and 12 WHEREAS,Idaho Code §67-6511 A provides that cities may,by ordinance, require or Perin it as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS,Owner/Developer has submitted an application for annexation and zoning of 25.87 acres of land to the C-G (General Retail and Service Commercial)zoning district on the property listed in Exhibit"A", under the Unified Development Code,which generally describes how the Property will be developed and what improvements will be made; and 1A5 W ERE,AS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the DEVELOPMEN'r AGREEMENT— AR,'rumistA SusmvisioN(14-2021-0014) PAGE' I OF 9 City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 15ffi day of June, 2021, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS,City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a parry to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Idaho Auto Mall, LLC, whose address is 3449 E.Copper Point Drive,Meridian,ID 83642,hereinafter called OWNER, the parry that owns said Property and shall include any subsequent owner(s) and developer(s) of the Property. DEVELOPMENT AGREEMENT-ARTEMISIA SUBDIVISION(H-2021-00 14) PAGE 2 OF 9 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as in Exhibit"A"describing a parcel to be annexed and bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners and/or Developer shall develop the Property in accordance with the following special conditions: a. Development of the subject property shall be generally consistent with the preliminary plat,landscape plan and conceptual building elevations submitted with the annexation application contained herein. b. Prior to development of the commercial/office portion of the development, the development agreement shall be amended to include a conceptual development plan that demonstrates consistency with the land use,transportation and design elements of the Ten Mile Interchange Specific Area Plan(TMISAP), including but not limited to the following: (1) Provide minimum 6-foot wide parkways/planting strips and detached minimum 5- foot wide sidewalks along all streets within the development (Pedestrian & Bicycle System,pg. 3-27). The minimum width ofparkways planted with Class II trees is 8-feet; the minimum with of parkway planters for Class I and III trees is 10 feet. Planter widths for Class II trees may be reduced to 6-feet if root barriers are installed per the standards listed in UDC 11-3A-17E. (2) Sidewalks/pathways shall include dedicated crosswalks at the intersection with all streets within commercial activity centers and shall be distinguished from surrounding paving (Crosswalks, pg. 3-28). (3) Street furnishings such as seating, newspaper racks, bollards, trash receptacles, bicycle racks and other elements important to the functioning of an effective pedestrian environment shall be provided(Street Furniture,pgs. 3-28—3-29). (4) Exterior lighting should be used to provide illumination for the security and safety of entry drives, parking, service and loading areas, pathways, courtyards and plazas, without intruding on adjacent properties. Site lighting should be architecturally compatible and consistent in design between sites.(Lighting,pg.3- 30). DEVELOPMENT AGREEMENT-ARTEMISIA SUBDIVISION(H-2021-0014) PAGE 3 OF 9 (5) Future development along Overland Rd. and internal local streets should incorporate street-oriented design consistent with the TMISAP for commercial developments. (6) Building orientation and setbacks should be close to the street with the main entrance of buildings oriented to the street(Street-Oriented Design,pg. 3-33). (7) A continuous unbroken frontage along required build-to lines to a minimum height of 30-feet should be constructed for at least 75% of the property frontage. Adjustments to this requirement may be allowed, such as modest setbacks to accommodate additional sidewalk space for cafe seating,or breaks in frontage for the creation of pocket parks. New Buildings at street intersections should "hold the corners" and avoid introducing additional building setbacks unless a new public space is specified. At least 40% of the linear dimension of the street level frontages shall be in windows or doorways; street level windows shall be clear or tinted visually permeable glass(mirrored or reflective glass is prohibited).Window sills shall be located no higher than 3'6"above adjacent exterior grade;headers shall be located no lower than 8'0"above adjacent exterior grade.No wall frontage shall continue uninterrupted by a window or a functional public access doorway for a linear distance of greater than 12'. The principal doorway for public entry into a building shall be from the fronting street.Corner entrances may be provided on corner lot buildings(Commercial and Mixed-Use Buildings,pg. 3-33).No parking should be placed between a building and the fronting primary or secondary street(Commercial Activity Centers,pg.3- 37). (8) The space between a building fagade and the adjacent sidewalk or walkway should be appropriately landscaped with a combination of lawn,groundcover,shrubs and appropriate trees (Building Facades, pg. 3-38). (9) Low-rise buildings of 2-4 stories over much of the area is desired (Building Heights,pg. 3-38). (10)Buildings should be designed with clearly delineated bases,bodies and tops(Base, Body and Top,pg. 3-39). (11)Comply with the general recommendations for Activity Centers noted on pg.3-40. (12)Awnings shall be provided on building facades for climate protection for pedestrians and shall extend a minimum of 5-feet from the fagade of the fronting structure—8-feet is preferable in wider pedestrian environments(Awnings,pg.3- 45). (13) Signs should be designed to contribute to the overall character, identity and way finding system.The colors,materials,sizes,shapes and lighting of signs should be compatible with the architecture of the buildings and the businesses they identify (Signs, pg. 3-46). (14)High quality public art should be incorporated into the design of streetscapes, public buildings, parks, transit, infrastructure, and other public projects (Public DEVELOPMENT AGREEMENT-ARTEMISIA SUBDIVISION(H-2021-00 14) PAGE 4 OF 9 Art,pg. 3-47). (15)Open civic spaces should be provided in commercial activity centers/mixed use environments and should be located adjacent to an accessible from at least one primary street(3-48). c. Minimum 5-foot wide pedestrian walkways shall be provided from the perimeter sidewalks along Overland and Linder Roads to the main building entrances in accord with UDC 11-3A-1913.4a. d. Internal pedestrian walkways shall be provided between buildings within the site for pedestrian connectivity. Internal walkways shall 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.4b. e. All future structures constructed on this site shall comply with the design guidelines in the TMISAP and the design standards in the Architectural Standards Manual. f. The final plat shall be recorded prior to issuance of building permits for any structures beyond those on the Kendall Ford site (i.e. Lot 1, Block 1). The Kendall Ford site is allowed to develop and obtain building permits prior to recordation of the plat, subject to approval by the Building Department. g. Compliance with the specific use standards listed in UDC 11-4-3-38: Vehicle Sales or Rental and Service is required. There will be no vehicle sales at this location,as stated at the City Council hearing on June 1, 2021. h. If fencing is proposed for security around the Kendall Ford site,it shall be of a higher quality than chain-link(i.e. wrought iron). 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement, Owner/Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty(180)days;provided,however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT-ARTEMISIA SUBDIVISION(H-2021-00 14) PAGE 5 OF 9 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2,Owners and/or Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws,ordinances and rules,including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the parry responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC,to insure the installation of required improvements,which the Owners and/or Developer agree to provide, if required by the City. DEVELOPMENT AGREEMENT-ARTEMISIA SUBDIVISION(H-2021-0014) PAGE 6 OF 9 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Idaho Auto Mall,LLC 3449 E. Cooper Point Drive Meridian, ID 83642 14.1 A parry shall have the right to change its address by delivering to the other parry a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other parry so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owners and/or Developer,to execute appropriate and DEVELOPMENT AGREEMENT-ARTEMISIA SUBDIVISION(H-2021-00 14) PAGE 7 OF 9 recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owners and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third parry (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT-ARTEMISIA SUBDIVISION(H-2021-00 14) PAGE 8 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreementand made it effective as hereinabove provided. OWNER/DEVELOPER: Idaho Auto Mall,LLC By:4tndall Develop r u L.C., Manager By: David E. B ewett Its: Manager CITY OF MERIDIAN ATTEST: By.- Mayor Robert E. Simison 3-7-2023 Chris Johnson, City Clerk 3-7-2023 STATE OF IDAHO ) ss: County of Ada ) On this�P4 day of Y Y 2023, before me, the undersigned, a Notary Public in and for said State, persanall appeared _ a,v F� lP frt}p f{ known or identified to me to be the U O(A-aW of Idaho Auto Mall,LLC and the person who signed above and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first a JOSIE BARTER J6 COMMISSION#15719 (SEAL NOTARY PUBLIC Notary Public V j� STATE OF IDAHO My Commission Expires: STATE OF IDAHO } ss County of Ada } On thisjffiday of March ,2023,before me,allotary Public,personally appeared Robert.E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public My Commission expires: 3-28-2028 DEVELOPMENT AGREEMENT—ARTEMISIA SUBDIVISION(H-2021-0014) PAGE 9OF 9 EXHIBIT A Legal Description Annexation & C-G Rezone — Proposed Artemisia Subdivision A parcel being a portion of the SE%of the SE%of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described t s follows' BEGINNING at a Brass Cap monument marking the southeast corner of said Section 14, from which an Aluminum Cap monument marking the southwest comer of the SE Y,of said Section 14 burs N 89'1941'W a distance of 2561.68 feet; Thence along the southerly boundary of said SE ,N of the SE %, also being the centerline of VV. Overland Road, N 89a18'41' a distance of 923-89 feat to a paint; Thence leaving said centerline and southerly boundary N 0°44'19" E a -distance of 1219-11 feet to point on the Centerline of Interstate 84: Thence along Said oenterline S 89°34'W E a distance of 921.31 feet to a point on the easterly boundary of said SE V4 of the SE '14, also being the centerline of S. Linder Road, Thence leaving the centerline of said Interstate 94 and along said easterly boundary and S. Linder Road Centerline 8 T32'59"Wa distance of 1213-95 feet to the POINT OF BEGINNING. This parcel Contains 25.67 acres and is subject to any easements existing or in use. Clinton W. Hansen, PL Land Solutions, P s�p,i t q s March 5, 2021 T IL 1 1 8 1 -c11J7 O�EJ1tJ r7 As9emisia Subdivision—All`Matron 8 Redone � erns l Jab Ho.19-72 P�¢R 1 of 1 Artemisia Subdivision H-2021-0014 CITE' OF MERIDIAN ANNEXATION - F F O IE PROPOSED ARTEMISIA SUBDIVISION A PORTION OF THE 3E 114 OF T1HE$E 114 OF SECTION 14, T_3N_, R.1W W. B.M. CITY OF MERIDIAN,ADA COUNTY, ICAHO if+ 1# �3 0' 1OV 20V 400' 1� rot {INTERSTATE M I rt n 'I w o SJ TE yv cw rn S,.y 2167 AGES +f- 2 flS ad POMT OF BEGINNING 14 13 1�# 1737.79 �23.89' was7s'av'w 2651.6a' W. 1+ RLANa Ip, 3 24 23 L LAti �A$15 OF eFWftIN6 ' 41 A =i CL '111 m ,gam �� n lutlon ' T , Lend Sunveyhq and COnSWUrHi OF 231 E SrH 57.29 E A .,�y4`* rNERI0w4 iP e 12W12M2=48 6%M2EE4Wiw x�w.la'�dullons Gx J06 N0. �� Artemisia Subdivision H-2021-0014 EXHIBIT B STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING June 1,2021 Legend DATE: Project Lacfltar TO: Mayor&City Council _____ FROM: Sonya Allen,Associate Planner 208-884-5533 LI I I I I I I I SUBJECT: H-2021-0014 Artemisia Subdivision—AZ,PP / LOCATION: 1690 W. Overland Rd., in the SE 1/4 of ---- Section 14,T.3N.,R.1 W. (Parcel #S1214449107) 1. PROJECT DESCRIPTION Annexation and zoning(AZ) of 25.67-acres of land with a C-G(General Retail and Service Commercial)zoning district; and, Preliminary Plat(PP)consisting of 9 commercial buildable lots on 19.26-acres of land in the proposed C-G(General Retail and Service Commercial)zoning district. 11. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 25.67-acres(AZ); 19.26-acres(PP) Existing/Proposed Zoning RUT in Ada County/C-G Future Land Use Designation Mixed Employment(ME)(13.4+/-acres)&Mixed-Use Commercial(MUC)(5.9+/-acres) Existing Land Use(s) Single-family rural residential/agricultural Proposed Land Use(s) Corporate office,parts sales, service,accessory center,RV maintenance Lots(#and type;bldg./common) 9 buildable lots/0 common lots Phasing Plan(#of phases) 1 phase Number of Residential Units(type 0 of units) Physical Features(waterways, The Hardin Drain runs along the northeast corner of this hazards,flood plain,hillside) site. Neighborhood meeting date;#of 8/26/20;3 attendees&2/4/21;no attendees attendees: History(previous approvals) None B. Community Metrics Description Details P Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action A Traffic Impact Study(TIS)was not required. es/no Access One access is proposed via W.Overland Rd.,a 5-lane arterial (Arterial/Collectors/State street along the southern boundary of the site. Hwy/Local)(Existing and Proposed) Traffic Level of Service Better than"D"(acceptable LOS is"E") Stub One stub street(W. Tasa St.)is proposed at the west boundary of Street/Interconnectivity/Cros the site for future extension s Access Existing Road Network W. Overland Rd.runs along the southern boundary of the site Existing Arterial Sidewalks/ No sidewalks exist along W. Overland Rd. adjacent to this site. Buffers Proposed Road Capital Improvements Plan(CIPu Integrated Five Year Work Plan(IFYWP): Linder Road is scheduled in the IFYWP to be constructed as a new 4-lane 1-84 overpass and Improvements widened to 5-lanes on each side of I-a4 with a level 3 bike facility from Franklin Road to overland Road in the future. • The intersection of Overland Road and Linder Road is listed in the CIP to be widened 6-lanes on the north and south legs and 7-lanes on the east west legs and signalized between 2036 and 2W. Fire Service • Distance to Fire Station 0.1 mile • Fire Response Time Falls within 5:00 minute response time area-nearest station is Fire Station#6 can meet response time goals • Resource Reliability 87%-does meet the target goal of 80%or greater • Risk Identification 4 current resources would not be adequate to supply service (large building with high fire loading) • Accessibility Project meets all required access,road widths and turnaround. • Special/resource needs Project will require an aerial device;can meet this need in the required timeframe if a truck company is required. • Water Supply Requires 2,500 gallons per minute for two hours,may be less if buildings are fully sprinklered. • Other Resources Wastewater • Distance to Sewer Directly adjacent Services • Sewer Shed South Black Cat Trunk Shed • Estimated Project Sewer See application ERU's • WRRF Declining 14.08 Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Impacts/concerns • Flow is committed • See Public Works Site Specific Conditions Water • Distance to Water Directly adjacent Services • Pressure Zone 3 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Yes Water Master Plan • Impacts/Concerns See Public Works Site Specific Conditions C. Project Area Maps Future Land Use Map Aerial Map Legend Legend Project Lcou fon Project LoeaSm ��, SIF►f Low per LL ih� �esltiGl� - ee'ni l0 1 ICI� Ii8 Mxed U I7 Ern P e iaF� FINI Sldentl0 l ' Zoning Map Planned Development Map (fLegend Rl RI (fLegend IProieat Locai�on IetProject Loco-ion :$ _ City urn-rig wlwa — Planned Pflrcels uw�a Rl �� RUT i-L RUT7R, ---- LL R1 S TN-C RUT R-1 R-8 R-8 R-8 R-4 A. Applicant: Engineering Solutions,LLP— 1029 N. Rosario St., Ste. 100,Meridian,ID 83642 B. Owners: Idaho Auto Mall,LLC—8854 W. Emerald St.,Boise, ID 83704-4830 C. Representative: Becky McKay,Engineering Solutions,LLP— 1029 N.Rosario St., Ste. 100,Meridian,ID 83642 III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 3/26/2021 5/14/2021 newspaper Notification mailed to property owners within 300 feet 3/24/2021 5/11/2021 Applicant posted public hearing 4/3/2021 5/15/2021 notice on site Nextdoor posting 3/24/2021 5/12/2021 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates the northern and western 13.4+/-acres of this site as Mixed Employment(ME)and the 5.9 acres at the southeast corner of the site as Mixed-Use Commercial(MUC). This site is within the area governed by the Ten Mile Interchange Specific Area Plan(TMISAP). The purpose of ME designated areas is to encourage a diversity of compatible land uses that may include a mixture of office,research and specialized employment areas,light industrial including manufacturing and assembly,and other miscellaneous uses. These areas generally do not include retail and consumer service uses serving the wider community. However, a small amount of retail and service establishments,primarily serving employees and users of the ME areas or nearby industrial areas, are allowed. ME areas should provide a variety of flexible sites for small, local or start-up businesses, as well as sites for large national or regional enterprises.ME areas should be designed to encourage multimodal travel and convenient circulation to supporting uses located within the area. Buildings are anticipated to range in height from 1-4 stories,have total floor areas of 10,000-1,000,000 square feet,with a FAR that will exceed .75. The purpose of MUC designated areas is to encourage the development of a mixture of office,retail, recreational,employment and other miscellaneous uses,with supporting multi-family or single-family attached residential uses. This designation requires developments to integrate the three major use categories—residential, commercial and employment. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. Development within these areas exhibit quality building and site design and an attractive pedestrian environment with a strong street character. The northern portion of the site, designated ME, is proposed to develop first with two(2) single-story structures with a combined square footage of 92,307 for Kendall Ford Auto Center, a regional company;proposed uses include vehicle sales an service and retail sale of vehicle accessories. A variety of lot sizes are proposed on the MUC designated southern portion of the site for future retail and office uses adjacent to W. Overland Rd. Staff believes the proposed uses are generally consistent with the associated ME and MUC FLUM designations and will contribute to the variety of uses already in this area and with future uses. Existing uses consist of single-family and multi-family residential uses to the south and southwest, which provide the residential component of the mixed-use area although not an integrated part of the development; office to the south; recreational vehicle sales,retail parts/accessories sales and service to the east; and future mixed employment uses to the west. Future development along Overland Rd. and internal local streets should incorporate street-oriented design consistent with the TMISAP for commercial developments. Transportation: The Transportation System Map in the TMISAP depicts arterial streets along the south and east boundaries of the site—Overland Rd. exists along the south boundary as a 5-lane roadway and Linder Rd. is listed in the IFYWP to be constructed as a 5-lane roadway and a 4-lane overpass in the future along the east boundary of the site. A local street is depicted through the western portion of this site from Overland Rd. to the west boundary of this site consistent with that shown on the proposed preliminary plat. Mixed-Use Commercial areas must include an integrated system of sidewalks,walkways and pathways that provide access to all structures and spaces within a development. Sidewalks should not be located immediately adjacent to the curb—they should be separated from the curb by a minimum 4-foot wide planting strip planted with street trees and other landscaping. A loop pathway is proposed on the landscape plan around the perimeter of this site as an amenity for employees and the public. Street furnishings such as seating,newspaper racks,bollards,trash receptacles,bicycle racks and other elements important to the functioning of an effective pedestrian environment should be provided as set forth in the TMISAP(Street Furniture,pgs. 3-28—3-29). Exterior lighting should be used to provide illumination for the security and safety of entry drives, parking, service and loading areas,pathways, courtyards and plazas,without intruding on adjacent properties. Site lighting should be architecturally compatible and consistent in design between sites. (See TMISAP,Lighting,pg. 3-30). Design: In commercial developments,building orientation and setbacks should be close to the street with the main entrance of buildings oriented to the street(Street-Oriented Design,pg. 3-33). For all new commercial and mixed-use buildings, a continuous unbroken frontage along required build-to lines to a minimum height of 30-feet should be constructed for at least 75%of the property frontage. Adjustments to this requirement may be allowed, such as modest setbacks to accommodate additional sidewalk space for cafe seating,or breaks in frontage for the creation of pocket parks.New Buildings at street intersections should"hold the corners" and avoid introducing additional building setbacks unless a new public space is specified. At least 40%of the linear dimension of the street level frontages shall be in windows or doorways; street level windows shall be clear or tinted visually permeable glass(mirrored or reflective glass is prohibited).Window sills shall be located no higher than 3'6"above adjacent exterior grade;headers shall be located no lower than 8'0"above adjacent exterior grade.No wall frontage shall continue uninterrupted by a window or a functional public access doorway for a linear distance of greater than 12'. The principal doorway for public entry into a building shall be from the fronting street. Corner entrances may be provided on corner lot buildings (Commercial and Mixed-Use Buildings,pg. 3-33).No parking should be placed between a building and the fronting primary or secondary street(Commercial Activity Centers,pg. 3-37). The space between a building facade and the adjacent sidewalk or walkway should be appropriately landscaped with a combination of lawn,groundcover, shrubs and appropriate trees(Building Facades, pg. 3-38). Low-rise buildings of 2-4 stories over much of the area is desired(Building Heights,pg. 3-38). Buildings should be designed with clearly delineated bases,bodies and tops(Base,Body and Top,pg. 3-39). Comply with the general recommendations for Activity Centers noted on pg. 3-40. Awnings shall be provided on building facades for climate protection for pedestrians and shall extend a minimum of 5-feet from the fagade of the fronting structure—8-feet is preferable in wider pedestrian environments(Awnings,pg. 3-45). Signs should be designed to contribute to the overall character, identity and way finding system. The colors,materials, sizes, shapes and lighting of signs should be compatible with the architecture of the buildings and the businesses they identify(Signs,pg. 3-46). High quality public art should be incorporated into the design of streetscapes,public buildings,parks, transit,infrastructure,and other public projects(Public Art,pg. 3-47). The Applicant proposes a focal point at the northwest corner of Linder&Overland Roads with a sculpture and masonry signage(see detail on Sheet L1.40 of the landscape plan in Section VII.C). Open civic spaces should be provided in commercial activity centers/mixed use environments and should be located adjacent to an accessible from at least one primary street (3-48). Linear open space with a pedestrian walkway is proposed around the perimeter of the development; additional common/gathering area(s)should be provided within the commercial/office portion of the development. Comprehensive Plan Policies: The following Comprehensive Plan Policies are applicable to this development: • "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. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed uses should be compatible with similar uses (Camping World&Bish's RV)and zoning(I-L) to the east,future mixed employment uses to the west, and multi family residential, office and future commercial uses to the south across Overland Rd. • "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 anticipated retail uses should provide shopping opportunities for area residents and employees of the proposed auto center and offices. The proposed auto center will provide jobs within close proximity of single family and multi family residential uses to the south across Overland Rd. • "Encourage the development of supportive commercial near employment areas." (3.06.02C) The proposed retail uses should provide supportive uses for the auto center and office uses. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A) The landscape plan depicts a pedestrian walkway within the landscape buffers around the perimeter of the development and sidewalks along internal public streets.Additional internal pedestrian walkways should be provided between buildings within the site for pedestrian connectivity and from the perimeter sidewalks along Overland and Linder Roads to the main building entrances. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and though this development in accord with current City plans. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available to this site and can be extended by the developer with development in accord with UDC 11-3A-21. The emergency response times for Police Dept. and Fire Dept. meets the established goals. • "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01C) A 50 foot wide landscaped street buffer is required to be provided along the northern boundary of the site adjacent to I-84. The structures on Lot 1, Block I are proposed to be setback 315'+from I-84. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are proposed as required with this development. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan for this area per the analysis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Annexation: The proposed annexation is for 25.67-acres of land with a C-G(General Retail and Service Commercial)zoning district,which includes the ITD storm drainage area at the northeast corner of the site and the right-of-way to the section/center line of adjacent streets. The proposed C-G zoning is consistent with the associated ME and MUC FLUM designations as is the proposed uses. The proposed use of the property will include sales an service for commercial fleet operations for large commercial trucks and motorhomes;vehicle accessory sales; an installation facility for customizing vehicles;parts department; and reconditioning facility for used cars for Kendall Ford Auto Center. The Applicant anticipates the future uses on the six(6)lots located along W. Overland Rd. and adjacent to S. Spanish Sun Way to be retail and office space. Vehicle sales and service,minor vehicle repair,retail sales, and professional services(i.e. offices) are all listed as principal permitted uses in the C-G zoning district per UDC Table 11-2B-2, subject to the specific use standards in UDC 11-4-3 as applicable.Note:Major vehicle repair is prohibited in the C-G zoning district. At the hearing, the applicant did disclose that vehicle sales would not occur at this site. The property is contiguous to City annexed land and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area is included in Section VIII.A. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with the Comprehensive Plan and with the development plan proposed with this application, Staff recommends a DA is required with this application, containing the provisions noted in Section VIII.A, as discussed herein. B. Preliminary Plat: The proposed plat consists of 9 commercial buildable lots on 19.26-acres of land in the proposed C-G zoning district. Lots range in size from 22,305 square feet(s.£) (0.51-acre)to 422,643 s.f. (9.7-acres)with an average lot size of 87,625 s.f. (2.01-acres). The subdivision is proposed to develop in one(1)phase.Note: The portion of the annexation area at the northeast corner of the site that is the ITD storm drainage area is not included in the proposed plat as it's been dedicated as right-of-way. The Applicant requests approval to obtain building permits and develop the Kendall Auto site on Lot 1,Block 1,prior to recordation of the final plat. Staff is amenable to this request as the subject parcel is considered a legal parcel eligible for development;however,prior to issuance of building permits for any other lots within the subdivision,the final plat should be recorded. Existing Structures/Site Improvements: There are no existing structures on this site; the previous home and accessory structures have been removed. Proposed Use Analysis: A variety of uses are proposed on lots in the subdivision including vehicle sales an service and retail sale of vehicle accessories and parts; retail; and office uses. Vehicle sales and service is listed as a principal permitted use in the C-G district and is subject to the specific use standards listed in UDC 11-4-3-38; however no vehicle sales are proposed to occur at this site as stated at the public hearing. Retail sales and professional services(i.e. offices) are also listed as a principal permitted use in the C-G district. Other uses are allowed as noted in the Allowed Uses in the Commercial Districts Table 11-2B-2. 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) One(1)public street access(S. Spanish Sun Way)is proposed via W. Overland Rd. in alignment with that to the south. Direct lot access via W. Overland Rd. and S. Linder Rd. is prohibited. One(1) stub street(W. Tasa St.)is proposed to the west boundary for future extension in accord with the Transportation System Map in the TMISAP. A temporary cul-de-sac is required to be constructed at the terminus of Tasa St.until the street is extended in the future. Cross-access/ingress-egress easements are required to be granted between all lots in the subdivision in accord with UDC 11-3A-3A.2. Capital Improvement Plan(CIP)/Integrated Five Year Work Plan(IFYWP): Per the ACHD report,Linder Rd. is scheduled in the IFYWP to be constructed as a new 4-lane 1-84 overpass and widened to 5-lanes on each side of 1-84 with a level 3 bike facility from Franklin Rd. to Overland Rd. in the future. The intersection of Overland Rd. and Linder Rd. is listed in the CIP to be widened to 6-lanes on the north and south legs and 7-lanes on the east west legs and signalized between 2036 and 2040. A future traffic signal is planned in the CIP at the Linder/Overland Rd. intersection and scheduled for 2031-2035 but may be accelerated if the Linder Rd. overpass becomes a priority. For this reason, and because Overland Rd. is fully built-out, a Traffic Impact Study(TIS)was not required by ACHD with this application. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC 11-3C- 6B.1 for non-residential uses in commercial districts. Parking stalls and drive-aisles should comply with the dimensions in UDC Table 11-3C-5. Pathways(UDC 11-3A-8): A 10' wide detached multi-use pathway is proposed as required within the street buffer along S. Linder Rd. in accord with the Pathways Master Plan. The pathway should be placed in a 14- foot wide public use easement,which shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s).If the pathway will be located entirely within the right-of-way, a public pedestrian easement is not needed. Sidewalks(UDC 11-3A-17): Sidewalks are required to be provided adjacent to all streets as set forth in UDC 11-3A-17; detached sidewalks/pathway are required along W. Overland Rd. and S. Linder Rd.,both arterial streets. and per the guidelines in the TMISAP. In accord with the TMISAP and UDC 11-3A-17E,Staff recommends minimum 5-foot wide detached sidewalks are provided along all streets within the development. Sidewalks/pathways should include dedicated crosswalks at the intersection with all streets within commercial activity centers and should be distinguished from surrounding paving as set forth in the TMISAP (Crosswalks,pg.3-28). Parkways (UDC 11-3A-17): Parkways are recommended along all streets within the development in accord with the TMISAP,planted with street trees and landscaping per the standards in UDC 11-3B-7C. The minimum width of parkways planted with Class II trees is 8-feet;the minimum with of parkway planters for Class I and III trees is 10-feet. Planter widths for Class 11 trees may be reduced to 6-feet if root barriers are installed per the standards listed in UDC 11-3A-17E. Landscaping(UDC 11-3B): A 50-foot wide street buffer is required adjacent to 1-84; 25-foot wide buffers are required along W. Overland Rd. and S. Linder Rd.,arterial streets; and a 10-foot wide buffers are required along S. Spanish Sun Way and W. Tasa St., local streets,per UDC Table 11-2B-3,landscaped per the standards listed in UDC 11-3B-7C. Street buffers with detached sidewalks are measured from back of curb. All street buffers are required to be maintained by the property owner or business owners' association per UDC 11-3B-7C.2b. If residential uses abut any of the lots at the time of lot development, a minimum 25-foot wide street buffer shall be provided, landscaped per the standards in UDC 11-3B-9C. A residential use currently exists on the abutting property to the west. Landscaping is required adjacent to the pathway along S. Linder Rd. per the standards in UDC 11-3B-12C. A 5' wide landscape strip is required on both sides of the pathway planted with a mix of trees, shrubs, lawn and/or other vegetative ground cover. Landscaping is required within parkways per the standards listed in UDC 11-3A-17 and 11-3B- 7C. There were existing trees on this site around the home that have been removed—the Applicant states these trees were diseased and trash trees that did not require mitigation. If any other trees exist on the site,mitigation may be required per the standards listed in UDC 11-3B-1OC.5. Contact the City Arborist,Matt Perkins,prior to removing any additional trees from the site to determine mitigation requirements. 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 Report for the subdivision. The preliminary plat depicts an existing ITD storm drainage facility at the northeast corner of the site that is proposed to remain. 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. This property lies within the boundary of Nampa- Meridian Irrigation District;water delivery is from the Kennedy Lateral which is piped along Overland Rd. The Applicant proposes to install a pressure irrigation system along with a pump station adjacent to W. Overland Rd. Utilities (UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. An existing 12-inch water main is located within Overland Rd.with a second 12-inch water main within the Linder Rd. right-of-way. An existing 30-inch sewer main line is located within Overland Rd. Waterways(UDC 11-3A-6): The Hardin Drain is a large open waterway that lies within a 40-foot wide easement across the northeast corner of the site that is proposed to be piped with a 36-inch reinforced concrete pipe in accord with UDC 11-3A-6B.3. 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. A 6-foot tall chain- link fence exists around the ITD storm drainage facility which is proposed to remain. No fencing is depicted on the plan around the Kendall Ford; Staff recommends if fencing is proposed for security that it be of a higher quality than chain-link(i.e.wrought iron)—the Applicant should clarify at the hearing if fencing will be proposed and if so,what type of fencing is proposed. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the Kendall Ford site as shown in Section VII.D. Two (2) single-story structures are proposed on Lot 1,Block 1 with building materials consisting of ACM panels(i.e. aluminum composite), corrugated horizontal metal panels, CMU in two(2)different colors;metal sunscreens and canopies are proposed over some windows. Overhead doors are proposed on the north, east and west sides of the building. Final design must comply with the design guidelines in the TMISAP and the design standards in the Architectural Standards Manual. VI. DECISION A. Staff: Staff recommends approval of the requested annexation with the requirement of a development agreement and preliminary plat per the provisions noted in Section VIII,per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard this item on April 15,2021.At the public hearing.the Commission moved to approve the subject AZ&PP requests. 1. Summary of the Commission public hearing: a. In favor: Becky McKay,Engineering Solutions b. In opposition:None C. Commenting:None d. Written testimony: Becky McKay,Engineering Solutions (in agreement with staff rTort) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by Commission. a. In favor of the location of the proposed use and site design. 4. Commission change(s)to Staff recommendation: a. None C. The Meridian City Council heard these items on June 1,2021. At the public hearing.the Council moved to approve the subject AZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: Shari Stiles,Engineering Solutions b. In opposition:None C. Commenting: None d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. Council allowed one building_permit to be issued for Kendall Ford prior to recordation of the plat with the caveat that it's subject t to approval by the Building Department(see condition#A.1 f in Section VIIII. VII. EXHIBITS A. Annexation Legal Description& Exhibit Map Leval Description Annexation & -G Rezone - Proposed Arternisia Subdivision A parcel being a portion of the SE'14 of the SE f4 of Section 14, Township 3 Nortn, Range ' West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at a Brass Cap monument marking the southeast corner of said Section 14, from which an Aluminum Cap monument marking the southwest corner of the SE Y,of said Section 14 bears N 89'19'41'W a distance of 2861.68 feet; Thence along the southerly boundary of said SE X of the SE %, also being the centerline of VV. Overland Road, N 89a19'41'W a distance of 923.89 feet to a paint; Thence leaving said centerline and southerly boundary N 0°44'19" E a distance of 1210-11 feet to point on the Centerline of Interstate 84: Thence along Bald Centerline S W9 'G2" E a distance of 921.31 feet to a point on the easterly boundary of said SE V4 of the SE '1, also being the centerline of S. Linder Road, Thence leaving the centerline of said Interstate 84 and along said easterly boundary and S. Linder Road Centerline 5 T32'59"Wa distance of 1213-95 feet to the POINT of BEGINNIN . This parcel contains 25.67 acres and is subyect to any easements existing or in use. Clinton W. Hansen, PLC Land Solutions. PC p,i Lq s March 5, 2421 � Tg IL I Lai1dW40JUti4m3 Artemisia Subdivision—AftNw on&Rmone ima'5~yvg;nd C�wiivg ,1M No.19-72 ra"1 Of 1 CITY OF MERIDIAN ANNEXATION & C-G REZONE PROPOSED ARTEMISIA SUBDIVISION A POR7 gNOR THE SE1m OF TH ESE 14 OF8E TON1f t3¥, K1&, Bk. Qi of MERIDIAN.ADA COUNTY, DAHO :» e ,�0 202 407 � �j PA'B 1. 2 KrMTATE 84 I � \ 2 j SEFj k g ACRES - § \ 7 � $ � . � ® P � + KGINNIR N 2 66 �7l, � @ � 2 a.1.�& j N�,m% G ,a' W. O��DRD 5 \ ■ km Of BEARING Q�r a, Latn d- io lutlons F Surveying and Go�umi g o ¥ �RkA\ �2 ■- _,_r' ___>. _._._� _� � B. Preliminary Plat&Phasing Plan(date: 1/27/2021) PRELIMMMY PLAT a� ARTEMISIA SUBDIVISION •u CplMn�unaxo �fI I a 2021aA l[ { PRDiCT SEESif --- �� ----------------------------------------- ------- !�i3E C . '.tea. f _ T1- 1 C.._i Y VI e I �PREL C. Landscape Plan(date: 3/1/2021) LANDSCAPE NOTES I U ig I I 0 � GENERAL NOTES.o 0 I � mrt '•��,�� LLWILWIIIIIIIIII''I II IIII IIIIIIIIIII�lI III�II�II�I � III !I _=®���-�_- @fl l IIIIIIIIIIIIIIIillllll IIIIIIIII III IIIIIIIIIII IIIIIII t I j I ON i IIIIIII ���I ILI ffv _ $F I 0NF- ` ARE REE - _ _ pLAN0.5CAPE CALCULATIONS A TWO i ARE OUR 9 CWRALL LANDSCAPE PLAN, �e g N L7.00 PLANT SCHEDULE Miiiii .-....- -^• ��r�•n-ter.-r-m _ .. 0 _ s 7 1.I W�� � — III m'• :i yi , �.» d euILOINc i euILOINc z o I. 0 �M�FTT�CHLINE-SEE SHEET L1.10 I � .HLIN--sEE SHEE � r r1 F�n i—q R © L7-70 PLaNrscnEouLE — — ' _ —_-- - ---- ----_- -----nM1TCHLINE- ESIEEI LI.10 HLINE-5EE5HE __—__—__—_ .___ _ _____, r ____ - q t� •• •I I a J � _ W.-----4Ni1 RR. m �J ------ PLANT SCHEDULE 00 RUT �•.I N I MATCH$ BMEFL ELI 3� ' —f-i-----MATGhR.iE ESHEETL1.40 -� - L7 30 o PLANT SCHEDULE I I ❑� 10 �_ MATCH�B$'�SH�fLI3C_ I I i' Ala fw L i =� . . . . . . . TEN U L SMILE Lim_ - - FLFVATIGN log PLrN VIEW :,� SIGN-DETAIL ° I y i -21 1 0 LANDSCAPE PLAN:AREA FOUR e© FL140 o LANDSCAPE SPECIFICATIONS k �uas THff Huwmn oEfAL v WN�alB liff ri-nMxo oern� I " ,.e �� annex�i r�,l';6 NLa�nxvi uu�ncx.T� - r na-en.. i ii i ii. eenn �8NP1B%_ANRtl�eTALLO1YR� I. .Zre. '' � Vwwr ,i ii ini iii n..iwT r w i - m a 0 0 0 ~Lzoo D. Conceptual Building Elevations (dated: 2/2/2021) SG HELEVATION `vvW w @iY—• � J �• W 7 Z =ORiH ELEVATION �`�A S Y 0 5 a z W Y 0 W 0 lY W r1EA5T ELEVATION ..\WEST EL AMN u�- IXRtI]!i COLCR flEV0.TgN8 A31 KENDALL OVERLAND " SOUTH VIEW KENDALL OVERLAND SOUTH VIEW ! SERVICE e ear KENDALL OVERLAND SOUTH VIEW ! �y 777 SERVICE KENDALL OVERLAND SOUTH WEST VIEW ! KENDALL OVERLAND C NORTH VIEW ''' rrmrIIIIIIIIIIIIIIIIIII KMALL - - -- KENDALL OVERLAND NORTH VIEW ff orrm I(EN00.L i'M .� KENDALL OVERLAND C NORTH EAST VIEW I ''' KENDALL OVERLAND SOUTH EAST VIEW ff''' ' E. Undated Site Plan(dated: 3/2/2021)Presented at City Council Hearing—NOT REVIEWED OR APPROVED BY PLANNING STAFF RVf 539°3631'E 275J0' Ner3VOE 335.13• KLFF 1 san°s,3a4aaaaR LU o w LU w J Q _ I Z 3 g a w spa re .. co r1 O -W.TASA SMEET- � O ___... Ad W333.B3 ""N83,9'41^N 4E8 5' - 14 ,3 BASIS OF REARING D 24 _ W.OVERLAND ROAD PROPOSED SITE PLAN 05-27-21 YWEMLL SREPUN M A1.0 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian and the property owner(s)at the time of annexation ordinance adoption. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Development of the subject property shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations submitted with the annexation application contained herein. b. Prior to development of the commercial/office portion of the development,the development agreement shall be amended to include a conceptual development plan that demonstrates consistency with the land use,transportation and design elements of the Ten Mile Interchange Specific Area Plan(TMISAP), including but not limited to the following: (1) Provide minimum 6-foot wide parkways/planting strips and detached minimum 5- foot wide sidewalks along all streets within the development(Pedestrian&Bicycle System,pg. 3-27). The minimum width of parkways planted with Class II trees is 8- feet; the minimum with of parkway planters for Class I and III trees is 10 feet. Planter widths for Class II trees may be reduced to 6-feet if root barriers are installed per the standards listed in UDC 11-3A-17E. (2) Sidewalks/pathways shall include dedicated crosswalks at the intersection with all streets within commercial activity centers and shall be distinguished from surrounding paving(Crosswalks,pg. 3-28). (3) Street furnishings such as seating,newspaper racks,bollards,trash receptacles, bicycle racks and other elements important to the functioning of an effective pedestrian environment shall be provided(Street Furniture,pgs. 3-28—3-29). (4) Exterior lighting should be used to provide illumination for the security and safety of entry drives,parking, service and loading areas,pathways, courtyards and plazas, without intruding on adjacent properties. Site lighting should be architecturally compatible and consistent in design between sites. (Lighting,pg. 3-30). (5) Future development along Overland Rd. and internal local streets should incorporate street-oriented design consistent with the TMISAP for commercial developments. (6) Building orientation and setbacks should be close to the street with the main entrance of buildings oriented to the street(Street-Oriented Design,pg. 3-33). (7) A continuous unbroken frontage along required build-to lines to a minimum height of 30-feet should be constructed for at least 75% of the property frontage. Adjustments to this requirement may be allowed, such as modest setbacks to accommodate additional sidewalk space for cafe seating,or breaks in frontage for the creation of pocket parks. New Buildings at street intersections should"hold the corners"and avoid introducing additional building setbacks unless a new public space is specified. At least 40%of the linear dimension of the street level frontages shall be in windows or doorways; street level windows shall be clear or tinted visually permeable glass (mirrored or reflective glass is prohibited). Window sills shall be located no higher than 3'6"above adjacent exterior grade;headers shall be located no lower than 8'0" above adjacent exterior grade.No wall frontage shall continue uninterrupted by a window or a functional public access doorway for a linear distance of greater than 12'. The principal doorway for public entry into a building shall be from the fronting street. Corner entrances may be provided on corner lot buildings (Commercial and Mixed-Use Buildings,pg. 3-33).No parking should be placed between a building and the fronting primary or secondary street(Commercial Activity Centers,pg. 3-37). (8) The space between a building fagade and the adjacent sidewalk or walkway should be appropriately landscaped with a combination of lawn,groundcover, shrubs and appropriate trees (Building Facades,pg. 3-38). (9) Low-rise buildings of 2-4 stories over much of the area is desired(Building Heights, pg. 3-38). (10) Buildings should be designed with clearly delineated bases,bodies and tops(Base, Body and Top,pg. 3-39). (11) Comply with the general recommendations for Activity Centers noted on pg. 3-40. (12) Awnings shall be provided on building facades for climate protection for pedestrians and shall extend a minimum of 5-feet from the fagade of the fronting structure—8- feet is preferable in wider pedestrian environments(Awnings,pg. 3-45). (13) Signs should be designed to contribute to the overall character,identity and way finding system. The colors,materials, sizes, shapes and lighting of signs should be compatible with the architecture of the buildings and the businesses they identify (Signs,pg. 3-46). (14) High quality public art should be incorporated into the design of streetscapes,public buildings,parks,transit, infrastructure, and other public projects(Public Art,pg. 3- 47). (15) Open civic spaces should be provided in commercial activity centers/mixed use environments and should be located adjacent to an accessible from at least one primary street(3-48). c. Minimum 5-foot wide pedestrian walkways shall be provided from the perimeter sidewalks along Overland and Linder Roads to the main building entrances in accord with UDC 11-3A-19B.4a. d. Internal pedestrian walkways shall be provided between buildings within the site for pedestrian connectivity. Internal walkways shall 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.4b. e. All future structures constructed on this site shall comply with the design guidelines in the TMISAP and the design standards in the Architectural Standards Manual. f. The final plat shall be recorded prior to issuance of building permits for any structures beyond those on the Kendall Ford site(i.e. Lot 1,Block 1). The Kendall Ford site is allowed to develop and obtain building permits prior to recordation of the plat. subject to approval by the Building Department. g. Compliance with the specific use standards listed in UDC 11-4-3-38: Vehicle Sales or Rental and Service is required. There will be no vehicle sales at this location as stated at the City Council hearing on June 1,2021. h. If fencing is proposed for security around the Kendall Ford site, it shall be of a higher quality than chain-link(i.e.wrought iron). 2. The final plat shall include the following revisions: a. Include a note prohibiting direct lot access via W. Overland Rd. and S. Linder Rd. b. Include a note granting cross-access/ingress-egress easements between all lots in the subdivision in accord with UDC 11-3A-3A.2. 3. The landscape plan submitted with the final plat shall be revised as follows: a. Include a calculations table on the plan that demonstrate compliance with the standards for street buffer(11-3B-7C),pathway(11-3B-12C)and parkway(11-3B-7C)landscaping; include required vs.provided number of trees. b. Include mitigation information for any existing trees that are removed from the site in accord with the standards listed in UDC 11-313-10C.5. Contact the City Arborist, Matt Perkins,prior to removing any trees from the site to determine mitigation requirements. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. 5. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. 6. A 14-foot wide public use easement for the multi-use pathway along S. Linder Rd. shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s).If the pathway will be located entirely within the right-of-way, a public pedestrian easement is not needed. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 This project has been granted permission to sewer the northern portion of the property outside of its designated sewer shed. 1.1.2 The applicant shall provide a deposit for the future construction of an 8-inch sewer main along the North portion of property. The deposit shall be 125%of the construction bid. The deposit must be provided to the City prior to signature of the final plat. 1.1.3 The applicant shall provide a sewer utility easement for the future construction of an 8-inch sewer main along the North portion of the property. The easement shall be 20-foot-wide and free from any permanent structure including buildings,fences,trees,bushes, etc. There must also be a point of access provided for future access to the main. 1.1.4 Provide a valve to the North and West side of the water tee located in the future Linder Road overpass. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 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. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any 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. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https://weblink.meridiancity.org/WebLink/DocView.gyp x?id=224777&dbid=0&repo=MeridianC iv D. CENTRAL DISTRICT HEALTH DEPARTMENT https://weblink.meridiancity.oLvlWebLink/Doc View.aspx?id=225351&dbid=0&repo=MeridianC hty E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianciby.org,/WebLink/Doc View.aspx?id=225372&dbid=0&repo=MeridianC F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=226077&dbid=0&repo=MeridianC Lty G. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=224816&dbid=0&repo=MeridianC hty H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancioy.orglWebLinkIDocView.aspx?id=225900&dbid=0&repo=MeridianC hty IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposed zoning map amendment to C-G and subsequent development is consistent with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment will allow for the development of a mix of commercial/office uses which will provide for the retail and service needs of the community consistent with the purpose statement of the commercial districts in accord with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use and transportation. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; 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) 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, 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 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. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Addendum to Development Agreement (Modern Craftsman at Black Cat H- 2022-0083) Between City of Meridian and Black Cat Apts LLC for Property Located at 4701 W. Caragana Ln. ADA COUNTY RECORDER Trent Tripple 2023-013738 BOISE IDAHO Pgs=10 BONNIE OBERBILLIG 03/09/2023 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Black Cat Apts LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 7th day of March 2023, ("ADDENDUM"),by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Black Cat Apts LLC ("OWNEWDEVELOPER"), whose address is 1401 17th Street, Suite 700, Denver, CO 80202. RECITALS A. OWNER/DEVELOPER has submitted an application for a Modification to the existing Development Agreement recorded December 17, 2020 as Instrument#2020-174261 in Ada County Records for the purpose of updating the provision regarding the two-story commercial building now proposed as a single-story structure with surface parking. The Meridian City Council approved said application with Findings of Fact and Conclusions of Law as in the attached Exhibit"A." B. CITY and OWNER/DEVELOPER now desire to amend said Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded December 17, 2020 as Instrument#2020-174261, except as amended as follows: a. Update existing Development Agreement provision 5.l.h as follows: 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 sto 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. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer, or their assigns,heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if MODIFICATION TO DEVELOPMENT AGREEMENT—MODERN CRAFTSMAN AT BLACK CAT II-2022-0083 Page I of 3 City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant,with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in full force and effect. [End of text. Acknowledgments, signatures, and Exhibit A follow.] MODIFICATION TO DEVELOPMENT AGREEMENT—MODERN CRAFTSMAN AT BLACK CAT H-2022-0083 Page 2 of 3 A( KNONN LE:DGNIEN I's IN WITNESS WHEREOF'. the parties ha\e herein executed this Addendum and made it effecti\e as hereinabo\e pro\ ided. ONN NER/ )EVELOPER: Black Cott .opts LLC 700 Its: ma-"5e&- 1TATE OF r ► ss. Count\ of Dq-,"vtK ' On this den ol-- 2D2;. before me. the undersigned, it Notarn Public in and liar said late, personally appeared—n- kno%%n or idenulied to Inc to be the — ol'Black Cat Apts ILLC and the person who siunc ilm e and ackno\\(edged to me that ihej executed the sank on behalf ol, 'aid corporation. IN \\ITNES5 \\HEREOF. I ha\c hereunto set m.% hand and affixed nr\ oflicrll seal the da\ and \car In this cerlificatc first Ibo\e \\ruler. MELISSA JOY NOTARY PUSUC STATE OF COLORADO -- NOTARY 10 20194031189 Nowry Publ FY CormaSSroNEx�RES Au 15 \tb C0111n115_ 1 ex es:_-'L�/�-��� (TIT( OF NILRIDLAN ATTEST: B\ : Mayor Robert E. Simison 3-7-2023 City Clerk Chris Johnson 3-7-2023 STATE OF IDAHO ss Comm of-Ada I On [Ills 7th_ day 01, March 21123, belore me. a Nolar\ Public. personally appeared Robert E. Simi on and 011-i0olmson. kno\\n or iden111ied 10 nle to be the \la\or and C nj C Icrk. respectively, 01,111C City of Meridian. "Ito executed the instrument or the person lhal e\ectited the in,Irunlenl of behalf,01'smd C,il\, and ackilo\\ledced to n1e thal such City executed the same. IN \1 ITNESS WHEREOF. I hme hereunto ,,Cl In\ hand and alliwd 111\`ollicial seal the day and year in this certificate lira abo\e\\Allen. Notar\ Public li)r Idaho 3-28-2028 \1,\ conlntlssion expires \I(11)I1ILAIIn\ 111DIVIIOP\Ili\I V,RlI \11N'I \It ID1 Its L R\1 I S\t\\ \I lil \l K l \1 I I-2n'-2.IUIS+ (rape: of EXHIBIT A STAFF REPORTC�,WE 1IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 1/17/2023 Legend RUTS DATE: R' 0 ElProject Location TO: Mayor&City Council R-4 RUT FROM: Stacy Hersh,Associate Planner R-8 R-8 208-884-5533 iC_ - R 15 SUBJECT: H-2022-0083 R-15 Modern Craftsman MDA R1 C-N L-O UT LOCATION: Project is located at 4701 W. Caragana � Lane,on the northeast corner of N. Black o ISM 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 17'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 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 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 facade. 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 facade 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 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 ste 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. B. The Meridian City Council heard this item on January 17,2023. At the public hearjU the Council moved to approve the subject MDA reauest. 1. Summary of the City Council public hearing: a. In favor: Elizabeth Koeckeritz, Givens Pursley; Ryan Sexton,Baron Properties: Greg Hector, Senior VP Construction Development for Baron b. In opposition:None c. Commenting:None d. Written testimony: Jamie Knight: Evelyn and Albert Joens e. Staff presenting application: Stacy Hersh f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Pam 3. Key issue(s)of discussion by City Council: a. P 4. City Council change(s)to Commission recommendation. a. None 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(ITD),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 20)26)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 CLIP Site Plan. i. The Vertically Integrated Residential Project area of the site shall adhere to the specific use standards as outlined in UDC 11-4-3-41. 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 I 1-4-3-27). 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: B. Proposed Revisions to the existing Development Agreement Provision 5.1.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 ste 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." C. Existing and Conceptual Site Plan: "I IT719F RETAIL: • 5,165SF I LL 7 U04ISF II IIII 9 t :tom e,4_ PREVIOUS a PROPOSED inummu ACTIVE PEDESTRIAN EDGES NON-ACTIVE/B LAN N FACADE IIIIIIIIIIIII MAXIMIZED GLAZING •.>MINIMALGLAZING THE PREVIOUS CONCEPT DESIGN PHOVIDES MINIMAL,ACTIVE AND VISIBLE RETAILOPPORIDNITIES-CHALLENGING TENANT LEASING. THE CUBBENT CESIGN ACTIVATES ALL SIDES OF THE BUILDING MAXIMIZING TENANT VISIBILITY AND PROVIDES AN ENHANCED PEDESTRIAN EXPERIENCE. SITE PLAN(ACTIVE AND NON-ACTIVE IBLANXFACADES) GBIJ BAQON 4 GOD I ^"i --------------------------- I . � y S — - 11 1 1 � Rwln l 1 C'. 1 - - 7.W4 GS r 1bG9 + II I IGII I fiS .mM R�.CEN[UfilN'3D7�' gg A099 x 1 1 D. Previous 2-Story Elevations: I. ComerCommercial Renderine-2-s#oNConceue MM Lk Page 45 Pale 18$ E. Proposed 1-Story Elevations: E MRMR MATERIAL UGERR GBp xe fDxl�xf,Npc9utti Hall ,�„„' _ r � YIYY_PIWf1 tX1e AIL .,. rni mulivsulzilltarr umtu[ mJX 411NIn N i IUYs�flfi@I6R'SINt®p t OV Y�INsfxX lSAltfK PIXY IIIX O]IIX i11iNXNIWY�;JI1AIOf lfl1Y SN1A21 — -�� alAtffAlfA llNlYx 1•X.CIIYI'itiifSA}I['.11H7� Fl tif�M�l � - -- _ UFlfR41fFlR 9L1 H: Xx],xi6:plyl{/gp1YXXq 11Y11 A64YX IllX�A1��]I']FI�Nq -- ffiL bYY [[xYN lh evi [Iu7 YAnG Sxlwxlu Ax ..m 1117N(Am ux:•!AAk. a smnlm lwxlw nu rsou�Ixxuc+Yl 011�. dYaIIFPNuIxi-':Yfulllup �...._.. lam fw ntuoXutxlXY�e �� K �o A201.11 @ 9 W IDIAN� AGENDA ITEM ITEM TOPIC: Approval of Sole Source Purchase of Lone Star Series Blowers from Lone Star Blower and Compressor C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 3/7/2023 Presenter: N/A Estimated Time: N/A Topic: Approval of Sole Source purchase of Lone Star Series Blowers from Lone Star Blower and Compressor. Recommended Council Action: Approval of Sole Source purchases Lone Star Blowers from Lone Star Blower and Compressor. Background: Sole source purchasing approval is being pursued for the Lone Star Blower system due to its overall performance, strong record of limited maintenance, and City operation and maintenance staff familiarity. It is also essential that the Blower Building 1 PLC and new blower LCPs be fully integrated with the existing WRRF process control programming and can deliver equipment control programs that are stable and optimized for efficiency. Moreover, Lone Star control panels are all based on the same PLC and operator interface hardware. Control panels provided by other vendors would likely be dissimilar and based on different components and programming standards. Additionally, interchangeability of parts between the blowers and streamlined maintenance operations contribute to the efficient utilization that would come from matching blowers. Therefore the Public Works Department is seeking a sole source per Idaho State Statute 67- 2808(2)(a)(ii) Where compatibility of equipment, components, accessories, computer software, replacements parts, or service is the paramount consideration. PURCHASING AGENT W IDIAN�' 33 East Broadway Avenue C> Meridian, ID 83642 Phone: 208-888-4433 Fax: 208-887-4813 CITY OF MERIDIAN SOLE SOURCE FORM Date: 10/27/22 Item or Service: Lone Star GL Series Blowers X Sole Source: Item is available from only one vendor. Item is one-of-a kind item and is not sold through distributors. Manufacturer is a sole distributor. Refer to instructions on 2nd page for completion. JUSTIFICATION: (Attach additional pages if needed) The City is demoing and rebuilding Blower Building 1 as part of the WRRF Aeration Basins 1-4 Retrofit and 9-10 Upgrade project. Blower Building 1 will be designed similarly to Blower Building 2 (recently completed in June 2020 as part of the Liquid Stream Capacity Expansion project). As part of this project we will need three aeration blowers (two large/one small). The City currently utilizes Lone Star GL series blowers at Blower Building 2. Air supply equipment (blowers) is a critical function within the City WRRF. Supplying the required air amount for the secondary treatment process affects the overall wastewater treatment performance. Therefore, process aeration control and air supply equipment are an essential step in the treatment process sustainability and energy efficiency. This type of equipment (GL series blowers from Lone Star) has proven to be reliable and easy to maintain by WRRF operations staff who are already familiar with this equipment. They are familiar with its parts, integration with other systems at the plant, and maintenance requirements. Purchasing matching blowers for the City's WRRF Aeration Basins 1-4 Retrofit and 9-10 Upgrade project from Lone Star would eliminate the additional time and effort required to learn a new system and integrate that system into current practices and would reduce the possibility of unforeseeable complications due to plant staff's unfamiliarity with a different manufacturer's equipment. The Lone Star GL Series blower equipment is a specialty product designed to efficiently produce airflow at a given pressure for a particular operating environment. Going to any other manufacturer would very likely require re-engineering the control philosophy and modifying the supervisory control and data acquisition system that has already been developed for aeration control. It would also require the WRRF to have a separate set of spare parts and critical mechanical components for the different blower models (especially with recent market conditions experiencing backlogs and shortage of parts issues). The scope of the City's WRRF Aeration Basins 1-4 Retrofit and 9-10 Upgrade project would include vendor-provided local control panels (LCP) for each blower and integration with a dedicated Blower Building 1 programmable logic control (PLC) panel for sequencing and loading all blowers in response to oxygen demand at the aeration basins. For the aeration system to function as intended, it is necessary that the controls of the LCPs and PLC be tightly integrated. Sole source purchasing approval is being pursued for the Lone Star Blower system due to its overall performance, strong record of limited maintenance, and City operation and maintenance staff familiarity. It is also essential that the Blower Building 1 PLC and new blower LCPs be fully integrated with the existing WRRF process control programming and can deliver equipment control programs that are stable and optimized for efficiency. Moreover, Lone Star control panels are all based on the same PLC and operator interface hardware. Control panels provided by other vendors would likely be dissimilar and based on different components and programming standards. Additionally, interchangeability of parts between the blowers and streamlined maintenance operations contribute to the efficient utilization that would come from matching blowers. Therefore the Public Works Department is seeking a sole source per Idaho State Statute 67- 2808(2)(a)(ii) Where compatibility of equipment, components, accessories, computer software, replacements parts, or service is the paramount consideration. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy& Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. Council Approval Date: Requestor (Tyson I ck) Purchasing Approval: Department Manager Signature Pw6hasing Manager v IDIAN� AGENDA ITEM ITEM TOPIC: Memorandum of Agreement between the City of Meridian and Canyon Data, Inc. for Commercial Property Listing Data C� fIEN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Consent Agenda From: David Miles, Daniel Torres Meeting Date: March 7, 2023 Presenter: Daniel Torres (if needed) Estimated Time: 0 mins Topic: Approve contract between Canyon Data, Inc. and the City of Meridian to display commercial real estate listing viewer on City's website at no cost. Recommended Council Action: Consent approval of contract between Canyon Data, Inc. and the City of Meridian to display commercial real estate listing viewer on City's website. This contract has a term of one year, and can be renewed annually if both parties agree.There is no cost to the city for this service. Background: The Economic Development team often is asked to provide customers with accurate information regarding the availability, location, cost,and listing agent for commercial real estate listings. Assembling this information is time consuming, both for staff and for customers, as listings are often found on individual broker's websites, on more than one multiple listing service (MLS) website, by word of mouth, etc. MLS services such as Intermountain MLS rely on individual real estate brokers to add their listings to their services, and not all agents use the same MLS. With the launch of the new city website,we are looking to enhance service offerings and to add information and tools pertinent to the business community to the "Business" section of the website. By providing more specific information to customers,businesses and developers in one place (or directing them to relevant areas of the City's Website) we can provide better customer service, and reduce customer's time and efforts, as well as maximize staff time. Canyon Data, Inc. provides a map listing service, similar to the Idaho Department of Commerce, and our team feels that the Canyon Data tool provides more user-friendly access and navigation. Their proprietary process, using robotics,A.I., human collaboration, and local researchers, captures,verifies, and provides an exhaustive dataset of the market. Canyon Data collects and performs monthly updates on over 150 unique data points to provide commercial real estate data to clients. Canyon Data's service does not rely solely on a single MLS, rather they review known MLS's, broker websites, and other sources of listing information to populate their service. Canyon Data has both computer Al and local research teams review and add every listing in the Boise MSA to their listing service.We believe that this impartial approach to listing ensures that listings are accurate, as well Pagel of 2 as fair to real estate brokers, developers and property owners, and removes a tremendous amount of work that the Economic Development staff would otherwise have to deploy to assemble and display this information. Further, use of this dataset sets Meridian apart within the Treasure Valley as it pertains to customer service. The proposed partnership between the City and Canyon Data would allow the City to embed Canyon Data's map-based listing service (https://canyondata.tech/propertiest). This service would take the place of the State of Idaho's "Gem State Prospector", currently on the "Property Search" section of the City's website. As proposed, there is no cost to either the City or to users of the City's website and access to this dataset, and the City retains the rights to continue to also embed the State's data set, or any other data set that meets the needs of the City. The city also retains the right to cancel the agreement of use with Canyon Data, Inc. at any time. We have worked with the internal legal and communications staff, and Canyon Data, Inc. to draft a contract consistent with City policies and interests,which has been authorized by Canyon Data, Inc. Canyon Data will work with staff to ensure that Canyon Data's listing service integrates properly with the City's Website, and with desktop and mobile devices. Council Action: Approve contract between City of Meridian and Canyon Data, Inc. Timeline: March 2023: Approve contract. March 2023: Add Canyon Data's listing service to the City Website. Page 2 of 2 MEMORANDUM OF AGREEMENT: CANYON LISTINGS COMMERCIAL PROPERTY DATA This MEMORANDUM OF AGREEMENT: COMMERCIAL PROPERTY LISTING DATA ("Agreement") is made this 7th day of March , 202 3("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Canyon Data, Inc., a general business corporation organized under the laws of the state of Idaho whose address is 2976 E. State Street, Suite 120 PMB 2081, Eagle, Idaho ("Licensor") (City and Licensor may hereinafter be collectively referred to as "Parties"). WHEREAS, Licensor has compiled a comprehensive dataset of available commercial real estate for sale or lease in the Boise Metropolitan Statistical Area("MSA"), with a user interface including a map with links to each property that show the property address,photograph, square footage, lease rate or sale price, and broker information; WHEREAS, such data is advantageous to Meridian businesses,businesses considering locating or investing in Meridian, and members of the public; WHEREAS, Licensor is willing to partner with City to make such dataset available on the City's Economic Development website for use and access as set forth herein; NOW, THEREFORE, subject to the limitations of this Agreement, in order to meet the objectives described above, and for good and valuable consideration, the Parties agree as follows: I. LICENSE. Licensor grants to City, and City accepts from Licensor, a non-exclusive, revocable, royalty-free, non-sublicensable and non-transferable license,under Licensor's copyrights, for the term of this agreement, to integrate, as a feature of City's website, Licensor's compiled database listing commercial properties for sale or lease in the Boise MSA, in the form of a user interface including, as available, a map of Meridian with active links to information about each property, including, as available, address,photograph, square footage, lease rate or sale price, and broker information("Canyon Listings"), and which constitutes the minimum information available to all users of the City's website without having to subscribe or pay for this information. A. Title. Subject only to the license granted by this Agreement, Licensor shall retain all right, title and interest, including all patent rights, copyrights and trademarks, in and to the Canyon Listings and all derivative works. B. Restrictions. The following restrictions shall apply to the license granted to City by this agreement, and shall survive termination of this Agreement. Except with notice to and written consent of Licensor: 1. City shall not provide, give, lease, lend, use for timesharing, service bureau or hosting purposes or otherwise use or allow persons or entities not a party to this Agreement to use the Canyon Listings; 2. City shall not, decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code,underlying ideas, algorithms, file formats or programming or interoperability interfaces of the Canyon Listings by any means whatsoever; MOA:COMMERCIAL PROPERTY LISTING DATA PAGE 1 OF 5 3. City shall not remove any product identification, copyright, trademark or other notices; and 4. City shall not use the Canyon Listings for any purpose other than that described in this Agreement. 5. Canyon Listings shall not use any information obtained from users of Canyon Listings through the City Website for use as a mailing or telephone list. C. Purpose. City shall display and make available the Canyon Listings on City's website for public access and use for educational and informational purposes. D. Consideration. Licensor has agreed to provide the license as set forth in this Agreement in exchange for promotional consideration, with no monetary charge to City. City shall acknowledge on its website that the Canyon Listings is a product provided by Licensor. E. Data transfer. Licensor shall transfer the Canyon Listings to City in a format suitable for upload to the City's website. City shall provide Licensor the name, e-mail address, and telephone number of specific City personnel ("City Contact") who shall serve as the liaison between City and Liaison for all day-to-day matters, including data transfer and technical issues. Licensor shall provide City the name, e-mail address, and telephone number of specific Licensor personnel ("Licensor Contact")who shall serve as the liaison between Licensor and City for all day-to-day matters. The means, method, frequency, and scheduling of data transfer shall be determined and arranged by the City Contact and Licensor Contact. Either party may change its designated Contact person by notifying the other within two (2) business days in the manner provided in this section. II. TERM. This Agreement shall commence on the Effective Date, and shall expire one (1) year from the Effective Date. This Agreement shall automatically be renewed from year to year thereafter unless earlier terminated by any Party as provided herein, if City removes the Canyon Listings from City's website, or until terminated as provided herein. III. GENERAL PROVISIONS. A. Data integrity. Subject to the limitations of this Agreement, it is acknowledged by the Parties that Licensor does, and shall, make every reasonable attempt to ensure that the data in the Canyon Listings is comprehensive, accurate, and up-to-date at all times. Licensor does, and shall, adhere to industry standards in creating and maintaining the listings set forth in Canyon Listings. B. Limitation of liability.Notwithstanding anything in this agreement to the contrary, neither party shall be liable or obligated, and each shall hold the other harmless, with respect to any subject matter of this agreement or under contract, negligence, strict liability or any other legal or equitable theory for the following: 1. Any special, punitive, incidental or consequential damages (including, without limitation, for any lost profits, cost of procurement of substitute goods, technology, services or rights); 2. Interruption of use or loss or corruption of data; 3. Failure of website to display content; or 4. Any matter beyond its reasonable control. MOA:COMMERCIAL PROPERTY LISTING DATA PAGE 2 OF 5 This provision shall survive termination of this Agreement. C. No warranty. The Canyon Listings are provided by Licensor"as-is" and with all faults accepted, with no warranties, express or implied, of any kind. Licensor makes no other representation or warranty of any kind whether express or implied with respect to the Canyon Listings. Licensor does not warrant that the Canyon Listings are error-free or that operation of the Canyon Listings will be secure or uninterrupted. To the full extent permitted by law, the duration of statutorily required warranties, if any, shall be limited to the shortest permissible duration. Moreover, in no event will warranties provided by law, if any, apply unless they are required to apply by statute. D. Termination. Either party may terminate this Agreement for convenience or for cause. Termination shall be effective thirty(30) days following mailing of written notice to the other party. Upon termination, City shall immediately cease all use of the Canyon Listings and so certify to Licensor. Termination is not an exclusive remedy; all other remedies will be available whether or not this Agreement is terminated. E. Promotion. City hereby conveys to Licensor permission to use City's name for promotional purposes. Upon Licensor's request, City Contact may provide Licensor with a written testimonial for promotional use. , Licensor shall give City the opportunity to review, and approve use of the City Logo and all promotional materials in advance of their publication, broadcast or dissemination. F. Non-Discrimination. Throughout the course and scope of this Agreement, Licensor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation, familial status, or any physical, mental, or sensory handicap. G. Cumulative remedies. The remedies under this Agreement shall be cumulative and not alternative. The election of one remedy for a breach shall not preclude pursuit of other remedies unless as expressly provided in this Agreement. H. Governing law. This Agreement shall be governed in all respects by the substantive laws of the State of Idaho, United States of America. Any dispute regarding this Agreement shall be subject to the exclusive jurisdiction of and venue of district, state, and/or federal courts located in the state of Idaho, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts. I. Day-to-day communications. Communication between Licensor Contact and City Contact regarding day-to-day matters (e.g., data transfer, technical issues) shall occur via e-mail or telephone. J. Notices. All other notices required or permitted by this Agreement shall be in writing and deemed to have been effectively given and received three (3)business days after the date of mailing by U.S. mail, postage prepaid. Notices shall be addressed as follows: If to Licensor: If to City: Canyon Data, Inc. City Clerk 2976 E. State Street City of Meridian Suite 120 PMB 2081 33 E. Broadway Avenue MOA:COMMERCIAL PROPERTY LISTING DATA PAGE 3 OF 5 Eagle ID 83616-6394 Meridian ID 83642 Either party may change its address for the purpose of this provision by giving written notice of such change in the manner herein provided. K. Assignment. Neither party shall assign or otherwise transfer any of its rights, obligations or licenses under this Agreement without the prior written consent of the other party. The provisions of this Agreement shall apply to and bind the successors and permitted assigns of the parties. L. Independent contractor. The relationship created by this Agreement is one of independent contractors, and not partners or joint venturers. Unless otherwise agreed in writing, no employees, consultants, contractors or agents of one party are employees, consultants, contractors or agents of the other party, nor do they have any authority to bind the other party by contract or otherwise to any obligation, except as expressly set forth herein. Neither party will represent to the contrary, either expressly, implicitly or otherwise. Specifically, without limitation, Licensor understands, acknowledges, and agrees: 1. Licensor is free from actual and potential control by City in the provision of services under this Agreement. 2. Licensor is engaged in an independently established trade, occupation,profession, or business. 3. Licensor has the authority to hire subordinates. 4. Neither Licensor nor City shall be liable to the other for a termination of the business relationship described under this Agreement. Neither party nor its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of the other party in any manner or for any purpose whatsoever. M. Not exclusive. Nothing in this Agreement shall prevent City from entering into agreements with other parties for the same or similar services provided by Licensor, as described herein. Nothing in this Agreement shall prevent Licensor from issuing the same or similar license, as described herein, to other parties. N. Third party beneficiaries. The Parties acknowledge and agree that there are no third-party beneficiaries of this Agreement. O. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected, and shall continue in full force and effect. P. No waiver. The failure of either party to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of this Agreement or to exercise any right hereunder, shall not be construed as a waiver or relinquishment of the future performance of any rights, and the obligations of the party with respect to such future performance shall continue in full force and effect. Q. Entire agreement. This Agreement and any and all exhibits hereto contain the complete, final, and exclusive agreement of the parties and supersedes any and all prior agreements, understandings, negotiations, discussions, statements,promises, or inducements made by MOA:COMMERCIAL PROPERTY LISTING DATA PAGE 4 OF 5 either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written amendment or addendum signed by both parties hereto. No modification or rescission of this Agreement shall be binding unless executed in writing by both City and Licensor in the manner set forth herein. R. Presumptions/review. In construing the terms of this Agreement, no presumption shall operate in either party's favor as a result of that party's counsel's role in drafting the terms or provisions hereof. Further, it is agreed that Licensor has had a full and fair opportunity to review the terms herein and to consult with legal counsel before signing. Accordingly, because Licensor has had ample review opportunities and because Licensor is and was free to elect not to accept these terms, Licensor acknowledges that this is not a contract of adhesion. S. Attorney fees. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement will be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and attorney fees. T. Compliance with law. Throughout the course of this Agreement, each Party shall comply with all applicable federal, state, and local laws. U. Authority. Each party represents that all corporate action necessary for the authorization, acceptance and delivery of this Agreement by such party and the performance of its obligations hereunder has been taken. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. LICENSOR: By: Emily(§Rhneider Chief Operating Officer, Canyon Data, Inc. CITY OF MERIDIAN: By: Robert E. Simison, Mayor 3-7-2023 Attest: Chris Johnson, City Clerk 3-7-2023 MOA:COMMERCIAL PROPERTY LISTING DATA PAGE 5 OF 5 W IDIAN� AGENDA ITEM ITEM TOPIC: Transportation Commission Annual Report C� fIEN .D L4,, Ht- MEMO TO CITY COUNCIL Agenda Topic on the City Council Agenda From: Meridian Transportation Commission Meeting Date: March 7, 2023 Presenter: Walter Steed, Chair Estimated Time: 15 minutes Topic: Transportation Commission 2022 End of Year Report Meridian Transportation Commission -Walter Steed, Chair -Stephen Lewis -Tom LeClaire -Jared Smith,Vice-Chair -Tracy Hopkins -Zachary Shoemaker -David Ballard -Ryan Lancaster - Hoyoon Song The Meridian Transportation Commission was formed in February 2013 with Ordinance No. 13-152. The Commission consists of nine appointed commissioners and meets in the Council Chambers on the first Monday of each month. Walter Steed and Jared Smith served as Chair and Vice-Chair in 2022. Last month both were re- elected to their respective positions for 2023. Joseph Leckie served as the Youth Commissioner January through August; Hoyoon Song was appointed to the position beginning in October. Representatives from Idaho Transportation Department (ITD) District 3, Ada County Highway District (ACHD), COMPASS, Valley Regional Transit (VRT), and the West Ada School District (WASD) participate as ex-officio members. Planning Division Manager Caleb Hood and Comprehensive Associate Coordination Planner Miranda Carson provide staff support. Tishra Murray, Deputy City Attorney, provides legal guidance. January through September, Sergeant Justin Dance provided regular traffic issues and concerns from the Meridian Police Department (MPD) to the Commission. Since October, Corporal Randy Goodspeed has provided those updates. City Staff provides monthly updates regarding the progress of ITD and ACHD projects in design and construction. Additional City staff and other staff from the ex-officio agencies interact with the Commission from time-to-time, as do members of the public. Regarding what we did last year, in January 2022, resident Jon Wheeler presented on concerns at the Bri Development on Records Avenue south of River Valley. The Commission requested a speed study and crosswalk evaluation from ACHD on Records, and ACHD determined no change was warranted with crosswalks. Valley Regional Transit's Alissa Taysom provided an update on the Connected 2.0 transit plan. In February, the Commission heard a presentation from Meridian Planner, Brian McClure on the new Fields Sub- area Plan, and Planning Director, Caleb Hood on center median options along Ustick Road. The Commission had lengthy discussion of variable road speeds on Eagle Road and recommended a speed study. The Ordinance and Development Subcommittee discussed Meridian parking ordinance and reviewed current conditions of Downtown parking; Subcommittee Chair, Tom LeClaire provided an update to the full Commission. To refresh Commission and update newer Commissioners, Miranda Carson provided a review of the Commission bylaws,and there was discussion of duties and powers. In March, Commissioner Stephen Lewis presented on enhanced pedestrian crossings,which the ACHD Pedestrian Advisory Group was considering in the Valley and solicited feedback from fellow Commissioners. In May, ACHD's Meg McCarthy gave a presentation on the ACHD Bicycle Advisory Committee. Per citizen request, there was also discussion on crosswalks on Stockenham and consideration of adding compression brake signs on Linder. In June, Mayor Simison at the request of the Commission recapped the State of the City transportation review.A citizen concern regarding compression brake usage on Linder Road was further discussed with input from ACHD and City staff. Austin Miller from ACHD presented on the agency's Capital Improvement Plan and impact fee ordinance. Resident Samantha Cragg presented on concerns regarding a pathway crossing on Amity, and the Commission recommended an enhanced crossing be considered by the Prioritization subcommittee for inclusion in the City's Integrated Five-Year Work Plan (IFYWP) requests. Discussion began on citizen concerns around a micro-path in the Raven Hill subdivision. In August,Chair Steed provided an update on the ACHD Capital Investment Citizens Advisory Committee's(CICAC) work on the ACHD impact fee ordinance. Resident concerns regarding u-turns on Chinden at Linder and "no parking" signs in the Woodbridge neighborhood were discussed. Resident concerns of a crossing at Black Cat and Gondola were discussed,and the Commission recommended an enhanced crossing be included in the City's IFYWP requests. In September, Commissioners and staff were given a tour of the ACHD Traffic Operation Center and Sign Shop. The tour also included an overview of current traffic signal operation in Ada County. In October, Elaine Clegg and COMPASS Planner Lila Klopfenstein provided a presentation on the history and future of local and interstate railways in the Treasure Valley. COMPASS Planner Hunter Mulhall provided a presentation on the 1-84 Operations Corridor Plan. There was lengthy discussion on a citizen inquiry in regard to speed limit signs and a crosswalk on Lost Rapids Drive near Bird Park. The Commission recommended MPD and ACHD staff collect and review speed data in the area. The Commission recommended a painted crossing be considered by the Prioritization subcommittee for inclusion in the City's IFYWP requests. In November, Lost Rapids Drive speed data from MPD and ACHD was reviewed and discussed.The Transportation Commission requested ACHD follow up with the neighbors regarding traffic calming and do a crosswalk evaluation at San Vito/Lost Rapids. There was also discussion regarding additional parking at Bird Park. Miranda Carson provided a primer on the City's annual transportation project prioritization efforts that were set to kick off with staff later in the month and begin with the Commission in December. The Prioritization subcommittee had a lengthy meeting in late-November to begin prioritizing Meridian transportation Projects as part of the IFYWP process. In December, Ashley Ferguson, owner of The Griddle restaurant on Overland, presented a request to have a crosswalk installed and the speed limit reduced on Celebration Avenue due to concerns about pedestrian safety in the area.The Commission recommended several actions, and City and ACHD staff began to work through these issues.The Commission reviewed the Roads and Intersections section of the IFYWP list. A complete record of TC minutes can be found here: https://weblink.meridiancity.org/WebLink/Browse.aspx?id=255481&dbid=0&repo=MeridianCity. The Transportation Commission is grateful for the opportunity to provide service to the citizens of Meridian and City Council regarding transportation systems in our community. E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 Changes to Agenda: None Item #1: Sagecreek Subdivision (SHP-2023-0001) Application(s):  Short Plat Size of property, existing zoning, and location: This site consists of 0.929 acres of land, zoned C-C, located at 1554 S. Labrador Way. History: Development Agreement #2016-045075; CZC & DES A-2022-0023 Comprehensive Plan FLUM Designation: Mix Use Community (MU-C) SUMMARY OF REQUEST: The applicant is proposing to subdivide Lot 4, Block 2 of Swindell Subdivision into two (2) building lots. The perimeter landscaping was installed with the previous subdivision improvements. Lot 2, Block 1 is developed with a new 5,595 two-story office building and associated site/landscape improvements (A-2022-0023). Once subdivided, the remaining lot will accommodate a future office/commercial use and requires CZC and DES approval before commencing with construction on the new lot. To ensure there is adequate parking for the site and shared access is provided, staff recommends the applicant add a plat note granting cross access and shared parking between the two lots. Further, direct lot access is prohibited to E. Overland Road in accord with UDC 11-3A-3. Written Testimony: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number SHP-2023-0001, as presented in the staff report for the hearing date of March 7, 2023: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number SHP-2023-0001, as presented during the hearing on March 7, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number SHP-2023-0001 to the hearing date of March 7, 2023 for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting March 7, 2023 Item #1: Zoning Map Short Plat-Sagecreek Short Plat & Existing Landscape Plan V IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Sagecreek Subdivision (SHP-2023-0001) by Mason and Associates, located at 1554 S. Labrador Way Application Materials: https://bit.ly/SHP-2023-0001 A. Request: Short Plat to subdivide an existing commercial lot (R8257510090) into two (2) building lots on approximately 0.929 acres of land in the C-C zoning district. PUBLIC HEARING SIGN IN SHEET DATE: March 7, 2023 ITEM # ON AGENDA: 14 PROJECT NAME: Sagecreek Subdivision (SHP-2023-0001) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 2 , 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT C:�*%- W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 3/7/2023 R6 R=8 Legend I_� DATE: Project Location C=C Rl TO: Mayor&City Council FROM: Stacy Hersh,Associate Planner =RUT I-L RUT I_L 208-884-5533 C-G L-O C-G SUBJECT: SHP-2023-0001 c=G B B Sagecreek Subdivision SHP � R-8 ® c-c L-o LOCATION: 1554 S. Labrador Way 9 ��4 R-8 RR I. PROJECT DESCRIPTION Short Plat request to subdivide an existing commercial lot(R8257510090) into two (2)building lots on approximately 0.929 acres of land in the C-C zoning district. II. APPLICANT INFORMATION A. Applicant: Angie Cuellar,Mason&Associates—924 3`d street South Suite B,Nampa, ID 83651 B. Owner: Soo Young Properties,LLC— 1403 Mace Road,Eagle,Id 83616 C. Representative: Will Mason,Mason&Associates—924 3'Street South,ID 83651 III. NOTICING City Council Posting Date Legal notice published in newspaper 2/19/2023 Radius notice mailed to property owners within 500 feet 2/17/2023 Posted to Next Door 2/17/2023 Page 1 IV. STAFF ANALYSIS The applicant is proposing to subdivide Lot 4,Block 2 of Swindell Subdivision into two(2)building lots. The perimeter landscaping was installed with the previous subdivision improvements. Lot 2,Block 1 is developed with a new 5,595 two-story office building and associated site/landscape improvements(A-2022-0023). Once subdivided,the remaining lot will accommodate a future office/commercial use and requires CZC and DES approval before commencing with construction on the new lot. To ensure there is adequate parking for the site and shared access is provided, staff recommends the applicant add a plat note granting cross access and shared parking between the two lots. Further, direct lot access is prohibited to E. Overland Road in accord with UDC 11-3A-3. Staff has reviewed the proposed short plat for compliance with the criteria set forth in UDC 11-6B-5 and the required zoning regulations of the C-C zoning district and deems the short plat to be in compliance with said requirements. V. DECISION Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report and in accord with the findings in Section VIII. Page 2 VI. EXHIBITS A. Short Plat(date: 01/03/23) S.+kQ�OR�E1i SUBDMSION NcTr cLn.mw Awr O:P UE sc J e ABM awo ems'+wsrrte A PART % r.i Si TR SE f/6 ]4L3A ,F. r n w.x fnn wad w�lP'+ �APA�ni p exm nY+r w1`wal' i mn IPzm lN`K XS+rS•� � Wwt-- —__—.. -- o lit p .0 ehe ran ` � 4■ "G @ "`°"' `�`.�,,.d� u h•'a' �fi'ae i _._._._._. Kam'_ `.:1` a w�iu��x•ur rnxenvr �� h - .�^'lry-1H�•-�MVLIk" .fir �� weCG% .�vsnR.xnx�a � � � ` fY1850f7 Fy, i l I mr ��Su — —�._._ ..—..—..�_-----�• rr _.—_.�_-y,yK-�._.—. SN FEf i of Y Page 3 B. Existing Approved Landscape Plan(dated: 4/19/22) ----------------- -------------- --- r--------- ----- --- --- � I i Page 4 VII. CITY/AGENCY COMMENTS&CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development: AZ-15-010;RZ-15-011;PP-15-013;FP-2016-0109; DA Inst. #2016-045074; DA Inst. #2018-000750; CZC,DES A-2022-0023. 2. If the City Engineer's signature has not been obtained within two(2)years of the City Council's approval of the short plat,the short plat shall become null and void unless a time extension is obtained,per UDC 11-6B-7. 3. The Applicant shall obtain final approval from Ada County Surveyor's office of the proposed subdivision name prior to City Engineer's signature on the final plat. 4. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 5. The short plat prepared by Mason&Associates on 1/3/23 by Darin Holzhey, included in Section VI.A shall be revised as follows: a. Graphically depict the cross-access easement and shared parking on sheet 1 of the plat dated 1/3/23; or depict the recorded instrument numbers for the cross-access easement and shared parking agreement on sheet 1 of the plat dated 1/3/23. b. Add a new note: "stating the subdivision is subject to the existing Development Agreement and include the DA instrument number(DA Inst. #2018-000750)." c. Revise note#9: "Lots shall not be reduced in size without prior approval from the health authority and the City of Meridian." d. Add a new note: For any utility easement(s) and include the recorded instrument numbers (s). e. Include a new note: "Direct lot access via E. Overland Rd. is prohibited." 6. Prior to building permit submittal for any new commercial building on Lot 1, Block 1, Certificate of Zoning Compliance and Design Review approval shall be obtained. 7. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes.Contact the Meridian Postmaster,Sue Prescott,at 887-1620 for more information 8. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals noted above does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions of Approval 1. Sewer requires 20ft easement. 2. Ensure no permanent structures (trees, bushes, buildings, carports, trash receptacle walls, fences,infiltration trenches,light poles, etc.)are built within the utility easement. 3. The City's GIS records do not show an easement for the existing water stub to the southeast corner of the site. Applicant to provide proof of existing easement or provide a new 20' easement for the water stub that extends 10'beyond the end of the stub. Page 5 4. There is an existing 10" stub from Overland Rd to the southeast corner of the site. GIS shows an existing meter there(possible for irrigation).If this is not used it must be abandoned per the City requirements. General Conditions: 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Page 6 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the prof ect. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round Page 7 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 development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Mixed Use Community(MU-C) and the current zoning district of the site is C-C. Staff finds the proposed short plat complies with the short plat standards listed in UDC 11-613-5. Future development should comply with the dimensional standards for the C-C district listed in UDC Table 11-2B- 3. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services will be provided and are adequate to serve the proposed lots. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Staff finds all required utilities will be provided with lot development at the developer's expense. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services as services are already being provided in this area. E. The development will not be detrimental to the public health, safety or general welfare; and Staff finds the proposed development will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with short platting the structure on this site. Page 8