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HomeMy WebLinkAbout2023-03-28 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, March 28, 2023 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault (6:18 PM - 8:20 PM) Councilman Luke Cavener ABSENT Councilwoman Liz Strader Mayor Robert E. Simison PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Borton, Seconded by Councilman Cavener. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Overton, Councilman Cavener 1. Approve Minutes of the March 14, 2023 City Council Work Session 2. Approve the Minutes of the March 14, 2023 City Council Regular Meeting 3. McLinder Subdivision No. 2 Water Main Easement 4. Settler's Park Subdivision Sanitary Sewer and Water Main Easement No. 2 5. WaterWalk Hotel Water Main Easement No. 2 6. Recommendations for PY23 CDBG Housing and Public Facility/Infrastructure Projects 7. Resolution No. 23-2379: A Resolution Establishing the Reappointment of Elizabeth "Lizzie" Taylor to Seat 1 of the Meridian Arts Commission; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PUBLIC FORUM – Future Meeting Topics DEPARTMENT / COMMISSION REPORTS \[Action Item\] 8. Fiscal Year 2023 Budget Amendment for the amount of $367,700.00 to Cover Anticipated Additional Expense of Water and Wastewater Chemicals for the Remainder of Fiscal Year 2023 Approved Motion to approve made by Councilman Borton, Seconded by Councilman Cavener. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Overton, Councilman Cavener ACTION ITEMS 9. Public Hearing for Proposed Summer 2023 Fee Schedule of the Meridian Parks and Recreation Department 10. Resolution No. 23-2377: A Resolution Adopting the Summer 2023 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Overton, Councilman Cavener 11. Public Hearing for Rackham East Annexation and Rezone (H-2022-0085) by Brighton Development, Inc., Annexation located at 1032 S. Silverstone Way, south of Interstate 84, northeast of Overland Rd. and Eagle Rd. and Rezone located at 1074 S. Silverstone Way, south of Interstate 84, northeast of Overland Rd. and Eagle. Rd. Approved Application Materials: https://bit.ly/H-2022-0085 A. Request: Annexation of a sliver of property currently zoned RUT in Ada County as part of the overall Eagle View Landing project on 0.143 acres of land with a C-G zoning designation. B. Request: Rezone of 3.938 acres of land from the C-G zoning district to the R- 40 zoning district for the multi-family portion of the project previously platted as Lots 18-19, Block 1 of Rackham East Subdivision. Motion to approve made by Councilman Borton, Seconded by Councilman Cavener. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Overton, Councilman Cavener 12. Public Hearing for Newkirk Neighborhood (H-2022-0088) by Conger Group, located at 4250 W. Franklin Rd. Continued to April 11, 2023 Application Materials: https://bit.ly/H-2022-0088 A. Request: Annexation of 23.67 acres of land with a TN-R (Traditional Neighborhood Residential) zoning district. B. Request: Preliminary Plat consisting of 63 building lots and 8 common/other lots on 21.11 acres of land in the TN-R zoning district. Motion to continue to April 11, 2023 made by Councilman Borton, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener FUTURE MEETING TOPICS EXECUTIVE SESSION 13. Per Idaho Code 74-206 (d) To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code Motion to enter executive session made by Councilman Borton, Seconded by Councilman Cavener. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener Into executive session: 8:20 PM Out of executive session: 8:43 PM ADJOURNMENT 8:43 PM Meridian City Council March 28, 2023. A Meeting of the Meridian City Council was called to order at 6.00 p.m. Tuesday, March 28, 2023, by Council President Brad Hoaglun. Members Present: Joe Borton, Brad Hoaglun, Luke Cavener, Jessica Perreault and John Overton. Members Absent: Robert Simison and Liz Strader. Also present: Chris Johnson, Bill Nary, Bill Parsons, Stacy Hersh, Laurelei McVey, Garrett White, Berle Stokes, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE _X_ Liz Strader _X Joe Borton _X_ Brad Hoaglun _X_ John Overton _X_ Jessica Perreault(6:18pm) _X—Luke Cavener X Mayor Robert E. Simison Hoaglun: All right. I will call this regular meeting of the Meridian City Council to order. For the record today is Tuesday, March 28th, 2023. It is 6.00 p.m. And the first item of business is roll call attendance. Mr. Clerk. PLEDGE OF ALLEGIANCE Hoaglun: Next on the agenda is the Pledge of Allegiance. Please rise and I will say the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Hoaglun: Up next we have the community invocation being led by Pastor Troy Drake. So, we ask you just to join in the invocation or take this moment -- as a moment of personal reflection. Drake: Council Members, would you join me? Well, Lord, I just noticed on the way in that all those kids had wrote those messages out on the sidewalk and, Lord, they seem to hope for a better tomorrow and so, God, that's what I'm asking for for our city. Just thank you for the freedom that we have in this country and this beautiful state and city that we live in and we just do pray for those messages that are out there that we would choose to have peace and kindness towards one another and -- and love each other and -- and so I just pray, God, that you would protect our -- our city tonight, the citizens. We ask for special blessing over the first responders, the firefighters and -- and police officers who protect us diligently and that you protect them and, of course, God, I just Meridian City Council March 28,2023 Page 2 of 47 ask for everything that happens in this building -- all the decisions that are made and -- and, you know, all those that are -- are trying to do the best thing for our community. So, we just pray for all the decisions that are made here tonight and that you would just show a lot of grace to our elected officials here this evening and that they could make the best decisions for all of the -- you know, the citizens that we -- that have trusted them to make those decisions. So, ask that you bless it and we pray all these things in your name, Lord, amen. ADOPTION OF AGENDA Hoaglun: Thank you, Troy. Next on the agenda is the adoption of the agenda. Councilman Borton. Borton: Mr. President. There are no changes to the agenda as published, so I move that we adopt the agenda. Cavener: Second. Hoaglun: Have a motion and a second to adopt the agenda. All those in favor say aye. Any opposed? The agenda is adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the March 14, 2023 City Council Work Session 2. Approve the Minutes of the March 14, 2023 City Council Regular Meeting 3. McLinder Subdivision No. 2 Water Main Easement 4. Settler's Park Subdivision Sanitary Sewer and Water Main Easement No. 2 5. WaterWalk Hotel Water Main Easement No. 2 6. Recommendations for PY23 CDBG Housing and Public Facility/Infrastructure Projects 7. Resolution No. 23-2379: A Resolution Establishing the Reappointment of Elizabeth "Lizzie" Taylor to Seat 1 of the Meridian Arts Commission; and Providing an Effective Date Hoaglun: Next is the Consent Agenda. Councilman Borton. Meridian City Council March 28,2023 Page 3 of 47 Borton: I move that we approve the Consent Agenda as published and for the President to sign and Clerk to attest. Cavener: Second. Hoaglun: Motion and second to approve the Consent Agenda. All those in favor signify by saying aye. Any opposed? The ayes have it and the Consent Agenda is approved. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Hoaglun: There were no items removed from the Consent Agenda. PUBLIC FORUM — Future Meeting Topics Hoaglun: Up next is the Public Forum. Mr. Clerk, do we have anybody signed up for the Public Forum? Johnson: Mr. President, we did not. DEPARTMENT/ COMMISSION REPORTS [Action Item] 8. Fiscal Year 2023 Budget Amendment for the amount of $367,700.00 to Cover Anticipated Additional Expense of Water and Wastewater Chemicals for the Remainder of Fiscal Year 2023 Hoaglun: Okay. Item No. 8. Department/Commission Reports. I think Laurelei McVey, Director of Public Works, has an item to present. McVey: All right. Thank you, Council. So, tonight I am in front of you requesting an FY-23 budget amendment in the amount of 367,700 dollars for chemicals for our water and wastewater facilities. These chemicals are essential to meet public health and regulatory requirements of both of the utilities. So, this budget amendment has primarily been driven by significant pricing increases that we have seen across the chemical industry. We plan for and try to predict these chemical budgets about eight months in advance. However, we didn't anticipate some of the really large pricing increases that we saw this year. We do several things to try to help mitigate costs, such as optimizing chemical use at our facilities. We also work with vendors to try to get the best pricing and we do competitively bid all of our chemicals to ensure that we are obtaining the best prices possible for these required chemicals. So, we have also increased our FY-24 budget estimates that we are working on to bring in front of you in the next couple months to better reflect these current levels. So, with that I will stand for any questions. Meridian City Council March 28,2023 Page 4 of 47 Hoaglun: Thank you, Laurelei and I wish you well in those estimates, because who knows. Any questions for -- regarding this budget amendment? Borton: Mr. President? Hoaglun: Councilman Borton. Borton, Just to comment. Laurelei mentioned this to me a couple weeks ago I think and -- and one of the things that you do really well in Public Works is provide that detailed context and explanation as to why and -- and explain for the public record the efforts you take to mitigate costs and anticipate future increases. These are regulatory requirements. We don't have an option to utilize these chemicals for necessary testing. So, it definitely makes sense, but the background explanation you provide is very important and helpful and I appreciate it. Hoaglun: Any other questions? Councilman Borton. Borton: Mr. President, I move that we approve the budget amendment as requested for the fiscal year 2023 for Public Works in the amount of 367,700 dollars. Cavener: Second. Hoaglun: We have a motion and a second to approve the budget amendment for Public Works in the amount of 367,700 dollars. Mr. Clerk, will you, please, call the roll? Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, absent; Strader, absent; Overton, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: FOUR AYES. TWO ABSENT. ACTION ITEMS 9. Public Hearing for Proposed Summer 2023 Fee Schedule of the Meridian Parks and Recreation Department Hoaglun: Thank you, Laurelei. Next up we have a public hearing regarding the proposed 2023 summer fee schedule for the Parks Department. Garrett. White: Mr. President, Members of the Council, thanks for having me tonight. This should be pretty short and sweet I hope. In front of you are the 2023 summer activity guide fee proposals. With that I will stand for questions. Hoaglun: Council, any questions? Meridian City Council March 28,2023 Page 5 of 47 Cavener: Mr. President? Hoaglun: Yes. Cavener: As I recall you came before us last week, we just had a noticing requirement that we had to make sure that we fulfilled, so nothing else has changed since you presented to us last week. White: That's correct. Hoaglun: Any further questions for Garrett? Anyone like to close the public hearing? Oh, actually, I have to open the public hearing. The public hearing has been open. I need to let folks know. Didn't have anybody last time, but just in case is there anybody here who has signed up? Okay. Anybody here who wishes to testify? And do we have anybody online? And I don't see anybody -- Johnson: Only city staff online. Hoaglun: -- online to testify. So, do we have a motion? Councilman Cavener. Cavener: Mr. President, I move we close the public hearing on the 2023 fee schedule. Overton: Second. Hoaglun: We have a motion and a second to close the public hearing on Item No. 9. All those in favor of signify by saying aye. Any opposed? The ayes have it. The public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. 10. Resolution No. 23-2377: A Resolution Adopting the Summer 2023 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Hoaglun: Item No. 10 is Resolution 23-2377, which adopts the fee schedule for the Parks Department. Cavener: Mr. President? Hoaglun: Councilman Cavener. Cavener: I move that we approve Resolution No. 23-2377. Overton: Second. Meridian City Council March 28,2023 Page 6 of 47 Hoaglun: We have a motion and a second to approve the Resolution 23-2377. Mr. Clerk, can you, please, call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, absent; Strader, absent; Overton, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: FOUR AYES. TWO ABSENT. 11. Public Hearing for Rackham East Annexation and Rezone (H-2022- 0085) by Brighton Development, Inc., Annexation located at 1032 S. Silverstone Way, south of Interstate 84, northeast of Overland Rd. and Eagle Rd. and Rezone located at 1074 S. Silverstone Way, south of Interstate 84, northeast of Overland Rd. and Eagle Rd. A. Request: Annexation of a sliver of property currently zoned RUT in Ada County as part of the overall Eagle View Landing project on 0.143 acres of land with a C-G zoning designation. B. Request: Rezone of 3.938 acres of land from the C-G zoning district to the R40 zoning district for the multi-family portion of the project previously platted as Lots 18-19, Block 1 of Rackham East Subdivision. Hoaglun: Thank you, Garrett. Up next Item 11 is a public hearing for Rackham East annexation and rezone and, Stacy, you are going to present the staff report I see. And we are just clipping along. Do you -- do we tell jokes now? Do we let you -- to buy you more time? Song? Dance? I think the newest Council Member has to -- Cavener: The talent portion of the City Council meeting. Hoaglun: Whenever we have delays, you know, we got to have someone fill in, so -- Horton: Mr. President? Hoaglun: Councilman Borton. Borton: Did you see that John Smith, the local auctioneer, just passed away last week? Hoaglun: I did not. Borton: At the age of 40, 45, 50, 55, 60, 65. Hoaglun: Stacy, are you ready, please? Meridian City Council March 28,2023 Page 7 of 47 Hersh: Yes. Hoaglun: All right. Hersh: Good. Good evening, Council President and Council Members. The applicant has submitted applications of annexation and rezone for Rackham East Subdivision. The annexation is a sliver of property that consists of 0.143 acres of land that is currently zoned RUT as part of the overall Eagle View Landing project with a C-G zoning designation and that is located at 1032 South Silverstone Way. The rezone site of 3.938 acres of land from C-G to the R-40 zoning district for the multi-family portion of the project previously platted as Lots 18 and 19, Block 1, of the Rackham East Subdivision located at 1074 South Silverstone Way. History on the property is annexation and there is an existing development agreement that governs. The Comprehensive Plan FLUM designation is medium -- medium use regional and the summary of the request is a condition of approval of the Rackham East Subdivision or Eagle View Landing project required the applicant to annex -- annex the outparcel along the northern boundary of the site and rezone the western portion -- C-G zoned portion of the multi-family development to R-40 within one year of the recordation of the development agreement. This application request is to initially assure a cleanup of the zoning for these sites. Commission recommended approval on the March 2nd hearing and the summary of the condition -- of the Commission public hearing. Jon Wardle was in favor from Brighton. In opposition was Michael Blowers. Commenting was Jon Wardle. Written testimony was none. And key issues of concern were traffic concerns with the overall development impacting the adjacent residents. Key issues of discussion -- discussion by Commission was none. There were no changes to staffs recommendation. And outstanding issues for City Council are none. There was written testimony since the Commission hearing from Lyman Holyoke, who increased -- has concerns with increased traffic and noise. Would like to see a solid fencing to mitigate the noise and employees of the businesses making noise in their vehicles after their night shifts. This concludes staff's presentation and I stand for any questions. Hoaglun: Thank you, Stacy. Council, any questions for staff? Okay. Applicant. Mr. Wardle. Wardle: Good evening. For the record my name is Jon Wardle. My address is 2929 West Navigator Drive, Meridian, Idaho. 83642. Appreciate the opportunity just to testify really briefly on this. I know that three of you were at the hearing when we did this last year and at that hearing there was this question about a 14 foot strip of land along the freeway and at the time we had acquired it, but it wasn't part of the application. So, this is a cleanup bringing it in to the overall project. So, the zoning is the same. And during the process as well working with staff with the multi-family piece, which you see down here in orange, there is the blue piece, which is trapezoidal to the west. That's all multi- family and so just cleaning it up into one zone as an R-40 zone, instead of split between C-G and R-40. There is no changes to the project. These are just cleanup items as part of the original approval last year and we are just trying to close the loop and clean Meridian City Council March 28,2023 Page 8 of 47 this whole project up in terms of zoning and parcels. Happy to answer any questions you might have tonight on the project. Hoaglun: Thank you. Council, any questions for the applicant? Borton: Mr. President? Hoaglun: Yes, Councilman Borton. Borton: I really appreciate the follow up, both with staff and the applicant on this item. It is truly just that, a cleanup of what we already knew was going to need to take place. So, appreciate both of you taking care of it. Wardle: You bet. Thank you. Hoaglun: Okay. I guess no further questions at this time, Jon. Wardle: Thank you. Hoaglun: Mr. Clerk, do we have anybody signed up to testify? Johnson: Mr. Mayor, we do. Jeff Wrede. Hoaglun: Okay. Mr. Wrede, can you come forward and -- would like to testify? Oh. Okay. No worries. All right. Anybody online, Mr. Clerk. Didn't see anybody that looked like they were -- Johnson: Mr. President, there is one person. If they want to speak they should raise their hand. Hoaglun: I don't see any hand raised, so we will just proceed. Does the applicant want closing testimony? No closing testimony. So, Council? Borton: Mr. President? Hoaglun: Councilman Borton. Borton: Move we close the public hearing on H-2022-0085. Cavener: Second. Hoaglun: I have a motion and a second to close the public hearing. All those in favor signify by saying aye. Any opposed? Public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. Meridian City Council March 28,2023 Page 9 of 47 Borton: Mr. President? Hoaglun: Councilman Borton. Borton: Stacy laid it out very clearly as to what's necessary here and why it's necessary. I think the history and context explains very well why this small annexation and rezone is appropriate and a final cleanup of this part of the project. So, with that I move we approve H-2022-0085 as set forth in the staff report of March 28th, 2023. Cavener: Second. Hoaglun: We have a motion and a second for approval of the public -- the annexation and rezone of H-2022-0085. Mr. Clerk, can you, please, call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, absent; Strader, absent; Overton, yea. Hoaglun: All ayes. Motion carries. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. 12. Public Hearing for Newkirk Neighborhood (H-2022-0088) by Conger Group, located at 4250 W. Franklin Rd. A. Request: Annexation of 23.67 acres of land with a TN-R (Traditional Neighborhood Residential) zoning district. B. Request: Preliminary Plat consisting of 63 building lots and 8 common/other lots on 21.11 acres of land in the TN-R zoning district. Hoaglun: Up next public hearing for Newkirk Neighborhood and, Mr. Parsons, here will be the staff presenting on this one. Please -- please do it quickly so we don't have another joke from Councilman Borton. Parsons: I like the pace of tonight's hearing. So, I appreciate the expediting of the meeting tonight. So, last item for you tonight -- at least from a land use perspective -- is the Newkirk Neighborhood. The applicant is here this evening to discuss annexation and a preliminary plat. The subject property consists of 21.06 acres of land, zoned RUT in Ada county and is located at 4250 West Franklin Road and you can see the -- the future land use map here, the zoning map and the aerial. One thing to note about this particular project is it's -- it's actually the last piece of the puzzle to connect to get a collective road built in this section or at least north of Franklin in this area and that's important, because the Ten Mile Specific Area Plan calls for that roadway and it's part of our master street map that we coordinate with ACHD on and so the applicant is proposing to construct that roadway with phase one of the development. Also mention Meridian City Council March 28,2023 Page 10 of 47 to you, as you can see here on the future land use map, that it is currently designated as medium high density residential on our FLUM. In the Ten Mile Interchange Specific Area Plan we encourage -- or anticipate an overall target density of 12 dwelling units to the acre, with a density range of eight to 15 dwelling units to the acre and that -- that's important to tonight's context, because of what we are going to be talking about, design versus the -- the open space and target density that we need in this particular area. The project before you this evening comes in at approximately 13 dwellings to the acre, which is consistent with -- with the plan. Also what comes along with this plan is specific design elements that need to be incorporated as part of the development and with this particular request I thought it was prudent for staff to share with you some context on how zoning relates to the Comprehensive Plan. So, as you all know the Comprehensive Plan is a guide for development. In the code are the standards that we use to make sure that a plan meets that vision. So, what we do is -- is when an applicant comes in for this specific -- this area of Meridian or area of the city, we look at the designation of the Comprehensive Plan, we go to that document and we direct the applicant to the graphic on the left-hand side that you see here. So, you can see there is an MHDR and, then, all of those green dots represent the design elements that should be part of a project. Now, keep in mind a comp plan is not necessarily parcel specific like you have for a zoning ordinance. So, that entire area is primarily a medium high density residential, but when you look at this one piece it could have some elements of that, but not necessarily all of those elements. So, staff, we have to take that into context so when we do our review of a project. To break it down in simpler terms is the graphic in the middle and that shows you what we are looking for. So, we want attached product, moderate setbacks, typical one to three story heights in elevation and, then, the -- the primary design feature is front porches, no front loaded garages and predominantly alley loaded product. And, then, there is some graphs that coincide to show you what -- how to meet that vision. Now, when you go to the graphic on the right we have what we call the traditional neighborhood residential zoning district standards and that's what we use to implement what the plan wants and so what I wanted to do -- highlight for the Council this evening is, one, the TN-R zone requires a medium -- or a minimum net density of six. So, we have the comp line that goes off of the gross, but a zone that wants net, which we are good here on this particular project. Both the comp plan and the TN-R zone require a mix of housing products. This particular project has -- has three different product types -- residential project types and this only requires two. So, therefore, the applicant is providing one above meeting the requirements of not only the comp plan, but also the TN-R zoning district. And, then, the other bullet point to take into consideration is -- and what we will -- we will talk about a little bit this evening is the street access design of some of the units. You can see here that the TN-R zone does contemplate that the perimeter of a development will have street facing garages and that's what the applicant has designed here in order to comply with the zoning code, not necessarily the guideline or the design elements in the plan. That is something that we -- we discussed at the Planning and Zoning Commission hearing at great length in trying to let the -- help educate the Commission on how the -- the comp plan works in conjunction with the zoning ordinance and that's, essentially, led to the Commission's recommendation of not requiring front porches and stepping back the garages or individual garage doors for all of the units -- all of the Meridian City Council March 28,2023 Page 11 of 47 single family units and I will get into that more in my presentation. So, the applicant is here -- so, any questions on that before I move on to the rest of -- I know there is a lot to digest there, but I thought for context it was important to share with -- with the Council as we transition through this project, because there is a lot here. There is a lot to -- to consider and a lot of things that we want to make sure we get right here. Hoaglun: Thank you, Bill. I want to make note that Council Woman Perreault has joined us by phone here at 6.18 this evening. So, she's been on listening to your presentation. So, are there any questions at this point? Borton: Mr. President? Hoaglun: Councilman Borton. Borton: Since you asked, Bill, page six of the staff report highlights what you are talking about right now and the -- the difference between sort of the -- the floor requirement with the zoning in the TN-R and what the comp plan might want, but the staff report reads like there is still some unresolved -- or possibly some unresolved desire to have more of the comp plan components found in this development, speaking to the front porch and more alley loaded and it references the number of units, which really don't get close to what the comp plan is wanting to have happen. So, even if it's not a requirement it was still a desire to try and encourage it. So, I read that to mean like there might be some more discussion necessary to nudge it closer towards what the comp plan would like to see, even though the TN-R doesn't require it. Hoaglun: Mr. Parsons. Parson: Yeah. Mr. President, Council Member Borton, I think that's on the table tonight for sure and -- and as I get through my presentation a little bit more I will share some of that with you as well and -- and go into where we landed in some of the discussions we had. So, we could -- at least I can make you aware of what -- what -- how we have got to where we are tonight. But, you are right, originally staff was pushing for more of those -- those elements, but as we transitioned and went to the Commission, Commission felt what was -- the way it was designed met the intent of the Comprehensive Plan given the TN-R standards. With that, going to your original question, I think there are some design elements that we need to work on with the applicant. Mixture of more materials on the buildings. Some stone. I mean -- so, that's why you see some of that context that, yeah, we still need to work on those details and the applicant did acknowledge that and they are going to go through that design review process with staff and we will add some more architectural embellishments as we go through that staff level approval. Hoaglun: Any other questions, Council, at this point? All right. Bill, go ahead. Parsons: Perfect. So, the -- the applicant is requesting annexation of 23.67 acres of land with the TN-R zoning district as I mentioned and a preliminary plat consisting of 63 Meridian City Council March 28,2023 Page 12 of 47 building lots and eight common lots on 21.06 acres of land. The proposed development incorporates 44 single family attached homes, which are along -- primarily along the perimeter and, then, this internal lot here and, then, there is also 18 twnhome lots, which are accessed by an ally central to the development and, then, the large 10.44 acre parcel is the 216 multi-family apartments, with the overall density of, again, 13.32 units, which is consistent with the plan. If you look in the aerial here you will see there are some -- an existing residence and some outbuildings. They will be removed upon development of the subject property. Lot sizes for the -- for this development range from 2,090 square feet upwards to 4,257 square feet, with an average lot size of 2,790 and that goes back to some of the design elements that -- because the narrow -- the lots are so narrow in order to achieve the density desired in the plan it's tough to make some of those design concepts work and that's what was discussed at length at Planning and Zoning Commission. Also mention to you that the applicant is phasing their proposed development. So, all of the single family lots, including the collector street, will be phase one. The multi-family portion of the development is phase two. Access to this development is provided from San Marco Way, which is stubbed along the -- the west boundary of the site -- or, excuse me, the east boundary of the site, west boundary of the adjacent subdivision and that will be extended and stubbed to the property to the west. At the Planning and Zoning Commission we did have a -- quite a robust discussion around the extension of these roadways. Prior to the Commission hearing we did meet with ACHD staff and the applicant to talk about the extension of Zimmerman Lane and that's that sliver that you see here that runs north and south and connects to Fairview -- excuse me. Fairview. Franklin. Franklin Road. And after discussions with the applicant and ACHD, the applicant was asked by ACHD staff to provide additional information as part of their review to analyze whether or not Zimmerman Lane wasn't necessary to serve this development. Based on that information that was provided by the applicant ACHD felt that this road did not need to be extended and that access to the adjacent subdivisions could be accomplished by extending the three stub streets in the Ascent Townhome Subdivision that you see in the graphic in the lower right-hand corner. So, this roadway here and this roadway here will be -- the applicant will dedicate additional right of way for future extension and there is West Ski Hill Street that will be extended and tie into the collector roadway as part of phase one to provide that secondary access to the development. So, I just wanted to make it clear to you that that was the case. As part of that -- after the Planning and Zoning Commission the applicant and staff sat down, because what I didn't want to have happen was leave this sliver of land left out -- or how are we going to address who is to own and maintain an access to Zimmerman Lane when the applicant's willing to deed that to the adjacent property owners, because it is no longer necessary to serve their development and so the applicant did propose some -- some DA language. I left that as an outstanding issue for you to take under consideration this evening. But you can see here I have marked up on the graphic date the applicant wants to modify their annexation boundary and they have discussed dedication of this property to the adjacent property owners to acquire that and so they are working on that, but they want latitude for that to occur at the time of final plat or prior to signature on the final plat and not hold up this project this evening. So, staff anticipates the applicant submitting revised annexation boundary and a preliminary plat with that portion of the property Meridian City Council March 28,2023 Page 13 of 47 removed to allow that to occur and allow those county residents to continue to own the land inside the county. It's tough to mix city zoned property with county zoned property. So, it's easier to try to carve that out and allow that to happen through the county's process and not the city's process. That's the easier way to state it. Again, the applicant has discussed that with me this afternoon and have -- is close to reaching agreement with those property owners. So, at least indications are they want to acquire the additional property and I do have an exhibit in the presentation to show you how that will occur. Also mention to you that some of the -- four of the lots will take access from a common driveway up in that northwest corner. As you are aware, only three units can take access from a common drive when it's on -- when they are all on one side of that common driveway. The applicant will be seeking alternative compliance to allow up to four units and that will be submitted at the time of final plat. So, again, as I alluded to that previous discussion, here is how the applicant is proposing to divvy up that sliver of Zimmerman Lane, if you choose to go that route. So, you can see one -- there is actually two property owners that will get that -- will benefit. So, this green parcel here and, then, this blue parcel here is central in the center of two other additional properties will be the benefactors of that 50 foot sliver. And, then, you can see the additional right of way dedication that will be required by the applicant and that is addressed in the DA provision that's -- that will be shared with you tonight. The other part -- the other ACHD Commission that I want to make you aware of -- the location of this stub street here in this general location. So, when the Alamar Subdivision was annexed into the city, which is this TN-R property here, the applicant -- that DA required this applicant and that applicant to work together on the alignment of -- extension of this road or this stub street. The applicant for the Alamar Subdivision has received final plat approval already and you can see in ACHD's graphic here that they -- they show a general location of that roadway and the applicant -- so, ACHD has actually told the -- informed the applicant through the conditions of approval that this stub street is not approved in this location and that they actually need to shift it over to the east to align with this location in red. So, there will be an offset of intersections here, but, again, that will -- will be approved -- that has been approved by ACHD in their conditions of approval and we just did receive the final ACHD staff report this afternoon with the updated conditions that coincide with the graphic that you see here. So, in this particular -- here is the landscape plan and -- and the open space exhibit for you. You can see here that the applicant has modified the landscape plan -- at least the rendering to show you that that road will be extended from Ascent Townhomes per ACHD's condition. And you can see this will be -- again, it's the intent of the applicant to remove this portion and deed that to the adjacent county residents. I wanted to make mention to you -- again, as I mentioned to you, there is two phases to this. Phase one and phase two. So, phase one will have approximately 35 percent open space and that includes all of the linear open space along the south boundary. So, all of this will be built with phase one and, then, actually, the multi-family development is independent and will be providing 24 percent open space. So, we have a unique situation here where we have a comp plan that wants density and an ordinance that wants 15 percent plus open space and when you mix those two sometimes it's hard to get some of those traditional neighborhood concepts envisioned by the plan and that's -- again, that's why these lots are narrower than what you can see. So, it's hard to make some of those design concepts work. Meridian City Council March 28,2023 Page 14 of 47 And, then, here are the -- the proposed open space. I -- I have highlighted them in the hearing outline for you this evening, but you can see here based on staff analysis of the qualified open space and site amenities, the applicant is exceeding the UDC -- far in excess of the UDC standards, so have to actually commend the applicant for doing that. The other piece of this puzzle that you should be aware of is that the Kennedy Lateral does bisect the property here in the northeast corner of the -- of the property and it's owned by Nampa-Meridian. By -- by this canal bisecting the property there is an odd triangular piece of property that's located in this corner that the applicant is platting with this property in order to deed that to Nampa-Meridian, so that they can allow that exchange to happen and allow them to maintain their facility. I would also mention to you that the applicant is -- is going to leave the Kennedy Lateral open, like the adjacent subdivision, but staff has recommended that the applicant provide a wrought iron fence along the canal there to -- along the lateral to restrict access by the residents. So, I just wanted to make you aware of that as well. In your motion tonight that we will be asking you to -- for that waiver to leave that open. Again, it's -- it's part of a mixed-use or integrated project. We want to make sure there is adequate pedestrian connectivity that's part of the traditional neighborhood design concepts that we wanted -- that we require as part of the submittal. The applicant is demonstrating that for you as well this evening. And, then, here are the conceptual elevations that the applicant is proposing for the single family attached, the three unit townhomes, and, then, also the multi-family. And so going back to your original question that you asked, Councilman Borton, was -- you can see here some more work needs to be done on the front of these elevations to get some more of those durable materials on these elevations and, again, the applicant understands through that design review process that they will be required to do more stone on the building, more variation of materials. Add some decorative corbels. I mean that's the trade off that we are trying to -- to work with them on here. Let's try to get as close as we can to the plan. Again, in my earliest part of my presentation is this is a larger -- a smaller piece of a larger medium high density residential designation and so we are trying to get them as close to compliance with the comp plan as we can and I think with some additional design elements we can get there. Now, going back to the -- the discussion at the -- the Commission, they did recommend approval. Hethe Clark did testify in favor of the project. There were no neighbors that testified on the application. But, really, the -- the Commission really spent a lot of time discussing incorporating more alley loaded townhome lots in the development. Spent time about the architectural style of the homes. You know, the design standards versus what the TN-R requirements wanted and, then, extension of Zimmerman Lane. They also modified DA provision, so the Commission did not require some of those design elements as part of the elevations that you have this evening. Specifically regarding the -- the 30 percent of the front porches, stepping the garages back 20 feet and, then, having individual garage doors for each of the front loaded product type and, then, as I mentioned to you, staff did modify several conditions of approval and some DA provisions based on the requirements of ACHD. Originally ACHD, again, was requiring an extension of Zimmerman Lane until they got that additional information from the applicant, which necessitated a revision to the staff -- their staff report and changes to our conditions of approval as well. So, really, a couple of outstanding issues for you tonight. One is whether or not you want to support the annexation with the removal of Meridian City Council March 28,2023 Page 15 of 47 that sliver, changing the boundary not only of the plat, but also the -- the annexation boundary and, then, adding that DA provision that I have referenced on the hearing outline and, then, a waiver to leave the -- the canal open. Now, just to elaborate a little bit more on the Commission's discussion. It really stemmed around this particular block here, if you can see my cursor. Commission was -- I think Commission understood along the perimeter that we may not get one hundred percent compliance with the design concepts, but they had referenced -- or asked the applicant why this could not have more alley loaded or why this could not be oriented differently to provide more alley load or more of those townhome concepts. That's really where that discussion stemmed and we -- we talked about it and we talked about rotating them and having townhomes fronting on this open space and, then, having the -- the alleyway go east- west versus north-south. But, ultimately, the Commission felt with the amount of amenities and open space and the desired density that we were trying to -- trying to achieve and looking at the entire context of the area, they felt that what the applicant was proposing met the spirit of the comp plan and met the requirements of the TN-R zoning district. So, with that I will go ahead and conclude my presentation and, then, just stand for any questions you may have. Hoaglun: Thank you, Bill. Online we have some questions from Council Woman Perreault. So, Council Woman Perreault, if -- go ahead and unmute and you don't -- no -- no need to go through the chair, just go ahead and ask your questions. I know it's a little more difficult when you are just on phone. Perreault: Hello? Hoaglun: There you go. We hear you. Parsons: We hear you now. Perrault: Hi, there. Sorry. The -- the phone system was giving me a recording while you were speaking, Council President, so I didn't hear the last couple sentences that you said. Hoaglun: Council Woman Perreault, I just said go ahead, ask your questions and no need to go through the chair. I know it's a little difficult with that being on phone. So, you can just ask the staff questions as -- and have that dialogue. Perreault: Great. Thank you. I appreciate that. So -- and, Bill, I wanted you to specifically go through what are the -- the Ten Mile Plan requirements on this property that wouldn't be there if it was in a different location and -- and where I'm going with that is that it seems to me like every other apartment or multi-family project that's there along Franklin has the denser residential toward the front of the project and, then, the less dense towards the back, but this isn't exactly set up that way. So, I -- I have -- have some of those similar concerns that the Commission had in terms of, you know, really kind of wanting some more alley loaded townhomes and maybe a little bit less of the Meridian City Council March 28,2023 Page 16 of 47 apartment style, because there is already so much of that on that corridor as it is. So, if you could speak to that that would be helpful. Parsons: Council President, Council, Council Woman Perreault, I think I'm -- if I'm understanding your question correctly, I think you want -- you want me to speak more to the transition between the multi-family and the single family. Am I understanding the question correctly? Perreault: Well, no. I apologize. So, is it -- is it constraints of the property itself that they wouldn't put the -- the three story buildings on the front towards the collector and, then, have -- like on the -- on the south side and, then, have the -- the attached units all along the back, instead of splitting it down the middle north and south and having one on the east and one on the west? Parsons: Yeah. Council Woman Perreault, there -- there is no requirement to do that. I think what the applicant has done here is -- the parcel to the east is high density residential, believe it or not, sandwiched in between some medium high density residential and so I think -- and as part of their design here they are trying to transition from that more dense project and including this and, then, transition. So, they are trying to have density next to density and they are trying to have the single family next to less dense or the Aviation Subdivision, which is to the west, which has the less density. So, rather than doing that north-south transitioning that you are speaking to or having the three story fronting on the collector, they are trying to blend in with the two adjacent subdivisions that are either constructed or approved on the west and east of them. Perreault: Okay. That makes more sense. I don't know if you are aware of some of the drawings in the packet are actually flipped, so it looks like -- so, what you are showing on the screen here makes a lot more sense. Some of the drawings were turned and so it looked like it was actually set up differently than what I'm seeing on the current screen. One more question. So, the properties to the east, they are not nearly as close to the residential that sits north of the railroad tracks and is that because of the -- the waterway that runs through there? Is that why these look like they are going to sit so much closer than -- just distance wise from the residential across from the railroad track? Parsons: So, Council Woman Perreault, just a follow-up question on that. Are you speaking to Entrada Farms directly to the east or are you speaking to Silver Oaks farther to the east? There is a couple different projects going on and under construction in the area. So, is it west or east? Perreault: East. Parsons: Yeah. So, Entrada -- Perreault: It's really similar -- Meridian City Council March 28,2023 Page 17 of 47 Parsons: Entrada Farms does have the canal that runs there, which is on the east, which requires that to be stepped back a little bit more because of the irrigation easement. Perreault: Okay. That's helpful. I -- I have often seen people walking along the tracks. Pretty common. There is also a lot of wildlife back there. So, I was just kind of -- I'm just kind of trying to understand sort of the impact that we will have in general to that -- you know, that whole area, because as you said, this will sort of be the last piece of a really unique corridor in terms of how it's developed out and the different smaller parcels and the -- the long, you know, skinny five acre parcels and the school -- it's just a really unique corridor and I -- I don't know that there is going to be any way for us to make -- you know, for us to encourage it to be more uniform than it is. But I appreciate all the time that staff has spent with the applicants attempting to make it as workable as possible. Hoaglun: Any other questions, Council Woman Perreault, right now? Perreault: No. No. Thank you very much. Hoaglun: Okay. Council, other questions for staff at this time? If not, the applicant come forward and -- you know the drill, Hethe. State your name and address for the record. Clark: Thank you, Council President. Hethe Clark. 251 East Front Street in Boise representing the applicant. Appreciated Bill's presentation and, you know, I may try to abbreviate portions of mine, because I think that Bill's done a really good job with this and so let me get that -- it's the battle of the mics. Hoaglun: And as you start, Hethe, I like what you did with the Planning and Zoning is Ten Mile Plan works, instead of saying the long name or -- Clark: Yes. Hoaglun: -- acronym -- initials, so Ten Mile Plan we get it. Clark: Council President, you killed my joke, though. I had a whole thing worked with that. Hoaglun: I'm sorry. Clark: No. No problem. No. I -- and I will refer to it as the Ten Mile Plan. I -- I -- I played with TMISAP and could not say that enough times to make it roll off the tongue. So, again, this is property that's just north of Franklin, east of Black Cat. It's in the Ten Mile Plan. It is an area that is, you know, a priority growth area for the city and it is a -- an area that has a medium high density designation, which is important to everything that we are talking about today and the only words I might say more than Ten Mile Plan Meridian City Council March 28,2023 Page 18 of 47 is medium high density during this presentation. Let's see here. There we go. And I think that this might help with some of the questions that Council Member Perreault had just a moment ago, but I think it's really important to talk about some of the constraints that go along with this property. In-fill is never easy and this is as in-fill as in-fill gets and -- but we did have some unique challenges. So, one is it's a triangular site and designing to a triangular site is really never easy. That's complicated by the fact that we have -- this area is going to include the mid mile collector. So, you can see that those points were already set for us down here and about right here. So, that takes up a good portion of the southern area of the property. We are constrained on the north by the railroad tracks and the Kennedy Lateral and, you know, among other things what that means is that our access has to come from that mid mile collector. So, we are coming in from the east and the west and we are coming in through apartments that are on our east, which is the transition piece that Bill mentioned a second ago, transitioning out to -- to a lesser dense product on the west. And, then, in addition, just to add something else to it, there is some grading and slope challenges. There is a significant amount of fall as you go from north to south, which affects that layout. So, what -- what that means is is that we have portions of the site that are really taken up by the mid mile collector and as we try to meet some of these other goals that it reduces the area that we have to -- to operate in and that goes to some of the points that Bill mentioned before. So, with regard to the Comprehensive Plan, this will be the second time I say medium high density residential. The target density being 12 units per acre and -- but I do want to talk about the -- that a bit in terms of the way it's described in the Ten Mile Plan. Of course it's a planning -- comprehensive planning document. So, what that means is that it's not zoning code. It establishes the -- the goals that we need to be shooting for, but it's -- it's policy, it's guidance, and I think this is a really good example of -- of how you try to -- to make as many of those policies work in a project, while recognizing the -- the -- the realities of the site. So, this is the discussion that you can see under the medium high density residential component. The target density being 12 dwelling units per acre, but I also think it's important to point out that it -- it looks for a variety of different housing types in the medium high density area. So, you have row houses, townhomes, condominiums, apartment buildings and complexes. That's what we are trying to shoot for in the medium high area. So, with that in mind we have proposed a TN-R zone on 21 acres. Bill mentioned all of the -- the unit counts. We do have 35 percent open space and we do have a one acre park on the west side. As Council Member Cavener likes to see, it's centrally located. It has, you know, playground, swings, climbing dome, shade structures, high quality landscaping. You guys know this applicant, you know that they do a really great job with the parks. Again, 35 open space -- percent open space, but we are still hitting the -- the density target. And, again, 35 percent open space. This is a drawing that Bill showed. Here we go. Okay. So, Bill showed you some of the housing examples. We do understand that those are going to go through design review. These are the two unit structures that are largely located on the -- on the outer ring of the project. The colors and designs would be varied through the design review process. We also have the alley loaded townhomes that you can see here and just following up a little bit on Bill's point, just to kind of emphasize where things are located, we have on the outer ring the garage loaded and, then, also in this area in the green and, then, on the pink we have the area Meridian City Council March 28,2023 Page 19 of 47 that's the alley loaded. And, then, this is what the multi-family structures will look like. So, with that I would state that we are in agreement with the conditions of the staff report. We worked very hard with Bill to try to make sure all of these items were addressed. The one item that Bill mentioned that was something that we could discuss tonight would be the Zimmerman Lane treatment. As Bill mentioned, ACHD does not want Zimmerman Lane to connect and so the question became what do we do with it? And so we have proposed this condition that recognizes the ACHD requirements for stubs at Atomic Street and Chair Lift. So, we would be stubbing that property, you know, making sure that ACHD has those accesses and, then, from there we would convey that the -- the rest of -- the remainder of those properties out in the manner that Bill showed you before and just to facilitate that, because those properties are all in the county, you know, from our perspective it made sense to remove this from the annexation legal description, so you don't have slivers of county versus slivers of city property that are, then, mixed within those parcels as -- as we deed that out. So, that's the language that we have proposed. I would suggest that that would be an additional condition of approval and with that I'm happy to -- to answer questions that the Council might have. Hoaglun: Council, any questions for the applicant? Overton: Council President? Hoaglun: Yes. Councilman Overton. Overton: Hethe, staff, I don't know which one of you might want to address this. Just a question when it comes to the second parcel next to the current one that's ally loaded. The decision was made not to make that section alley loaded. What difference does that make being or not being alley loaded for parking availability within and also are the roadway dimensions the same around the ones that are alley loaded or not alley loaded? Not the alley, but the -- the actual roadways that run around it, are they the same dimension throughout? Clark: Bill, do you want that one? Hoaglun: Mr. Parsons. Parsons: I'm happy to take that one, Mr. President, Council -- Councilman Overton. So, the roads are -- this applicant typically has two different street sections they like to use per ACHD standards, so there will be some narrow roads and some wider roads and they did provide a parking exhibit as part of their overall plan, but as far as your parking standards, this will park pretty much the same. I mean they -- they are going to be required to comply with code, have the four parking stalls, the -- the -- the driveways in front of them. But to your point they will be limited on some of those streets just because there is parking allowed on one side because of the -- the template they are going to use. But also the fact that the lots are only 27 feet wide and the driveways are going to be 20, so just by virtue of that that will dictate how some of this will be parked Meridian City Council March 28,2023 Page 20 of 47 and if -- again, if you have an alley load product and typically you can front -- park around the entire street, because you have all -- you have no garage fronting, it's all off the alley parking. So, you -- technically you can park around the whole block and so that's what the applicant did demonstrate in their application submittal when they made the original application and that is in the staff report. I just eliminated the slide, because I didn't know if you guys wanted to talk about parking tonight. But the applicant will be required to comply with all parking regulations. Hoaglun: Council, anymore questions for the applicant? Borton: Mr. President? Hoaglun: Councilman Borton. Borton: Hethe, back to the condition that you had a couple of slides regarding Zimmerman Lane. I recall Bill saying that some additional part of a condition would be that this dedication -- the DA would state it has to occur before the final plat. I don't know if that's referenced here. Is that some -- an element to add to a proposed condition to ensure there is a deadline on it or -- Clark: Council President, Council Member Borton, we don't have an issue with that. The way I had originally drafted was -- drafted it was contemplating that if we remove it from the annexation legal, then, it's not really anything that -- that we need to worry about. But Bill made a good point that, you know, the city wants to make sure that that is conveyed that there is somebody that has control over it and so making that a requirement of final flat condition is -- is not a problem for us. Borton: Okay. Would that be just an addition to what's on the screen here? Clark: That's how I would see it. So, you would just say -- Borton- We can figure that out. Clark: You might just add prior to final plat at the very end. Yeah. Mr. Conger just reminded me that there is an ACHD condition that addresses all of that as well. So, we -- we would be aligning this with what ACHD is requiring. Borton: Okay. Mr. Nary, is that sufficient to have it stated like that for the DA for the -- triggering that condition? Anymore specificity? Nary: Mr. President, Members of Council, no. I mean we normally just refer back to the ACHD conditions as a requirement in the DA. So, I think we are okay. Borton: Thanks. Mr. President? Hoaglun: Councilman Borton. Meridian City Council March 28,2023 Page 21 of 47 Borton: The other question was on the northwest corner, that -- just that funky outparcel, if it's to be dedicated to Nampa-Meridian just across the lateral. Northeast. Excuse me. Clark: Yeah. If I can get this -- Borton- Yeah. So, it looked like that project built to the east has either parking or something up against it, so it really -- and Nampa-Meridian is not going to do anything to it. It -- it appears like it would just be a weed born outparcel disaster. Any opportunities that you came up with to try and solve that, maintain it, take some -- some obligation to try and -- I see you are going to have open vision fencing on the south side of it protecting access to it, which makes great sense, but it really is just going to be an Ignored eyesore, weed pit. So, now is a chance to see how we could address it. And while you guys are talking, Bill, I don't know -- that parcel to the east, do they have it fenced along the property line directly adjacent to that corner that, you know, makes it even more than exaggerated or is it open vision? Parsons: Councilman Borton, it -- they had wrought iron fencing along the canal as well. So, that's -- so, it -- it -- it is fenced, it's just open vision to your point. Borton: Heading -- on the property line heading directly north? Parsons: North and -- yep. Borton: Okay. Parsons: North and -- and east -- or west boundary is all open. All wrought iron. Borton: Yeah. Seems like there ought to be some way to address that. Clark: Yeah. And Council -- Council President, Council Member Borton. So, that's been an ongoing discussion with Nampa-Meridian. I wanted to check with Laren, because there is some funkiness in the -- in the ownership along that as well. But it -- it is shown within our plat. We are going to do the wrought iron. We don't want that to be an eyesore as well. So, what we would be working on with Nampa-Meridian would be an ongoing license to allow for at least knocking down the -- the vegetation that might grow out there, you know, if not something more than that, so -- and we are -- we are very sympathetic to that point and so that we -- we would work on that, you know, for no other reason other than the -- the marketability of the product -- Borton- Sure. Clark: -- or project, so -- Borton- Yeah. You certainly don't want it to, but time passes and things happen, so how would that work? Would that be a -- how would that condition be described? If it's Meridian City Council March 28,2023 Page 22 of 47 a license that lets the -- the complex have a right to knock it down or is it more of a -- an obligation, a commitment that it will be their affirmative duty to at the very least knock it down or do X, Y and Z to ensure it isn't a -- Clark: Right. Well, yeah, Council Member Borton, you know, all property owners have an obligation to maintain and knock down noxious weeds and all that sort of thing. You know, I -- working with the irrigation districts in terms of getting rights to use their property can sometimes be a little touchy and so I'm a little -- I'm hesitant to say, you know, we can't move forward unless we have, you know, turf and trees and all that sort of thing. But we would -- I mean we are happy to make a commitment to work with Nampa-Meridian to get a license agreement in place to -- to maintain that. I just wouldn't want to make that a condition of being able to move forward, because I just don't know what Nampa-Meridian would -- would agree to in that location. Borton: Okay. Hoaglun: But -- Mr. Clark and Councilman Borton, to your point, you know, it's -- it's an interesting parcel, because you got the Ridenbaugh -- you're not going to move that, that's been there a long time and it's -- it's quite wide. That is a parcel that you have, so you could maintain control by not giving it over, but at the same time the parcel to the north is railroad property and it's whatever they want it to be. They don't maintain it. So, it's kind of this fragment that really -- if it is a weed patch, it blends well with what's left to the north. So, it's just an interesting type of -- type of property. But to Councilman Borton's point, you know, because it is -- the proximity of it to those developments, it would be nice to have at least a -- not a manicured, but a maintained type of -- Clark: And, Council President, to your point, you know, the -- there -- there is -- there would be -- or there will -- I'm certain that there is an easement, either statutory or otherwise, for that area. You know, to the extent we maintain fee control over it we can do whatever we need to out there that's not inconsistent with the easement. So, there -- as we kind of hash this out here that -- I think that there will be an ability to -- to make sure that that looks right. Borton: Mr. President? Hoaglun: Councilman Borton. Borton: I think that's a great point. So, is there a reason that you would dedicate it, other than to not have to maintain it. You could keep it and -- Clark: We will see if -- I apologize for speaking over you. No, I think that -- you know, obviously, if it's nonfunctional property you don't necessarily want it, but Nampa- Meridian may not accept it and there may be a reason for us to actually keep it from that -- from that perspective for the -- the -- the landscape control. Meridian City Council March 28,2023 Page 23 of 47 Borton: Mr. President? Hoaglun: Councilman Borton. Borton: Just to put a -- put that to bed, I guess. The idea that the easement -- they have got the rights to -- to be adjacent to it for whatever they need already -- I mean if you kept it it certainly allows you to do what you are wanting to commit to do now anyway. It's better than license. They don't actually need fee title. Maybe you just keep it and commit to -- you will -- or, you know, the association will maintain weed abatement at the very least. Something like that. I mean it's pretty minor, but it's a big deal -- Clark: Yeah. Borton: -- unattended, so -- Clark: Council President, Council Member Borton, I just looked over at my client and they are totally in agreement with that. Hoaglun: Okay. I appreciate that. But we have missed those before and -- so appreciate that. Mr. President, the last question -- and if -- if you said it I forgot it, but is it phase one that that connection on the southeast corner that connects to the small subdivision -- yeah. Is that going in in phase one, along with the building of the collector? Clark: Correct. Borton: Okay. Okay. Great. Thank you. Clark: Yeah. Thank you, everyone. Parsons: Mr. President? Hoaglun: Yes. Yes. Sorry. Councilman Parsons -- how about Mr. Parsons. Got promoted. Parsons: Don't promote me yet. A couple ideas. I appreciate the applicant stepping up and wanting to keep that triangular piece, but I'm wondering if -- if -- if the applicant's open to even creating a possibility of some flexibility that work with adjacent -- one, you own and maintain it or see if the adjacent multi-family wants to buy it and move their fencing and maybe it's -- it may integrate better with their development, because it's right there adjacent to it. So, if we do an either/or, at least they are not -- they are either on the hook to take care of it or they are on the hook to dedicate it and deed it to them and let them own and maintain it. Another -- another possible solution. Just -- just talking out loud. Meridian City Council March 28,2023 Page 24 of 47 Clark: And Council President, that would work as well. I think -- I think the spirit of the idea is to identify an outcome for that parcel that is acceptable to staff, that shows that it will receive ongoing maintenance and won't turn into an eyesore. So, some -- maybe something more generic than that would be appropriate. Borton: Okay. Thank you. Cavener: Mr. President? Hoaglun: Councilman Cavener. Cavener: Hethe, can you walk me through how this connects, then, to Aviator. Is that where the -- the collector eventually connects to on the -- be the west side. Correct. Right there. Does that connect, then, to Aviator? Clark: Yes. That's correct. Cavener: Great. That was my only question. Thank you. Hoaglun: Any other questions for staff-- for staff or the applicant? Okay. Clark: Thanks, everyone. Hoaglun: Thank you, Hethe. With that, Mr. Clerk, do we have anybody signed up to testify? Johnson: Mr. President, we do. Jeff Wrede. Hoaglun: Mr. Wrede, come on up and state your name and address for the record and we will give you three minutes. Wrede: Well, Council, my name is Jeff Wrede. I'm at 12805 West Engelman in Boise, Idaho. I'm the developer of the Alamar Subdivision, which is just adjacent on the west side and also contains the one acre lot that runs on Zimmerman there. I thought everything was pretty much nailed down, but the ACHD report just came out like an hour ago and has changed some things also, along with this Zimmerman issue here. Let me get my questions. So, I have a couple of questions. ACHD's report now that -- previously the developer of -- that owns Zimmerman was going to connect these roads between Ascent and Alamar Subdivision. Now they are not, you know, pulling that out of the plat. ACHD has stated that, you know, they are going to get it deeded to them, but the last comment they make is those future costs to make the connections will likely be borne by ACHD. That's this little segment between Ascent and Alamar. We are -- we already have our preliminary plat approval and our first phase final plat approval and we are getting ready to submit coincident with Newkirk, our final plat for phase two. So, my concern is that with likely being paid for means I'm going to end up paying for it and so I'm a little -- have a little concern about what's really happening there, you know, so Meridian City Council March 28,2023 Page 25 of 47 -- you know, that kind of leaves me hanging. It may be holding the -- the burden of connecting this road extension, even though we are developing at the same time. The other issue may be that if that property is not deeded until the final plat is done, which means all of the construction is done, that I can't work on that road, because I don't own it. So, the road just sits there in limbo and can't get developed. My concern is really just to make sure that that stub extension can be developed, you know, prior to finalizing of Newkirk, because we want to move ahead at the same time. We are connecting roads together and going to work together on getting these connections made. My next question is I'm just wondering -- I was wondering who was going to get the property, you know, of Zimmerman, if they are just going to deed it off to other owners there. Just want to make sure that, you know, the burden of road development doesn't become passed on to someone else, possibly, because it doesn't appear that Planning or ACHD has looked at any plans to how do these other lots to get their roads done. It's just kind of in limbo right now. The -- the other comment I had was ACHD's report mentioned that if Alamar northern going road Feather Reed is not completed when Newkirk is getting completed, that they will just provide a right-of-way and I believe they should actually provide a road stub with utility connections as close as they can to that property line and a road trust to get through afterwards. Hoaglun: Mr. Wrede, thank you for that. Why don't you stay put, because, Bill, do you want to weigh in? Do you have any -- any thoughts or -- on some of this that he -- he brought up? I'm -- I don't know -- they are -- they are good questions. We may -- Parsons: Yeah. Mr. President, Members of the Council, that's -- originally when we got ACHD's conditions they were going to make the applicant road trust for dedication of that right of way. But, typically, we don't do a road trust for local streets and so that's -- that's the risk you run when you take out the sliver of property is now it's the longer part of the plat and that's typically how right of way is conveyed. But, again, the applicant is willing to convey that right of way and make it happen. So, whoever comes in and needs access through that road more than likely will -- will -- may have to pay for it, because they need to -- to make that happen. As far as the other two lots that get the 50 foot strip, the code -- the UDC -- if they were to annex in the code would require a flag lot to have 30 feet of street frontage, which they would have. Each one of them would have that. So, we are good on that. We are not passing a burden on to any of those county residences. We are actually helping them to give them some access to street frontage in that regard, because of those two roads and Ascent townhomes that will be extended at some point in the future. So, yes, it's not ideal, we would prefer that to be built with this, but, again, ACHD can't require offsite improvements. But, again, this is annexation. You can have a conversation with the applicant and see how we can mitigate some of those concerns. But right now this -- Jeff is correct, the -- the burden will fall on ACHD to construct or potentially somebody else. I don't know if anyone from ACHD's online to -- to ask that or not, but if ACHD said it may fall on them, it may fall on them as well. So, it's -- it's something that, again, to take into consideration tonight. Hoaglun: Yeah. Thank you, Bill. I don't see anybody on from ACHD. I mean if -- if ACHD had not done away with that requirement that -- that was going to be a Meridian City Council March 28,2023 Page 26 of 47 connection at one time. They want it to go out, so -- which I understand. Then it would have been a whole different scenario there. So, by them moving that, not being a public right of way, that -- that changes that and -- and I think Mr. Wrede's right, who is going to pay for that is -- is going to be the question down the road. Wrede: City code and ACHD code states that a developer has to do to and through with utilities and roads. So, for the burden just to be passed on to me, when I don't even own the piece of property, is a problem. I'm willing to work with them to get the road finished. It's just like say -- it's kind of putting me into a bind where I can't complete work that needs to be done, because I don't own the property, first of all. At least at a certain point in time. If the property was deeded, you know, at a certain point in time where I could complete that road, which is a benefit of, you know, everybody, then, it's -- that's real -- that part of the problem is gone. Bongiorno: Mr. President? Hoaglun: Yes. Bongiorno: Mr. President and Council, I was just looking back through my e-mail. I know, Jeff, you and I have been -- had e-mailed about phase two and one of the last things that we had talked about was -- excuse me -- getting that connection over to that sub, so you wouldn't have to put fire sprinklers in your -- in your buildings for phase two. So, you -- you -- you still -- we need that connection somehow. Otherwise, we are going to have to go back and revisit the sprinkler situation. Wrede: Yes. That also. I mean I'm -- I'm hoping to be coincident developing with Newkirk at the same time, so we don't -- you know, the road connections get done all at the same time. Bongiorno: Yeah, that would be best. Wrede: That's my goal. Would it be -- well, I could talk to you offline. I don't know if -- if there was a -- if the road was prepared at least for fire truck access would that suffice? Bongiorno: Yeah. I think temporarily. Sorry. Mr. President and Council. I think as long as -- I know in an e-mail you showed a CAD drawing that said to be paved. You were talking about just getting an easement across there -- Wrede: Yeah. We were -- Bongiorno: -- which, you know, again, maybe you can work with these guys here and get something figured out. But, yeah, if -- if it will meet the -- the requirements for, you know, 82,000 pounds, all weather maintained, all that, that would be fine. I mean it's just that no man's land we have to get across. But if -- you know, maybe they will be willing to pave that little section and call it done. Meridian City Council March 28,2023 Page 27 of 47 Hoaglun: Okay. Well, thank you, Jeff. Appreciate you bringing that problem to us. That's I guess what we do, trying to solve problems. But that is one with ACHD in the mix it is a -- it is a head scratcher now and maybe the applicant has some ideas as well. So, Mr. Clerk, I don't see anybody online who is here to testify. Do we have anybody else in the audience to testify? Yes. We have -- come on up. State your name and address for the record. Adamson: Good evening, Councilman. Ryan Adamson. 547 West Water Grove Drive in Eagle. Hoaglun: Okay. Adamson: I'm the property at the end of Zimmerman Lane. 4260 West Franklin Road. And like Jeff I have some concern over -- have some concern over just how fast all this is happening. I just -- I haven't even had a chance to look at the ACHD report that just came out and while I appreciate the offer to have that land annexed into me or donated to me or however they want to give it to me -- Hoaglun: A little closer if you could. Yeah. It's -- it's one of those mics that -- yeah. Adamson: I guess I'm just a little tall. Hoaglun: You can try the other one that's closer to the -- there you go. Adamson: Okay. Hoaglun: Try that one. Adamson: So, anyway, I appreciate the offer to have that land annexed in. I just don't understand what that obligation comes with that and what responsibility comes with that and, you know, I just want to make sure that we have good access to the property. It's a rental property for me and my family lives there. So, I want to make sure that they have good access in and out. And, like I said, I just want to raise that there is concern that by abdicating that Zimmerman Lane, what does that mean? You know, half of it's to me and half of it's to somebody else? I don't know what that -- what that means, so -- Hoaglun: Good. Thank you. Appreciate the questions. We will hear from the applicant what they think that means and we can have further discussion about that, so -- Borton: Mr. President? Hoaglun: Yes, Councilman Borton. Borton: Have you guys -- have you guys talked yet at all about this stuff and Jeff as well and kind of -- Meridian City Council March 28,2023 Page 28 of 47 Adamson: Yeah. I just talked with Laren this afternoon. Borton: Oh. Before today, though, have you guys talked? Adamson: No. That's why I say it's happening really fast. I don't have all this information and I -- so, I don't know what I don't know. Fair question. Borton: Okay. Hoaglun: I -- I think the late arrival of the ACHD decision that kind of throws things in a little bit of a spin here, so -- everyone's trying to understand what that means, so -- Adamson: All I have heard along the -- over the past couple of years while this is going to happen was that that was going to -- that road was going to get paved and developed. So, today was the first day that I heard it's not. Hoaglun: Thank you, Ryan. Anybody else in the audience? Not seeing anyone, would the applicant like to close this out with all the answers. Clark: Council President, Hethe Clark. 251 East Front Street in Boise. So, I -- I think, you know, what I heard was basically two different categories of questions, both kind of focused on Zimmerman. So, I will start with the last first. So, Zimmerman Lane currently is an easement. It's a -- it's a private lane that those folks have been using for quite some time to get out to Franklin. So, when we talk about not continuing with Zimmerman at -- what we are talking about is not turning it into a public street. The -- the existing private access rights pursuant to the easement will be unaffected and so if we -- as we convey that part -- that property to those adjacent property owners, they would still have all of their private access rights that with -- that would be unaffected. So, folks would still be able to use Zimmerman in the same way that they have used it today. Hoaglun: Hethe, real quick question. Clark: Uh-huh. Hoaglun: However, is ACHD saying they cannot access Franklin, though, from Zimmerman, they will have to go south once that collector is created; is that correct? Clark: No. What is -- I know ACHD would like to limit the access rights onto Franklin. That's their general approach. There -- when they are talking about the temporary access -- and Bill might be able to pull that up. Let's see. They are talking about -- Bill, can you run that mouse for me a little bit to point out the temporary. Oh, it disappeared on you. So, that -- what ACHD has done and this kind of goes to Mr. Wrede's comments -- is they have created a -- kind of a difficult situation in that there is temporary access from the -- is it Ascent? Right. And -- yeah. So, this access here -- thank you, Bill -- has to go away eventually. That's the temporary access and that -- Meridian City Council March 28,2023 Page 29 of 47 that was conditioned as part of ACHD's official actions. I know that eventually ACHD would like to see any other access on Franklin go away, but they are not talking about killing the access at the Zimmerman private lane at this time. With regard to Mr. Wrede's comments, these are, as I mentioned, kind of this -- these issues are all kind of a function of the -- of ACHD having created that temporary access. Ultimately ACHD wants to push all of the traffic up to our mid mile collector. They don't want folks going down through Franklin, they want them up there and, then, spreading out and -- and because the -- our traffic study showed that Zimmerman was not warranted, because Zimmerman is not on the master street map, ACHD doesn't want Zimmerman to function like a de facto collector, which is exactly what would happen. Folks would shoot out and come down that Zimmerman Lane in order to avoid some of these other issues that you would have. It would create a situation that's just not ideal for anyone. So, ACHD's asked us to disable Zimmerman as it goes south -- you know, we are going to give those connection points to ACHD to allow for those projects to, then, flow north, not south. And so ultimately what needs to happen is for us to get that mid mile collector constructed and, then, that would be what would solve the overall problem down there. Now, ACHD -- I think that their decision was actually pretty detailed. You know, they recognized that this is not a to and through situation. If Zimmerman Lane is not required to be constructed, then, what we are talking about are off-site improvements and so ACHD has asked us to dedicate those stubs, which we will, so that property will be available to be worked on, but it is not something that is an on-site improvement, it's not something that's required by the development. So, ACHD has limited our obligation to just the dedication of that right of way and that will come with our final plat. You know, that's kind of the standard timing for that sort of -- of requirement. So, with that, if there are any other questions that I could try to answer, with that I'm happy to. Hoaglun: Hethe, while you are up here I want to ask Deputy Chief Bongiorno, then, is -- is Zimmerman going to be a secondary fire access for the department? Would that remain open and -- it sounds like it's going to be an access point for the property owners for those four -- Bongiorno: Yeah. We are going to need it as is until the rest of it develops. Hoaglun: Okay. Bongiorno: Sorry, Mr. President. I was just looking at the drawing that Jeff had sent me and -- and -- and what Hethe is saying is a hundred percent correct. The -- the way -- and -- and that's why this whole area was kind of a -- a cluster when -- when it was all being developed, because we had Aviator that went nowhere. You have the other road coming this way that goes nowhere. And, then, you have all these people that are trying to develop and we were missing that connection and that's where Laren and these guys come in and they are -- they are helping us out is what they are actually doing. So, Jeff's project actually has an access to Franklin, but the grand scheme of things is it flips, like Hethe was saying, to take access from Aviator or whatever it's going to be called and, then, that gets cul-de-sac'd at the bottom. Mr. Schultz's project, Meridian City Council March 28,2023 Page 30 of 47 same thing. He has an access -- or he had it -- it's still there. He has got an access out that Bill is pointing to to Franklin and the same thing, when these guys are nice enough to add that section coming off the corner there and -- what did you call it? Ski -- Ski something? Ski Jump or whatever. Where it ties into the road that they are going to build, then, that goes away also. Zimmerman eventually will go away, but for us we are going to have to utilize it as an access, so we could access, you know, the gentleman that lives in the back, his property and stuff, until the rest of it develops. So, it's -- it's -- it's kind of a -- we are all working together and that's kind of what we -- you know, we are working with -- with Jim and Laren and saying, look, you guys are kind of like the main puzzle piece that's going to help bring this all together. So, it's -- it's -- this has to happen, this has to happen. There is just a lot of puzzle pieces and a lot of players, unfortunately. So, yes, the -- once their road is built, then, everything is going to flip. As far as Zimmerman goes it's going to stay until that area is developed and, then, I would imagine it's going to get blocked off as well. Hoaglun: Okay. Thank you for that, deputy chief. Because even though -- you know, Ryan may be in the county and he may be in the county for as long as he wants, we don't force annexation on anybody, but our agreement with the Meridian Rural Fire District is we will cover -- we will take care of them if there is an emergency there. So, we need that access to make sure that -- that still works, so -- yeah. Clark: Council President, the yard, we -- we can't do anything to interfere with those easement rights. So, that -- that will remain and I think Deputy Chief Bongiorno's point is an important one. You know, this project really solves a lot of issues for the area, because it finally provide -- provides that final piece to flip the traffic where it needs to get, you know. So, I -- I think it's important to keep that in mind as we are looking at that and, then, we are looking at the -- the Ten Mile Plan and the density targets and the fact that we are able to hit that even while providing the Ten Mile -- the -- the new collector and all the open space that goes along with that, because there is a lot that ends up being part of that and, you know, again, we are providing a variety of housing types in a manner that -- that the medium high density designation contemplates. So, a lot all at once. Hoaglun: Okay. Council Woman Perreault, I think you have a question for Hethe. Council Woman Perreault? Can't hear you if you are talking. Perreault: I'm here. Hoaglun: There you go. We hear you. Perreault: Thanks. Okay. It takes a second to switch over. So, this -- this question is just a curiosity question. I have yet to see any multi-story buildings called Chalets. That's just suburban residential housing. So, I'm just curious why use that terminology? I mean I typically think of a chalet as something that's in a ski resort. Is there something specific to the design that causes you to name it that way or -- Meridian City Council March 28,2023 Page 31 of 47 Clark: Council President, Council Member Perreault. Sorry. No, we -- there -- there is nothing -- I would call it technical in use of that name. It's -- it's more of a marketing -- marketing usage. Perreault: Okay. All right. That -- it's just -- just kind of a silly question. I just hadn't seen that before and was curious if that -- that might be something I see more of in the future or if you were actually describing in a way that should have been representative of something. So thank you. Clark: I -- I would just say that we are super influential, so maybe you will see it used by others in the -- in the future, but -- Perreault: I will watch for it. Clark: Okay. Thank you. Hoaglun: Council, any other questions for Mr. Clark? Okay. Clark: Thanks, everyone. Hoaglun: Great. Thank you. Well, Council, want to keep the public hearing open and continue the dialogue just in case. Borton: Mr. President? Hoaglun: Councilman Borton. Borton: Yes to your question. This just got a little off the rails a little bit with regards to the roadway and -- and for whatever reason folks not talking and as have -- in relation to having a staff report coming out late from ACHD and it just seems like there is a lot of present unknowns about some sequence of events and I don't have an answer to it, but it seemed more clear and, then, got muddier as we proceed and some of the questions that pop up are -- this -- the Zimmerman Road annexation -- or I guess conveyance to somebody else -- removing it from this annexation. Some of the discussion it sounds like on stub streets and whether or not they should be funded or put in, they become an offsite improvement in part because Zimmerman Road roadway is to be dedicated to someone else, which now makes it an off-site improvement, which might otherwise be an on-site improvement. Perhaps. Another question is the timing of it. The dedication -- we talked about the final plat. Is there anything magical of why it wouldn't be dedicated earlier if its dedication has some impact to slow up someone else's adjacent development? I don't know if there is any purposeful reason to not do it sooner. So, I'm just thinking out loud of some of the things that puzzle me. I thought the -- a couple other issues might have been stickier, but just want to make sure we get this right and with the annexation and the DA every specific condition is listed to trigger everything for this roadway and the adjacent property owners. I don't know if I have all those answers, Meridian City Council March 28,2023 Page 32 of 47 but those are some of the questions. I don't know if Bill wants to tackle them. The applicant might clarify where I'm seeing it sideways. Parsons: Mr. President, Members of the Council, I can only share with you staff's experience in these situations and -- and your experience in dealing with these and these are the conversations that the applicant and -- and I have had. It's -- it's -- it's all about timing and time is money these days as you know. But we -- we have come across -- you know, I have been with the city almost 16 years and we have come across this a handful of times and typically what we have done is -- we have not approved the annexation or the findings or the DA until conveyance was done and, then, we approve the ordinance and the DA and we annex it in minus that piece of property and, then, we know the property boundary adjustment is done, the conveyance happens, everything is good. Recently -- recent example of that is the storage facility over by the wastewater treatment plant where they -- we did some -- we are in the process of doing a property boundary adjustment and a -- and a property exchange with that property owner to get access to our parcel and provide them additional sliver on their south boundary and they are going to get -- we are going to get access along their north boundary and so that annexation was held up and is currently being held up, because of that property boundary adjustment with the county and waiting for that conveyance of ownership to happen prior to us solidifying the -- the annexation and the development agreement to conclude that process. So, that's the only way -- to me that's how we have handled this, it's like let's get these pieces solved and make sure that it happens and, then, we annex you. Borton: Mr. President? Hoaglun: Councilman Borton. Borton: Yeah. How would we do that though? I mean it's not -- it's not a condition. You can't deny the findings. You can't sit on it. So, how do you -- what's the hammer? Parsons: The condition of approval was that the applicant -- you have six months to execute a development agreement. In that particular case the applicant was -- had a DA provision to go execute that and do those steps prior to us executing the DA and approving the ordinance. So, that's how we did it and I know the applicant would like to do it with the final plat, but, again, to your -- to your point, that's why it's an outstanding issue tonight, because there is so many things you -- it's hard to think about every possibility and that's why we are here tonight and we are hearing that, hey, there is -- there is some things that we have to -- we may want to consider or timing of that. A consideration. Hoaglun: Mr. Clark, would you like to follow up? Clark: Thank you. Just a couple of things to add to that. You know, one is that as we do those property boundary adjustments that's going to require work at the county. That's taking at least a minimum of three months at this point once you get on a Meridian City Council March 28,2023 Page 33 of 47 surveyor's dance card and, then, you know, in addition to that I think that the priority with all of this is to try to get that mid mile collector in and the further we kick the can down the road with being able to even get an entitlement or get started on everything the further the -- the collector works -- moves down that as well and, then, you are also going to have a process with ACHD where they are going to review the -- the legal descriptions and identify what -- on what terms they are going to accept that stub property and so that's additional time and so we proposed final plat, because that made sense to fold everything in within that time frame. It's reasonable at that point. It allows us to keep moving, get construction drawings going, because we have an entitlement. Whereas if we wait on all of this we kick it down the road for another six months, then, really what we are doing is we are delaying the -- the construction of that mid mile collector that everybody needs. Hoaglun: Mr. Clark, I have got a question. As -- as that diagram shows in red, that little stem, that -- so that's property that the applicant owns. Clark: That's correct. Hoaglun: Because it was, as we all thought, as things were moving forward, that that would likely be a street that ACHD would require and, therefore, to have access to property you would need that sliver, so -- and, then, that got shifted, so -- Clark: And, Council President, there is maybe a little bit more nuance to that. You know, generally speaking when we own property the city wants us to include it with the application. The -- to be honest, the -- the original discussion that ACHD had about making it a local street was a surprise to us, because we didn't expect that they would want it to be a local street. So, ACHD has kind of gone to where we didn't think they would be back to where we thought they would be. But we included it, because it's part of our property and, you know, there is -- we needed to be aware of whatever might happen. You don't want to add property to a plat, you want to remove it if you have to -- to -- to do something less, rather than creating a notice issue by adding something more. So, if that helps answer your question it's actually a little bit more nuanced than that. Hoaglun: So, I guess where it's going, Hethe, in trying to figure this out and, you know, as I listen to Councilman Borton was the fact that -- and -- and to Mr. Parsons that, okay, what do we do with that parcel. Allow this development. It does solve a problem. We need that connection. It's a good development. I see, you know, things that will work, but how do we -- how do we make everything move forward and deal with that at the same time and knowing that things get resolved. So, it's just -- I -- I think that's where I am on this is how do we make it all happen and work together at that same time, so -- Clark: And, Council President Hoaglun, I -- I -- I absolutely understand the question. Respect the question. The -- from our perspective final plat is the appropriate time to do that. You -- that gives you the hammer, you -- you are not going to sign a final plat Meridian City Council March 28,2023 Page 34 of 47 unless you know that all that property has been conveyed out appropriately and that would be, essentially, the next opportunity for you to -- to have a hammer and so we -- we think that that's the appropriate time to do it. If we do something else we are getting the cart before the horse and we are also delaying the rest of the project. Borton: Mr. President? Hoaglun: Councilman Borton. Borton: Were there any comments you had to the members of the public who provided questions and concerns about timing, access, that you can help clarify or take a minute to discuss, if that helps? Clark: Sure. Yeah. You know, with regard to -- again with Zimmerman Lane that we are not going to -- we are not going to impact that private access right. So, I think that that addresses that. With regard to whether there is an off-site or anything along those lines, this -- this is an off-site requirement by ACHD by definition, because ACHD has determined that this is not an improvement, Zimmerman Lane, that is required as a result of the development of the project. So, looking at your kind of rational nexus evaluation, it -- it's not something that's required as a result of our development, so -- but what we are doing is conveying portions of that property at no cost to the public to allow for those stubs to go in and, then, those stubs -- that area is about 50 feet, so that is the -- that is not what we are talking about in terms of a -- a huge amount of cost. It's -- it's something that would be appropriate that would -- it would go in in connection with another project or at ACHD's cost, which is what ACHD has already identified in their report. So, I think that ACHD has already addressed that in a way that I think is fair given the -- the impacts of this project and -- and in light of the -- the traffic study and the evaluation that they made with that. Hoaglun: Council, are we ready to make some decisions? Thank you, Hethe. I will just kind of kick things off and leave the public hearing open just in case something comes up and whatnot and -- and as I commented earlier there is -- going through the Planning and Zoning report and looking at it and understanding it better and appreciate staffs explanation tonight, you know, how -- how it fits and you are trying to satisfy two different things and sometimes those are in conflict and it makes sense that they are doing what they are doing. We have known all along there will be that collector street connecting as is -- is kind of a bit of a wrinkle and I guess it's just a matter of how do we -- how do we resolve that in a -- in a -- what I think is a parallel path to make that happen is the final plat a big enough hammer to make things happen or -- or be able to make sure it's done appropriately. Those are things -- and I think some of the -- the DA language or Zimmerman and the wrought iron fence, leaving the Kennedy Lateral I think open is -- which is being done elsewhere is -- is fine. Making sure there is access -- appropriate access for the fire department in -- in -- in that area as -- as we move forward. So, all very important questions. It's just a matter of how we put that together in my mind, but Council or the rest of you might have different ideas, so -- Meridian City Council March 28,2023 Page 35 of 47 Borton: Mr. President? Hoaglun: Councilman Borton. Borton: I agree with you and this isn't -- I don't think it's that difficult of an application. I think it looks good. I understand what the applicant is doing and why and how it's consistent with the plan and -- and I just have the -- the -- the nervous caution that has nothing to do with the applicant, but just to make sure when it's funky and it's annexation, this is our one chance. So, I kind of pivot to staff, both Bill and Bill, to -- you know, from our discussion is there -- you know, in the worst case scenario what are the -- the things go sideways and we wish we had the condition or the trigger that required or insured X -- a particular deadline; right? We talked about the final plat. I just want to make sure we articulate specificity that has nothing to do with this particular applicant, but more just good prudent avoidance of the it-will-never-happen-but scenario. That's all. I mean we have got -- we have got property getting conveyed to other individuals who aren't here to accept it. We are not sure that -- how that's all going to work and so just kind of punting to see if you think there is some language that you would say, hey, Council, if you are going to do something like this, you really should add a condition that says X or in light of what Hethe said this would be a good effective trigger to accomplish what I heard you just say. Nary: Mr. President? So, Mr. President, Members of the Council, Council Member Borton, I mean that's a great question. I am looking at the -- the map that's up on your screen right now. So, is there one, two, three, four parcels that access Zimmerman Lane from the west? Is that what it looks like to me? So -- so -- so, to answer one of your questions is what if they can't make the conveyance. Well, if that's a condition for a final plat signature and none of those property owners -- say it's either somebody who isn't here or the property changes hands and says I don't -- I don't want that road, I won't accept it, well, they can't satisfy the conditions, so they are going to have to come back here to address that in some fashion to get their final plat signed. About the only thing, from what you propose, Councilman Borton, that I don't really have a -- in my mind an answer to that and maybe Bill -- Bill Parsons does, but projects get delayed; right? And one of the developers was concerned about the delays impacting his ability to complete his development and what I heard -- and I wasn't positive from the testimony -- is concern about the two and through and -- and the utilities extension and I'm not certain if this project gets delayed how that would impact the adjacent property that's trying to develop and moving there -- either utilities through or their construction through. So, I'm not certain, but Bill might know more about that one to be able to answer whether or not there needs to be some condition to make sure that it doesn't impact the adjacent development. Those are the only two things I heard that could be impacted by a delay or by a rejection and one of them I think would require them to come back to you to answer what do you want us to do now that they won't accept it. How do we -- how does ACHD or the city want to handle that? I don't know that that's happened very often, but, again, they are not all here. But I don't have an answer, other than, Bill, maybe you do. Meridian City Council March 28,2023 Page 36 of 47 Borton: Okay. Thanks. Parsons: Yeah. Mr. President, Members of the Council, again, I think the applicant brings a good point. If this was extended as a roadway and those roads touched, then, it's to and through and when you don't do that we can't require it. It's not part of the plat. Again, it's annexation, so, again, if the applicant were to agree to those terms and help out or do some cost sharing with the Alamar applicant, that's something that you could see if that -- they are willing to offer up and add that into a development agreement. The other -- to Mr. Nary's point is, yeah, certainly where -- anything staff is always going to be cautious, because we are -- we are tasked to look out for the best interests of the city and the public and we want to prevent things from happening, because we can't control everything that happens. We don't -- we can't control construction delays. We can't control construction timing. All we can do is let you know of the facts and some of the outstanding issues and challenges that occur when we do things -- when we rush things or we -- for lack of a better word -- require things later on in the process -- as you know at annexation you have the broadest discretion and you can -- and you can require certain things. When we get down to a final plat or even signature on a final plat, at that point we are -- things are being built, it's on a Consent Agenda -- to -- to Mr. Nary's point is if we can't sign the plat, then, obviously, they have to come back and amend that agreement in order to get that signature. So, it really comes down to your level this evening as to whether or not you want to delay or move forward with that recommended DA provision by the applicant to allow that -- those items to occur at final plat signature with an agreement that they cost share for the extension of the sewer and water extension or you would provide a new one that said -- or you provide a separate DA provision that says you coordinate with the applicant or cost share with him on that and, then, construct the roadway. Certainly if you have that in the DA I think ACHD would probably support you in that effort. They have always told us if the city wants something, then, just let us know and, then, we can try to make that happen. So, again, the contract is in your hands. It's what you want in that contract with annexation. Borton: Okay. Kind of punted it back a little bit. Parsons: But if you were asking for my opinion, staff would feel more comfortable waiting for all those pieces to be fixed -- handled before annexation was done. But just for being consistent with the process and what we have done in the past. Borton: Okay. Parsons: We are big on that, to be honest with you. Overton: Council President? Hoaglun: Councilman Overton. Overton: You know, I'm -- I'm -- I'm really torn. I like this development, but I find myself in a very similar situation to what we are all talking about. We want to dedicate Meridian City Council March 28,2023 Page 37 of 47 Zimmerman to two people or two property owners that aren't here. We don't know whether they would be willing to accept it. We wanted to donate the Kennedy Lateral to Nampa-Meridian, but we are not sure whether they would accept it or how that would work and we really don't have ACHD here to walk us through their thinking and why they made the -- the change in decision. I'm -- I'm not sure that forcing our hand and making a decision on this tonight isn't rushing what we should be doing until we have all the parts in place that we can make the best decision. I like the development. No problem. I like the end result that it's going to have for connectivity at the half mile. I think we have got to find a successful way that we deal with Zimmerman first before we can get to that point. Hoaglun: Okay. Mr. Parsons, you know, as I'm thinking one of my questions was, you know, if -- if the applicant owned that stem, which I assume they did by the drawings and everything and -- and they do, that ownership means they can continue to operate that -- that -- the landowners have an easement on that property, they can continue use of that -- that access point to their property. It can still move forward as -- as is in the future. I mean that's -- they don't have to do the easement. It sounds like it was a -- I like the idea of -- it's going to be in the county, so put it into the county and keep it clean, so we don't have to deal with this, because that -- that just gets a little messy at times when you have this -- this split ownership on -- on some of these things or jurisdiction I should say, not ownership. But, you know, it -- it -- it could be kept in that ownership and we just move forward with that ownership and they work it out as they can, but does that cause any problems down the road? But it protects the easement. At some point in time, though, once the collector is built ACHD may require some other things that -- that's the unknown here and I -- I wish we had more time -- that ACHD discussion could have taken place sooner instead of the 11th hour just before we meet to discuss this. It's no fault of the applicant. It just is what it is. So, yeah, there is just a -- and -- and -- and what option -- do we look at delaying it a week or two and maybe have the applicant talk to the neighbors and say, okay, we have got an agreement in principle and this is what we think -- we can -- we can accomplish it -- accomplish. I -- I don't know if that's enough time. Of course there is the hearing renoticing and all that good stuff. But is that an option we have, so -- Borton: Mr. President? Hoaglun: Councilman Borton. Borton: Real quick. I kind of agree with Councilman Overton. It's a great project. I would like just to get it right and if a short continuance lets these conversations happens, let's ACHD participate -- it's not a month. Might be a couple of weeks to allow this to happen and they just want to get the decision right and the -- and the conditions correct, so I think it makes sense. Cavener: Councilman Cavener. Meridian City Council March 28,2023 Page 38 of 47 Cavener: Mr. President. It's a rare opportunity that -- maybe because there is less of us -- that everybody's in agreement about the project. That -- that has not been a -- a common factor in -- in recent hearings. It sounds like, again, that our -- our issues are more with Zimmerman. Frankly, I -- I had some -- some real heartburn about Aviator and trying to kind of view how traffic was going to flow out of this development onto Aviator and, frankly, some concerns about public safety where you have got all these cars stacking up right next to an elementary school. I think that the highway district and our police department can likely handle that. I am sympathetic that delaying this project because ACHD waited until the 11th hour is, you know, not the -- the applicant's doing, but I can also sympathize with the frustration of property owners -- if I get a notification at a quarter to 5.00 that, hey, the staff report is finally ready -- although there has been a couple of drafts that have been presented -- I would -- I would be reluctant to start talking about a continuance without at least maybe giving the applicant an opportunity to respond. I agree with Council Member Borton, but I don't think we are talking months. If we would be it would mean -- again -- and I'm not even certain -- I doubt it's doable if -- if even a recess would give some folks enough time to -- to chat amongst themselves. I hate delaying this as a result of government not providing a report in a timely manner, but certainly agree that we want to get it right. I fall more in line I think with -- with Council President Hoaglun this evening and that I think we -- we do have a path to move forward, but I appreciate the desire to make sure that you -- all of our I's are dotted and our T's are crossed. Parsons: Mr. President -- Cavener: And Council Member Perreault is also on the line, too. Hoaglun: Yes. I was going to ask -- Council Woman Perreault, do you have any thoughts, comments, questions? Perreault: So, unfortunately, Councilman Cavener and Councilman Overton's mics were cutting in and out, but if I'm following things correctly, it sounds like maybe there is a desire to -- to continue to do some more work and -- and flush some issues out prior to making a decision this evening. Is that what I'm hearing? Cavener: Council Member Perreault, sorry, we have got a couple of technical issues that we are working through. But I think the short answer to your question is yes. Perreault: Okay. Thank you. I'm -- I'm in agreement with that as well. Parsons: Yeah. Mr. President, Members of the Council, just to clear up the record for a little bit for tonight's discussion. I want to -- I just want to make it clear for -- for the Council and those in the audience and those listening at home that ACHD's updated staff report was received today, but the Commission and staff and the public knew where ACHD was going to land, so I don't want you to think that these conditions are new. That they are -- what we are discussing tonight is what was discussed at the Commission hearing. So, all -- all we have gotten today was the revised staff report to Meridian City Council March 28,2023 Page 39 of 47 reflect those discussions. So, I just want to be very clear on the record that it's not a delay from them, it's just this updated staff report with the applicable conditions that went along with our discussions with the applicant and the Commission came out today. So, again, the only thing that has changed is the original e-mail from Christy Little at ACHD indicated that the applicant would have to road trust for that right of way and that has changed, because the sliver is being removed from the boundary of the plat. So, that's probably the biggest take away from tonight's discussion is -- and that's where we are getting hung up on how that's going to occur. ACHD will accept right of way through a warranty deed. That's -- that happens all the time. So, that's really not an issue. That -- that conveyance can happen very quickly. The applicant gets a surveyor, does that up, gives it to them and they accept it and -- and make sure that it's consistent with their conditions of this project. So, I don't know where we are -- to -- to our discussion -- the city's discussion is we want to make sure that the property owners that assume the additional property are willing to take that on and maintain it. That we don't -- although I like your suggestion of the applicant holding onto it, it does give me a little concern, because our code tries to prohibit having spite strips and that's what this could be and it could create an issue for us in the future. Not that I think this developer would do that. I'm not implying that. I'm just saying the code tells us don't do these things. Don't create spite strips. So, that's -- that's why I don't want to try to -- I would like the option of them having an agreement from the owners and making sure that they understand they are getting 50 feet and they are maintaining additional properties that they weren't anticipating. So, to your point, having that written agreement or their understanding of that does go a long ways in the process. But just --just something to think about. Hoaglun: Thank you, Bill. I would ask the applicant -- Hethe, Mr. Conger, if -- if we delay it for two weeks to April 11 th -- I have -- I have checked with the clerk. We do not need to renotice. This is not something we need renotice, but give you a couple of weeks to come back and say, okay, here is the plan. We have talked to the neighbors, here is how we can move forward, and -- and put something together like that. I mean as you heard, there is not opposition to the -- to the project. There is a lot of good things about this. But just a matter of what do we do with this little glitch here. Conger: Mr. President, Members of the Council, Jim Conger. 4824 West Fairview Avenue. Can I answer that question first with a question. So, as far as neighbors -- I mean -- and the public hearing is still open. Is it a difference if I bring the neighbor up here -- we have two neighbors that we want to give the land to. It's 50 foot. It's substantial in width. If they redevelop in the future or it's over their current access easement it is today. So, we are not giving them anymore right. They already have the access. So, I'm not trying to look like a hero with that. But that 50 foot strip does preserve the -- the most northern neighbor and he can come up and say he wants that 50 foot strip or not. We have the middle landowner that, then, has the access. He's talking to Laren. Has the access from the middle point of the property south to Franklin. Both of those -- it will go to two sets of owners, both county neighbors, and we -- and we all keep saying it's very difficult to do city and Boise. I believe it's not possible to do city annex land and a lot line adjustment. We have been told no on that in the past. So, we have to go county to county to be able to do this. This is -- we are being generous on a Meridian City Council March 28,2023 Page 40 of 47 three month process. This is a three to six month process to do that. If we were to get an approval and get our conditions of approval in the DA, it is more -- ACHD alone has taken more than six months to approve a set of construction plans. Your city is still at three or four months to approve a set of construction plans. We should still have this development agreement done -- not development. The lot line adjustment with the county done in about four months. We say three, but -- but I'm saying four just to be safe. At the same time we should be in a position to have a pre-construction meeting. If we say, no, your -- your ducks need to be further in a row, as the term was said, and you need your -- we are not going to give you your annexation until this lot line adjustment is done, then -- then we are sitting in a holding pattern. I can't submit construction plans. I can't get going on the collector road and -- and there is no holdout of -- of -- of people and the -- and the developer Mr. Wrede that you heard tonight -- that is one hundred percent his main front entrance that was approved by this city council and by ACHD -- can't be built until I build the collector. He was granted temporary access, which he hasn't built yet, but he did say his plans are in. He's been granted temporary access to Franklin Road, that as Deputy Fire Marshal said, is going to be, then, tore out again. So, the whole goal of this area is to drive through our collector. We have done an estimate -- I'm spending about -- and it doesn't matter about money -- but it's a 910,000 dollar deal to -- we are the hole in the doughnut that needs to be finished. We have 66 homes, which won't pay for that, but we have the apartments that will help that and -- and I'm not looking for charity here. I'm just saying we have a substantial interest. We want to get a bulk of that in before weather is done in December and -- and that's my problem, not your problem, be very clear on that. But -- but -- but we believe the condition of -- the city engineer will not sign the final plat without this lot line adjustment done and the dedication over to ACHD prior to that signature. There is no better protection than that, because I can't get my plat signed -- my property is one hundred percent worthless in the city if I don't get my plat signed. And I can't just go willy nilly give ACHD the right of way that you see with the red, because I have blue on both sides. If you see the bottom towards Franklin, the blue dashed lines are on both sides of that red right of way -- that will not go through the Ada County development lot line adjustment process, because you can't do lot line adjustments through existing right of way. So, I have to do these record of surveys in conjunction with the red dedication to ACHD. If I do the ACHD first -- so everybody thinks I'm holding out on the other developer. I have to do the record of survey before I can deed over to ACHD or I now have no means of getting certain areas to the property owner that we have already promised the land to. I'm more than happy to have both of them speak and if our gentleman in the back, which we -- we were confused, we thought he lived on the property. We were having trouble -- Laren's left a few business cards. Everybody has gotten our mailers for neighborhood meetings. There has been definitely not our best moment, I will own that, but there has been a -- a goofy attempt and that's usually on us. When they are rented out properties we -- we -- we have a hard time getting owners sometime. Not when -- we just didn't realize it was rented and that -- and that -- we are -- we are better than that. We should know that. Meridian City Council March 28,2023 Page 41 of 47 Hoaglun: Mr. Conger, quick question -- dedicate to the -- to the end parcel owners is -- is -- that's already in -- okay. But why not all four? I'm -- I'm missing that point of -- you do the ends, but why not the other two that have to agree or will accept? Conger: Mr. President, Members of the Council, very good question, because that's where we were to begin with. So, our -- our developer that spoke tonight -- our adjacent developer owns the blue area. He is already city annexed. I can't go into him. He would like some of it. I would like to give him some of it. I cannot give him one inch of that with the Ada county record of survey lot line adjustment process. The gentleman in teal is right there -- has been an amazing human through the whole process dealing with us and we have some of his irrigation water delivery issues up on the site. He had -- the -- the folks in the pink, unfortunately, have passed away and there is quite a few kids living in that property and it is in -- in shambles and we believe if they were to own more property it would be with parked bad cars and it would be a disservice to the gentleman in the teal colored. So, that is the -- the process of two of the four owners getting the -- the -- the excess right of way, which would make both properties more meaningful. These will eventually redevelop. Everything redevelops. Just -- is it ten years, two years, or 20 years. Hoaglun: Council, questions? Council Woman Perreault, any questions for Mr. Conger? Okay. Conger: Would you like my neighbor to -- Perreault: No, I don't -- Hoaglun: Go ahead, Jessica. Perreault: Sorry about that. Sorry for the delays. No, I don't have any questions, but I really do appreciate, Mr. Conger, that you came forward and explained some more of this, because I have further clarity on it. So, thank you. Conger: No. I apologize that it was confusing. It is confusing. Overton: Council President? Hoaglun: Councilman Overton. Overton: Thank you again, Mr. Conger. So, if I understand the simplest version, the reason it's two instead of four land owners is basically you have to do county to county. You can't -- Conger: Yes, sir. Meridian City Council March 28,2023 Page 42 of 47 Overton: -- the one has been annexed into the city, so you, obviously, can't revert any of that roadway back to them. Yep. Mr. President, Council Member Overton, that is correct. Overton: Okay. Thank you. Conger: Want me to usher them up? Hoaglun: I -- I was -- I guess the property owners you have identified are satisfied, I assume, that the -- if you want to, Ryan, come up to speak. Sir, did you want to comment? Don't -- don't have to, but -- Baldwin: Yeah. My name is -- my name is Harlen -- Haden Baldwin at 124 North Fritts and the property they referred to as the -- the teal property, that's my property. That's just to the west of Zimmerman Road that we are referring to. Hoaglun: And -- and it sounds like you are in agreement with the -- Baldwin: Well, I'm not -- I'm not really familiar with the line -- the lot line adjustment. I don't know if there is any -- some kind of adjudication involved with, you know, taking on that piece of property. The -- the gentleman that owned the property for -- above, that's what we are talking about, is -- was Newkirk. He and I kept this road, as well as all the moves and stuff down on that road for 35 years. So, it's not something new that we are -- you know, that I'm familiar with taking on. Hoaglun: Okay. Baldwin: Do you have any questions for me? I will be more than happy to answer them. Hoaglun: I don't think so, but appreciate your comments. Thank you. Yes, Mr. Wrede, since your property is involved in this I think you should have time to comment. Wrede: I would like to say that my concern isn't for getting any additional property, it's really just to connect that fire access so I can move forward. I already have a right of way to Zimmerman Road, just as everybody else along that road, and it's not uncommon for somebody that has a right of way to improve the road. Like, Haden just said, he's been maintaining it all along and there has been cases where, actually, people that have right of ways can actually do more than just put some gravel down, they can actually put road base and things like that down. I would be happy with basically just an agreement. I think an agreement from them -- something recorded would suffice saying that I have the capability to improve that 50 foot section of road, be it by putting a road in or putting enough proper road base for the Fire Department to have access through there. Hoaglun: Yeah. I think -- Meridian City Council March 28,2023 Page 43 of 47 Borton: Mr. President? Hoaglun: Yes, Councilman Borton. Borton: Will you point -- or Bill help point on a map which section you are referencing? Wrede: The blue section, plus the entire five acres to the left of that blue section. Borton: Got it. Wrede: And the access is the red section, what they are talking about deeding to ACHD. And, you know, if ACHD would have said in their report we are going to pay for this and I wouldn't have a problem right now. But they said we are likely going to do it. And when I see that term that means I'm going to pay for it and, so like I said, an agreement would probably be all that is needed, if that. And the other question I have is there is a difference between recording something or doing something when final plat is done. That's when all the roads and everything are done. And I'm wondering if you are talking about having these DA's in place when Council signs the final plat approval versus signing the final plat. It's a little confusing. I wasn't sure which time frame you were talking about that. There is a big difference. Parsons: Mr. President, Members of the Council, Council doesn't sign plats. It's the city engineer. Wrede: Okay. Parsons: So, they approve a final plat as part of a consent agenda -- Wrede: Right. Parsons: -- and when you are ready to record and all the improvements are done, then, the plat comes to us for signature and that's what the applicant is asking for the delay or the DA provision to allow all of these things -- things to occur prior to signature on the final plat. So, Council won't be involved at that point. It's going to be staff making that determination. Wrede: Okay. So, the -- Parsons: If the developer can't honor the contract, then, we are coming back before the City Council for a public hearing to amend that -- that DA provision. Wrede: Okay. So, the agreements and the DA consideration is talking about -- we are part of getting final plat approval. Parsons: No. The DA provisions are part of getting signature on the final plat, so -- Meridian City Council March 28,2023 Page 44 of 47 Wrede: Not the ordinance. Not when the ordinance. When the DA is signed. Parsons: Correct. Hoaglun: And -- and, Jeff -- to your comment, Mr. Conger, was in conversation, but, Laren, I -- I think having him improve the -- his portion of the road base and going out, didn't seem like that was having agreement that they could make improvements on that -- would -- would be an issue? Yes. If you -- if you won't mind. Conger: Mr. President, Members of the Council, Jim Conger. So, the -- the ACHD right of way cannot be dedicated over until we are done with the property boundary adjustments. Hoaglun: Right. Conger: So, for him to go do improvements he will have nothing legally to put them on. Hoaglun: Okay. Conger: So, he -- he -- I get -- he's been -- we have met in my office. I get his urgency. He just happens to have a phase two that is one hundred percent dependent also on our collector road. I mean we are talking about the east road, but here in a minute I don't believe the intent -- not after we read his conditions and I don't want to state -- I -- I think there is some requirement for the collector road. I have got to build it first. That's the 930,000 dollar deal and -- and -- and so, I -- I don't believe he can go do improvements until I get this record of survey done. Adamson: Hello, Mr. President. I did talk with Mr. Conger and I would be willing to accept that property to be annexed to our property, given that the contract is acceptable for signature. Hoaglun: Okay. Thank you, Ryan. Appreciate it. Council, let's -- let's take a -- I don't want to delay this any further, but we have been here for several hours now taking a break, so -- I mean sitting here and going through a lot of details. Let's take a break and, then, we can come back and, hopefully, have clear heads and -- and decide how we are going to proceed on this, so -- six minutes? All right. Six minutes. (Recess: 8.09 p.m. to 8.15 p.m.) Hoaglun: All right. Let's come back together. For those of you in the audience once this issue is done you can go home and do whatever, but we have an Executive Session to go into after this, so we aren't done. So, thank you for letting us take that brief break. Appreciate it. And got one Council Member who is -- needs to come back here in a second. Council Woman Perreault, I assume you are -- you are still with us? Perreault: Council President Hoaglun, can you hear me? Meridian City Council March 28,2023 Page 45 of 47 Hoaglun: Yes. There you are. Perreault: Great. I'm here. Hoaglun: Great. Thank you. Councilman Borton. Borton: Mr. President? Hoaglun: Councilman Borton. Borton: I'm -- I'm going to throw out some more comments I guess. I'm still in the mindset of where some of the Council had concerns -- not with the project itself, but with ensuring we have got the I's crossed and the -- T's crossed, I's dotted. Good Lord, I can't even say that right. And that's really important. It is to me. So, I appreciate members of the public being here and these adjacent land owners and -- and Jim talking to you really quick and he's trying to get something worked out. I don't doubt you have got layers of delay or slow government I guess. It's all sorts of levels to make this happen. I'm still of the opinion that using two weeks to let everybody have the conversations and you get to review conditions and correct if they are not agreeable and you are not left trying to say yes or no on the fly. We can have it on the 11th, giving Bill and Bill and you, the neighbors, everyone time to talk, review language, and get it right. I don't doubt that it's going to be right. I think it's a great project. I think we have heard a lot of positive you can take from today if it's going to be continued that we like the project, we understand it's consistent with what was intended there. Appreciate the efforts that you probably also can chew on how to articulate that -- that northeast corner and if it's going to retain as your ownership and, then, be maintained or not, that can be clarified. I appreciate that. Everyone says the Kennedy can remain open. It makes sense to remain open as well as requested. So, there is a lot of good in its design and -- and how it really does fill the doughnut hole and provide that connectivity east and west. So, I get the feeling that -- that it's going to be a successful project that should breeze through in two weeks once we have the conditions that everyone is comfortable with. So, you have been cooperative before, we have done that a little bit. Delays stink. But, hopefully, if we can do a couple of weeks we will get it done right and you will have a great successful project. Okay? So, Mr. President? Hoaglun: Councilman Borton. Borton: With that we will leave the public hearing open and I will move that we continue H-2022-0088 for two weeks to be heard on the hearing scheduled 6.00 o'clock on April 11 th. Hoaglun: Is there a second? Overton: Second. Meridian City Council March 28,2023 Page 46 of 47 Hoaglun: We have a motion and second to continue the public hearing to April 11th. All those in favor signify by saying aye. Any opposed? The ayes have it. The hearing will be continued to April 11th to the 6.00 o'clock work session. So, thank you, everyone, for your participation and we will see you in a couple weeks. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Hoaglun: Do we have any future meeting topics, Council, that you wanted to bring up? Cavener: Mr. President? Hoaglun: Yes, Councilman Cavener. Cavener: Not a future meeting topic -- well, maybe a future meeting topic. Maybe just a quick moment of privilege. I just want to put on the record just a hearty congratulations to the Strader family to the addition of the Strader twins. Beautiful babies. And mom and dad and brother and sisters are all doing well and I just think that from us to them we just want to wish them well. EXECUTIVE SESSION 13. Per Idaho Code 74-206 (d) To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code Hoaglun: Thank you, Councilman Cavener. Appreciate you doing that. Next we have an Executive Session. Councilman Borton. Hoaglun: Mr. President, move we go into Executive Session pursuant to Idaho State Code 74-206(d), as in dog. Cavener: Second. Hoaglun: Motion and second to go into Executive Session. Mr. Clerk, will you, please, call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, absent; Overton, yea. Hoaglun: All ayes. We will be in Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (8.20 p.m. to 8.43 p.m.) Meridian City Council March 28,2023 Page 47 of 47 Cavener: Move to come out of Executive Session. Borton: Second. Hoaglun: Moved and seconded to come out of Executive Session. All in favor? MOTION CARRIED: FOUR AYES. TWO ABSENT. Cavener: Move to adjourn. Hoaglun: Motion to adjourn. All in favor. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 8:43 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Mayor Robert E. Simison 4-11-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 4-11-2023 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the March 14, 2023 City Council Work Session Meridian City Council Work Session March 14,2023 Page 25 of 25 Hoaglun: I would move that we go into Executive Session per Idaho Code 74-206(a) and (d). Strader: Second. Simison: I have a motion and a second to go into Executive Session. Is there discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, absent; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and we will move into Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (5:48 p.m. to 6:19 p.m.) Simison: Council, do we have a motion? Hoaglun: Mr. Mayor, I move we come out of Executive Session. Simison: Have a motion to come out of Executive Session. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? We are out of Executive Session. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we adjourn. Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it and we are adjourned. MEETING ADJOURNED AT 6.19 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Mayor Robert E. Simison 3-28-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 3-28-2023 W IDIAN� AGENDA ITEM ITEM TOPIC: Approve the Minutes of the March 14, 2023 City Council Regular Meeting Meridian City Council Work Session March 14,2023 Page 30 of 30 Hoaglun: Mr. Mayor, I move we come out of Executive Session. Overton: Second. Simison: Motion to come out of Executive Session. All in favor say aye. Any opposed? Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Hoaglun: Mr. Mayor, I move we adjourn. Simison: Motion to adjourn. All in favor? All ayes. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:55 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 3-28-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 3-28-2023 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: McLinder Subdivision No. 2 Water Main Easement ADA COUNTY RECORDER Trent Tripple 2023-017726 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 03/29/2023 08:16 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0040 Mclinder Subdivision No. 2 Water Main Easement No. 1 WATER MAIN EASEMENT THIS Easement Agreement, made this 28th day of March, 20 23 betweenTS Development 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 01/01/2020 public street, then, to such extent, such Tight-of-way and casement hereby granted which lies within such boundary tbemof 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 Gra:ntec: that Grantor is lawfully seized and possc-ssed of the aforementioned and described tract of land, and that Grantor has a good and lawful tight to convey said easement. and that (iranior will Warrant and f'orcvc.r dctcnd 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 fast herein above written. GRATq1JD velopment 1_LG Tho as - �. STAT � ) ss County of Ada ) 'Phis record was acknowledged before me on - _ (date) by Thomas Bevan Jr. (name of individual), [complete the following- if signing in a representative capacity, vr.siriker the folio-wing if signing in an individual cupac•i!_v] on behalf of TS oeve+oprnent LLC (mime of entity on behalf of whom record was executed), in the following representative capaci(y; MwvginA.RA (type of authority such as o11icer or trustee) .� otary 51zia ,0 Z My Co mmissi n Expires:71 12026 OF tp,a � rragn Is Nva,• Water Main Easement Versi*n 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 3-28-2028 Attest by Chris Johnson,City Clerk 3-28-2028 STATE Or IDA1I0, ) Ss. County of Ada This record was acknowledged before me on 3_-28-2028 (date) by Robert E. Simison and Chris Johnson on behalf of the; City of h4eridian, in their capacities as Mayor and City Clerk, respectively. Notary SiLmaturc My Commission Expires- Water Main Easement Version 01/01/2020 5awtooth Land Surveying, LLC /�/� 2030 5. Washington Ave. f-311'�/L/07n Emmett, ID 83G 17 L=ar�SurvEyinq,. �_� P: (208) 398-8 1 04 F: (208) 398 8 105 City of Meridian Water Easement An easement being a portion of Lot 23, Block 1, of McLinder Subdivision No. 2, as shown in Book 111 of Plats at Page 16156, Ada County Records, located in the NW1/4 of the NW1/4 of Section 36, T. 4 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho more particularly described as follows: COMMENCING at a 1/2" rebar/cap PLS 14221 marking the northeast corner of said lot 23; Thence N 89126'18" W., parallel with the north line of said Lot 23, a distance of 34.50 feet; Thence S. 00033'42" W., parallel with the east line of said Lot 23, a distance of 35.11 feet to the POINT OF BEGINNING; Thence S. 0013342" W., parallel with the east line of said Lot 23, a distance of 10.00 feet; Thence S. 89126'18" E., parallel with the north line of Lot 23, a distance of 8.00 feet; Thence S. 0003342" W., parallel with said east line, 5.00 feet; Thence N. 89026'18" W., parallel with said north line, 12.00 feet; Thence N. 00133'42" E., parallel with said east line, 15.00 feet; Thence S. 89026'18" E., parallel with said north line, 4.00 feet; to the POINT OF BEGINNING. The above described easement contains 100 square feet more or less. 1� 574 / z3 P:\2021\1 EMT\121373-SAWTOOTH VILLAGE PIN FLAG-TOPO-GRAND PEAK D EVE LOPMENT\Drawings\Descriptions\121373-WATER EASEMENT LOT23-3123.docx EXHIBIT A LOCATED IN THE NW 114 OF THE NW 114 SECTION 36, T. 4 N., R. 1 W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2023 -74 Pt or 1p �! S 89°26'18"E 183.86' - 149.36' - 34.50' l I 3 1 _ t I ,y v It O EASEMENT DETAIL I i I S 89°26'8"E Off, j '- 26.50' W t 13 SEE DETAIL Z o� I wl jg ~ I h 8.00' 8 jilrOOSq!.�Feel 1 o Lri N 89026'18"W I 12.00' 2 I � I N 89°59'21"E 163.09' I I J W. ANN TAYLOR ST. NTS PROJECT: CLIENT: 2030 S. WASHINGTON AVE. DWG# CITY OF MERIDIAN MARY MURPHY EMMETT, ID 83617 121373 WATER EASEMENT EXHIBIT 4. ,1& P: (208) 398-8104 PROJECT# LOT 23, BLOCK 1 15/lw/-OOTf F. (208) 398-8105 121373-Ex McLINDER SUBDIVISION NO. 2 SHEET �I �.----- Lo�dSury � LLG 1 2/2023 e1' WWW.SAWFOOTHLS.COM 1 OF 1 Sawtooth Land Surveying, LLC 2030 5. Washington Ave. 45/I0 00r" Emmett, ID 83G17 and>`uive ���i P: (208) 398 81 04 r F: (208) 398-8 1 05 City of Meridian Water Easement An easement being a portion of Lot 26, Block 1, of McLinder Subdivision No. 2, as shown in Book 111 of Plats at Page 16156, Ada County Records, located in the NW1/4 of the NW1/4 of Section 36, T. 4 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho more particularly described as follows: COMMENCING at a 1/2" rebar/cap PLS 14221 marking the southeast corner of said lot 26; Thence N. 00034'02" E., coincident with the easterly line of said Lot 26, a distance of 48.88 feet; Thence S. 89026'18" E., continuing along the easterly line of said Lot 26, a distance of 12.48 feet; Thence N. 00033'02" E., continuing along the easterly line of said Lot 26, a distance of 15.36 feet to the POINT OF BEGINNING; Thence N. 89026'18" W., parallel with the south line of said Lot 26, a distance of 15.35 feet; Thence N. 0003342" E., parallel with the east line of said Lot 26, a distance of 10.00 feet; Thence S. 89126'18" E., parallel with said south line, 15.35 feet; Thence S. 0003342" W., parallel with said east line, 10.00 feet to the POINT OF BEGINNING. The above described easement contains 154 square feet more or less. 19 11574. P:\2021\1 EMT\121373-SAWTOOTH VILLAGE PIN FLAG-TOPO-GRAND PEAK DEVELOP MENT\Drawings\Descriptions\121373-WATER EASEMENT LOT26-3123.docx EXHIBIT B LOCATED IN THE NW 114 OF THE NW 114 SECTION 36, T. 4 N., R. 1 W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2023 S 89°24'46"E 112.22' i nSUj��I � I I 1 I N EASEMENT DETAIL S 89°26'18"E 15.35' a I m � I 0 I O 4 I W � e 154 Sq. Feet I I I N 89°26'18"W 15.35' 1 I 14.01' IN 8902618'W � I SEE DETAIL r, S 89026'18"E W �•1 r� 12.48' 11574 Pr or I �1FF S�AGL��t I I y Nil s N W26'18"W 185.27' PROJEcr, -CLIENT: 2030 S. WASHINGTON AVE. DwG# CITY OF MERIDIAN MARY MURPHY EMMETT, ID 83617 121373 WATER EASEMENT EXHIBIT A.Ak P: (208)398-8104 PROJECT# LOT 26, BLOCK 1 45/lwrOOT F. (208)396-8105 121373-Ex McLINDER SUBDIVISION NO. 2 sr+EEr DATE: 2/2023 La�Suiveyi0-7,LLG WWW.SAWTOOTHLS.COM 1 OF 1 Sawtooth Land Surveying, LLC J9,X' k 2030 S. Wa5hington Ave. :f�511WI-QQEn Emmett, ID 83G 17 P: (208) 398-8 1 04 C=and Sc rvErinq,. L-L-C F: (208) 398-8 1 05 City of Meridian Water Easement An easement being a portion of Lot 29, Block 1, of McLinder Subdivision No. 2, as shown in Book ill of Plats at Page 16156, Ada County Records, located in the NW1/4 of the NW1/4 of Section 36, T. 4 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho more particularly described as follows: COMMENCING at a 1/2" rebar/cap PLS 14221 marking the southwest corner of said lot 29; Thence N. 0013342" E., coincident with the west line of said Lot 29, a distance of 59.00 feet, to the POINT OF BEGINNING; Thence continuing N. 0013342" E., coincident with said west line of Lot 29, a distance of 20.00 feet; Thence S. 89126'18" E., parallel with the south line of said Lot 29, a distance of 7.00 feet; Thence S. 00133'42" W., parallel with said west line, 20.00 feet; Thence N. 89126'18" W., parallel with said south line, 7.00 feet, to the POINT OF BEGINNING. The above described easement contains 140 square feet more or less. r t 0 11574 �/zJ23 rr or N\`` ✓FFF BEOV P:\2021\1 EMT\121373-SAWTOOTH VILLAGE PIN FLAG-TOPO-GRAND PEAK D EVE LOP MEN T\Drawings\Descriptions\121373-WATER EASEMENT LOT29-3123.docx EXHIBIT C LOCATED IN THE NW 114 OF THE NW 114 SECTION 36, T. 4 N., R. 1 W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2023 ,;rl 11574 W. McMILLAN RD. �qTF OF J���, BEA����'� N 89°2429"W 170,42' 1 � II I I I � i I i EASEMENT DETAIL I I 1. I IN � S 89°Z6'18"E 7.00' I i I I I JI f I I ryl 'Y Iry 1 I W o WI 3 , ry I ,140 Sq. Feet � o W SI ° v —d Zl 1g Z I I 1 I BLOCK I SEE DETAIL I 1 j � I 1 I N 89°26'18"W 7.00' I$ LQ. I I S 89°26'18"E 171.42' - o I NTS PROJECT: CLIENT: 2030 S. WASHINGTON AVE. DWG# CITY OF MERIDIAN MARY MURPHY EMMETT, ID 83617 121373 WATER EASEMENT EXHIBIT „ P: (208) 398-8104 PROJECT# LOT 29, BLOCK 1 G��rOOr� F: (208) 398-8105 121373-Ex McLINDER SUBDIVISION NO. 2 -/ SHEEF DATE: 2/2023 Lar�Surveyirx/ LLG WWW.SAWTOOTHLS.COM 1 OF 1 V IDIAN� AGENDA ITEM ITEM TOPIC: Settler's Park Subdivision Sanitary Sewer and Water Main Easement No. 2 ADA COUNTY RECORDER Trent Tripple 2023-017727 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 03/29/2023 08:16 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0034 Settlers Park Subdivision Sanitary Sewer and Water Main Easement No. 2 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 28thday of March 2023 between St.Luke's Health System,Ltd., ("Grantor")and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and 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 sanitary sewer and 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. r 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. Sanitary Sewer and Water Main Easement REV.01/01/2020 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 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 patties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ST.LUKE'S HEALTH SYSTEM,LTD., an Idaho nonprofit corporation By: f M6 iUm�t C STATE OF IDAHO ) ) ss County of Ada ) TVreco was acknowledged before me on (date) by TV 1 (name of individual), [complete the folloKing if signing in a repr Lentative capacity, or strike the fallowing if signing in an individual capacity] on behalf of St.Luke's Health System,Ltd., (name of entit on behalf of whom record was executed), in the following representative capacity; C. ��_ (` p (type of authority suilhas officer or trustee) ll ti J'UBL1C tary No Signature :t My Commission Expires: 94 Z Zs Of Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-28-2023 Attest by Chris Johnson, City Clerk 3-28-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 3-28-2023 _(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— Sanitary Sewer and Water Main Easement REV.01/01/2020 • I DA H O 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208) 846-8570 EXHIBIT A Fax: (208) 884-5399 Settlers Park Subdivision Parcel B City of Meridian Utility Easement 1 Boundary Description Project Number 22-221 January 27, 2023 An easement situated in Parcel B of Record of Survey 13511, records of Ada County, Idaho, in the southeast quarter of the southwest quarter of Section 36,Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a brass cap marking the southwest corner of Section 36,Township 4 North, Range 1 West, Boise Meridian; Thence S88°42'42"E, 2011.45 feet along the south line of Section 36; Thence N01°17'18"E, 48.00 feet to the north right-of-way line of W. Ustick Road,the POINT OF BEGINNING: Thence N00°02'00"E, 59.67 feet; Thence N34°02'58"E, 127.22 feet; Thence N00°24'04"E, 18.03 feet, more or less, to the northerly boundary of Parcel B; Thence 589*32'54"E,30.00 feet along the northerly boundary of Parcel B; Thence S00°24'04"W, 18.01 feet; Thence N89°35'56"W, 10.00 feet; Thence S00°24'04"W, 6.05 feet; Thence S34°02'58"W, 127.15 feet; Thence S00°02'00"W, 53.99 feet to the north right-of-way line of W. Ustick Road; Thence N88°42'42"W, 20.00 feet along the north right-of-way line of W. Ustick Road to the POINT OF BEGINNING. The above-described easement contains 0.10 acres, more or less. ANp S r 11 -4 Page 1 of 1 ,rq� �i F OF �yq FL S . gym V) cn iv L4 Linder Rd. CD o (rl cn D c ' Woodburn West 0 0 Unanlatted ` Subdivision No. 2 0 D rt o .. cn �n - II L1 OD r PO _o X��I58•F �� 0 I v S gyp? L2 oo > — ap m 7S � 00 � J L3 LA (D o o ao Ln o w A N G) � o N U � � C: > , m O 48' _ � ti � .0 m O r o � r � I C7 I 0 a �0 9' ;E e 4 � m 3 N C� 'ZI 00 3 I e1 �� O N I W N 7 c0 m Fli CD CJ ev N OD 0 o r"' I ) n R QJ c0 O O O m O cD U3 N Cn � N o CD N I a o —i �I O 4 p z CD N (D rt 4 G fi C O 00 00 t�0 CD n O, (D N O O O a) UO O _ L4 V S to m N D C s ; � m (�D �Q I Z7 V c) j s �� � CD �.0PRp F \ c OD 0 0 r- n � _ra0 C43 A •Z m � v, — <�O nI 9 d N p (D -P: O O n ITI 7•'p �U s o j (D 2i0 0 p cw r+ I o � Cc) rn o Unplatted o - - -- - -- - - - - - - - - - - - - \G 02. NOS N. Venable Ave. NO � NZ u �0 1O° P • I DAH O 9955 W Emerald St SURVEY Boise, ID 83704 15G GROUP Phone: (208) 846-8570 EXHIBIT 3-1 Fax: (208) 884-5399 Settlers Park Subdivision Parcel B City of Meridian Utility Easement 2 Boundary Description Project Number 22-221 Jonuory 27, 2023 An easement situated in Parcel B of Record of Survey 13511, records of Ada County, Idaho,in the southeast quarter of the southwest quarter of Section 36,Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho,and being more particularly described as follows: Commencing at a brass cap marking the southwest corner of Section 36,Township 4 North, Range 1 West, Boise Meridian; Thence S88°42'42"E, 2505.18 feet along the south line of Section 36; Thence N01°17'18"E, 263.90 feet to the POINT OF BEGINNING: Thence N00°27'21"E,25.00 feet, more or less, to the northerly boundary of Parcel B; Thence S89°32'54"E, 20.00 feet along the northerly boundary of Parcel B; Thence S00°27'21"W, 25.00 feet; Thence N89°32'39"W, 20.00 feet to the POINT OF BEGINNING. The above-described easement contains 500 square feet, more or less. T Cl- 1 4 Page 1 of 1 r fZ �yq EL N o fv can Linder Rd. o � - .p W o / n Woodburn West co0 Unplatted Subdivision No. 2 o I 0 I 0 PRO, o y I �N S �I m O \ w ri coo Z w W Z O tip p W r�3 O (D cn C a Q X D ' m r �_ OC` N 48' N N N N (D � M o o10 '< o r o , �J u IN Ln c V) O .O N = W� Ul fa 0 � Q00 tom (n o nom a N b w v 0 N ' A co m I R C m m (D N �r Qx 0) rt bi 3a) R to - .Z7 (n Ln O 0 �I a - r+ (p N I n 0 CD c0 c.. (A m m x ; � m (D - I ;U nl; j I ke O ° ° C r C >�.0 C Q to 0 Ia.tO I ..............N01.17:18 E �� L1c cn r► 263.90' ......... �� °" Io ` � m ° L3 Nr c 3 > > (Co W s 5n a, I vn ° N I I UIN a) Unplatted \F �=r N c_ — _ — _ _ _ No V) N o � N Z N. Venable Ave. u � �o (D° E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: WaterWalk Hotel Water Main Easement No. 2 ADA COUNTY RECORDER Trent Tripple 2023-017728 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 03/29/2023 08:16 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0031 WaterWalk Hotel Water Main Easement No. 2 WATER MAIN EASEMENT THIS Easement Agreement, made this 28th day of March 20 23 betweenWWOZ BoiseMeridian 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 01/01/2020 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: WWOZ Boise Meridian LLC Jams . Korroch, President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by James E.Korroch (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 VVWOZ Boise Meridian,LLC (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of Cuthority such as officer or trustee) (staml) {ICHELLE M.GIAMMASI I NOTARY PUBLIC STATE OF 5 MyAppt.Exp. ' `I11 Notary ignature My Commission Expires: `► `7' °?y Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 3-28-2023 Attest by Chris Johnson, City Clerk 3-28-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 3-28-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Version 01/01/2020 N V 5 Delivering Solutions Improving Lives Water Line Easement Description Date: September 10,2021 An easement situated in the Southeast 1/4 of the Southeast 1/4 of Section 8, Township 3 North, Range 1 E,Boise Meridian, City of Meridian,Ada County,Idaho, described as follows: i Commencing at the Southeast corner of said Section 8,monumented by a found 3.5"brass cap I (CPF Inst.No. 2020-052068),fi•om which the South 1/4 corner of said Section 8,monument by a found brass cap, (CPF Inst.No. 104161984)bears North 89°54'35"West, a distance of 2571.02 feet; Thence North 89°54'35"West coincident with the South line of said Section 8 a distance of 786.93 feet; Thence leaving said South line,North 00°05'25"East, a distance of 40.00 feet,to the Southeast corner of the N. Olson Road extension as shown on Record of Survey No. 8999 recorded in the records of Ada County; Thence North 51°57'14"West, coincident with the easterly right of way of said N. Olson Road, a distance of 33.32 feet; Thence, continuing coincident with said easterly right of way,North 00°04'29"East, a distance of 139.45 feet,the POINT OF BEGINNING; Thence, continuing coincident with said easterly right of way,North 00°04'29"East, a distance of 29.50 feet; Thence, leaving said easterly right of way, South 89°54'35"East, a distance of 14.47 feet; Thence, South 00°05'25"West, a distance 9.50 feet; Thence, South 89°54'35"East, a distance of 101.43 feet; ffi Thence,North 67°12'41"East, a distance of 56.43 feet; Thence,North 78°27'41"East, a distance of 148.83 feet; . Thence,North 11032'19"West, a distance of 17.50 feet; g Thence,North 78°27'41"East, a distance of 20.00 feet; s Thence, South 11'32'19"East, a distance of 17.50 feet; Thence,North 78°27'41"East, a distance of 60.69 feet; Thence,North 89°40'38"East, a distance of 224.05 feet; 690 S. Industry Way, Ste 10 • Meridian, ID 83642 • T 208.342.5400 F 208,342.5353 www.NV5.com 1 i V 5 Delivering Solutions Improving Lives Thence, North 00 ° 19 ' 22" West, a distance of 23 . 00 feet; Thence, North 89 °40 ' 3 8 " East, a distance of 24 . 47 feet; Thence, North 24 °30 ' 42" East, a distance of 66 . 04 feet; Thence, North 20 ° 57 ' 40 " West, a distance of 12 . 15 feet; Thence, North 65 ° 57 ' 40 " West, a distance of 219 . 32 feet; Thence, North 88 °27 ' 40 " West, a distance of 72 . 55 feet; Thence, South 01 '32 ' 20" West, a distance of 5 . 00 feet; Thence, North 88 °27 ' 40 " West, a distance of 20 . 00 feet; Thence, North 01 °32 ' 20 " East, a distance of 5 . 00 feet; Thence, North 88 °27 ' 40 " West, a distance of 50 . 16 feet; Thence, North 01032 ' 20 " East, a distance of 20 . 00 feet; Thence, South 88 °27 ' 40 " East, a distance of 146 . 69 feet; Thence, South 65.°57 ' 40" East, a distance of 231 . 58 feet; Thence , South 20 °57 ' 40 " East, a distance of 28 . 82 feet; Thence, South 24030 ' 42" West, a distance of 112 . 54 feet; Thence, South 89 °40 ' 38 " West, a distance of 248 . 69 feet; Thence, South 78 °27 ' 41 " West, a distance of 225 . 59 feet; Thence, South 67 ° 12 ' 41 " West, a distance of 58 . 51 feet; Thence, North 89 ° 54 ' 35 " West, a distance of 119 . 95 feet to the POINT OF BEGINNING . E S 690 S . Industry Way, Ste 10 Meridian, ID 83642 7 208 . 342 . 5400 F 208 . 342 . 5353 www , NV5 . com 2 i i N V 5 Delivering Solutions Improving Lives The above described easement contains 23,804.49 square feet, or 0.546 acres,more or less. Together with and subject to rights of way, covenants, easements,and restrictions of record or implied. The basis of bearings for this description is North 89°54'35"West,between the Southeast corner of said Section 8 and the South 1/4 corner of said Section 8. Travis P.Foster PLS No. 10729 End of Description a� 10729 �•%� OF \js P, 5 k kk� E 6 3 690 S.Industry Way, Ste 10 Meridian, ID 83642 T 208.342.5400 F 208.342.5353 WWW.NV5.com s 3 a 0-1 R.p- o G rn w 1 C z m (nU)0 cn CO Q Dzo zo - ? rn o w m z o N o NO'04'29°E CD rri �y rn N, OLSEN RD. Z O D�m ICR 139,45 \ C ri c' r m m rr � fTi Fri 0 ou Z I c^'f o rn v Or 00 N o f c>n o rsf :p CD j to j A � v o 0 0 o w 00 cA CJI c C oo $A �I CAm � C r r Z Io "f N� ra rm w N p cn oo m v I O CO n 1 rri ; N I co ti z z z z Z P �� CD co DDDo o W m (A v N v t= v v —I CP C+\ \ N o i 1 m m rrT1 w (, No vi g 1 1I bo CD CD CD Ln CD Z Z N C) CDLn N ' �1 1� C9 rn, N11 IW�a (ry NON b to �I 1 o q C:) O �1 1 � m 0 N 1 1L3 � �r Z bC1 z y 1 �5 j N J-1 1 00o 0 OO > �T t0 1� co r cn m 1I OGriI Dom 1 r Ip x y a z CTy 1 I O V y I nl m GO m cal I W IZ j m I. Q — r o I I(D rr a 1 I`a m n?I t0 I I g J (o I rr; I / 'I � 41 IC (A /&V/ oVVi CD �Z■� 4.7 �'y o PRoFF 0 co O - S¢� N C)co m CD 2i0�3��C` Do o',(n .4 0 o-0> rrl G pZ f "R.-u � NOD a� O IO r� W Oo� 0Z 17 (7 rrl O_ _ . _ NON; O00 O C :QN12803E 2650.12 o. P cn = DRAWING INFO SHEETINFO ■� r EXHIBIT FOR DRAWN w� N IJ- � B000230.00 o = WATER LINE EASEMENT CHECKED TPF —r+ mm B000230.00 PBA sao Induclq war,smla io ]J WATERWALK DEV. usr EUlr wtorzozf Mer d42-64003642ZOO .N VS.com WATERWALK PBA V=100' aiorDATE s�tazozf w..„ _ E f L y u W IDIAN� AGENDA ITEM ITEM TOPIC: Recommendations for PY23 CDBG Housing and Public Facility/Infrastructure Projects MEIDI N�--�- IL MEMORANDUM DATE: March 20, 2023 FROM: Crystal Campbell, Community Development Program Coordinator TO: Mayor and Council CC: David Miles, Chief of Staff; Daniel Torres, Economic Development Administrator, Chris Johnson, City Clerk RE: CDBG Housing, Public Facility, and Infrastructure Notice of Intent Recommendations 1. Background The Meridian Community Development Block Grant (CDBG) Program opens two competitive applications each year. • Public Service Application—available from April 1 to April 30. • Housing, Public Facility, and Infrastructure Application—requires a higher level of review to ensure projects are eligible and viable, so it requires a Notice of Intent (NOI) to apply. If the project appears to be a good fit,the organization will be invited to complete the full application. The NOI was available from March 1 to March 15 and the complete application will be available from April 1 to April 30. 2. Housing, Public Facility, and Infrastructure Applicants The Program Year 2023 NOI's have been received and evaluated using: 1) Project Eligibility Determination to ensure the project meets the basic federal guidelines; 2) Pre-Award Risk Assessment to determine the level of risk associated with the project; and, 3) Notice of Intent Evaluation to determine if the project falls within the guidelines of the Consolidated Plan. Applications are divided into separate categories for those addressing housing and those addressing public facility and infrastructure needs. The funds for each category are also separate, so applications are only competing against projects in the same category. Community Development Department . 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org Community Development Block Grant(CDBG)Program NOI Recommendations Housing Projects Homebuyer Assistance *Provide assistance for low income,first time homebuyers to purchase affordable homes within Meridian city limits. *Eligibility Determination: Eligible *Pre-Award Risk Assessment: 24(Medium Risk= 21-30) *Notice of Intent Evaluation: 226 points Homeowner Repair -Provide funding to rehabilitate owner-occupied homes for households within Meridian City limits that meet the eligibility requirements. *Eligibility Determination: Eligible *Pre-Award Risk Assessment: 28(Medium Risk=21-30) *Notice of Intent Evaluation: 202 points Public Facility/Infrastructure Projects Combined Sidewalk/Streetlights -Combined sidewalk/streetlight project in designated low-mod areas that will utilize all Public Facility/Infrastructure funds for the duration of the 2022-2026 Consolidated Plan. -Eligibility Determination: Eligible •Pre-Award Risk Assessment: 25 (Medium Risk=21-30) -Notice of Intent Evaluation: 215 points 3. Staff Recommendation Staff recommends the following projects be invited to complete an application: • NeighborWorks Boise Homebuyer Assistance • NeighborWorks Boise Homeowner Repair • Meridian Public Works Combined Sidewalk/Streetlights Completed applications will be scored and ranked by a Scoring Committee and included in the PY23 Action Plan, which will then be presented to Council for approval. If there is not enough funding for all of the projects, those that are ranked lower will be included in the PY23 Action Plan as backup projects. 4. Council Decision Staff is asking Council to approve the recommendations above when this memo is submitted on the consent agenda at the March 28, 2023 Council Work Session meeting. All projects that are invited to complete the full application will be included in the PY23 Action Plan unless there are extenuating circumstances. 2 1 P a g e Community Development Block Grant(CDBG)Program NOI Recommendations 5. Next Steps Below is the timeline for projects included in the PY23 Action Plan: , . April Application Open Public Hearing Open ■ Public Services Request comments ■ Selected Housing on the planning end Public Facilityl process Infrastructure Opens at City Projects Council. � * a � Public Presentation Public Hearing Closed HeldatMeridian Closedduring Oatheringand Council Meeting, Resource Center. All comments will be provided. June 15 to July 15 Application Evaluation Put)lie Comment * All applications will • Action Plan will be be scored and available for public ranked. comment. Approved projects will be included, Public Hearing Resolution + There will be a * Final Action Plan presentation and provided, pub lie hearing for • Approved Plan the Action Plan at ready to submit to City Council, HUD. 3 Page W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 23-2379: A Resolution Establishing the Reappointment of Elizabeth "Lizzie" Taylor to Seat 1 of the Meridian Arts Commission; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 23-2379 BY THE CITY COUNCIL: BORTON, CAVENER,HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION ESTABLISHING THE REAPPOINTMENT OF ELIZABETH "LIZZIE" TAYLOR TO SEAT 1 OF THE MERIDIAN ARTS COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the Meridian City Code § 2-2-1 establishes the Meridian Arts Commission, its members and terms of their appointments; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the reappointment of Elizabeth "Lizzie" Taylor to Seat 1 of the Meridian Arts Commission as recommended by Mayor Simison and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That, effectively immediately, Elizabeth "Lizzie" Taylor is hereby reappointed to Seat 1, which term shall expire February 28, 2026; Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian,Idaho,this 281h day of March,2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 28th day of March, 2023. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION FOR REAPPOINTMENT OF TAYLOR TO THE MERIDIAN ARTS COMMISSION-Page I V IDIAN� AGENDA ITEM ITEM TOPIC: Fiscal Year 2023 Budget Amendment for the amount of$367,700.00 to Cover Anticipated Additional Expense of Water and Wastewater Chemicals for the Remainder of Fiscal Year2023 Wa12023 4:49PM City of Meridian FY2023 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total Ey 60 3430/3510 41200 0 Wages s�1 60 3430/3510 41206 0 PT/Seasonal Wages 60 3430/3510 41210 0 Overtime please only complete the fields 60 3430/3510 41304 0 Uniform Allowance highlighted in Orange. 60 3430/3510 42021 0 FICA $ Amendment Details 60 3430/3510 42022 0 1 PERS1 I $ Title: FY23 Water&Wastewater Chemicals 60 1 3430/3510 42023 0 Worker's Comp I $ - Department Name: Public Works 60 1 3430/3510 42W5 0 Employee Insurance $ Presenting Department Name: Public Works Total Personnel Costs $ - Department#: 3430/3510 Operating Expenditures Primary Funding Source: 60 Fund# Dept.# GO Proj.# G/L#Description ❑ne-Time on-Going Total CIP#: 60 3430 52015 0 Chemicals $ 163,000 $ 163,000 Project#: 6D 3510 52015 0 Chemicals $ 204,700 $ 204,700 60 0 0 $ - Is this for an Emergency? ❑ Yes No 60 0 0 $ New level of Service? ❑ Yes No 60 0 0 $ 60 1 0 0 $ Clerks Office Stamp 60 0 0 $ 60 0 0 $ 6D ❑ 0 $ 60 a 0 $ 5o 0 ❑ $ 60 ❑ 0 S 60 0 1 0 1 1 $ - Date of Council Approval 3-28-2023 Total Operating Expenditures $ 367,700 $ $ 367,700 Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date 60 0 0 Ir Z� 60 ❑ 0 I 60 0 0 Department Director 60 0 0 REVIEWED 60 0 0 By Todd Lavoie at 3:01 pm,Mar 14,2023 BP 3/9/23 60 1 ❑ 1 1 D 1 1 Chief Financial Officer Total Capital Outlay $ Revenue/Donations Approved Joe Borton 8.36 am 3/15/2023 Fund# Dept.# G/L# Proj.# G/L#Description Total Co ,zc,1L[aison / — 60 ❑ ❑ 1L% 60 ❑ 0 3-15-23 60 0 0 Mayor Total Revenue/Donations $ Total Amendment Request $ 367,700 City of Meridian FY2022 Budget Amendment Form S;tAdmin BUBO pslBusOpslBudgetRateslBudget Prep Rec_10 yearslBudget'231AmendmentMChemicaIs-Water-VTMChemical Budget Amendment-W-WW-3-7-23-CM SIMD23 4:48PM City of Meridian FY2023 Budget Amendment Form Total Amendment Cost-Lifetime Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Public Works Funding 2023 2024 2025 2026 2027 Title: FY23 Water&Wastewater Chemicals Personnel $ - $ - $ - S - $ lnct—es iot-for Sv b—itting lArdgr t Amend m enl_c: Operating $ 367,700 $ $ $ $ >•Department WIII send Amendment with Directors signature to Finance{Budget Analyst}for review Capital ] Finance well send Amendment to Council Liaison for signature Total $ $ 367,700 $ S S $ 7 Council tialsan will send signed Amendment to Mayor Total Estimated Project Cost: $ 367,700 y Mayor wl ll send signed Amendment to Finance{Budget Analyst] Evaluation Questions )-Finance Ieudset Analyst]will send approved copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. >Department Ml add copy of Amendment to council Agenda using Novus Agenda Manager 1. Describe what is being requested? The use of chemicals in both the Water and Wastewater utilities is critical to ensure protection of public health and the environment. Additional operational budget is needed for both departments to cover the anticipated expense of chemicals for the balance of the FY23 budget year. Due to chemical price increases and added chemical requirements it is clear that the FY23 budgets will not fully cover the chemical needs of the utilities. 2. Why was_this budget request not submitted during the current fiscal year budget cycle? II As budgets are developed over a year in advance,and chemical price increases are not necessarily known at that time,it can be difficult to estimate exact budgetary figures. Additionally,until Individual water treatment filters and wastewater process units are run for several years,the exact chemical requirements can be difficult to predict. 3. What is the explanation for not submltting this budget request during the next fiscal year budget cycle? The need for additional chemicals/chemical spending cannot be delayed. i 4.Describe the proposed method of funding? If funding is split between Funds(i.e..General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. r Enterprise Fund S.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? Yes 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. Yes-Procurement will need to supply change orders for chemical spending. 7.Does this Amendment include any needed E ui pment or Software that will utilize the Ci 's network? Yes or No &Is the amendment going to result in the disposal of an asset? Yes or No) 9.Any additional comments? Total Amendment Request $ 367,700 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide back up and appear before the City Council to justify budget amendments. Budget amendments are intendedfor emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. City of Meridian FY2022 B u dget A in enciment Form S:lAd min Bu&0pslBus0psOudgetRateslBudget Prep Rec 10 yearslBudget'231Am end mentslChemicals-Water-WWIChemicaI Budget Amendment-W-WW-3-7-23-CM Mayor Robert Simison E IDIAN*-� City Council Members Joe Borton Luke Cavener Public Works W U A H L Brad Hoaglun John Overton Department Jessica Perreault Liz Strader 000 TO: Mayor Robert Simison Members of the City Council FROM: Laurelei McVey, PW Director DATE: March 7, 2023 SUBJECT: FY23 BUDGET AMENDMENT FOR WATER AND WASTEWATER CHEMICALS. REQUESTED COUNCIL DATE: 3/21/2023 I. RECOMMENDED ACTION A. Move to: 1. Approve a Budget Amendment in the amount of $367,700 for water and wastewater chemicals. 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Backgroun The use of chemicals in both the water and wastewater utilities is critical to ensure protection of public health and the environment. Chlorine is an essential chemical in the drinking water system that is used for disinfection and is necessary for the operation of treatment filters that remove brown water. The wastewater utility uses a variety of chemicals to treat the wastewater to meet strict regulatory permit limits. Page I of 3 Supply chain issues and inflationary pressures have dramatically changed the chemical industry over the past several years. While the City still competitively bids these chemicals, in many cases prices have doubled over the past few years. Additionally, with continued growth (additional flow) and installation of additional treatment filters (water) and treatment processes to meet permit limits (wastewater), the overall volume of chemicals used has also increased. Fiscal Year Price Per Pound or Gallon Chlorine Ferric Polymer FY20 $1.69 $0.17 $1.17 FY21 - $0.18 - FY22 - $0.28 $1.91 FY23 $3.59 $0.42 $2.43 % Increase(FY20-FY23) 112% 147% 108% Water Chemical Budget/Use Fiscal Year Budget Actual Overage Needed FY20 $167,000 $204,313 $37,313 FY21 $199,350 $232,637 $33,287 FY22 $265,000 $332,639 $67,639 FY23 $272,960 $435,960 $163,000 (anticipated) (anticipated) FY24 $429,418 (planned) Wastewater Chemical Budget/Use Fiscal Year Budget Actual Overage Needed FY20 $523,000 $492,666 - FY21 $523,000 $539,997 $16,997 FY22 $530,000 $743,918 $213,918 FY23 $611,535 $816,235 $204,700 (anticipated) (anticipated) FY24 $852,388 (planned) B. Reason for Amendment Because budgets are developed over a year in advance, and chemical price increases are not necessarily known at that time,it can be difficult to estimate exact budgetary figures. Additionally, until individual water treatment filters and wastewater process units are run for several years,the exact chemical requirements can be difficult to predict. Page 2 of 3 C. Alternatives These chemicals are required to protect both public health and the environment as well as meeting regulatory requirements. Not using these chemicals is not a viable option. The Department intends to continue to work with chemical vendors to competitively rebid contracts where appropriate to ensure the City is receiving the best possible pricing. The Department also continuously works to ensure treatment processes are optimized to use chemicals as efficiently and judiciously as possible. IV. IMPACT The enterprise fund has sufficient funding to cover this overage. GL GL Name Overspend Amount 60-3430-52015 Water- Chemicals $163,000 60-3510-52015 Wastewater-Chemicals $204,700 $367,700 Approved for Council Agenda: 1 YI Date 3/7/23 Page 3 of 3 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Hearing for Proposed Summer 2023 Fee Schedule of the Meridian Parks and Recreation Department CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BORTON,CAVENER,HOAGLUN, OVERTON PERREAULT, STRADER A RESOLUTION ADOPTING NEW FEES OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice in the Meridian Press on March 12, 2023 and March 19, 2023, according to the requirements of Idaho Code section 63-1311A, on March 21, 2023 the City Council of the City of Meridian held a hearing on the adoption of proposed new fees of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council,by formal motion, did approve said proposed new fees of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That the 2023 Summer Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the fees adopted for the 2023 Summer Activity Guide shall remain in effect as to those classes until such classes are concluded, at which point the fees set forth in Exhibit A hereto shall supersede any and all fees for the enumerated services previously adopted. Section 3. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of Mar. 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this day of Mar. 2023. APPROVED: Robert Simison, Mayor ATTEST: Chris Johnson, City Clerk ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE I OF 4 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. on Tuesday, March 21, 2023, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding proposed new and amended fees as set forth below. Further information is available at the Parks &Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Proposed new or amended fees: EXHIBIT A 2023 Summer Activity Guide Class Fees: Semi-Private Swim Lessons $190.00 Private Swim Lessons $140.00 Individual Swim Pass $45.00 Family Swim Pass $160.00 Skyhawk Sport Camps $219.00 - $249.00 Motions Classes $12.00 - $50.00 Just Kids Multi Sport Camp $180.00 Real Dill Pickleball $50.00 Sport-Tastic Adventure $50.00 Youth Golf $80.00 Amazing Athletes $75.00 Little Pallet Art Classes $20.00 - $100.00 Introduction to Rock Climbing $225.00 Martial Arts for All Ages, Beginning& Intermed. /Advanc. $40.00 Kendo: Japanese Fencing $70.00 Lego Camps $70.00 - $85.00 Introduction to the sport of Fencing $120.00 Belly Dance $50.00 Disc Golf For Beginners $80.00 Bigfoot Cartooning &Anime Classes $18.00 - $165.00 CPR/AED $50.00 Outdoor Adventure Camp $135.00 - $225.00 Tiny Tots Tennis Lessons $31.5 - $63.00 Junior Tennis Lessons $31.5 - $63.00 Camp Mer-IDA-Moo $75.00 - $125.00 Young Rembrandt Art Classes $65.00 - $125.00 Yoga-All Levels $50.00 ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 2 OF 4 Yoga—Gentle Yoga $50.00 Yoga—Unlimited Yoga $70.00 Somatic Yoga& Gentle Stretch $50.00 Yin Yoga Workshop $15.00 Fermenting 101 $60.00 Jazzercise $69.00 Pickleball 101 $80.00 Line Dancing—Beginner $24.00 Line Dancing—Intermediate $24.00 Line Dancing- Improver $24.00 Line Dancing—Choose your dates option $57.00 Intermediate 2-step $20.00 - $50.00 Intro to Dance $20.00 - $50.00 West Coast Swing $20.00 - $50.00 Couples Social Dance- Optional Days $85.00 15 Day Reboot with Cherished Soul $129.00 Digital Photography $75.00 The Photographers Eye $75.00 Adult Day Trips $10.00 - $100.00 Flag Football $650.00 DATED this day of , 2023. Chris Johnson, CITY CLERK PUBLISH on March 12 and March 19. ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 3 OF 4 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 23-2377: A Resolution Adopting the Summer 2023 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 23-2377 BY THE CITY COUNCIL: BORTON,CAVENER,HOAGLUN, OVERTON PERREAULT, STRADER A RESOLUTION ADOPTING NEW FEES OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice in the Meridian Press on March 12, 2023 and March 19, 2023, according to the requirements of Idaho Code section 63-1311A, on March 21, 2023 the City Council of the City of Meridian held a hearing on the adoption of proposed new fees of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council,by formal motion, did approve said proposed new fees of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That the 2023 Summer Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the fees adopted for the 2023 Summer Activity Guide shall remain in effect as to those classes until such classes are concluded, at which point the fees set forth in Exhibit A hereto shall supersede any and all fees for the enumerated services previously adopted. Section 3. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 28th day of March 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 28th day of March 2023. APPROVED: Robert Simison, Mayor ATTEST: Chris Johnson, City Clerk ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE I OF 3 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. on Tuesday, March 21, 2023, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding proposed new and amended fees as set forth below. Further information is available at the Parks &Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Proposed new or amended fees: EXHIBIT A 2023 Summer Activity Guide Class Fees: Semi-Private Swim Lessons $190.00 Private Swim Lessons $140.00 Individual Swim Pass $45.00 Family Swim Pass $160.00 Skyhawk Sport Camps $219.00 - $249.00 Motions Classes $12.00 - $50.00 Just Kids Multi Sport Camp $180.00 Real Dill Pickleball $50.00 Sport-Tastic Adventure $50.00 Youth Golf $80.00 Amazing Athletes $75.00 Little Pallet Art Classes $20.00 - $100.00 Introduction to Rock Climbing $225.00 Martial Arts for All Ages, Beginning& Intermed. /Advanc. $40.00 Kendo: Japanese Fencing $70.00 Lego Camps $70.00 - $85.00 Introduction to the sport of Fencing $120.00 Belly Dance $50.00 Disc Golf For Beginners $80.00 Bigfoot Cartooning &Anime Classes $18.00 - $165.00 CPR/AED $50.00 Outdoor Adventure Camp $135.00 - $225.00 Tiny Tots Tennis Lessons $31.5 - $63.00 Junior Tennis Lessons $31.5 - $63.00 Camp Mer-IDA-Moo $75.00 - $125.00 Young Rembrandt Art Classes $65.00 - $125.00 Yoga-All Levels $50.00 ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 2 OF 3 Yoga—Gentle Yoga $50.00 Yoga—Unlimited Yoga $70.00 Somatic Yoga& Gentle Stretch $50.00 Yin Yoga Workshop $15.00 Fermenting 101 $60.00 Jazzercise $69.00 Pickleball 101 $80.00 Line Dancing—Beginner $24.00 Line Dancing—Intermediate $24.00 Line Dancing- Improver $24.00 Line Dancing—Choose your dates option $57.00 Intermediate 2-step $20.00 - $50.00 Intro to Dance $20.00 - $50.00 West Coast Swing $20.00 - $50.00 Couples Social Dance- Optional Days $85.00 15 Day Reboot with Cherished Soul $129.00 Digital Photography $75.00 The Photographers Eye $75.00 Adult Day Trips $10.00 - $100.00 Flag Football $650.00 DATED this 12th day of March, 2023. Chris Johnson, CITY CLERK PUBLISH on March 12 and March 19. ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 3 OF 3 E IDIAN;--- AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Counicl may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN - IN SHEET Date : March 28 , 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 is for this forum ) Name ( please print ) Brief Description of Discussion Topic E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 Changes to Agenda : None Item #11 : Rackham East Annexation and Rezone ( H -2022.0085) Application (s ) : Annexation & Rezone Size of property, existing zoning , and location : The Annexation sliver of property consists of 0 . 143 acres of land , currently zoned RUT as part of the overall Eagle View Landing project with a C-G zoning designation , located at 1032 S . Silverstone Way . The Rezone site consists of 3 . 938 acres of land from C-G to the R-40 zoning district for the multi -family portion of the project previously platted as Lots 18 - 19 , Block 1 of Rackham East Subdivision located at 1074 S . Silverstone Way . History : Annexation , CUP , PP ( H -2021 -0075) ; Development Agreement ( Instrument #2022-026383) Comprehensive Plan FLUM Designation : Mixed Use — Regional (MU - R) Summary of Request : A condition of approval of the Rackham East Subdivision /Eagle View Landing project required the Applicant to annex the out-parcel along the northern boundary of the site and rezone the western C - G zoned portion of the multifamily development to R40 within one ( 1 ) year of recordation of the Development Agreement . This application request is to initially ensure a clean - up of the zoning for these sites . Commission Recommendation : Approval at the March 2°d hearing Summary of Commission Public Hearing i . In favor: Jon Wardle , Brighton Corporation ; ii . In opposition : Michael Blowers iii . Commenting : Jon Wardle iv . Written testimony : None v . Key Issue(s) : Traffic concerns with the overall development impacting the adjacent existing residents . Key Issue (s ) of Discussion by Commission : None Commission Change (s ) to Staff Recommendation : None Outstanding Issue(s ) for City Council : None Written Testimony since Commission Hearing : Lyman Holyoak — Increased traffic and noise concerns , installing solid fencing to mitigate the noise , and employees of the businesses making noise in their vehicles after their night shifts . Notes : Possible Motions . Approval After considering all staff, applicant and public testimony , I move to approve File Number H-2022-0085 , as presented in the staff report for the hearing date of March 28 , 2023 : (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony , I move to deny File Number H -2022-0085 , as presented during the hearing on March 28 , 2023 , for the following reasons : (You should state specific reasons for denial) Continuance I move to continue File Number H -2022-0085 to the hearing date of March 28 , 2023 for the following reason (s) : (You should state specific reason (s) for continuance.) item # 12 , Newkirk Neighborhood ( H -2022-0088) Application (s ) : Annexation & Preliminary Plat Size of property, existing zoning , and location : This site consists of 21 . 06 acres of land , zoned RUT in Ada County , located at 4250 W . Franklin Rd . Comprehensive Plan FLUM Designation : MHDR in the TMISAP - These areas should have a mix of housing types that achieve an overall average target density of 12 dwelling units per acre with densities ranging from 8. 15 units per acre . TMISAP also includes other design elements to guide development. Summary of Request : The applicant is requesting annexation of 23 . 67 acres of land with a TWR (Traditional Neighborhood Residential) zoning district; and a Preliminary Plat consisting of 63 building lots and 8 common lots on 21 . 06 acres of land . The proposed development incorporates 44 single-family attached homes with front-loaded garages , 18 alley- loaded townhouses and 216 multi -family apartments at an overall gross density of 13 . 2 units per acre consistent with the density in the Plan . The existing home and outbuildings will be removed with development. The proposed single-family lots range in size from 2 , 090 to 4 , 257 s . f, with an average lot size of 2 , 790 sf. The multi-family lot is approximately 10 .44 acres . The subdivision is proposed to develop in two (2) phases . The single-family residential portion is proposed to develop with the first phase ; the multi-family development — the second phase . Access : Access is proposed via the extension of N , San Marco Way at the southeast corner of the subdivision and will be stubbed at the west boundary . This property and 4 properties to the south take access from Zimmerman Ln . , ACHD is not requiring Zimmerman Ln . to be dedicated and improved as a local public street . This will continue to serve as access for the other County properties and the applicant wishes to continue working with those neighbors to deed this property to them . The three (3) stub streets ( i . e . E . Chair Lift St . ) W. Atomic St. and W . Ski Hill St. ) in Ascent Subdivision are required to be extended with development per ACHD . The applicant has provided a revised exhibit that demonstrates the extension of W . Ski Hill Street and is proposing the Council approve the annexation request and preliminary plat without the property encumbered by Zimmerman Lane to allow the applicant time to deed the property to 2 of the affected property owners . A street is planned to stub at the south boundary of the subject property from Alamar Subdivision near the southwest corner of this site . Per the recorded development agreement for the Alamar project, both property owners were to coordinate on the alignment of this street to ensure they align to minimize access points to the future collector street, San Marco . The location of this stub street is not approved and ACHD has required the applicant shift the road to the east and extend this street approved with the Alamar Subdivision . Common Driveway : One common driveway is proposed at the northwest corner of the site . A total of 4 dwelling units are proposed on the north side of the driveway and requires the applicant to apply for alternative compliance with the final plat. Common Open Space : A minimum of 15% qualified open space is required to be provided for the entire development when developed as an integrated development. The open space exhibit depicts 35 . 4% (or 3 . 55 acres) of common open space consisting of three (3) large common areas over 5 , 000 square feet (s . f. ) at 41 , 652 and 9 , 239 s .f. and a large area at the south end of the site west of the collector; 8400t wide landscaped parkways along the townhome lots ; and landscaped linear open space with phase 1 and phase 2 will include approximately 24% (2 .40 acres) open space for the multi-family portion . Site Amenities : Phase 1 — play structure , swings , seating benches , climbing rocks and dome , large grassy play area , and covered picnic area; MF — clubhouse , fitness center, enclosed bike storage , dog park , pool , walking trails , picnic area, bike repair station , outdoor seating , and public art. Both qualifying open space and amenities exceed UDC standards . Waterways : The Kennedy Lateral crosses the northeast corner of this site within a parcel of land owned by the irrigation district . This parcel bisects the subject property into two (2) parcels and will remain open . The Applicant is working with the irrigation district to try to deed the small "triangle" area on the north side of the lateral . Building Elevations : Conceptual building elevations were submitted for the proposed structures within the development , Two ( 2) elevations were submitted for the 2-story attached units and the 2-story townhome units ; building materials consist of a mix of board & batten siding , soffit board siding , cottage lap siding and shake siding . Two ( 2) elevations and perspectives were submitted for the 3- story multi-family apartment buildings ; building materials consist of mix of board & batten siding and horizontal lap siding with fiber cement panel accents , An elevation was submitted for the clubhouse ; building materials consist of a mix of board & batten siding and horizontal lap siding with stone veneer accents . The proposed elevations should be revised to incorporate any applicable traditional neighborhood design elements as set forth by TMISAP and the Architectural Standards Manual (ASM) . Commission Recommendation : Approval at the March 2nd hearing Summary of Commission Public Hearing : i . In favor: Hethe Clark (Applicant' s Representative) ii . In opposition : iii . Commenting : iv . Written testimony : None v . Key Issue (s) : None Key Issue (s ) of Discussion by Commission : i . Incorporating more alley-loaded townhome lots in the development; ii . Architectural design standards in the TMISAP , specifically as it related to front porches, individual garage doors , and stepping the garages back 20 feet from the primary facade ; iii . Design elements of the Plan versus the TN - R standards ; iv. Extension of Zimmerman Lane . Commission Change (s ) to Staff Recommendation : i . Commission modified DA provision is to specify that the single-family attached and townhome structures did not need to comply with some of the design elements in the TMISAP . ii . Various DA provisions and conditions of approval were modified to account for ACHD ' s determination for the extension of the surrounding stub streets to this property . Outstanding Issue (s) for City Council : i . Removing the 50 -foot sliver of property, known as Zimmerman Lane , from the boundary of the annexation and preliminary plat to allow the applicant time to potentially deed this property to the adjacent County residences to own/maintain . The applicant is proposing the Council add the following DA provision should you choose to support the applicant' s request: "PerACHD direction, Zimmerman Lane will not be dedicated as public right-of-way, with the exception of two stub locations at Atomic St. and Chair Lift St. Dedicate such stub locations to ACHD in configurations required by ACHD prior to signature on the first final plat. The remainder of Zimmerman Lane will remain a private access. Because Zimmerman Lane will remain a private access, modify the annexation and preliminary plat boundaries to remove Zimmerman Lane to facilitate possible future conveyance of the remainder of Zimmerman Lane to property owners benefitted by this access easement who remain outside city limits. " Written Testimony since Commission Hearing : None Notes : Possible Motions : Approval After considering all staff, applicant and public testimony , I move to approve File Number H -2022-0088 , as presented in the staff report for the hearing date of March 28 , 2023 : (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H -2022-0088 , as presented during the hearing on March 28 , 2023 , for the following reasons : (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0088 to the hearing date of March 28 , 2023 for the following reason (s) : (You should state specific reason (s) for continuance.) i City Council Meeting March 28, 2023 Item #11: Zoning MapFuture Land Use Map Annexation & Rezone-Rackham East Annexation & Rezone Exhibit Maps Item #12: Newkirk Neighborhood AERIAL MAPZONING MAPFUTURE LAND USE MAP Annexation and Preliminary Plat– TMISAP MHDR Design Concepts and TNR Zoning Standards- Annexation Boundary AZ and plat boundarybe removed from the The area requested to Common Driveway Exhibit Preliminary Plat Zimmerman Lane Property Allocation Common ExhibitOpen Space Site Amenities Pedestrian Connectivity Conceptual Building Elevations w IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Rackham East Annexation and Rezone (H-2022-0085) by Brighton Development, Inc., Annexation located at 1032 S. Silverstone Way, south of Interstate 84, northeast of Overland Rd. and Eagle Rd. and Rezone located at 1074 S. Silverstone Way, south of Interstate 84, northeast of Overland Rd. and Eagle. Rd. Application Materials: https://bit.ly/H-2022-0085 A. Request: Annexation of a sliver of property currently zoned RUT in Ada County as part of the overall Eagle View Landing project on 0.143 acres of land with a C-G zoning designation. B. Request: Rezone of 3.938 acres of land from the C-G zoning district to the R-40 zoning district for the multi-family portion of the project previously platted as Lots 18-19, Block 1 of Rackham East Subdivision. PUBLIC HEARING SIGN IN SHEET DATE : March 28, 2023 ITEM # ON AGENDA : 11 PROJECT NAME : Rackham East Annexation and Rezone ( W2022 = 0085 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name Z '166�Y 2 zf�� S W CxL74�(M any 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING March 28,2023 legend DATE: Project Location TO: Mayor&City Council � tl FROM: Stacy Hersh,Associate Plannerg,3mamaa, 208-884-5533 SUBJECT: H-2022-0085 , Rackham East Annexation and Rezone -----� LOCATION: The Annexation site is located at 1032 S. Silverstone Way, south of I-84,north of _ E. Overland Rd. and east of S. Eagle Rd., in Section 16,Township 3N,Range 1E. The Rezone site is located at 1074 S. Silverstone Way, South of I-84,North of E. Overland Rd. and S. Eagle Rd.,in Section 16, Township 3N,Range 1 E. L PROJECT DESCRIPTION Annexation(AZ)of a sliver of property currently zoned RUT in Ada County as part of the overall Eagle View Landing project on 0.143 acres of land with a C-G zoning designation; and a request to rezone 3.938 acres of land from the C-G zoning district to the R-40 zoning district for the multi- family portion of the project previously platted as Lots 18 -19,Block 1 of Rackham Subdivision. A. Project Summary Description Details Page Acreage 0.143-acres(AZ);3.938(RZ) Existing/Proposed Zoning RUT in Ada County and C-G(existing)/R-40(proposed) Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use(s) Commercial(mixed use)and multi-family apartments Proposed Land Use(s) Commercial(mixed use)and multi-family apartments Lots(#and type;bldg./common) 2 buildable lots(1 multi-family& 1 commercial)/0 common lots Phasing Plan(#of phases) N/A Number of Residential Units(type N/A of units) Physical Features(waterways, The Ridenbaugh Canal runs along the east boundary of the hazards,flood plain,hillside) site. Neighborhood meeting date;#of 10/12/2022—0 attendees attendees: History(previous approvals) Rackham East/Eagle View Apartments AZ,CUP,PP H- 2021-0075,Development Agreement(2022-026383);CZC Pagel Description Details Page Eagle View Landing Apartments(A-2022-0047);Power Engineer's Office Building(Building 5)(A-2022-0059); Rackham East(PBA-2022-0009) B. Community Metrics Description Details P Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action No es/no Access One access is proposed via S.Rolling Hill Dr. from E. Overland (Arterial/Collectors/State Rd.to the south,and two driveways will provide access from the Hwy/Local)(Existing and commercial development to the west via S. Silverstone Way from Proposed) E. Overland Rd. (a signalized intersection exists at Silverstone/Overland) Traffic Level Of Service All road segments are projected to meet ACi acceptable level of service(LOS)thresholds for a 5-lanes principal arterial road under all conditions,except for during the PM peak hour for the segment of Overland Road between Eagle Road and Silverstone Way and Rolling Hill Drive under the 2023 total traffic conditions. Stub Two(2)driveways will be extended into the site from the west Street/Interconnectivity/Cro boundary. S.Rolling Hill Dr.will stub at the southern boundary of ss Access the site. Existing Road Network S.Rolling Hill Dr.,a local street,extends from the south from Overland Rd.to the north boundary of the site. Existing Arterial Sidewalks There are no existing arterial streets on or abutting this site. /Buffers Proposed Road Capital Improvements Plan(Cli Integrated Five Year Work Plan(IFYWP): Improvements The intersection of Overland Road and Eagle Road is scheduled in the CIF to be widened to Ii 7-lanes on the north and south legs, and 8-lanes on the east and west legs, and reconstructedfsignalized in the future.The design year is listed as 2025 in the I FYWP antl the is listed tote improved between 2031 and 2035, • Overland Road is listed in the CIP to be widened to 7-lanes from Eagle Road to Cloverdale Road between 2036 and 204C and is listed as unfunded. The intersection of Cloverdale Road and Overland Road is listed in the CIP to be widened to 7-lanes on the north and south legs and 8 lanes on the east and west legs and signalized between 2026 ani Wastewater • Project Consistent with WW Master • Flow is committed Plan/Facility Plan Water • Water Quality Concerns See application • Project Consistent with Project is consistent with the Master Plan Water Master Plan If a well is located on the site it must be abandoned per regulatory requirements and proof of abandonment must be provided to the City.A well can be used as a year-round source or as backup to the PIRR system.In which case it does not need to be abandoned. Note that the existing wells)must be disconnected from any buildings that remain with verification of disconnect by Meridian Public Works Department. Page 2 Description Details Pg C. Project Area Maps Future Land Use Map Aerial Map 0 t Location Legend . �. Ja Project Location � a ResCrJd� dAl a n - • Civic Zoning i Planned Development i Legend I —FL M11-1 Legend Project Location Project Location NKL-IN IN City Limits .. >.; • L-0- L-0 Planned Parcels RUT • ■■ RUT84 PT G"7 R�95 ■��—���� OVERLAND�1 ������ �i�OV�RL=A`N`D���i1 �i LR- - :::::::: A. Applicant: Brighton Development, Inc.—2929 W.Navigator Dr., Ste. 400,Meridian, ID 83642 B. BVA Eagle94 Snake River Parkway, Ste. 300, 83402 a•_ C. Representative: Josh Beach,Brighton Development,Inc.—2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 II. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 1/18/2023 3/2/2023 newspaper Notification mailed to property owners within 500 feet 1/12/2023 3/10/2023 Applicant posted public hearing 2/14/2023 3/15/2023 notice on site Nextdoor posting 1/13/2023 III. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Mixed Use—Regional(MU-R). The purpose of the MU-R designation is to provide a mix of employment,retail,and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together,including residential,and to avoid predominantly single-use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D (pg. 3-17). The Applicant is currently developing the site with office(and possibly some secondary retail uses) and multi-family residential uses. The site is located near S. Eagle Rd. and E. Overland Rd.,a major arterial intersection, and the Eagle Rd./I-84 interchange. The offices provide nearby employment opportunities and services for residents in the vicinity. Other commercial uses (offices, entertainment, multi-tenant retail,hotel, etc.) exist to the west in the larger MU-R designated area for a larger mix of uses as desired in MU-R designated areas. Pedestrian walkways are proposed for interconnectivity within the overall area. Annexation and Rezone: The proposed annexation is for a sliver of property on 0.143-acres of land with a C-G(General Retail and Service Commercial)zoning designation. The out parcel along the northern boundary of the site was owned by a third party and not part of the Development Agreement(#2022-026383). During the Public Hearing process for this development,the Applicant placed the out parcel under contract; the property has now been acquired and included in the overall Eagle View Landing project. City Staff requested that the Applicant request R-40 zoning for the multi-family portion of the development to more accurately reflect the uses developed on this site when looking at the City's zoning map. Ultimately,the project was approved with a C-G zoning designation for the multi-family portion of the development. Both the office buildings and multi-family development are currently under construction at this time and were approved with Certificate of Zoning Compliance and Design Review Applications (A-2022-0047,A-2022-0059,A-2022-0118). A condition of approval of the Rackham East Subdivision/Eagle View Landing project required the Applicant to annex the out- parcel along the northern boundary of the site and rezone the western C-G zoned portion of the Page 4 multifamily development to R-40 within one(1)year of recordation of the Development Agreement. This application request is to initially ensure a clean-up of the zoning for these sites. The City may require a development agreement(DA)in conjunction with annexation and rezone pursuant to Idaho Code section 67-6511A.Because there is already an existing DA in effect for this property and the proposed development is in compliance with the DA, Staff does not recommend a new DA or changes to the DA with this application. IV. DECISION A. Staff: Staff recommends approval of the requested annexation and rezone with the provisions noted in Section VI,per the Findings in Section VII. B. The Meridian Planning&Zoning Commission heard these items on March 2, 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: Jon Wardle,Brighton Corporation; b. In opposition: Michael Blowers C. Commenting: Jon Wardle; d. Written testimony: None e. Staff presenting gpplication: Stacy Hersh,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s) testimony a. Traffic concerns with the overall development impacting the ad existing residents. 3. Key issue(s)of discussion by Commission. a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstandingissue(s)ssue(s) for City Council: a. None Page 5 V. EXHIBITS A. Annexation Legal Description& Exhibit Map km E N G I N E E R 1 14 q December 15,2022 Project No.:20-219 Exhiblt A Legal Description for Annexation Eagle Thew Landing A parcel of land being a portion of the Northwest 1/4 of the Southeast 1/4 of Section 16,Township 3 North,Range 1 East,9_A4.,Ada County,Idaho being more partiCUlarlydescribed as follows: CDmmendng at an aluminum cap marking the Center 1/4 comer of said Section 16,which bears NDO'05'15"W a distance of 2,653,59 feet from a brass cap marking the South 114 corner of said Section 16,thence following the westerly line of said Northwest 1/4 of the Southeast 1/4,500°05'15"E a distance of 227.22 feet to a 5/$-inch rebar on the Southerly right-of-way line of Interstate 84; Thence leaving said westerly line and to flowing said southerly right-of-way line,S89°34'32"Ea distanoe of 672.76 feet to the PRINT OF BEGINNING. Thence foI lowing said southerly right-of-way,589'34'32"E a dista nce of 482.59 feet to the centerline of the Ride nbaugh Canal and the boundary of Ironwood Subdivision No.3(Book 77 of Plats at Page K9$, recordsof Ada[ounty,Idaho) Thence fo I lowing said centerline and said boundary,S12'52'54 W a distanceof 17.45feet; Thence Leaving said centerline and said boundary,NWIS'23"Ill+a distance of 478.72 feet to the Northeast corner of Lot 16,81ock 1 of Rolling hill Subdivision(Book 1$of PIat5 at page 1202,records of Ada County,IdahoM; Thence NOT00'07"+N a distance of 24.37 feet to the POINT OF BEGINNING. Said parcel contains a total of 7,551 square feet,more or Jess. Attached hereto is Exhibit B and Icy this reference is made a part hereof. ,,12459, 5725 Horth Discovery Way•Boise,Idaho B37L3•248,Q39.5939 km6ngllp.com Page 6 POINT OF COMMENCEMrNT FOUND ALUMINUM CAP CENTER 1/4 C13RHER SECTION 18 WV05'15'E 2P7•22' ME) Interstate 84 599'34'32'^F POINT OF E3VA Eagle View Office No.5,LLC 672.76' (TIE) nmINNING Portion ofApN R7555000165 R SBV54'32"E 4-82,59' J c�O7n I NEW 15'231V 47B.72' z'i i Unplatted Lo N Annexation Area.7,551±5F „e) M o Unplarted Centerlineo(the cn n Rldenbaugh Canal y Rolling Hill i Subdlvlslon LINE TABLE UWE BEARirv6 bi$TANCE o 0 S12'52'54"W 17AS } L.2 N0900'07"rr 14,37 I E. Overland Rd. FOUND BRASS CAP SOLFrH 1/4 CORNER SECTION 16 a 113( 200 300 � PIar1 Scale:1"=1iJ4' Legend FOUND ALUMINUM CAP tauND BRASS CAP FOUND 5/8—INCH REBAR 0 CALCULATED POINT ANNEXATION BOUNDARY LINE ADJACENT LOT LINE SECCIGN LINE a E N G I N E E R I N G R/Yf RIµ RIGHT—dF—WAY LINE 5775 r4ouKEN5COYERY WAY EOISE,EMHO SM3 IMdNE 12uel M9m" Exhibit B-Annexation Eagle View Landing GATE: b--.Lcr Salt PPl]JE11: #R279 M SHEET' A Portion of the NW 1/4 of the SE 1/4 of Section 16 1 OF 1 T311N., R1E., B.M.,Ada County, Idaho Page 7 B. Rezone Legal Description& Exhibit Map km E N a I H E E R I H G Novem ber 8.202Z Project No.2b219 Exhibit A Legal Description for Rezone to R40 Rackham Subdivision A parcel of land being lots 18 and 19,Block 1 of Rackham Subdlwisian(Book 120 of Plats at Page 18,582- 18,588,recards of Ada County,Idaho)situated in a portion of the Northeast 1/4 of the Southwest 1/4 of Section 16,Township 3 North,Range 1 East.B.M.,Ada County,Idaho being more particularly described as fallowa: Commencing at an aluminum cap marking the Center 1/4 corner of said Section 16,which bears NOa'05'15"'W a di stance of2,653.59 feet from a brass cap marking the South 1/4 corner of said Section 15,tfrenee following the easterly line of said Northeast 1/4 of the Southwest 1/4,S00'9515"E a distance of 650.45 feet to a 5/8-inch rebaron the easterly subdivision boundary of Rackham 5ubdiuisionand heing the POINT OF BEGINNING. Thence following said easterly line,500'U575"E a distance of 676.15 Beet to an aluminum cap marking the Center-South 1/16 corner of said Section 16 and heine on the southerly line of Said Northeast 1/4 of the Southwest 1/4 of Bald Section 16� Thence leaving said easterly line and following said southerly]iner N89°1X11"W a distance of 27$_91 feet to a 5/8-inch re bar on the westerly fine of Lot 18 of Rackham Subdlvfslon; Thence leaving said southerly line and following said westerly line,N00'45'10"E a distance of 574.11 feet to a 5/8-fnCh rebar on the northerly line of Lots 18 and 19,Block 1 of Rackham Subdivision; Thence leaving said westerly line and following said northerly Ilne,NWS759"E a distance of 287.72 feet to the POINT OF BEGirYNING. Said parcel of land contains a total of 3.938 acres,more or less.Said parcel of land is now a portion of Parcel"C'as shown on Record of Survey No_13491,records of Ada County,Idaho_ Attached hereto is Exhibit B and by this reference is made a part hereof. LL ii � i459 o 5725 North Discavery Way.Rol se,Idaho 91713+ma.639_6939=kmenglIP_cam Page 8 i POINT OF COMMENCENENT ,--FIIUND ALUMINUM CAP CENTER 1f4 CORNER bEC110N 16 to d v� E¢ I R o Parcel"B" b I RDS No.13491 POINT OF BEGCNHING In � 10 a Ik o n Proposed I .4 Zoning;R-40 Ln O Parcel o Parcel"C' v R7319431995 b ROSNo-134g1 O d} .r o CENTER-SOUTH 1/16 CORNER SECTION 18 FOUND ALUMINUM CAP 278.91' N89'14'1 1"W � Ralling HIII J. 21 4 hdivl5 ipn Suhdiulslan FOUND ERASS CAP SOUTH 1f4 CORNER SECTION 16 m 0 zoo 40D 60D P Plan Scale: "=200' E N G I N e R I H G 5725HQmb p5[WPWWAV b0EE,1DAH6 99713 PHONE(000f M-6 9 Exhibit 6-Aezone to R-40 `WIF,— Rackham Subdivision DUL N—W.,2422 PF[yB[r, ]D719 SKEET: Lots 18 and 19,Block 1 of Rackham Subdivision situated in the 1 OF 2 NE 1f4 ofthe 5W 1/4 of Sec. 16,T3N.,R1E.,B.M.,Ada County,Idaho Page 9 1 � � t 1 p� - �_ � tier ,. 5i•. o _y k --------------- Page 10 VI. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Development of the subject property shall be generally consistent with the preliminary plat, landscape plan,phasing plan, conceptual development plan,pedestrian circulation plan, and conceptual building elevations submitted with the recorded Development Agreement(2022- 026383) and the Certificate of Zoning Compliance and Design Review(A-2022-0047; A- 2022-0059; A-2022-0118; PBA-2022-0009). B. PUBLIC WORKS 1. Site Specific Conditions of Approval 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. Page 11 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 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public—works.aspx?id=272. Page 12 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 No comments at this time. D. POLICE DEPARTMENT No comments at this time. E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=285788&dbid=0&r0o=MeridianC i &cr--1 F. ADA COUNTY DEVELOPMENT https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=285790&dbid=0&r0o=MeridianC iv G. ADA COUNTY HIGHWAY DISTRICT(ACHD) No comments at this time. VIL FINDINGS A. Annexation and 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; Staff finds the proposed zoning map amendment to C-G and R-40 is consistent with the Comprehensive Plan and the MU-R FL UM designation. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds the proposed map amendment will allow for the development of a mix of office and multi family residential uses which will assist in providing for the service needs of area Page 13 residents 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; Staff 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 Staff 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. Staff finds the proposed annexation and rezone is in the best interest of the City, if the property develops consistent with the recorded development agreement noted in section VI.A. above. Page 14 v IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Newkirk Neighborhood (H-2022-0088) by Conger Group, located at 4250 W. Franklin Rd. Application Materials: https://bit.ly/H-2022-0088 A. Request: Annexation of 23.67 acres of land with a TN-R (Traditional Neighborhood Residential) zoning district. B. Request: Preliminary Plat consisting of 63 building lots and 8 common/other lots on 21.11 acres of land in the TN-R zoning district. PUBLIC HEARING SIGN IN SHEET DATE : March 28, 2023 ITEM # ON AGENDA : 12 PROJECT NAME : Newkirk Neighborhood ( W2022 - 0088 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name AJO 1 � l Zkc� � w - �nyC� MN/► 2 3 4 5 6 7 8 9 i 10 i I 11 12 13 14 STAFF REPORT E IDIAN�-- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING March 28,2023 Legend DATE: Project Location TO: Mayor&City Council FROM: Bill Parsons Current Planning Supervisor --- 208-884-5533 _ SUBJECT: Newkirk Neighborhood AZ, PP H-2022-0088 _ LOCATION: 4250 W.Franklin Rd.,in the SW 1/4 of Section 10,T.3N., R.1 W. (Parcel #51210346801) Bar] :._ I. PROJECT DESCRIPTION Annexation of 23.67 acres of land with a TN-R(Traditional Neighborhood Residential)zoning district; and Preliminary Plat consisting of 63 (44 single-family attached, 18 townhomes & 1 multi-family)building lots and 8 (5 landscape, 1 common driveway, 1 alley, 1 non-buildable)common lots on 21.06-acres of land in the TN-R district for Newkirk Neighborhood Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 21.06 acres(23.67 acres-annexation area) Future Land Use Designation Medium-High Density Residential(MHDR)in the Ten Mile Interchange Specific Area Plan(TMISAP) Existing Land Use Single-family rural residential(SFR) Proposed Land Use(s) SFR attached dwellings,townhouse dwellings&multi-family development Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning TN-R Lots(#and type;bldg/common) 63 building/8 common lots Phasing plan(#of phases) 2(SFR/townhomes—Phase 1;multi-family—Phase 2) Number of Residential Units(type 278(44 single-family attached, 18 townhomes&216 apartments) of units) Density(gross&net) 13.2 units/acre(gross) Open Space(acres,total [%]/ 7.21 acres(or 35%)qualified buffer/qualified) Pagel Amenities Single-family area:play structure,swings,(2)seating areas, (2)shade structures,climbing rocks and a climbing dome. Multi-family area: clubhouse,fitness center,enclosed bike storage,dog park with waste station,swimming pool,walking trails,picnic area,bike repair station,outdoor seating area. Physical Features(waterways, The Kennedy Lateral crosses the northeast corner of the site and the Purdam hazards,flood plain,hillside) Gulch Drain runs along the southwest corner of the site. Neighborhood meeting date 9/21/2022 History(previous approvals) None B. Community Metric Description Details Ada County Highway District No comments received • Staff report(yes/no) No • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State A collector street(San Marcos Way)is required to be extended from the east H /Local)(Existin and Proposed) boundary to the west boundary of the site per the Master Street Map. Proposed Road Improvements Fire Service • Distance to Fire Station 2.4 miles from Station#2 • Fire Response Time Falls just outside of the 5-minute response time goal • Resource Reliability 82%(above the targeted goal of 80%) • Accessibility This project meets all required access,road widths,and turnarounds as presented in the preliminary plat. The shared drives shall have an address sign at each entrance,the roadways,common driveways,and alleys shall be maintained 365 days a year for fire,EMS,and police responses. • Additional See Fire Staff Report in the link provided below under Section IX(C). Comments/Concerns Police Service • Distance to Fire Station 4 miles from Meridian Police Department • Fire Response Time Expected response time is 4:17 minutes;Average emergency response time is 3:46 minutes for City of Meridian • Accessibility If Applicable,any climate-controlled multi-family developments,the Meridian Police Department required police access into each building's entry point using a multi-technology keypad per UDC 11-4-3-27G. See Meridian Police Department Staff Report in the link provided below under Section IX D . West Ada School District Distance(elem,ms,hs) Capacity of Schools Page 2 #of Students Enrolled West Ada School District has experienced sustained growth in student enrollment during the last ten years.Based on current enrollment data specific to new development(within the last 5 years)in proximity to this proposed development,we estimate this development consisting of 216 apartments and 62 single-family homes could house approximately 79 school aged children.Approval of this application will affect enrollments at the following schools in West Ada School District based on attendance areas for the 2022-23 school year.For your information,included in this data is the number of approved lots and multi-family units approved by this and other agencies. Approved MF units Projected Approved lots per per attendance Students from Enrollment Capacity attendance area area Approved Dev. Chaparral Elementary 498 700 618 2650 170 Meridian Middle School 1057 1250 656 2947 265 Meridian High School 1758 2075 3560 3613 750 School of Choice Options Chief Joseph Elementary—Arts 525 700 N/A N/A Barbara Morgan STEM Academy 416 500 N/A N/A #of students estimated for this 79 development Wastewater • Wastewater Modeling -Additional 9500 gpd committed to model.WRRF decline balance is 14.57 MGD -Sewer and water running in parallel require 30-feet easement •Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls,fences,infiltration trenches,light poles,etc.)are built within the utility easement. •Ensure no sewer services pass through infiltration trenches. • Project Consistent with WW RP Master Plan/Facility Plan • Impacts/Concerns See Public Works Site Specific Conditions Water • Distance to Services • Pressure Zone • Estimated Project Water ERU's • Water Quality Concerns Each Phase will need to be modeled independently to verify adequate pressure. • Project Consistent with Water Yes Master Plan • Impacts/Concerns See Public Works' Site-Specific Conditions Page 3 1 1 milli �M,i�\I "�In11n�11 �♦ �■■■..111111111 IIIIIIIIi���.� \ ��1111■:►■111111111111111111�/II�'- • - • 'I y- /t t_ ■■ ■-;a1 Innnngapol i-nmm� -- 111... 1-, • 11111=_...._. ME all QIIIIIIIII■ r � Q U IIII=� �� • Y F.:ANKLIN"" F •ANKL-IN I �' - __ 1111111► `1i11i�11110111■IIII • IIIIII\Q .Q�1111111-- I\IIIII=-- -OIIIIIl1., �..11111=== 1111111111►; .. . � - III 11111 1 1 ' • 1 1 1 1 11111inn ///11•d� ��: �.■■/� IIII//111•d� ��: �.■■/� ,M�;�� �IIIIIINO .IIl w n tiolii Lf.�Ij�4i:::�iiiiiiiii iin�i����= '• -• '• - iii iiiiiini���- aa�_� •�- ■��i11�1■:►■1111111 IIII' Gil_� 111 11111111111 Gil_' `111��� �` ■■ �a1 Inn11in1 ml iinlnnlG .�a-' n11in1a1n11 iinlnnlG :uun ■-�i 11111=• �_m . X■Ji 3 s� i IIIIIIII ■�..IIIII'=,3=___�;.111111 II- a n_ C-C� ■1'-.IIIm : .1■1111 Illlllllllu11• uu1u111uuuuuul .■■■. IIIII■ i�—��— IIIIIIII�� �. ,ANKLINI•" l mlln►j�nnnnnnl111� l�U �•mlln►�rw.■nungll■mmm� =OIIIIIl1. ♦I�11111 OIIIIIl1. i.O11111=_ �IIIIIIIIII.I-.I�\11111=_ �1111111111. _.. ___=--i ►.IIII- � --__ -i •.IIII_== ■� C. Representative: Laren Bailey, Conger Group—4824 W. Fairview Avenue,Boise,ID 83706 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 1/18/2023 3/12/2023 Radius notification mailed to property owners within 500 feet 1/12/2023 3/10/2023 Public hearing notice sign posted 2/17/2023 03/17/2023 on site Nextdoor posting 1/13/2023 3/11/2023 V. COMPREHENSIVE PLAN ANALYSIS (This section and the one below have been updated in a strike-through and underline format that reflects the discussion at the public hearing and the Commission's recommendation on the subject application.) This property is designated Medium High-Density Residential(MHDR)on the Future Land Use Map (FLUM)and is located within the area governed by the Ten Mile Specific Area Plan(TMISAP). LANs USE: MHDR areas are locations recommended primarily for relatively dense multi-family housing types, such as row houses,townhouses, and condominium and apartment buildings and complexes. These areas should have a mix of housing types that achieve an overall average density target of 12 dwelling units per gross acre with densities ranging from 8-15 units per acre. MHDR areas typically are relatively compact areas within a larger neighborhood and generally should be located around and near more intensely developed areas, such as Mixed Use Commercial or Employment areas,in order to provide convenient access to these commercial activity and employment centers for the greatest number of residents.Apartment buildings are desired to be accessed via shared entrances and hallways. The proposed development incorporates a mix of single-family attached homes with(44) front-loaded garages, (18)alley-loaded townhouses and(216)multi-family apartments at an overall gross density of 13.2 units per acre consistent with the density desired in the MHDR FLUM designation in the TMISAP. The apartment buildings have enclosed shared accesses but not shared hallways. This property is in an area that's largely developed with and planned for medium high-density residential uses. Mixed Use—Commercial areas are in the development process approximately '/4 mile to the east and Employment areas are designated approximately'/2 mile to the west and south. The Ten Mile interchange is also within about 1.5 miles to the southeast of the site. TRANSPORTATION: ACHD's Master Street Map(MSM)depicts a new towncenter collector street across this property from the west to the east boundary connecting to N. San Marco Way. The Transportation System Map in the TMISAP lists the functional classification for this street as a collector street and the Street Section Map lists the design classification as a major collector street,which is intended to be constructed consistent with Street Section C as follows: Page 5 1d' 9 B' 6' 1 r l r fi' ' d' �av ne rave ne Bike Lane 24' Lane Cur�-n.cA distance This street is planned to eventually provide a connection from W. Franklin Rd.to the west past N. McDermott Rd.Local streets, an alley and a common driveway are proposed internally for access to the proposed residential units. DESIGN: All residential neighborhoods in the Ten Mile Interchange area should be developed in consideration of Traditional Neighborhood Design(TND)principals and concepts and the standards established by the City for the TN-R district. Future development should be consistent with the design elements in the TMISAP for the MHDR FLUM designation as determined by the Application of the Design Elements table(see pg. 3-49), as follows: (Staffs analysis of consistency with these elements is in italics) 3-33. Street-oriented Design: Useable porches should be a dominant element of residential buildings and should be located along at least 30%of the front fagade of the buildings—a higher percentage is recommended as is the location of porches on one or more side facades. When possible, garages should be loaded from a rear alleyway.Where garages must be accessed from the front,the garages must be located no less than 20' behind the primary fagade. Front-loaded 2-car garages that are visible from the primary street must be designed with two(2) separate garage doors. Out of the 62 single-family attached/townhome units, only 18 are alley-loaded,the other 44 are all front loaded with living area 20'behind the garages away from the street. None of the units have usable porches that meet the guideline, except for the multi family apartments.No porches are proposed on the side facades.All units have single 2-car garage doors, not separate doors. Covered entries to the units are proposed;however, these areas are not usable as a porch as they are barely wider than the doors[i.e. 1'4"wider on the attached units (8"on each side of the door) and 3'wider on the townhouse units(18"on each side of the door)]and are located to the side and rear of the garages—not on the front facade as desired.In order to meet the minimum guideline of 30%,minimum 7.5'wide porches would need to be provided for each attached unit, and 6.6'wide porches would need to be provided for each townhome unit—this would still not provide very "usable"porches as the entryway to the door takes up most of that space. Revisions to i e plans and elevations are neeessary to meet the shwet oriented design ePW14a Uk,*wsufting in wider lots WM a reduedon in the number of units4ots-. Staff reeommends more aHey loaded tojmhomes am provided as an aftetwadw to wider IoAqfor aftoehed units in orwer to meet the design erkeria and if of lose as many lots;A ihffeiwnfpFodWe4"e shoi&4 bepro+idedfo F-ront loaded2 eargarages that atw v&ibleffom thepfimaiystmet must be designed with i4vo(2) separate garage doors-. • 3-34.Buildings to Scale: Everything seen and experienced from the sidewalk—building fronts, lighting,open space—should be designed for human interaction at a pedestrian's perspective.Key elements to consider are the continuity of the building sizes,how the street-level and upper-level Page 6 architectural detailing is treated,elements that anchor and emphasize pedestrian scale,roof forms, rhythm of windows and doors, and general relationship of buildings to public spaces such as streets, plazas and other open space. Human-scale design is critical to the success of built places for pedestrians. Building entrances should be placed close to the street; ground floor windows, articulated facades, appropriately scaled lighting, awnings and other weather protection should be provided. Continuity of building sizes is proposed but with little variation inform and design of any of the structures. The street-level and upper-level architectural detailing offer few differences in the attached and townhome units;architectural detailing between the first two (2)stories on the multi family units are generally the same with a different siding material on the third story. Elements that anchor and emphasize pedestrian scale are windows, doors, weather protection/roofs over windows and doors, window pop-outs and recesses—the addition of masonry accents on the first floor facades would assist in emphasizing pedestrian scale and durability& quality of materials. Building entrances are not placed at the street on attached units as desired, they are located at the rear of the garages away from the street with garages facing the street. Building entrances for the townhomes face the street as desired because these units are alley-loaded. Buildings/living area are not oriented to open space areas or public spaces such as streets(except for the 18 townhome units) as desired. Revisions to the plans and elevations are necessary to meet this design criteria.More architectural variety and details should be provided to differentiate between the street-level and upper-level units.Lighting at a pedestrian-scale should be provided on the buildings facing the street and internal walkways. 3-36.Neighborhood Design: All residential neighborhoods in the Ten Mile interchange area should be developed in consideration of traditional neighborhood design principles and concepts,which pertain to mixed housing stock, architecture and design, streetscapes and streets.Front porches and garages accessed from an alley are usually the standard in residential areas;parking for homes is primarily located behind buildings. Streetscape design relates to the street itself and consists of landscaped parkways with trees between curbs and sidewalks, adjacent sidewalks and front yard spaces and provides public space for street trees, street furniture and view corridors. Other aspects of neighborhood design that contribute to a traditional streetscape are connected network of streets, alleys and sidewalks. Roadways and pedestrian ways are interconnected so that access for pedestrians, cyclists and automobile drivers is direct and convenient and allows traffic to be dispersed through a variety of streets and ways.Narrower streets designed with TND characteristics result in slower moving traffic and provide a safer,more pleasant pedestrian environment and encourages interaction among residents. A diversity of residential housing types is proposed for a variety of housing choices within the same neighborhood as desired.Although two(2) different "types"of architecture are proposed for each of the three(3) housing types, the form is the same and the trim details only vary slightly—only some of the materials and window placements are different—more variety should be provided. As previously noted, usable porches that meet the minimum guidelines are not provided for the single-family attached and townhome units as desired.Alley-accessed garages and parking are only provided for the 18 townhome units;the 44 single-family attached units are all accessed from the street with parking in front of the garages facing the street, which is not desired.Landscaped parkways are proposed as desired with view corridors but no street furniture is proposed except for a couple of benches along the southwest side of the collector street.A connected network of narrow streets, alleys and sidewalks is proposed as desired. ACHD is requiring traffic calming measures to be provided in the collector street to slow traffic. Page 7 tffle should be providedfor the agaehed units jvkh garages set baek of least 201behin provided-.Atom mriety between the buikUwg"es-, niate4als and arehiteeturalfeatimes shou also be proW&d-. • 3-37.Building Form& Character: Building Facades—Buildings should be designed so that their primary facades relate to active public spaces and pedestrian areas. The primary facade of a structure is that frontage of the building that has been designed and detailed so as to represent the building's most important elevations. The primary facade should always include an entry into the building. Entries should be located so as to provide direct access from adjacent public spaces,primary streets and activity areas.Access from walkways should be uninterrupted by vehicular traffic.Buildings should be located so as to help frame adjacent public spaces and to provide an architectural backdrop for associated passive and active activities. The space between a building facade and the adjacent walkway should be appropriately landscaped with a combination of lawns,groundcover, shrubs and trees. The townhomes are designed so that their primary facades face the street with direct pedestrian access from primary streets; access from walkways is uninterrupted by vehicular traffic as garages are accessed from alleys. The single-family attached structures, which make up 71% of the single- family and townhome units, are not designed so that their primary facade relates to active pedestrian areas or public spaces—the garages face the street;the entry is at the living area 20' behind the garages. Building entries do not have direct pedestrian access from the street because garages are in front of the living area facing the street,access from walkways is interrupted by vehicle traffic because all of the units have front-loaded garages and driveways. The multi family units have direct pedestrian access that is uninterrupted by traffic because walkways are proposed up next to the buildings. None of the units, including multi family units,frame open space areas; only the townhome units frame the streets as desired.Landscaping is not depicted on the plan in the space between building facades and adjacent walkways as desired Revisionsto eplans and elevations am neeessary to meet this design e4teri,%A dif-ftientppo tffle should beprovidedfor the aftaehed units jvkh garages set baek as least 20'behin The space between the building fafade and adjacent walkway should be appropriately landscaped with a combination of lawns, groundcover,shrubs and trees;a landscape plan should be submitted that demonstrates compliance with this guideline. Building Heights: Low-rise buildings of 2-4 stories over much of the area is recommended. Two-story single-family attached and townhome structures and 3-story multi family structures are proposed in accord with this guideline. • Pitched Roofs: A mix of flat and pitched roofs are anticipated in the Ten Mile area based on a wide variety of individual buildings. Pitched roofs should be,where possible, symmetrical hips or gables, with a pitch between 4:12 and 12:12 with an overhang of at least 12 inches and a maximum of 2.5'. Roof brackets and rafter tail treatments are encouraged. All of the roof pitches proposed fall within the desired pitch range. Corbels are depicted on all of the concept elevations;rafter tail treatments are encouraged as well as other design elements as noted in the ASM. Page 8 • 3-47.Public Art: Public art should be incorporated into the design of streetscapes,public buildings, parks,transit, infrastructure, and other public projects in the Ten Mile area. Public art should be meaningful and encourage the free flow of ideas and cultural ideologies. Public art should be integrated into either the architectural design or the design of plazas and public spaces associated with a building and should be easily visible to the public (e.g. visible from the street or publicly accessible open spaces rather than interior courtyards). Public art is not proposed but should be provided in accord with this guideline.Details should be submitted prior to the City Council hearing on what type of public art is proposed and the location of such. The provision ofpublic art would also qualify as another amenity(1 point). Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed single-family attached dwellings, townhouse dwellings and multi family apartments will contribute to the variety of housing types available within the City. • "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. • "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City."(2.01.01 G) This area contains a variety of housing types, including single-family attached and detached homes, townhomes and apartments, which contributes to the diversity in housing types available within the City. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The western portion of the site proposed to develop with single-family attached and townhouse dwellings should be compatible with adjacent like uses to the west and south; the eastern portion of the site proposed to develop with multi family apartments should be compatible with adjacent townhouse and multi family apartments to the east. The railroad tracks and associated right-of-way provides a 200 foot separation between single-family detached homes and the proposed development. The street buffer and associated landscaping along the proposed collector street(N. San Marco Way)will assist in buffering the single-family attached and detached homes and townhomes to the south. The proposed density should be compatible with adjacent existing and future development in the MHDR designated area. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed residential uses and site design should be generally compatible with adjacent residential uses and developments. • "Support infill development that does not negatively impact the abutting, existing development. Infill projects in downtown should develop at higher densities, irrespective of existing development."(2.02.02C) Page 9 The proposed infill development shouldn't negatively impact adjacent existing properties as similar uses and densities exist and/or are planned in this area. • "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 with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) There are no multi-use pathways designated on the Pathways Master Plan for this site, nor are any pathways stubbed to this property other than sidewalks along public streets. The sidewalks along streets will promote pedestrian connectivity with adjacent neighborhoods. • "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 required to be provided with development of the subdivision. • "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, the septic system for the existing home is required to be removed with development. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize public services. VI. STAFF ANALYSI A. ANEXATION(AZ) The Applicant proposes to annex 23.67 acres of land with a TN-R(Traditional Neighborhood Residential)zoning district which is listed in the Zoning District Compatibility Matrix in the TMISAP as one of the best choices for zoning in the MHDR designation. A preliminary plat and conceptual building elevations were submitted, included in Section VIII, showing how the property is proposed to be subdivided into 63 building lots and 8 common lots for the development of 44 single-family attached dwellings, 18 townhome dwellings &216 apartments for a total of 278 new residential units. The proposed residential use,mix of housing types and density of the development is consistent with the MHDR FLUM designation; however,the proposed architectural design,especially for the attached units,does not comply with the TND guidelines in the TMISAP, as discussed above.Development in this area should conform to these guidelines in order to be deemed consistent with the Plan and in the best interest of the City for annexation. Staff r-eeommends revisions to the plans as noted above in Seetion V prior-to Commission aetion on this appliention. This property,along with two (2) 1-acre properties to the south, are enclaves surrounded by existing and future residential uses—single-family residential detached homes exist to the north(Chesterfield), townhome dwellings are in the development process to the south(Ascent),townhome-style multi-family Page 10 dwellings exists to the east(Entrada Farms), single-family attached and detached homes are in the development process to the south(Alamar); and single-family attached homes are anticipated to develop on the property to the west(Aviator). A legal description and exhibit map for the boundary of the property proposed to be annexed is included in Section VIII.A. This property is within the City's Area of City Impact boundary and within the area governed by the Ten Mile Interchange Specific Area Plan(TMISAP), as discussed above in Section V. 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. B. PRELIMINARY PLAT(PP): A preliminary plat is proposed consisting of 63 [44 single-family attached, 18 townhomes&one(1) multi-family lot for 216 apartment units] building lots and eight(8) [five (5)landscape, one(1) common driveway, one (1)alley and one(1)non-buildable)common lots on 21.06-acres of land in the TN-R district. Proposed lots range in size from 2,090 to 4,257 square feet(s.f.)with an average lot size of 2,790 sf. The subdivision is proposed to develop in two(2)phases as shown on the preliminary plat in Section VIII.B. The single-family residential portion is proposed to develop with the first phase and the multi-family development in the second phase. Single-family attached dwellings,townhome dwellings and multi-family developments are listed as a principal permitted use in the TN-R zoning district per UDC Table 11-2D-2. Multi-family developments are subject to the specific use standards listed in UDC 11-4-3-27;review of the development for consistency with these standards will occur with the Certificate of Zoning Compliance application. Existing Structures/Site Improvements: There is an existing home and several outbuildings on the property that are proposed to be removed with development. Prior to the City Engineer's signature on the final plat,all existing structures that do not conform to the setbacks of the district are required to be removed. Dimensional Standards(UDC Table 11-2D-6): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2D-6 for the TN-R zoning district. There is no minimum lot size in the TN-R district; each building site is required to be of sufficient size to meet the minimum setbacks for the district. A minimum of two (2)housing types are provided as required. Access: Access is proposed via the extension of N. San Marco Way, a collector street,at the southeast corner of the subdivision. San Marco Way will extend to the west boundary and connect with W. Aviator St. to be extended with Aviator Subdivision(H-2020-0111). This property and three(3)properties to the south take access from Zimmerman Ln., a private street;two (2)of these properties don't have public street frontage. ACHD is requiring Zimmerman Ln.to be dedicated and improved as a local public street in order to provide a north/south street connection between Franklin Rd. and the collector street,public street frontage for the two parcels to the south, and access to Ascent Subdivision from a local street,which will enable their temporary vehicle access to be converted to emergency and pedestrian access only.The plat should be revised accordingly. Three(3) stub streets(i.e.E. Chair Lift St.,W.Atomic St. and W. Ski Hill St.) exist in Ascent Subdivision that are required to be extended with development as required by ACHD. A street is planned to stub at the south boundary of the subject property from Alamar Subdivision near the southwest corner of this site per the approved preliminary plat(H-2022-0004). The development agreement for Alamar(Inst.#2022-065010) states the final alignment at the north property line shall be Page I I determined at the time of the second final plat submittal to allow the developer flexibility to work with this developer on the alignment. Although the second phase final plat has not yet been submitted,the common lot at the northwest corner of the Alamar development was included in the first phase(FP- 2022-0027)with the southern portion of the north/south street(N. Feather Reed Ave.),which essentially dictates alignment of the street north to the collector street. ACHD is requiring a stub street to be provided from the collector street to the south boundary of the subdivision in alignment with Feather Reed to the south;ACHD is not requiring Wolfsburg to align with that street. Staff is concerned about the proximity of N. Wolfsburg Ave. to Feather Reed and safety of left-turn movements onto the collector from both of those streets. The collector street has a fairly significant curve in this location as well that may hinder sight distance. Common Driveway(UDC 11-6C-3D): One(1) common driveway is proposed at the northwest corner of the site on Lot 10,Block 1 for access to Lots 11-14,Block 1. Common driveways are allowed to serve a maximum of four(4) dwelling units; in no case shall more than three(3) dwelling units be located on one(1) side of the driveway. A total of four(4) dwelling units are proposed on the north side of the driveway; the final plat and common driveway exhibit shall be revised to depict a maximum of three(3)units on one(1) side of the driveway as required; or,alternative compliance may be requested as set forth in UDC 11-5B-5. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for the common driveway,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. This may be accomplished through depiction of the easement on the face of the final plat and an accompanying note.If a separate easement is recorded,a copy should be submitted to the Planning Division with the final plat for City Engineer signature. Alleys (UDC 11-6C-3B. : One(1)20-foot wide alley is proposed for access to the townhome lots in Block 3. The Alley should be constructed in accord with the standards listed in UDC 11-6C-3B.5. A detail of the alley should be submitted with the final plat that demonstrates complies with these standards. Parking: All single-family attached and townhouse dwelling units are proposed to have a 2-car garage with a 2-space parking pad consistent with UDC Table 11-3C-6 for 1-to 4-bedroom units; if any units contain more than 4 bedrooms, an additional two (2) spaces are required with at least one(1)of those being an enclosed space. An additional 38 on-street parking spaces(0.5+per home) are available for residents and guests as shown on the parking exhibit in Section VIII.1. These spaces are located adjacent to common areas and in front of the townhome units as there is not adequate room in front of the attached units for on-street parking with the width of the lots vs. the driveways. With the narrow 27-foot wide streets proposed internally,which are desired with TND,parking is only allowed on one side of the street. A minimum of 430 parking spaces are required to be provided for the multi-family development based on 48 1-bedroom units and 168 2-bedroom units,with 216 of those spaces being in a covered carport or garage,per UDC Table 11-3C-6. A total of 442 parking spaces are proposed overall,which exceeds the minimum by 12 spaces,with 221 of those spaces covered. Based on the number of parking spaces provided(442), a minimum of 18 bicycle parking spaces are required per UDC 11-3C-6G, in accord with the standards in UDC 11-3C-5C. A total of 18 spaces are proposed. Staff recommends a bicycle rack is provided for each building and for the clubhouse. Landscaping(UDC 11-3B): A 20-foot wide street buffer with an 8-foot wide parkway planted with Class lI trees and a 5-foot wide detached sidewalk is required to be provided along N. San Marco Way, a collector street,per UDC Table 11-2D-6, landscaped per the updated standards listed in UDC 11-3B-7C. An 8-foot wide parkway with Class 11 trees is required along all local streets per UDC Table 11-2D-6, landscaped per the standards listed in UDC 11-3B-7C. Page 12 All common open space areas are required to be landscaped with one deciduous shade tree for every 5,000 square feet of area and include a variety of trees, shrubs, lawn or other vegetative groundcover per UDC 11-3G-5B.3. Shrubs should be added to common open space areas and the calculations table on the landscape plan should be revised to include this updated standard; a minimum of 28 trees are required. There are several existing trees on this site that will be removed with development. An existing tree inventory and mitigation plan is included in Section VIII.H. Mitigation is required to be provided per the standards listed in UDC 11-3B-10C.5; calculations demonstrating compliance should be included on the landscape plan submitted with the final plat application. Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C. Common Open Space(UDC 11-3G-3): A minimum of 15%qualified open space is required to be provided within the single-family and townhome portion of the development per Table 11-3G-3 for the TN-R zoning district. Based on 10.01 acres of land,a minimum of 1.5 acres is required to be provided that complies with the standards listed in UDC 11-3G-3B.Note: The multi family development is exempt from these standards and is instead required to comply with the common open space standards listed in UDC 11-4-3-27C. The multi family development will be reviewed for compliance with those standards with the Certificate of Zoning Compliance application. The exhibit included in Section VIII.F depicts 35.4%(or 3.55 acres) of common open space for the single-family and townhome portion of the development consisting of three(3) large common areas over 5,000 square feet(s.£)at 41,652 and 9,239 s.f. and a large area at the south end of the site west of the collector; 8-foot wide landscaped parkways along the townhome lots; and landscaped linear open space. The common lot at the southwest corner of the development will adjoin common area in Alamar Subdivision if the stub street to the south is relocated further to the east as required. The collector street buffers do not count toward qualified open space unless they meet the enhanced buffer requirements noted in UDC 11-3G-3B.3,which is interpreted to mean buffer landscape materials consistent with entryway corridors listed in UDC 11-3B-7C.3f. On the south side of the collector,the linear open space that is outside of the buffer may count if landscaped per the standards listed in UDC 11-3B. design.Preferably,the open spaee exhibit should be revised prior-to the Commission hearing but at the latest before the City Couneil hearing,to inelude landseaping and other-design features that demonstrate eomplinnee with the quality and qualified open spaee standards liste Any areas that don't qualify should be depicted as non- qualifying open space.When multi-family is approved concurrently with single-family,the minimum open space requirements in UDC 11-3G-3 shall apply to the gross land area of the entire development. In order to qualify,common areas should be landscaped per the updated standards listed in UDC 11-3G-4B.3; parkways and street buffers should be landscaped per the standards listed in UDC H- 3A-17E and 11-3B-7C[collector buffers must meet the enhanced buffer requirements(i.e. entryway corridor standards)in order to qualify]; stormwater swales that are incorporated into required landscaped areas should comply with the standards listed in UDC 11-3B-11c; and linear open space should be landscaped per the requirements in UDC 11-3B. Site Amenities(UDC 11-3G-4): A minimum of two (2)points of site amenities are required based on the area of the single-family/townhome portion of the development. Qualified amenities should include features listed in UDC Table 11-3G-4. A 5,000+ s.£ children's playground with a play structure, swings, climbing rocks, a climbing dome, seating benches, and a shade structure within a safe fenced area(3 points)is proposed which meets the minimum standard. The provision of public art, as recommended, will also qualifty as an amenity(1 point). The"pathway park" consisting of 9,239 s.f. at the southwest corner of the development where a shade structure,pathway and seating area is Page 13 proposed should include a picnic table in order to qualify as a picnic area(2 points).Required sidewalks adjacent to public right-of-way do not qualify. Overall,the proposed amenities exceed the minimum standards.Note: The multi family development is exempt from these standards and is instead required to comply with the site amenity standards listed in UDC 11-4-3-27D. The multi family development will be reviewed for compliance with those standards with the Certificate of Zoning Compliance application. Pathways: The Pathways Master Plan does not depict a multi-use pathway on this site.No pathways are proposed except for sidewalks required along streets within the development. Sidewalks(11-3A-17): A 5-foot wide detached sidewalk is required along W. Franklin Rd., an arterial street, and along local streets in the TN-R zone within the development; and a 6-foot wide detached sidewalk is required along N. San Marco Way, a collector street per Street Section C in the TMISAP, consistent with the 6-foot wide sidewalk in Entrada Farms to the east. Fencing 11( 3A-D: Fencing should comply with the standards listed in UDC 11-3A-7. Six-foot tall solid vinyl fencing is proposed around the west and north perimeter boundaries of the subdivision and on shared lot lines between building and common lots that are visible from the public street, as shown on the landscape plan. A 5' tall open vision iron fence is proposed around the children's playground area. A 2-rail split rail fence is proposed at the back edge of the street buffer along the northeast side of San Marco Way on the multi-family portion of the site. Fencing is not proposed along the perimeter of Lot 1,Block 4 where it adjoins future common area in Alamar Subdivision and should not be so that residents of both subdivisions can enjoy a larger common area. Lighting(UDC 11-2D-6F1: In addition to the standards set forth in UDC 11-3A-11 of this title,the following standards shall apply within the TN-R district: All dwelling units shall have a minimum of two (2)lights at the front of the unit.All dwelling units on alley accessed properties shall have a minimum of two (2)lights along the alley. All lighting required in this section shall prevent uplighting and shall be on a photocell that activates the lighting at dusk and turns it off at dawn. Waterways: The Kennedy Lateral crosses the northeast corner of this site within a parcel of land owned by the irrigation district. This parcel bisects the subject property into two(2)parcels. The Applicant is working with the irrigation district to try to deed the small"triangle"area on the north side of the lateral to the irrigation district because it is of no value to this development. A 6-foot tall closed vision vinyl fence is proposed adjacent to the lateral; UDC 11-3A-6C.3 requires an open vision fence at least 6-feet in height and having an I I-gauge,2-inch mesh or other construction, equivalent in ability to deter access to the lateral. Staff recommends a 6-foot tall wrought iron fence is provided in this area to deter access to the lateral. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances.Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A geotechnical report was submitted with this subdivision. Building Elevations: Conceptual building elevations were submitted for the proposed structures within the development as shown in Section V111.1. Two (2) elevations were submitted for the 2-story attached units proposed in Blocks 1 and 2 and for the 2-story townhome units attached in units of three(3) proposed in Block 3;building materials consist of a mix of board&batten siding, soffit board siding, Page 14 cottage lap siding and shake siding. Two(2) elevations and perspectives were submitted for the 3-story multi-family apartment buildings;building materials consist of mix of board&batten siding and horizontal lap siding with fiber cement panel accents.An elevation was submitted for the clubhouse; building materials consist of a mix of board&batten siding and horizontal lap siding with stone veneer accents. The proposed elevations are net approved in concept however,imd they should be revised4o ineor-por-ate traditional neighboFhood design elements as set for-th in the T-AUSAP,as noted above in Section 41 and in to comply with the Architectural Standards Manual(ASM).Remised elevations should be submitted that demonstrate eomplianee with these guidelines and standards prior-to Commission netion on this applivation. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted for the multi- family portion of the development; compliance with the specific use standards listed in UDC 11-4-3-27 is required. Design Review: A design review application(s) is required to be submitted for all single-family attached, townhouse and multi-family structures within the development.Final design of all structures should comply with the standards for traditional neighborhood design listed in the Architectural Standards Manual(ASM)and any applicable traditional neighborhood design guidelines in the Ten Mile Interchange Specific Area Plan(TMISAP)for the MHDR FLUM designation(see the Application of Design Elements table on pg.3-49).Note: Staff has not reviewed the proposed elevations for consistency with the design standards in the ASM; this review will take place with submittal of the design review application.The Applicant should closely review these standards when making changes to the elevations in order to most accurately represent the style and construction of homes proposed to be constructed on this site. VII. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement, and preliminary plat per the provisions in Section IX in accord with the Findings in Section X if revisions are made to the plans as recommended by Staff that are consistent with the traditional neighborhood design guidelines in the TMISAP. B. The Meridian Planning&Zoning Commission heard these items on March 2, 2023.At the public hearing,the Commission voted to recommend approval of the subject AZ and PP request. 1. Summary of Commission public hearing: a. In favor: Hethe Clark(Applicant's Representative) b. In opposition:None c. Commenting. None d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application:None 2. Key issue(s) public testimony a. None 3. Key issue(s)of discussion by Commission. a. Incorporating more alley-loaded townhome lots in the development. b. Architectural design standards in the TMISAP, specifically as it related to front porches, individual garage doors and stepping the garages back 20 feet from the primary facade. C. Design elements of the Plan versus the TN-R standards in the UDC. d. Extension of Zimmerman Lane. 4. Commission change(s)to Staff recommendation: Page 15 a. Comission modified DA provison i.to specify that the single-family attached and townhome structures did not need to comply with some of the design elements in the TMISAP. b. Various DA proivisons and conditions of approval were modified to account for ACHD's determination for the extension of the surrounding stub streets to this property. The email and the exhibit have been uploaded below under the Agency comments section IX. for reference. 5. Outstandingissue(s)ssue(s) for City Council: a. Removing the 50-foot sliver of property,known as Zimmerman Lane, from the boundary of the annexation and preliminaryplat to allow the applicant time to potentially deed this property to the adjacent County residences to own/maintain. The applicant is proposing the Council add the following DA provison should you choose to support the applicant's request: "Per ACHD direction, Zimmerman Lane will not be dedicated as public right-of-way, with the exception of two stub locations at Atomic St. and Chair Lift St. Dedicate such stub locations to ACHD in configurations required by ACHD prior to signature on the first final plat. The remainder of Zimmerman Lane will remain a private access. Because Zimmerman Lane will remain a private access, modify the annexation and preliminary plat boundaries to remove Zimmerman Lane to facilitate possible future conveyance of the remainder of Zimmerman Lane to property owners benefitted by this access easement who remain outside city limits." Page 16 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map I 5av tooth Land Surveying, LLG r- P:(200)398-61 pa f:(206)39b-8105 2030 5.Wa5hmgton Ave.,Emmett, ID 536 17 Newkirk Annexation Description BASIS OF BEARING is N. 891115'34"VV., between a found aluminum cap PLS 14221 marking the SIJ4 corner of Section 10 and a found aluminum cap PLS 14221 marking the SW corner of Section 10, both in Township 3 North, Range 1 ~Nest,606se Meridian, City of Meridian,Ada County, Idaho. A parcel of land located in the E112 of the SW1/4 of Section 10,T.3 N., R. 1 W_, B_M_, City of Meridian, Ada County,Idaho more particularly described as follows; COMMENCING at an aluminum cap marking the S1/4 corner of said Section W; Thence N. 89015'34"W-r coinddent with the south line of said SW1}4,a distance of 743.09 feet tip the POINT OF BEGINNING; Thence contlnuing, N.89,,15'34"VV., coincident with said south line,50.00 fleet; Thence N.003426'E., coincident with the west right of way of N.Zimmerman Lane and the extension thereof,903.05 feet to the approximate centerline of the Purdam Drain said point Wine d S-0°34'25"W., 10.00 feet with a 5/8"rebar with cap PL511779; Thence coincident with said centerline the following three(3)courses and distances; Thence N.60°56'14"W.,425.75 feet; Thence S.59404'26"W., 103.00 feet; Thence N.5T29'07"W., 74.36 feet to tfie west line of dhe east half of the SEi/4 of the S 1/4,said point witnessed N.0636'35"E., 69.53 feet with a 518" rebar with cap PLS 12464; Thence N.(r36'35"E.,coincident with said west line,6 14.70 feet to the centerline of the railroad right of way,- Thence S. 88026'46" E.,coincident with said centerline, 1097.69 feet; Thence leaving said centerline, 5, 0135004"W., 216.64 feet to a 5{8"rebar with no cap,hereafter referred to as"Point A"on the soulthwesteriy right of way of the Kennedy Lateral; Thence continuing,S.0°35'04"W., 1250-38 feet to the approximate centerline of said Purdarn Drain, said point witnessed N.0035'04'E.,42,00 feet with a 5/8"rebar with cap PLS 11779; Thence N. 39111540"W., coincident with said centerline,813.62 feet to a paint on the east right of way of said N.Zimmerman Lane,said point witnessed S_ V34'26"W., 20,00 feet with a 5/8"rebar with no cap; P Q0210 1 M121381-NEWKIRK TOPO Survey',Drawings�0escnptions1121381 NewKirk Annexation 1)escnp1ion.dgcx Page 17 Thence S. 01134'26' W., ONncident with said east right of way and the extension thereof,843.25 feet to the POINT OF BEGINNING. LESS and EXCEPTING a parcel of land more particularly described as follows: BEGINNING at the aforementioned "Point A", Thence N. 42057'39"W.,coincident with the southwesterly right of way of said Kennedy Lateral, 25.93 feet to a 5/8'rebar wit# cap PLS 11779; Thence N. 58°29425"W.,corncident with said southwesterly right of way, 133.89 feet to a 5/8" rebar with cap PLS 11779; Thence N. 88°22'37"W.,coincident with said Southwesterly right of way, IM62 feet to a 5/8"' rebar with cap 131-5 11779; Thence W 1012'41" E., coinddent with said southwesterly right of way, 31.04 feet to a 518" rebar with cap PLS 11779 on the southerly railroad right of way; Thence 5. 88°2646"E., coincident with said southerly railroad right of way,232.69 feet to a 5/8"rebar with cap PLS 11779 on the northeasterly right of way of said Kennedy Lateral, Thence S. 58°29'25"E.,coincident with said northeast"right of way, 100.62 feet to a 5/W rebar with cap PLS 11779; Thence S. 01135'04"W., 66.38 feet to the POINT OF BEGINNING. Said parcel contains 23.669 acres more or less. 11574 1 4 ` BEP,1� P:Q02Ik1 t=MTk121381-NEVVKIRK rOPo%surveyzeawings%Desoriptionsti121381 Newkirk Annexation Qescriplion.dotx II Page 18 PRr f f,g,.,, 12NION PAClRIC RAILROAD 'PF V113 Ittii sAr 7277'F r'4 Co � '1�01 , IVA I glow Y .rn m 4 I { I I YI ={ y LQ I Y I ,# PCIAYFOF 6sEGan4mG R. PRAN[{Ll�l ROAD v{ Wa S OF BEARING � x Page 19 B. Preliminary Plat(dated: 10/21/22)—NOT APPROVED PRELI Tovms I NEWK PLAT FOR ---- --- NEWKIRKRK SUBDIVISION -s sE iia u mcsrr iie�sxENa •oa xo W �WQ um3 irp ---r— ----------- .-.,a..� a� boki ®LqRWI —-------------�i V@'iwK".o ? < _.r. Z N'SMFl�1 Imo'.' i i i kILQ% ------------ 1 / j K o — - ------ -- -off--- i ¢ o I_--_— _ --_ —_-- "pp, Page 20 ----------------------------------------------------- f ------ - ---------------------------- - ----- - -- 1-7 ------------ ---------------- ------------ ------------- EM Page 21 C. Common Drive Exhibit—NOT APPROVED BLOCK l I LOT 15 TAKES DIRECT + I I I I I STREET ACCESS- + 3.00' SIDE DRIVEWAY LOCATED ON 10.00' SIDE SETBACK I I EAST SIDE OF LOT. UTILITY EASEMENT II SETBACK TYP�I N I I I II II I I II II a I 11 12 I 13 14 I I 15 16 z0 17 18 I IL Y PKORUE nLN N -- it I I--ga— ----I I Ny 2 O O N� 10 " W SEABURG STREET LOT 9 TAKES DIRECT ——STREET ACCESS. f A a DRIVEWAY LOCATED ON a SOUTH SIDE OF LOT. o_ 9 �. 12' REAR I Y o 1 SETBACK TYP 20.00' FRONT ¢ BLOCK 2 I I SETBACK TYP I s I m I I I rVW,.� ---------� 12 oL e B ITT E IV 15 D 15 30 co BOX e059 NEWKIRK SUBDIVISION eolsE,ioes707 COMMON DRIVEWAY EXHIBIT ( ):!:-.-74 cgrahPh:am @�waY— gneenng-com Page 22 D. Landscape Plan—Preliminary Plat(dated: 9/6/2022) 3 z m A 2m zv Cog r H 1, > I \ I � � 01 ,VI I \ I f j I ill y 3; z t� Page 23 E. Conceptual Site Plan&Landscape Plan for Multi-Family Development 3 z m W a m r z :E a I x II+ to C _ i s > z 'LA v N k I A t a j Ir � I � j I � j I Page 24 NEWKIRK APARTMENTS N,ZIMMERMAN LANE VIEAIOIAN,IDAHO UY€RALL GENERAL SITE Na TUF •'..0 SSALE; .. , ', ...........,1'.SQ_G"..-. ..... ..... _-..- ...,.,... -TE�t •.+�.A i..�w.t.a. TOTAL AREA. .... 451,766 5'F_ _ DENSITY PROPOSED:........7U.7 D.U-ACRE $IDES: ID FRY «. ,p BEAK ID FOP .. +r r' _ FRONT[COLLECTORI: 20 FE41 IT PROJECT DATA; -- NYM6FR DF APARTNEBT ......... I OF OWELUIM UNITS;...............Zll P PAXEIEQ RECUIREU:.......................418 1 5 SPACL-1 149 1 rDRIVI UNITS■72 I 2 PACE&E I FE 2 NORM URLE1=IN M K PARKING SPACES PROPOSED:...............4Ai �R1LYSi�� x J ! PARKING SPACES PROPOSE D PEN 0KI11........Lib GDYERED SPACESIEQUIRED:.......... .....21r rl COVERED SPACES TROPOSED:...............121 _ COMPACT SPACES PROPRS EO ................0 &CCE$SINL9PARKINr5FACE$nGUIREO;.......19 ^+^�* 'f = ACC E$SIBLE PARRINfi SPACES PROPOSED:..,....,1 RICYCL€PARYINC SPACES PROPOSED F x '' n COMMON OPEN SPACE REQUIRED.......Sk4M S.F. . = • I__I ,C-`F.. 162 R.U.125115.F;'D.U.-0.56a S.F. IL"'II "•" 5-D.A.1350S-F.O.U.-1112065.F. y — •_ COMAADY DPENSPACE PROVIDED:.......46.3R21f. SITIEOEVELOPMEMT AMENITIES PROPOSED: I. CLUBHOUSE(QUALITY OF LIFE) * c coo \ HTYEBS CENTER 10DAlITY Of iJFEI ~ \\ S_ E1IGLGSED SIRE STOWE LQUALIFT OF LIFE I 4_ DOG PARK W,-VWLSTE STATION(OQALIFY OF LIFE) 5. POOLIRECREATIOK) s 6- VIALMIN9 TRAILS IRECREATIDN) 1 ' T PICNIC LILEik(OPEN SPACE) L J_ BIKE REPAIR STATION(MUiTI-M40ELI ' 3 V DEVELDPFR; 624,LLC &DI w&UNGCK ST. rwsE,IV 6]792 I CIVIL ENWRLER: CIVIL SITE WORKS .�. WA IV RICRMONE SF. PULSE.In 3]7115 [201)S46-3074 ARCHITECT: T14E ARCHITECTS OFFICE,PLLC 491 MAIN$1. mu E RE mu KOISF,m E T70Y Al 00 •w - (296)SAS•29 1 C,4lka Si•L i:L h Page 25 F. Common Open Space Exhibit&Calculations ]I .I:{ L 4 1 Ij I � I t , Page 26 Project: Newkirk Neighburhaad Date: 11.21.2022 M&& Lot Sgft Open Spare dlnFen3i6nC UesuipLion Cade Section 1 L 4XI 41.31'a M' Cul lu ncir Fruntage C. 1 AI I r9,430 Multi-Fam ily Open Spa" M F 2 S 4,"S 19S'x21.06' End Cap a 2 I8 39.734 Large Park A d L $792 Colecior Frontage{Park A.0 S 95,6&S {pl lector Frontage AC rkSJO Parkway Strip E Subtotals lYaez Percent of Total T431al SgFt 308.927 7.09197SM Qualified Open Space Ar_ 3,09 Total ProjedAcres WAS Mon-Cou2Vvinp Open Spore 0.90 Percent of Clu;zUfiedOpen Space 34-69% Arterial and Collector FronL:rigc 9$729 2.27 31-9G% L3urrcr3&Endcag* 4,49S 4-10 IAA% IlilLside 4A0 4A0% 'Useable' 205,714 4-32 6659% Pace 1 Uwe Sufic:: aesorofim A 11-3S-31A-20 Open grasser area or.A ka%LS,"'in arma- 9 11-M-38-11E linear open spars arm that isat lemA twenty feet(2Oa and rip to RFty feet 150'),hasan access aL mach made and is improwed and landscaped asmeLforth inwhsection E of thcsmdion. C ii-3 31f1-3 fulI Areaof Buffer The Full area of the landsmpe buffer alongcollmclor struts may count Roward Lhe required common opraspme- L1 11AG-36-3 Frrcm age oFBufer:FiFLV percent rso%)or the landscape buffer along arterial strmels may count toward lire required mrnmon opmnspace- Parkways Ak+ryg Colknorand Local Residential SLrmeis:Parkvwarys along local residential E 11-3G-A" slrcetsthaL meet all oFthr rollowing sLandsrds miry count towardthu mrnmon porn spuxe requirement: Page 27 G. Site Amenities Proposed Amenities Sir familyAr-ea; A. Large 1-Acre, Play Park(Block L Lot 1 ) - The Newkirk Neigh turJiood Park will ❑ ;ntd in Lne hollowing rucreatiun iacihLics: • Play Structure + 5wings + Seating Benches + 5hadc Structure ,• .4� + Climb ing Rocks _ + Climb i ng a rime - ' + Large Grass play arcs { + Attfactiue Landscaping + Playground fr.king for safety Imo.'" r r DENG++ jP ffJF Cry" 1 � - 1 . i Page 28 U. Pathways—The Newkirk Neighborhoud will include the Following pedestrian pathways- ■ V Wide Separated Pedestrian Pathway on Bath sides of N-San Mama Way—L770 LF Pedestrian pathwaws within the Newkirk Neighborhood will total cnmr one half mile in length. — h. 5.PekTttY C. Pathway Park lBlodk46 Lot 1)-The Newkirk Neighborhood Park will contain a small pedestrian e A *;, park including- ■ Shade Structure * Additional Pathway • Seating Areas • Attractive Landscaping 5TIFRIX17ME Proposed Amenities Multi-family Arca: A_ Multi-Faro ily Amenities—The 2115-unit Multi-family Chalet's will have the fallowing Amen ities: + Clu b House(Quality of Life) + Fitness Center(Quality of Life) + Enclosed Hike Storage(Quality of Life) + Dog Park W))Naste Station Muality of Life) + Pool(Rcrreatfon) + Wi3lkirgTrails Mcreatiun) + Picnic Arca (Open Space) + Bike Repair Station(Multi-Modal) + Outdoor Seating + Attractive Landscaping Page 29 H. Pedestrian Connectivity Exhibit The N ewkirk NeighborhLmd will include pedestrian pathways as well as infernal sidewalks that will form a very conneded and pedleslrian friendly environrnent for the horneoww+ners and public_ Over a mile of pedestrian pathway will be constructed within the Newkirk Neighborhood_This pathway system will provide a Variety of opportu pities for the residents of the Newki rk Neighborhood to wal k, bike or onnnecl to the$realer Ten Mile I nterchange Area. All internal streets and oolleclor roadways will have separated sidewalks. The map below illuslratus the pedestrian mnneclivity_ r rr r 7 'tJ • s. iFf..L r" ti- - A I I I I Page 30 I. Existing Tree Inventory&Mitigation Plan Newkirk Neighborhood Tree Inventory and Mitigation Plan The following is an inventory of existing trees on the proposed Newkirk Neighborhood property. The trees are in fair to poor condition as they have not been well maintained and most are in various stages of decay and nearly all have structural issues.For this reason,we are proposing to remove all the existing trees and to mitigate for some of the caliper inches of loss. Some of the trees such as the willow do not require mitigation per city code. A map and photos of the trees is provided below as well as a total of caliper inches that should be mitigated for and a calculation of trees to be provided in the new development per the landscape plan. It is calculated that approximately 105"of existing tree caliper should be mitigated for,the project is providing 318 new trees with an average caliper of 2"that equals 636 caliper inches. The new trees planted will far outweigh any trees being removed from the site. r� _- HA 3x Ex1171h4 7 L' 2x �f - {r _ W _ : •' , Page 31 Map of existing trees Tree 1 10"Caliper shade—to be mitigated .f. Tree_ 2 Large Willow with rotted base and many dead limbs. No mitigation proposed l: f, Tree 3 Large walnut tree, 30"—40"caliper,multi-trunk,poor condition, structural issues. —To be mitigated at 50%. Page 32 Tree 4 11" Crab Apple poor to fair condition—to be mitigated v, h Tree 5 13" Shade tree—fair condition—to be mitigated Tree 6 6" Shade tree—to be mitigated � r �Y Page 33 Tree 7 18" Shade tree—fair Condition-to be mitigated ,a Tree 8 7"Pine—fair condition—to be mitigated ,y Calculations from the Newkirk Landscape Plans LANr;�c,--�r AFE �tALCJL T IONB LOCATION 12EWIPZEI7 PP.DVIFEo �TI2EET TREES 54 TREES PARK/COMMON 14200 5P 1 0400 = IS TF-tI 5 83 TREES OPEN 5PACE TOTAL NJMBEIZ OP TREE5: Ib MrM 131 T12EE5 ALL EXISTING TREE5 TO BE REMOVED-5EE NOTE 5. THIS SHEET_ Page 34 PLANT SCHEDULE TREES BOTANICAL I COMMON NAME CONT CAL SIZE CITY REMARKS 0 Amer x Reenanii'Jeffemred'f Autum 91=0 Freeman Maple B&B Z" 10 59 H 35W CLASS II Betda papyiiWa'ClurW 1 Clump Paper Bob B&B 2.5' 13 5WH x 40'W.CLASS 11.dump 0 Gleditria triar nthos inermis'SkpcoW TM+Skyline Haney Lo st B&B Z" 44 45'14%35'W.CLASS II Makts x'SpdW Snow;Spring Snow Crabapple B&B 2' 4 2WH x 2TW.CLASS I Prunus uirginiana'Canada Red';Canada Red Chokecherry B&B 2' 4 40'H x4g'W. CLASS II Prunus x cerasifera'CF0i2.am';CriMOn Pointe Flowering Plum B&B T 24 H 20'-;23'W 5'-0' 0 CLASS II PyFtts raleryana'Chatroaleer';CharrtideeF Pear B&B 2" 30 3W-35'H x 22'W.Class II EVERGREEN TREE BOTANICAL:COMMON NAME CCNT ICAL SIZE I CITY REMARKS Pic-Ea gtaura'Sander s Blue'7 Sanders 9kte White Spruce B&B 5-TH 11 5'-4FN x 2'-3'W Piaea glaura'Penduld;Weeping White Spntce B&B 25'H 20 H 12'40'W 5'-& Picea otndrika'Bruns':Bruns Spntce B&B 5'-T H 4 3g'11-1 x TW } Pinusfleailis'VanderwdFs Pyramid'f VanderwAfs Pyramid Pine B&B ii'-T H 0 20'-25'tat&M'-1T Vdde Page 35 J. Conceptual Building Elevations— OTA -AROV D FAIN I EU Ir"X10'CORBEL TRU WOOD B&B SIDING Wf KU ROOFING 34 YR. ❑5 1'%3'BATTS AT 16'O.C. ASPHALT SHINGLES AJW LP SMARTSIDE I'X12' KD ROOF ING STANDING 1 LI'SMARTSIDE 1f'FASC IA 2 ASCIA Wl 1'XB' SEAM METAL ROO I.J sHADOW BD For illustrative (i.e. color& finishes) purposes only—not 'y proposed for construction Ili - 1 110 TRU woo C] OT WOOD 8' SOFFI760AR ODD IDING LAP SIDING _ � IDING 3 111 1 'X6'CORBEL B KNEE BRACL LI'SMAR I SIDE I"%li"CORNERS ❑2 OR I WINDOW I HIM W.�1"%L' 'ON EUGL HEN ULR I RIN1 LP SMARTSIDE 1'X8'TRIM No. COLOR NAME COLOR No. I DARK BROWN METAL WA I 2 3 4 5 2 SEOATE GREY SWB186 INCHMCOAA4 WARM L BLACK NE S WS 5 ■ ❑ cep s�,o 060122 8 WHITE VINYL WIND FRAME WA oorenloel r. zp�d a r � - DESIGN CRITERRI P V V FRONT ELEVATION 1�b] �O 14P CORBEL OEfAILL `w1 LEFT FI Nita --ppp- � m REAR ELEVATION I o W c Q�I lea lt- 4 RIGHT ELEVATION _ 1.0 Page 36 DESIGN CRITERIA sorvlslox - 1 IK VICINITY MAP /,1 FRONT ELEVA TIO-0 ""' 0 i 2 LEFT ELEVATION 1�, r p DETAIL CORBEL ' ol m 00 00 m -, �jm! � 0 REAR ELEVATION 4 RIGHT ELEVATI N ._. � _1 1.0 SMAH SIUt I"A11"Fn3C;IA KU HOOFINGSTANDIN KO ROOFING 30 YR. 30'TALL TRIANGULAR GABLE LI'SMAH I SIDE I'WCUHNER! Wit"Xb SHAD04:'HU. SLAM METAL ROO PHA LT SHINGLE ENT Wf4'BUILDOUT-BMC DOORi WINDOW IRIMA+1'X2- N LIEGE HLAULK I HIM 6 WOODB&BSIDINGWI 1"%3'BATISAII4'O.C. LI'SKIAH I SIDE H'FASCIA 3 ❑3 PAIN I EO 8'X70'CORBE _ ❑ 3 E] TRU WOOD SHAKL SHINGLE SIDING IRUWUOU L' LN' COI IA4:E SII]ING 8 LP SMARTSIO fl'X0'WU.COL. TRU WOOD SOFFI 'WCORDE 1'%8'TRIM BpN BOARDSIDIN KNEE BRAG No. COLOR NAME COLOR ■ 1 CiAS51C FRENCH GREY SW0077 1 2 3 4 2 FENLAN❑ SW7544 3 SEDATE GREY SW6189 4 MODERNE WHITE SW818B 5 STA' -CHESTNUT SW3524 5 6 7 8 6 DARK BROWN METAL WA NONE 7 CHARCOAL BLACK WA e BLACK VINYL WINO.FRAME WA 2 04.01.22 orraai�xlTr Page 37 ------- - - - - - - �- :� n FRONT ELEVATION Ll va=r 2 LEFT ELEVATION O N w/W ,L a REAR ELEVATION DESIGN CRRERIA mw y Zn— w.. G 4 RIGHT ELEVATION n VICINITY MAP 1A B.PACK-A IJ Q •" \ gym., LOT: X BLOCK: X SUBDMSION ME o a FRONT ELEVATION U va^=ru^ LEFT ELEVATION 2 v =r (!+) fe to I ' m 3 REAR ELEVATION va•=rm DESIGN CRITERIA ® 4 rl RIGHT ELEVATION i76`Td' n VICINITY MAP LO Page 38 O _____ __________________________________________________________________ -__--_ __________________________________ ____'_________-___--_-____ _____=-----_ o _:___________ _-----------____________����� ��i�-_=______-__-_---_-__________:- -.______________________= iu Ili Il ilnnll 1 J a u®lu��unli'll 11'WINEul®u a '------- 111I�o I III�I��I�_11 11611 NO. HE 61�111' j`II"I'��III nlll�llllll - 11 =1�= =IIIII=11=1®- -®1-1�=IIIII-11- o-ii-- vv.. [,--IIIIIIIIIIIIIIIIII II �� IIIIIII�IIIIIIIIIII�IIIIIII_] � III: =1 m� __ _______---______=_______=__=___= ---' -__________-__-______- __=__ _-___________ �; ��®�I-ulll6�u�lllll�u�ll�®�� ------------------------ I �llll��llllll�n 11-n_- =®=11-11-11-fw9- =n1-11-I1-n -�=11-11-=n11-1=1i== Sul- MAN-11-11 _1111 _-_ _____________________________________________I=_=_l_-l1___l-_1 I__�--1I__1_I_1I1_�I__ _ _ __________ I - �___-_-_- --_-______ � ___ ____ 1L lllIlI l����llIlI�ll`l l NE IIIII �I 11 n �I =11 IEF111-11 ----------------- -1i=:1� -I-l-�.a----�11"16"�IIIII•�IP®���������=11-I �1iu�..����IIII it���IIiIIII III�����L�u1°�= __11=in -®1=11=11_i1_I®- HE _■-■_■_ ■ _=11-In-��--®1-11-11=11-Im-��-n_11 = I--= �_•__,__I; r ter__ ya ss- Page 40 p, 1 I n a a� APARTMENTS ❑ ❑ FE Ni - a v—Mxrxu..m� 3REAR EXTERIOR ELEVATION J e ❑ ❑❑ .n....,� i F '❑rF # RIGHFIMERIORELLVA]ION '`C5.1 `�� TM -- _ NEWKIRK — — APARTMENTS FRONT EXTERIOR FLEVATION 6ENERALNETES EXTERIOR RNTSH SCHEDULE _—�~ ❑❑❑ RN nA&---_- ...... s AC5.0 9 �LLFF EXTERIOR ELEVATION 3 ....-.. ezrt_s e��'u.xa Page 42 Ft!' v I I unu I I in r- -j c o GATHEMMG V Irl n 0 I c 0 — co 0 cl I -- --- ILI I ; f I ' I I I I =IC) E5EO I--- x _�_= I YNZ d�10E I I I A I � � w Iw 2CYA 20 rill, cuEsr s-� s Fl F-I Page 43 K. Parking Exhibit SINGLE-FAMILY The Newkirk Neighborhood will meet or exceed all of the requirements of the City of Meridian's Cade for off-street parking.All homes within the neighborhood will have a minimum of a two (2) car garage and a driveway that will accommodate an additional two(2) parking spaces, for a total of four(4)off- street parking spaces. As illustrated below,an additional 38 (aver 0.5 additional per home) on-street parking spaceswill be available for use bythe residence. rd • ! I r � h _rS};�S11i1_- I I . MULTI-FAMILY The Newkirk Apartments meet and exceed all parking requirements of the City of Meridian Code. The code requires 418 parking stalls,we are providing 450 parking stalls. Page 44 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum,incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat,phasing plan,landscape plan, qualified open space,qualified site amenities,and conceptual building elevations included in Section VIII and the provisions contained herein. b. The collector street(N. San Marco Way) shall be constructed in its entirety with the first phase of development and shall be designed consistent with Street Section C(major collector street)in the Ten Mile Interchange Specific Area Plan(see pgs. 3-20, 3-22 and 3-23),unless an alternative cross section is approved by ACHD. c. The small triangle portion of the property located at the northeast corner of the development, north of the Kennedy Lateral, shall be deeded to Nampa-Meridian Irrigation District. d. Public art of a high quality of design shall be provided within the development and incorporated into the design of the streetscape or publicly accessible open space as set forth in the TMISAP (see pg. 3-47). e. A bicycle rack should be provided for each of the multi-family buildings and the clubhouse in accord with the standards listed in UDC 11-3C-5C.A minimum of 18 spaces are required. f. A minimum of 442 off-street parking spaces shall be provided for the multi-family development with a minimum of 221 of those spaces in a covered carport or garage as proposed, in accord with UDC Table 11-3C-6. g. A maximum of 216 multi-family units shall be constructed within this development. h. A Certificate of Zoning Compliance application shall be submitted for the multi-family portion of the development; compliance with the specific use standards listed in UDC 11-4-3-27 is required. i. A Design Review application shall be submitted for all single-family attached,townhouse and multi-family structures within the development. Compliance with the design standards listed in the Architectural Standards Manual and the any applicable guidelines in the Ten Mile Interchange Specific Area Plan(TMISAP) is required. The single-family attached and towhome structures are not required to incorproarte porches along 30%of the front facades and front- loaded 2-car .garages do not have to be 20 feet behind the primary fagade or designed with two (2) separate garage doors. The r-esidefAial deve ,,..me fft shall be developed; sider- do f NIHDR Futefe Land Use Map designation(see the Appliea4ien of the Design Elemeffts table e j. Pedestrian-scale lighting should be provided on all building facades facing the street and internal walkways in accord with the TMISAP(pg. 3-34). Page 45 k. The space between the building fagade and adjacent walkway should be appropriately landscaped with a combination of lawns,groundcover, shrubs and trees in accord with the TMISAP (pg. 3-37). 2. The final plat shall include the following revisions: a. . AG14D. b. Extend the three(3) stub streets(i.e. E. Chair Lift St.,W. Atomic St. and W. Ski Hill St.) from Ascent Subdivision into the site as required by ACHD. c. Align San Marco Way with the approved location of the stub street at the west boundary of the site from Aviator Subdivision. d. Extend right-of-way to the south from San Marco Way in alignment with Feather Reed Ave. in the future second phase of Alamar Subdivision. The stub street will need to be located on the east side of the common lot(Lot 3, Block 1) at the northwest corner of Alamar subdivision as approved with the first phase final plat. e. Depict a maximum of three(3)units on one(1)side of the common driveway on Lot 10, Block 1 in accord with UDC 11-6C-3D.1; or,obtain approval of alternative compliance for the proposed design as set forth in UDC 11-5B-5. f. Depict a 20-foot wide street buffer in a common lot or on a permanent dedicated buffer easement with an 8-foot wide parkway and a 6-foot wide detached sidewalk along N. San Marco Way,a collector street,per UDC Table 11-2D-6 and Street Section C in the TMISAP,unless an alternative cross section is approved by ACHD. a lnvOWe lravelLane I Bike Lane ane 34' Curam-uubdislance 3. The landscape plan submitted with the final plat shall include the following revisions: a. Revise the landscape plan consistent with the changes to the final plat listed above. b. Include mitigation calculations on the plan for existing trees that are proposed to be removed in accord with the standards listed in UDC 11-3B-1OC.5 and the exhibit in Section VIII.H. c. Depict landscaping within the 20-foot wide street buffer along San Marco Way in accord with the updated standards listed in UDC 11-3B-7C.An 8-foot wide parkway is required along the collector street planted with Class II trees and a 5-foot wide detached sidewalk per UDC Table 11-2D-6. Include the linear feet of buffer with the number of required vs.provided trees in the Landscape Calculations table that demonstrates compliance with UDC standards. d. Depict an 8-foot wide parkway with Class 11 trees along all local streets per UDC Table I1-2D- 6 landscaped per the standards listed in UDC 11-3B-7C. Include the linear feet of parkways Page 46 with the number of required vs.provided trees in the Landscape Calculations table that demonstrates compliance with UDC standards. e. Depict shrubs in common open space areas in accord with UDC 11-3G-5B.3. f. Update the Landscape Calculations table for common open space areas to reflect the updated requirement of one tree per 5,000 square feet common open space per UDC 11-3G-5B.3; a minimum of 28 trees are required. g. Change the fencing type along the Kennedy Lateral to 6-foot tall wrought iron in accord with UDC 11-3A-6C.3. h. Include a picnic table in the common area at the southwest corner of the site on Lot 1,Block 4. i. Fencing shall not be provided along the perimeter of Lot 1,Block 4 where it adjoins future common area in Alamar Subdivision. j. A minimum of one(1)bench should be provided along the northeast side of the collector street in accord with traditional neighborhood development guidelines in the TMISAP. 4. The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2D-6 for the TN-R zoning district. 5. The common driveway shall be designed and constructed per the standards listed in UDC 11-6C-3D. Revise the common driveway exhibit in Section VIII.0 to reflect a maximum of three(3) dwelling units on one(1) side of the driveway as set forth in UDC 11-6C-3D.1; or, alternative compliance may be requested as set forth in UDC 11-5B-5. 6. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveway,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. This may be accomplished through depiction of the easement on the face of the final plat and an accompanying note. If a separate easement is recorded, a copy shall be submitted to the Planning Division with the final plat for City Engineer signature. 7. The alley shall be designed and constructed per the standards listed in UDC 11-6C-3B.S. A detail of the alley shall be submitted with the final plat that demonstrates complies with these standards. 8. Per UDC 11-2D-6F,all dwelling units shall have a minimum of two (2)lights at the front of the unit. All dwelling units on alley accessed properties shall have a minimum of two(2) lights along the alley. All lighting shall prevent uplighting and shall be on a photocell that activates the lighting at dusk and turns it off at dawn. 9. Prior to the City Engineer's signature on the final plat,all existing structures that do not conform to the setbacks of the district shall be removed. 10. Approval of a preliminary plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat. Upon written request and filing by the applicant prior to the termination of the period in accord with subsections(A)and(B)of UDC 11-6B-7,the director may authorize a single extension of time to obtain the city engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of this title. Page 47 B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Sewer and water running in parallel require 30ft easement. 1.2 Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls, fences, infiltration trenches, light poles, etc.)are built within the utility easement. 1.3 Ensure no sewer services pass through infiltration trenches. 1.4 Provide 20'easement and install main to make connection of water line between east and west property. If main in western property is not installed at time of construction install a blow-off per City requirements. 1.5 Do not have a connection to the west. It is a different pressure zone. 1.6 Development to the south shows road in a different location. Coordinate with southern property on location and make sure water main is in road wherever that ends up being. 1.7 Water line requires 20'easement with water line centered in it.No car ports allowed in easement. 1.8 20'Easement up to water meter and 10'beyond is required but cannot go under car ports.Keep that in mind for all areas where it is applicable. 1.9 Water and sewer line require 30'easement minimum. Water and sewer to be 10'from edge with at least 10' separation.No car ports allowed in easement. 1.10 Each phase will need to be modeled independently to verify adequate pressure. 1.11 Connect to existing water stub to the east. Required to provide better looping on the eastern property. 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 9-1-28.C). The applicant should be required to use any existing surface or Page 48 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 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. 2.17 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. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed Page 49 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. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public—works.aspx?id=272. 2.21 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. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https:llweblink.meridianciV.oLglWebLinkIDocView.aspx?id=286169&dbid=0&repo=MeridianCitX D. POLICE DEPARTMENT https:llweblink.meridianciV.orglWebLinkIDocView.aspx?id=286172&dbid=0&repo=MeridianCitX E. PARK'S DEPARTMENT No comments were submitted. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=287222&dbid=0&r0o=MeridianQ G. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancily.or lWebLinkIDocView.aspx?id=287028&dbid=0&repo=MeridianCitX H. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=287286&dbid=0&r0o=MeridianCitX I. ADA COUNTY HIGHWAY DISTRICT(ACHD)—DRAFT REPORT https:llweblink.meridianciU.ofglWebLinkIDocView.aspx?id=289313&dbid=0&repo=MeridianCitX Page 50 EMAIL FROM CHRISTY LITTLE ON THE FURTURE ROAD EXTENSIONS FOR NEWKIRK SUBDIVISON Rill&scnya, Sol iy for tie late e-mail butwe have been workingthrough solutions this week regarding Zimmerman Lane. I had hoped to have a revised reportforyou today,but rather than chance sending a report vrit-,errcrs,I'll j.ist outline the c anges here. 1. Zimr-�--niar_ane_11 rc:::e required to be constructed as a public streetthrough the site. As demonstrated by the TIS,it is not needed to serve the site;and there is no designation on the P✓:'v1 a:tYs lo_a:icr-c"a col ector. 2. Zimmemian La-ie will i emai-i as private and continue to provide aocesstothe parcels that are served today. 3. The developer will be required to ensure that local traffic does not use Zimmerman Lane(i.e.signage,barricades,etc...) 4. Developer will dedicate right-of-way for the future extensions of Atomic St and Chair Lift St;and will be required to provide a road trust for the construction which will be done by a different developer. 5. Ceve'Dcer vil'extend Ski Hill Street nto tie site and Feathp-Reed. 6. ASLEI-t Ave—.us:a renii,ider al:cut:he cc,idit;cn cri Ascent Ave at Franklin Road. That connection was approved as a driveway,and is a temporary right-of-way easement.The plat note states that when other access is available to the site,the driveway will be closed. ACHD will work with that developer when stub streets have been extended. Thanks, Christy � SITE ,IN _ ,1r_"_ U STREETS 1(,'. aPrfK1Y®SiYYa�[r •1ex•r•o -':' �� J. SCHOOL IMPACT TABLE(COMMUNITY DEVELOPMENT) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=286766&dbid=0&r0o=MeridianCitX K. DEPARTMENT OF ENVIRONMENT QUALITY(DEQ) https:llweblink.meridianciU.or /WebLink/DocView.aspx?id=287890&dbid=0&repo=MeridianCitX L. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancily.or- /WebLink/Doc View.aspx?id=287353&dbid=0&repo=MeridianCitX X. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: Page 51 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds the Applicant's request to annex the subject property with TN-R zoning and develop a mix of single family attached and townhouse dwellings and multi family apartments on the site at a gross density of 13.2 units per acre is consistent with the land uses and density desired in MHDR designated areas in the TMISAP. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds the proposed map amendment to TN-R and development generally complies with the purpose statement of the Traditional Neighborhood Residential District in that it will provide for a variety of residential land uses, including attached single-family residential, townhomes and multi family apartments; open space that promotes pedestrian activity;safe and efficient movement of vehicular traffic; with some of the units accessed from an alley. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent single-family residential homes/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 Commission finds City services are available to be provided to this development. WASD has provided comments on the application that are included above in Section IX.H. 5. The annexation(as applicable)is in the best interest of city. The Commission finds the proposed annexation is in the best interest of the city. B. Preliminary Plat(UDC 11-6B-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The Commission finds the proposed plat is generally in conformance with the UDC and the Comprehensive Plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The Commission finds the plat is in conformance with scheduled public improvements for this area in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; Staff finds there is public financial capability of supporting services for the proposed development. Page 52 5. The development will not be detrimental to the public health, safety or general welfare; and The Commission finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) The Commission is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 53 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll N NN G20 LLC EWKIRK NEIGHBORHOODNEWKIRK NEIGHBORHOOD ABOUT THE PROPERTY NN NEWKIRK City Services AvailablePriority Growth AreaDesignationHigh Density -MediumArea PlanTen Mile Interchange Specific e Infill PropertyTru SITE CONSTRAINTS NN Grading/Slope Challenges•through Apartments East and West Entries •Railroad and Kennedy •(at odd angle)Determined -Collector PreMile -Location of Mid•Triangular Site•Infill• COMPREHENSIVE PLAN / ZONING NN NEWKIRK12 Units per AcreTarget Density:(TMISAP) 15 Units per Acre-8 Residential High Density -Med TMISAP POLICIES NN Mile Collector-Provides the Mid•rovide usable rear areas and yardsMany p•Apartments and a variety of townhomes•Mix of Residential Housing Types•Density Target of 12 units/acre•We Meet the Goals :•No Project Can Meet Every Goal•A Comprehensive Planning Document• SITE PLAN NN structures, high quality landscapingPlayground, swings, climbing domes, shade Acre Park-One35% Open Space-+/Overall = 12.98 Units per Acre216 Apartment UnitsFamily Attached Homes-44 SingleFamily Townhomes (Alley Loaded)-18 Single21 Acres-+/High TMISAP Designation)-R Zone (Medium-TN QUALIFIED OPEN SPACE NN 35% Open Space HOUSING EXAMPLES NN family Attached-Single HOUSING EXAMPLES NN family Attached-Single HOUSING EXAMPLES NN TownhomesAlley Loaded HOUSING DISTRIBUTION (SINGLE NN family attached (front)-44 single•family townhomes (alley load)-18 single•FAMILY AREA)- HOUSING EXAMPLES NN Chaletsfamily-Multi CONDITIONS OF APPROVAL NN”.limitscityoutsideremainwhoeasementaccessthisbybenefittedownerspropertytoLaneZimmermanofremaindertheofconveyancefuturepossiblefacilitatetoLaneZimmermanremovetoboundariesplat preliminaryandannexationthemodifyaccess,privatearemainwillLaneZimmermanBecause.accessprivatearemainwillLaneZimmermanofremainderThe.platfinalfirsttheonsignaturetopriorACHDbyrequiredconfigurationsinACH DtolocationsstubsuchDedicate.StLiftChairand.StAtomicatlocationsstubtwoofexceptionthewithway,-of-rightpublicasdedicatedbenotwillLaneZimmermandirection,ACHD“Per Addition of one condition:•In agreement with conditions identified in the Staff Report• THANK YOU NN Summary:loaded-designation, including alleyHD -consistent with MProvides variety of housing types •targetsstill hitting TMISAP density Provides 35% open space while •mile collector-Provides mid•site constraintsMeets goals of TMISAP despite •NN TRANSPORTATION NETWORK NN Zimmerman Lane NN Lane to the adjacent landownersDedicate portions of Zimmerman •St. and Chairlift St.Dedicate ROW to ACHD for Atomic •Remove from Annexation• CARPORT DESIGN NN COMMON DRIVE NN SURROUNDING DEVELOPMENT DENSITY NN HENLEY STATION NN HENLEY STATION NN SAMPLE LANDSCAPING OF HOMESITES NN MULTI NN 221 Covered Spaces (216 Required)442 Parking Spaces (418 Required)216 Apartment unitsfamily Buildings-10.44 Ac. -+/family Chalets-Multi FAMILY COMPONENT- PEDESTRIAN NN ConnectionsPathway Sidewalk and CONNECTIVITY ON NN requirements family areas exceed code -family residential side-on the singleOver one additional stall per home Parking Stallsstreet -STREET PARKING- PROJECT AMENITIES NN Attractive landscapingShade structurePlay structuresLarge grass play area Seating benchesClimbing DomeSwingsPlaygroundLarge 1 Ac. Park Family Residential Area-Single PROJECT AMENITIES NN Attractive landscapingPicnic AreaBike Repair StationClean Up StationDog ParkChanging RoomsPoolWork CenterClub HouseFamily Chalet Area-Multi HOUSING EXAMPLES NN Chaletsfamily-Multi KEY COMPREHENSIVE PLAN POLICIES NN buffering, screening, transitional densities, and other best site design practices.” (3.07.01A). “Require all new development to create a site design compatible with surrounding uses through •in design and construction.” (2.02.02F). Ensure that new development within existing residential neighborhoods is cohesive and complementary •housing types throughout the City. (2.01.01G). in any geographical area; provide for diverse Avoid the concentration of any one housing type or lot size •Meridian's present and future residents.” (2.01.02D). that meet the needs, preferences, and financial capabilities of variety of housing types “Encourage a • SOUTHERN NN CONNECTIONPLAT SOUTHERN PLAT CONNECTION NN UTILITY AND PUBLIC SERVICES NN SchoolsDistrict has Current CapacityWest Ada School DistrictTransportationTIS Approved by ACHD5 min Response TimeEmergency ServicesAvailablePower and Gas Capacity AvailableSewer and Water Capacity Public Utilities WASD STUDENT POPULATION TRENDS NN Fewer School Age Children= Aging Population Demographic + Older Buyers Homeowner Demographics: District Wide School Capacity Vs. Actual Students 324-11,87411,55012)- High (96398,6119,2508)-Middle (65,56216,36321,9255)-Elementary (KSeats Available23-22Capacity NEWKIRK NEIGHBORHOOD CHARACTERISTICS NN the same schoolEmpty NestersYoung ProfessionalsHome Buyer Profile finishes / yardsHigh quality, but low maintenance Smaller, more manageable lotsNeighborhood Characteristics 92 Homes–Edington 212 Homes–Stapleton 102 Homes (Boise)–Moxie Ridge 220 Homes–Verado 189 Homes–Movado 77 Homes–Solterra Similar Developments