Loading...
HomeMy WebLinkAbout2023-04-11 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, April 11, 2023 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilman Joe Borton Councilwoman Liz Strader PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 1. Approve the Minutes of the March 28, 2023 City Council Regular Meeting 2. Sherwin Williams Water Main Easement 3. Poiema Subdivision Water Main Easement 4. Poiema Subdivision Sanitary Sewer Easement No. 1 5. Final Plat for Friendship Subdivision (FP-2022-0001) by Centurion Engineers, Inc., generally located at 6168 Elk Ranch Ln. 6. Findings of Fact, Conclusions of Law 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. 7. Development Agreement (Kingstown Subdivision H-2022-0045) Between the City of Meridian and High Lakes LLC (Owner) and E5 Holdings LLC (Developer) for Property Located at 2610 E. Jasmine St. ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PROCLAMATIONS \[Action Item\] 8. Month of the Military Child Proclamation PUBLIC FORUM – Future Meeting Topics ACTION ITEMS 9. Resolution No. 23-2382: A Resolution Establishing the Appointment of Vassil Ivanov to Seat 4, Crystal Paulson to Seat 7, and Brecken Bird to Seat 8 of the Meridian Arts Commission; and Providing an Effective Date Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Overton. Voting Yea: Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 10. Public Hearing continued from March 28, 2023 for Newkirk Neighborhood (H- 2022-0088) by Conger Group, located at 4250 W. Franklin Rd. Approved 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 approve made by Councilwoman Perreault, Seconded by Councilman Overton. Voting Yea: Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener ORDINANCES \[Action Item\] 11. Ordinance No. 23-2014: An ordinance (Kingstown Subdivision H-2022-0045) annexing all of Lot 4, Block 1, Jasmin Acres Subdivision as filed in Book 59 of Plats at Pages 5829 and 5830, records of Ada County, Idaho, located in the northeast quarter of the southeast quarter and the northwest quarter of the southeast quarter of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit “A,” rezoning 8.20 acres of such real property from RUT (Rural-Urban Transition) Zoning to R-8 (Medium- Density Residential) Zoning District; directing city staff to alter all use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Approved Motion to approve made by Councilman Cavener, Seconded by Councilwoman Perreault. Voting Yea: Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener FUTURE MEETING TOPICS ADJOURNMENT 6:24 p.m. Meridian City Council April 11, 2023. A Meeting of the Meridian City Council was called to order at 6.01 p.m. Tuesday, April 11 , 2023, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglun, Luke Cavener, Jessica Perreault and John Overton. Members Absent: Joe Borton and Liz Strader. Also present: Chris Johnson, Bill Nary, Bill Parsons, Mark Ford, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader Joe Borton _X_ Brad Hoaglun _X_ John Overton _X_ Jessica Perreault _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is April 11, 2023. It's 6.01 p.m. We will begin this regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: We had no one signed up under the community invocation. ADOPTION OF AGENDA Simison: So, we will move on to adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we adopt the agenda as published. Cavener: Second. Meridian City Council April 11,2023 Page 2 of 11 Simison: I have a motion and a second to adopt the agenda as published. Is there discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve the Minutes of the March 28, 2023 City Council Regular Meeting 2. Sherwin Williams Water Main Easement 3. Poiema Subdivision Water Main Easement 4. Poiema Subdivision Sanitary Sewer Easement No. 1 5. Final Plat for Friendship Subdivision (FP-2022-0001) by Centurion Engineers, Inc., generally located at 6168 Elk Ranch Ln. 6. Findings of Fact, Conclusions of Law for Rackham East Annexation and Rezone (H2O22-0085) 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. 7. Development Agreement (Kingstown Subdivision H-2022-0045) Between the City of Meridian and High Lakes LLC (Owner) and E5 Holdings LLC (Developer) for Property Located at 2610 E. Jasmine St. Simison: Next item up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Cavener: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. Meridian City Council April 11,2023 Page 3 of 11 MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items removed from the Consent Agenda. PROCLAMATIONS [Action Item] 8. Month of the Military Child Proclamation Simison: So, we will move on with proclamations and the proclamation tonight is the month of the -- Month of the Military Child and if I could have those joining us -- Alyson with the Child and Youth Coordinator for the Idaho National Guard. Halle Allen, Avery Mclrvin, Alexis Pittman, Sergeant Moore join me at the podium that would be great. So — so, one of the things I don't like to do is steal your thunder by talking a lot about what we are here to do this evening. But we are here to celebrate the Month of the Military Child and on April 1 st we did have the honor of welcoming a new business to Meridian, Skyhawk at Settler's Park on the 1st and it was great being a veteran and there to support our community and families and had some military family children there as well and so it was -- it was great from that standpoint. So, I will read the proclamation and, then, I will turn it all over to you to talk about this -- this month and what you are all focusing on. So, whereas April is the Month of the Military Child and is an opportunity to recognize military children for their courage, personal sacrifices and resilient spirit and whereas the strength of our Armed Forces comes not just from those who wear the uniform, but from their families who will also serve on behalf of our country and whereas military children continue to make significant contributions to family, community, as they endure prolonged and repeated absences of one or both parents and adjust to families moving on average every two to three years and changing schools and whereas these children and youth are a source of pride and honor to -- and honor to us all and it is only fitting that we take time to recognize their contributions and celebrate their spirit and whereas the Month of the Military Child will recognize the military children serve to — and citizens of Meridian will be afforded the opportunity to don the color purple every Friday in April in support of these children. Therefore, I, Mayor Robert E. Simison, hereby proclaim April 2023 as month at the Military Child in the City of Meridian and encourage the residents of our community and communities across the country to observe the month for military kids and to wear or display purple on April 14th for purple up day to honor, support and thank military children, dated this 11th day of April 2023. So, thank you for being here and we are very honored and privileged to support you in this endeavor. Mclrvin: Thank you so much to the City of Meridian and our Mayor for recognizing this month as the Month of the Military Child. We are so proud of our military youth. They do not choose to serve or to sacrifice and yet they still do every single day. They don't choose on where they move, but they still bloom where they are planted. We are so proud of them as they grow into these beautiful people showing -- showing courageous and encouragement as they go through life. We are so proud of our military kids. Meridian City Council April 11,2023 Page 4 of 11 Thank you so much for recognizing Month of the Military Child and I hope you all have a great day. Thank you. Simison: So, Council, I don't think you are going to see that same energy from the wrestlers next week from Meridian High School. They seem to -- they are a little bit more down, but that was some positive energy this evening. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Can next month be Month of the Parents of Military Children? That's a stressful role, too. PUBLIC FORUM — Future Meeting Topics Simison: Amen. All right. So, with that we will move into Public Forum. Mr. Clerk, did we have anyone sign up? Johnson: Mr. Mayor, we did not. ACTION ITEMS 9. Resolution No. 23-2382: A Resolution Establishing the Appointment of Vassil Ivanov to Seat 4, Crystal Paulson to Seat 7, and Brecken Bird to Seat 8 of the Meridian Arts Commission; and Providing an Effective Date Simison: Okay. Then we will go on to Action Items. Our first Action Item up is Item 9, which is Resolution No. 23-2382, a resolution establishing the appointment of Vassil Ivanov to Seat 4, Crystal Paulson to Seat 7 and Brecken Bird to Seat 8 of the Meridian Arts Commission and providing an effective date. So, Council, as I always do, I sat down with our applications -- our applicants for this commission and was joined by the chair of the Arts Commission where we interviewed and found the three people that would help round out and fill the needs of the commission. We have artists. We have educators. We have youth in that regards. I don't know if -- how many of you have been over to unBound and have seen Vassil, but he's over there. You know, definitely brings a different perspective from -- coming from a larger city into our local community, but also chose our community because it wasn't a larger city, you know, in that regards for living here and, you know, wanting to get re-involved in the arts in this community as he has now established his career and Crystal, obviously, with her focus as an educator in the arts for kids. It's definitely a different unique aspect for — that can help maybe a different -- different avenue for the exhibition. That's really -- to a certain extent you are looking for people that have skills, you are looking for people that have passion, you are not just looking for people who just want to go do the exact same thing the Arts Commission has always done either. You know, you want to bring people that have Meridian City Council April 11,2023 Page 5 of 11 their own unique elements that they can contribute to that factor. And, then, Brecken is really -- you know, she is a practicing artist. You know, that's really where she is living in that realm and, you know, the view of being able to display art, you know, some of those elements that come, you know, from the artist's perspective, whether it's what we do in Initial Point or what we need more of in the community, you know, from that focus. So, they all brought a very different aspect to what they can do to help the arts be fostered from the Arts Commission. So, I am excited to recommend these three individuals to serve in this role and capacity and I would be happy to answer any questions you may have. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I think these are some great appointments and help round out our Arts Commission and so, Mr. Mayor, I would move that we approve Resolution No. 23-2382 appointing Vassil Ivanov to Seat 4, Crystal Paulson to Seat 7 and Brecken Bird to Seat 8 of the Meridian Arts Commission. Overton: Second. Simison: Have a motion and a second. Do I have any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the resolution is agreed to. Thank you very much. MOTION CARRIED: FOUR AYES. TWO ABSENT. 10. Public Hearing continued from March 28, 2023 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. Simison: Next item up is Item 10, which is a public hearing continued from March 28, 2023, for Newkirk Neighborhood, H-2022-0088. We will continue this public hearing with staff comments. Parsons: Thank you, Mayor, Members of the Council. Happy to be here tonight with you. As you recall, this — this item was heard on March 28 and the Council actually requested the continuance to allow the applicant and staff to come back before you and address some of the concerns and come up with some appropriate conditions of Meridian City Council April 11,2023 Page 6 of 11 approval to go along with this project. During that last hearing there were a couple of major items that were discussed. One was how we were going to handle the removal of Zimmerman Lane, which is this flag lot here — or this little sliver of parcel that touches Franklin Road and runs north and south. How we are going to address the removal of that from both the annexation and the plat boundary and, then, second part of that was how was the ownership or conveyance of that property to the county parcels to the west and, then, the Council also spent some time on maintenance of the triangle -- triangle parcel that was supposed to be dedicated to Nampa-Meridian as part of maintenance of the Kennedy Lateral. I also had some questions from Council Woman Perreault this afternoon that I just want to provide some clarification as well and she had asked me about the alternative compliance requests for the common driveway that will occur with the final plat and I just -- I shared with her the reason -- typically the code does require no more than three units on a common driveway when it's on one -- one side of a common driveway and the fourth one should be opposite of that. But in this particular case the applicant is proposing all attached units along that boundary and so in keeping with the design theme as proposed by the applicant, we were supportive of them going through the alternative compliance process with the final plat to make sure that there is not just one single family detached home mixed in with the remainder of the attached units and that's where we are probably going to land on our recommendation of approval for that -- that alternative compliance request. But at least wanted to put that on the record as why we would more than likely be supporting that request with their final plat. You can see here the applicant did provide revised annexation boundary and a preliminary plat with the removal of that right -- that roadway essentially. The applicant will be providing you an update on the progress that they have had made in the last couple of weeks. But I think the biggest lift that we made and the applicant's in agreement with is the specific condition of approval that I have on the slide in front of you and that's the -- that's the DA provision or the requirement for the conveyance of the right of way and the timing for that to occur and as you -- as you recall we spent quite a bit of time on that and so, again, staff's recommendation before City Council tonight is that we do not record the annexation or execute the development agreement until that property boundary adjustment is done. So, we can go ahead and approve the findings, let them continue to work through the county's process. Once we -- once they have proved up that the county has approved that property boundary adjustment, we will make sure that the ordinance and the recorded development agreement is on your agenda for approval and that will conclude the annexation and the new boundary of the plat and remove Zimmerman Lane and that will allow the applicant to work with the three adjacent property owners to convey ownership of Zimmerman Lane and, then, prior to signature on the first phase of a final plat the applicant will demonstrate that they have completed that and we feel like that's a good compromise. I have worked with the applicant, also worked with the city's attorney's office and we feel comfortable with this language tonight. Again, the applicant will -- the applicant also met with Nampa- Meridian Irrigation District and they have informed them that they do not want the triangular -- triangle property as I previously discussed or disclosed at the last hearing. So, essentially, staff is recommending that you strike DA provision 1-C as it is no longer relevant. But staff would recommend that you add a new condition of approval that the -- the amended plat or whatever phase -- second phase of the final plat, the applicant Meridian City Council April 11,2023 Page 7 of 11 would include that as a common lot and it's to be owned and maintained in -- for owners association, which is consistent with the UDC. Again, those were the outstanding issues. Staff's new condition that is mentioned to and the one presented to you tonight on the screen is what we are recommending for changes and I'm happy to stand for any questions you may have. Simison: Thank you, Bill. Council, questions for staff? Okay. Thank you very much. Would the applicant like to come forward and make any comments? Clark: Mr. Mayor, Members of the Council, good to see everybody. Hethe Clark. 251 East Front Street in Boise, representing the applicant, and I will be quick, but, you know, essentially, what we are trying to do tonight is to just kind of give you an update from what we discussed a couple of weeks ago. So, as mentioned before, just to kind of make sure everybody's back up to speed, you know, this is a project we feel strongly meets the goals of the Ten Mile Plan. We worked through all of these odd -- oddities and challenges of the site. We are providing the mid mile collector, which is very important for the area, because it unlocks the traffic solutions that are needed in that area. We have the 35 percent open space, but still hit the density targets and we have got a variety of housing types, including the alley loaded that has been discussed at the last hearing and, again, we are in agreement with Planning and Zoning's recommendation and staff's conditions. So, just to kind of bring you up to speed on the items that we talked about two weeks ago, as Bill mentioned we have been in touch about the condition regarding Zimmerman Lane and the land transfer and we are in agreement with that language. With regard to the Zimmerman Lane transfer — the transfer is actually going to happen. We have had additional conversations with all three of the property owners that will be receiving property. We have prepared an LOI with each of them. Two of them have signed. The third one it's out at the attorney's office for review and you know how attorneys are. The next piece, just to confirm Bill's points on the triangle parcel, we discussed that with Nampa-Meridian, they don't want the -- we are fine with calling that a common area. That's what it should be if it's not going to go to a third party and we did discuss with them maintenance. There is not going to be an issue with allowing for maintenance of that. To -- Council Member Borton asked a question about whether we would reach out to the apartment complex that's to the east of us to talk about maybe some sort of joint maintenance. We have sent a certified letter to the owner. We will — we will track that one down. In some ways that makes a lot of sense, so -- and, then, finally, as Bill mentioned, we have at staff's request provided the updated annexation legal, the updated preliminary plat documents and, then, Bill and I discussed Condition 1-C today and agreed that it made sense to remove that and, then, replace it with the common area requirement. So, with that I think that we are all on the same page with staff. We have -- you know, we are, again, in agreement with the Planning and Zoning recommendation. I'm happy to answer any -- any final questions, but I think we have done all of our homework so far. Simison: Thank you, Hethe. Council, questions for the applicant? Perreault: Mr. Mayor? Meridian City Council April 11,2023 Page 8 of 11 Simison: Council Woman Perreault. Perreault: Hethe, I didn't see the annexation legal and revised preliminary plat in our packet. So, is that something that was sent just today or the last couple of days and has staff had time to -- had time to review it? Clark: I will let Bill answer that one. Parsons: Yeah. Mayor, Council, after the hearing I asked the applicant to submit that just in -- because we were anticipating some findings being adopted on the same hearing night as 3/28 and so that didn't happen. So, no, I did not want to get that forwarded or looked at until we had this discussion tonight. So, I have had a chance to look at it. It is consistent with what we have talked about at both hearings, but I just wanted to make sure that before we put too much out into the public record that you guys were comfortable with him moving forward with that being removed and, of course, the findings and the record will reflect those revised documents if that's your desire to take action on this tonight. Simison: Okay. Any additional questions? Thank you, Hethe. I wouldn't go far or don't -- we don't have anybody online. Is there anybody in the audience that would like to provide testimony on this item? No one is jumping up. Does the applicant waive any final comments? Okay. Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we close the public hearing for Newkirk -- Newkirk Neighborhood, H-2022-0088. Cavener: Second. Simison: Motion and second to close public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I will make a motion. I don't see anyone that's jumping to speak, so after considering all staff, applicant, and public testimony, I move to approve File No. H- 2022-0088 as presented in the staff report for the hearing date of April 11 , 2023, Meridian City Council April 11,2023 Page 9 of 11 deleting Condition 1-C from the staff report, which requires the conveyance of irrigation district property. Overton: Second. Simison: Have a motion and a second. Is there discussion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Bill, is that sufficient? Do we need to add the — the part two to that -- add a new condition that the lot be added as a common lot and owned and maintained by the owners association in accordance with our city code? Parsons: Yes, please. And that doesn't necessarily need to be in the development agreement. It can be just part of the —the plat and landscape plan conditions. Perreault: First agrees. Overton: Second agrees. Simison: First and second agree. Is there further discussion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: It's not something I think needs to be included in the motion, but maybe a request for you to have staff reach out to the highway district. I do have some concerns, you know, as -- as Aviator gets punched through we are going to create a challenge both for the school and, frankly, for these future residents of parents leaving the school going through their neighborhood at high speed. So, I think we, as a Council, discussed accelerating Black Cat improvements as part of our previous conversation around ACHD improvements. I just think maybe a request to them that in light of this development we may want to have them even start looking at that even sooner. Simison: Any additional comments? Then Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, absent; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you very much. MOTION CARRIED: FOUR AYES. TWO ABSENT. Meridian City Council April 11,2023 Page 10 of 11 ORDINANCES [Action Item] 11. Ordinance No. 23-2014: An ordinance (Kingstown Subdivision H- 2022-0045) annexing all of Lot 4, Block 1, Jasmin Acres Subdivision as filed in Book 59 of Plats at Pages 5829 and 5830, records of Ada County, Idaho, located in the northeast quarter of the southeast quarter and the northwest quarter of the southeast quarter of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 8.20 acres of such real property from RUT (Rural-Urban Transition) Zoning to R-8 (MediumDensity Residential) Zoning District; directing city staff to alter all use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: With that we will move on to Item 11, ordinances, which is Ordinance No. 23- 2014. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to Kingstown Subdivision, H- 2022-0045, annexing all of Lot 4, Block 1 , Jasmin Acres Subdivision as filed in Book 59 of Plats at Pages 5829 and 5830, records of Ada County, Idaho, located in the northeast quarter of the southeast quarter of the northwest quarter of the southeast quarter of Section 32, Township 4 North, Range 1 East, Boise meridian, Ada county, Idaho, more particularly described in Exhibit "A," rezoning 8.20 acres of such real property from RUT (Rural-Urban Transition) Zoning to R-8 (Medium Density Residential) Zoning District; directing city staff to alter all use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not do I have a motion? Cavener: Mr. Mayor? Simison: Councilman Hoaglun — or Councilman Cavener. Cavener: Move we approve Ordinance 23-2014 with suspension of rules. Perreault: Second. Meridian City Council April 11,2023 Page 11 of 11 Simison: Have a motion and a second to approve the ordinance under suspension of the rules. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, absent; Cavener, yea; Perreault, yea; Strader, absent; Overton, yea. Simison: All ayes. Motion carries and the ordinance is agreed to. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Or do I have a motion to adjourn? Hoaglun: Mr. Mayor, I move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 6.24 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON ATTEST: 4-25-2023 CHRIS JOHNSON - CITY CLERK E IDIAN;--- AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Counicl may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. i i CITY OF MERIDIAN CITY COUNCIL I PUBLIC FORUM SIGN-IN SHEET Date: April 11, 2023 Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic. Please observe the following rules of the Public Forum: • DO NOT: o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals, business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3-minute time limit (you may be interrupted if your topic is deemed inappropriate for this forum) Name (please print) Brief Description of Discussion Topic E IDIAN --- AGENDA ITEM ITEM TOPIC: Approve the Minutes of the March 28, 2023 City Council Regular Meeting 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 --- AGENDA ITEM ITEM TOPIC: Sherwin Williams Water Main Easement Project Name(Subdivision): Sherwin Williams ADA COUNTY RECORDER Trent Tripple 2023-020870 Watei-Main Easement Number: BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/12/2023 08:14 AM CITY OF MERIDIAN, IDAHO NO FEE Identify this Easement by sequential number if Project contains more than one Water Main easement. (See histructions for additional inforrnation). WATER MAIN EASEMENT THIS Easement Agreement, made this I Ith day of April , 20_23_ between Yick Yee Family Company, LLP ("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 all easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and 13) 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, blush, or perennial sbrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for tyre 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: STATE OF 71fl ) ss County of Ad- - ) This record was acknowledged before me on (date)(date) by Adam Yee (name of individual), [complete the following if signing in a representative capacity, or-strike the folloiving if signing in an individual capacity] on behalf of Yick Yee Family Company, LLp (name of entity on behalf of whom record was executed), in the following representative capacity: Partner (type of authority such as officer or trustee) (stamp) ZACHARY ZIGICH Nota gnature NOTARY PUBLIC-STATE OF COLORADO My Commission Expires: //1 Z NOTARY ID 20144046359 MY COMMISSION EXPIRES MAR 19, 2025 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Siniison, Mayor 4-11-2023 Attest by Chris Johnson, City Clerk 4-11-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 4-11-2023 (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 km E N G I N E E P, 1 N G March 22,2023 Project No.22-122 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement over a portion of Lot 17,Block 2 of TM Creek Subdivision No.2(Book 112 of Plats, Pages 16402-16407),situated in the Northwest 1/4 of the Northwest 1/4 of Section 14,Township 3 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found 1/2-inch rebar marking the Southeast corner of said Lot 17,which bears S00°33'31"W a distance of 188.79 feet from a found 1/2-inch rebar marking the Northeast corner of said Lot 17,thence following the easterly boundary line of said Lot 17, N00°33'31"E a distance of 25.64 feet to an existing Access and Utilities Easement as described per Instrument No.2017-106869; Thence leaving said easterly boundary line and following said existing easement a distance of44.12 feet along the arc of a curve to the left,said curve having a radius of 200.50 feet,a delta angle of 12°36'28",a chord bearing of S78°33'03"W and a chord distance of44.03 feet to the POINT OF BEGINNING. Thence following said existing easement,21.43 feet along the arc of a curve to the left,said curve having a radius of 200.50 feet,a delta angle of 06°07'22",a chord bearing of S69°11'08"W and a chord distance of 21.42 feet; Thence leaving said existing easement, N00°02'37"W a distance of 18.00 feet; Thence N89°57'23"E a distance of 20.02 feet; Thence 500'05'13"E a distance of 10.40 feet to the POINT OF BEGINNING. Said parcel contains 280 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions, deeds,records of surreys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. O,�Nt. L A No S � o a 6 z 9 lF OF `pP� �<< HYNS3 3/2 Z12o23 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939. kmengllp.com LEGEND O FOUND 1/2—INCH REBAR ❑ CALCULATED POINT BOUNDARY LINE ADJACENT BOUNDARY LINE NORTHEAST CORNER ———————— EASEMENT LINE LOT 17 `aN'NL LANq S \'1C E N Se4 LINE TABLE o cn I a 0 6 LINE BEARING DISTANCE L1 NOO'02'37"W 18.00 lF OF 0 O v I L2 N89•57'23"E 20.02 7�� H1'NSO p L3 S00'05'1YE 10.40 3 Z212023 ru CURVE TABLE ;n m rD I CURVE RADIUS LENGTH DELTA CHORD BRG CHORD C1 200.50' 44.12' 12'36'28" S78'33'03"W 44.03 m 18 w LL C2 200.50' 21,43' 6'07'22" S69'1 1'08"W 21.42' o rn Cf) � V) � m z SM E \p\.O�5 06a69 Np 2 Lot 17, Block 2 TM Creek Subdivision No. 2 o PER 3 o � N \ N EASEMENT AREA L2/ POINT OF ✓ LID COMMENCEMENT POINT OF N SOUTHEAST CORNER BEGINNING LOT 17 Y O ry ti N 2 2 w N 3 0 30 60 90 0 N m Plan Scale: 1" = 30' ki" E N G I N E E R I N G _m 5725 NORTH DISCOVERY WAY = BOISE,IDAHO 83713 x i PHONE(208)639.6939 Exhibit B w kmengllp.com City of Meridian Water Easement Z) DATE: March,2023 PROJECT: 22-122 " SHEET: A portion of Lot 17,Block 2 of TM Creek Subdivision No.2,situated in the Northwest 1/4 of the Northwest 1/4 a 1 OF 1 of Section 14,Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho 20.02 n89°5723"e N O O o O O = .A w O O _ O � o D]O O{J O IN J Title: Date: 03-22-2023 Scale: 1 inch= 10 feet File: Tract 1: 0.006 Acres: 280 Sq Feet:Closure=s36.5329w 0.01 Feet: Precision=1/10517: Perimeter— 70 Feet 001:L.R=Z00.50,Delta�6.0722 003=�189.5723e 20.Q2 13na sG9.1106w,Chd=21.42 002=n00.0237w 18.00 004=s00.0513e 10.40 E IDIAN --- AGENDA ITEM ITEM TOPIC: Poiema Subdivision Water Main Easement Pro'ect Name(Subdivision): PQIet7ma Subdivision ADA COUNTY RECORDER Trent Tripple 2023-020868 BOISE IDAHO Pgs=5 CHE FOWLER 04/12/2023 08:13 AM water Main Easement Number; � CITY OF MERIDIAN, IDAHO NO FEE identify this Easement by sequential number if Projeot contains more than one Water Main easement, (See Instructions for additional informa(ion), WATER MAIN EASEMENT THIS Easement Agreement, made this I I th day of April 20 23 between"""y Chapal Treasure Valley,Inc _-, .. .. ("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 01/01I2420 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 fiuther 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 GRANTQR 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. -rftA% GRANTOR: Calvery Chapel T all ei:r- l STATE OF IDAHO } ss County of Ada ) This record was acknowledged before me on (date) by (name of individual), [complete the following i 1si Ming in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Awew (name of entity on behalf of whom record was executed), in the following representative V tiZu� capacity: ,�� (type of authority such as officer or trustee) 1 (stamp) f,04%soMflftf`fg Notary Signature ++. AVE L , My Commission Expires: �-�Z63(45' �yOTgRY,�' $� s PUB L1C 0: ''•a TF,OF�tDQ;,••'' Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 4-11-2023 Attest by Chris Johnson, City Clerk 4-11-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 4-1 1�2_023 (date) by Robert Ia. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature 3-28-2028 My Commission Expires: .j Water Main Easement Version 01/01/2020 Exhibit A Le aq lI Description City of Meridian Wafter Main Easment Poiema Subdivision An easement being located in the NE Y4 of the NW 1/ of Section 4, Township 2 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an Aluminum Cap monument marking the northeast corner of said NW%, from which an Aluminum Cap monument marking the northwest corner of said NW%bears S 89°56'26" W a distance of 2651,70 feet; Thence along the easterly boundary of said NW '/ S 0037'05" W a distance of 679.35 feet to a point; Thence leaving said boundary N 89°22'55" W a distance of 415.67 feet to the POINT OF BEGINNING; Thence S 55056'26" W a distance of 20.00 feet to a point; Thence N 34"04'11" W a distance of 709.25 feet to a point; Thence N 0°03'34" W a distance of 40.86 feet to a point; Thence N 89056'26" E a distance of 20.00 feet to a point; Thence S 0°03'34" E a distance of 34.76 feet to a point; Thence S 34004'11" E a distance of 377.52 feet to a point; Thence N 55"55'49" E a distance of 17.00 feet to a point; Thence S 34004'11" E a distance of 20,00 feet to a point; Thence S 55°55'49" W a distance of 17,00 feet to a point; Thence S 34"04'11" E a distance of 305.62 feet to the POINT OF BEGINNING. This easement contains 15,220 square feet (0.35 acres) and is subject to any other easements existing or in use_ \o�K1- tANpS 5� � Clinton W. Hansen, PLS �57,-- 1 Land Solutions, PC March 23, 2023 1 1 1 1 8 r � 0V �0�� �CNW , NP , Poiema Subdiviison wl.1i�' I'E -0. Meridian Water Easement �,. Land Surveying and cnnfuning Job No.20-75 Page 1 of 1 Exhibit B CITY OF MERIDIAN WATER MAIN EASEMENT POJEMA SUBDIVISION LOCATED IN THE NE 114 OF THE NW 1/4 OF SECTION 4, T.2N., RAE,, $.M. CITY OF MERIDIAN,ADA COUNTY, IDAHO BASIS OF BEARING E, LAKE HAZEL RD. 33 1/4 32 33 S89'56'26"W 2651.70' 5 4 L3 C) N ` Q LINE FABLE - \ LINE # LENGTH BEARING — -�-�-I L1 20.00' S55'56'26"W —� \ << L2 40.86' NO'03'34"W L3 20.00' N89'56'26"E cA1 L4 34.75' SO'OS34"E C6 \ \ Ko��y L5 IT00' N55'55'49"E `�o;: <1' L6 20.00' S34'04'11"E "v L7 17,00' S55'55'49"W \•��\gyp POINT OF BEGINNING ____-_-_._. _ I \' / N8922'55"W 415,67'.•:-- �li.. r\ --�J54 1/4 LA Np O C N11118 � d o P hand surveying and Consulting U 7� so' 300' ��,y �� nE �o �--�"� 231 E.5TH ST..STE,A TID 83642 OE Yt Y\ (205)200.20401A ��! N. (20¢)206 2557 fax 1VPIW.fBndsoSuli�(FS.biX JOD Kd.20-75 77771 E IDIAN --- AGENDA ITEM ITEM TOPIC: Poiema Subdivision Sanitary Sewer Easement No. 1 ADA COUNTY RECORDER Trent Tripple 2023-020869 Prolect Naijle fSubdivision): BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 04/12/2023 08:13 AM Polema Subdivison CITY OF MERIDIAN, IDAHO NO FEE Sanitary Sewer Easement Number Identify this Easement by sequential number if Project contains tnore than one sanitary sewer easement. (See Instructions for additional infonnatioa). SANITARY SEWER EASEMENT THIS Easement Agreement, made this I Ith day of April 20 23 between Evns Development LLo ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described- and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement, THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV. 0 1/0 1/2020 THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished, THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers,or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Evans Development t1.G STATE OF IDAHO ) } ss County of Ada ) This record was acluiowledged before me on 3 A3 20zAdate) by 15,9 AM i h C M1l S (name of individual), [complete the following if signing in a jepjesentati4 capacity, or strike the following if signing in an individual capacity] on behalf of CVa is 7�&Vd6�LL� (name of entity on behalf of whom record was executed), in the following representative capacity. ItilQ� _(type of authority such as officer or trustee) w .•`,Q!jnj APS#'•o b p .....••1 , �' ��4 Notary Signature My Commission Expires: w PUB LXG 6 •� .,•••1.� •No;� PLO. �OF'19 Sanitary Sewer Easement REV. 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 4-11-2023 Attest by Chris Johnson, City Clerk 4-11-2023 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 4-11-2023 (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 Sanitary Sewer Easement REV. 01/01/2020 Exhibit A Legal Description City of Meridian Sewer Main Easmlent Poiema Subdivision An easement being located in the NE 1/ of the NW% of Section 4, Township 2 North, Range 1 Cast, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an Aluminum Cap monument marking the northeast corner of said NW%,from which an Aluminum Cap monument marking the northwest corner of said NW%bears S 89056'26" VV a distance of 2651.70 feet; Thence along the easterly boundary of said NW 1/4 S 0037'05" W a distance of 679.35 feet to a point; Thence leaving said boundary N 89°22'55" W a distance of 331.47 feet to the POINT OF BEGINNING; Thence S 34*04'12" E a distance of 300.73 feet to a point; Thence a distance of 9,96 feet along the arc of a 13,00 foot radius non-tangent curve right, said curve having a central angle of 43053'45" and a long chord bearing S 64027'12" W a distance of 9,72 feet to a point of reverse curvature; Thence a distance of 11.44 feet along the arc of a 55.00 foot radius curve left, said curve having a central angle of 11°55'00" and a long chord bearing S 80"26'35" W a distance of 11.42 feet to a point; Thence N 34*04'12" W a distance of 299.15 feet to a point; Thence a distance of 20,54 feet along the arc of a 151.60 foot radius non-tangent curve right, said curve having a central angle of 7646'02" and a long chord bearing N 68'52'52" E a distance of 20.52 feet to the POINT OF BEGINNING. This easement contains 6023 square feet (0.14 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS `nip t l A � Land Solutions, PC �� sT R GAG March 23, 2023OF 111J1 8 TO W . �` A� Poiema Subdivilson .:0 Meridian Sewer Easement �rLend Survcyl"p end Conwltln3 Job No,20-75 Page i of 1 Exhibit B CITY OF MERIDIAN SEWER MAIN EASEMENT POIEMA SUBDIVISION LOCATED IN THE NE 1/4 OF THE NW 1/4 OF SECTION 4, T.2N., R.I E., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO BASIS of BEARING E, LAKE HAZEL RD. 32 33 S89'56'26"W 2651.70' 33 i/4 5 4 I _ O [y —- LLI LLJ �I 06 �1 ©i I ty CURVE TABLE CURVE # LENGTH RADIUS DELTA BEARING CHORD ?,{ C1 9-96, 13.00' 43'53'45" S64'27'12"W 9.72' 4� C2 11.44' 55.00' 11'55`00" S80'26'35"W 11.42' { C3 20,54 151.5C 7'46'02" - N68'52'52' 2fl,52' t POINT OF ;----- ,-BEGINNING 1 N89'22'55"W..�331,47'—'-- J54 /yips 1/4 ors' i I In pal.LA Np S T� q q 0. 11 8Lin fullons A Nam, Z��3o z s O' 75' 150, 30 rn 0` T� F \�P r� Land Surveying and Consulting g 231 E.5TH$r.,s .A IVw P� MERIDIAN,ID 63542 ♦Y (200)288-2040 f2083208.2557fax %vm0anasolutions.b1z im 1I0.20-75 _ E IDIAN --- AGENDA ITEM ITEM TOPIC: Final Plat for Friendship Subdivision (FP-2022-0001) by Centurion Engineers, Inc., generally located at 6168 Elk Ranch Ln. STAFF REPORT0-/WE COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING April 11,2023 Legend DATE: E"Project Location TO: Mayor&City Council FROM: Stacy Hersh,Associate Planner „^ 208-884-5533 SUBJECT: FP-2023-0001 + Friendship Subdivision-FP LOCATION: 6168 Elk Ranch Lane in the Northeast 1/4 of the Northwest 1/4 of Section 30, TAN.,R.IE. L PROJECT DESCRIPTION The Applicant requests approval of a final plat consisting of 38 single-family residential buildable lots and 7 common lots on 10.06 acres of land in the R-8 zoning district. IL APPLICANT INFORMATION A. Applicant: Anna Canning,Centurion B&A Engineers—2323 S.Vista Avenue, Ste. 206,Boise, ID 83705 B. Owner: Diana Luoma,TAB Holdings,LLC—3405 Overland Road, Ste. 360,Meridian,ID 83702 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2021-0083)in accord with the requirements listed in UDC 11-613-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed final plat and the number of buildable lots has decreased from 41 buildable lots to 38 buildable lots and the amount of common open space area is the same. If the Applicant is amenable, Staff recommends connecting the pathway to the driveway on the northwest corner of the site to provide a pedestrian connection with the church property to the north. Staff deems the Pagel proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat per the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 2/22/2022) 7; 4 jl 1 0 © I1 s II O O -- =III I• :; II I� o� 'O _ � .s... $ o i o II •� ! �pp� 4 ge I _.®i I.i �I. .I --- s 3 0 o ij o ID o } END t �F Page 3 B. Final Plat(dated: 1/24/23) Friendshiv Subdivision L ` :ma's o _�..... ;W-W. Inn—W : ut a i • ' Jq- a. 47 n ® I C _ --a Tallinn �'a� «IR i\Wrt!—__e.T_- ,,luR,� R. .5�, A -4, Q ti -Q. CENTURION ENGINEERS.INC. _ t��s.Tm+be Sx.20618eer.onros wrYwY eaw C S '•xrw��.w.<er..q.wn 6.pmrP('sym No.35WmvIvoo �R hOIxEE! 'wir�s.eeM«' Friendship Subdivision Y CcnlfcatcofOwncrs .. `«`^"..'Cir.:��C »�,w«... e.on 1A.T N. C—Tm1. 1.«w w.n"i...".o:.`""".,.ter.:�..••••mow•• S..R—3 f.C-ifi—.f O—Sip— � 4116 g 4R,34TtlR/0� CENTURION ENGINEERS.INC. za.3u.ru.i........s<.. C. Landscape Plan(dated: 1/20/23) F——- i-- I I --M-1 :-,- - -- f a I s - - ZK lbLI VA LA - ,- � •r � :`'' a 4�i _ 55A El 71 - 0 e--_-C=ter--w l4L ri Page 5 Al- __ � PARK NUIN 3DB2 tl — . — ZINI __ a ..•_.e....—�m_.v � s _ I - .......,.....n..�i......«w-,......�.....r......�n....�wiw.,r �_ m....w_.n _...am. rw �..r. 1�Ii'I :ills CgLIVA Ll ,� a ~-___ _ ���_�-_�___- '��'-_ __ ^_may _- -_ �- _- - - • „�G (OLIVA VI. CITY/AGENCY COMMENTS& CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development [H-2021-0083 (Development Agreement Inst. 92022-045751)]. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of City Council's approval(April 19,2022)of the previous phase final plat; or apply for a time extension,in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgment signed and notarized. 4. The final plat prepared by Centurion Engineers,Inc. stamped by Joseph D. Canning,dated: 1/24/2023,included in Section V.B shall be revised as follows: a. The existing irrigation easement bisecting the property is to be relinquished and replaced with a new easement as depicted on the submitted plans,prior to signature on the final plat. b. Note 92: Include the recorded instrument of the Friendship Subdivision Homeowners' Association Master Declaration of Covenants,Conditions,and Restrictions on the recorded plat. c. Revise Note 45: "Lots shall not be reduced in size without prior approval from the health authority and the City of Meridian." d. Replace Note 410: with"the subdivision is subject to the existing Development Agreement and include the DA instrument number(DA Inst. 92022-045751)." e. Note 914: Include the recorded instrument number of the ADA County Highway District easement. f. Note 915: Include the recorded instrument number of the ADA County Highway District easement. 5. The landscape plan prepared by Olivia Landscape Design dated: 1/20/2023,included in Section V.C, shall be revised as follows: a. All pathways shall be landscaped in accord with UDC 11-3B-12 OR the Applicant shall submit an alternative compliance application if the irrigation district will not allow the required trees to be planted within their easement prior to City Engineer's signature on the final plat. b. Staff recommends the Applicant connect the pathway to the driveway on the northwest corner of the site to provide a pedestrian connection with the Church property to the north if amenable to the Applicant. c. Provide a detail of the shade structure prior to City Engineer's signature on the final plat. d. Revise the proposed fencing on the north and east boundary of the site to be open vision or a semiprivate fence to meet the requirements when abutting a pathway and common open space lots per UDC 11-3A-7A.7. 6. Direct lot access to Chinden Boulevard is prohibited. 7. Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. Page 7 8. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott,at 887-1620 for more information. 9. All ditches shall comply with the provisions for irrigation ditches,laterals,canals and/or drainage courses,as set forth in UDC 11-3A-6.development shall be consistent with 10. Off-street parking is required to be provided for residential uses in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 11. The Applicant shall comply with all conditions of ACHD. 12. The address of the existing home on Lot 9,Block 3 will change with the development of the proposed subdivision.The new address will be determined at the time the final records and the City addresses the lots. B. Public Works Site Specific Conditions: 1. Water mains crossing gravity irrigation must be sleeved per Standard Drawings SW1, SW2, W15-A,W15-B. 2. Sewer main crossing gravity irrigation must be sleeved per Standard Drawings SWI, SW2 3. Adjust sewer and water mains to get as close to as possible (T minimum)to curb/gutter in Cul- de-sac.Adjust manhole in cul-de-sac down and to the right to provide more separation from water main to the gutter while still meeting setback requirements. 4. At the northern boundary,blow-off needs to be 4" per Standard Drawing WI 3. 5. At southern boundary call out removal of blow-off. 6. Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls,fences, infiltration trenches,light poles,etc.)are built within the utility easement. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping,amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-I 4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan Page 9 set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I F map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required.If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. E IDIAN --- AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law 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. CITY OF MERIDIAN -:FINDINGS OF FACT, CONCLUSIONS OF LAWM- 1E IDIAN AND DECISION&ORDER In the Matter of the Request for Rackham East Annexation and Rezone,by Brighton Development, Inc. Case No(s). H-2022-0085 For the City Council Hearing Date of: March 28,2023 (Findings on April 11,2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 28,2023,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 28, 2023, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of March 28,2023, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 28,2023,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 28,2023,incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(RACKHAM EAST ANNEXATION AND REZONE-FILE H-2022-0085) -1- reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation and Rezone is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 28,2023,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner,and conforms substantially to the approved preliminary plat, such segments,if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a),an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted,including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d)and 67-8003,an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of March 28,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(RACKHAM EAST ANNEXATION AND REZONE-FILE H-2022-0085) -2- By action of the City Council at its regular meeting held on the I I th day of April 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 4-11-2023 Attest: Chris Johnson 4-11-2023 City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: Dated: 4-11-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(RACKHAM EAST ANNEXATION AND REZONE-FILE H-2022-0085) -3- EXHIBIT A STAFF REPORT E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT A H 4 HEARING March 28 2023 Legend DATE: no Project Location TO: Mayor&City Council a se oo�aei FROM: Stacy Hersh,Associate Planner � I 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 IE. EEM 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 IE. 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 Page 1 Description Details Page Eagle View Landing Apartments(A-2022-004 ;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 ACHD's 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(CIPu Integrated Five Year Work Plan(IFYWP): Improvements The intersection of Overland Road and Eagle Road is scheduled in the CIP to be widened to p 7-lanes on the north and south legs, and 8-lanes on the east and west legs, and reconstructed/signalized in the future.The design year is listed as 2025 in the IFYWP and the is listed to be 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 2040 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 and 2030. 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 well(s)must be disconnected from any buildings that remain with verification of disconnect by Meridian Public Works Department. Page 2 1 1 1 • ' � III I 1 IN e 1W," � r .� ts $a j 84 l W17��1111111���r c- _ Too ������iN�i�■��_�_' � , OVE�RLAND_ NKLIN IN ■ o nn� � � o � ■ saw !r����i -j W ■� gym•■ p�::i�a i 1',� ■■ ��iextlll���,��i��;1111111����1 ® m OVE�' RLAND _!■�. �OVERLA`N`Di— �� � 540 E-� Mo ■■r;F-�=��:�� Mo = _ � 11 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 notice on site 2/14/2023 3/15/2023 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(42022-026383). 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_ L- a. In favor: Jon Wardle,Brighton Corporation; b. In opposition: Michael Blowers C. Commenting: Jon Wardle, d. Written testimony: None e. Staff presenting application: Stacy Hersh,Associate Planner f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. Traffic concerns with the overall development impactin the he adjacent existing residents. 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issue(s)ssue(s)for City Council: a. None C. The Meridian City Council heard this item on March 28,2023. At the public hearing, the Council moved to approve the subiect Annexation and Rezone request. 1. Summary of the City Council public hearing: a. In favor: Jon Wardle,Brighton Corporation. b. In opposition:None c. Commenting: Jon Wardle,Brighton Corporation d. Written testimony: Lyman Holvoak e. Staff presenting application: Stacy Hersh,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. None Page 5 V. EXHIBITS A. Annexation Legal Description& Exhibit Map kin E N 0 1 N E E R I N 4 December 1b,2022 Project No.:20-219 Exhibit A Legal Description for Annexation Eagle View 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,B.M.,Ada County,Idaho being more particularly described as follows: Commencing at an aluminum cap marking the Center 1/4 corner of said Section 16,which bears NDD'05'15"W a distance of 2,653.59 feet from a brass cap marking the South 1/4 corner of said Section 16,thence following the westerly line of said Northwest 114 of the Southeast 1/4,SOO.05'15"E a distance of 227.22 feet to a S/8-inch rebar on the southerly right-of-way line of Interstate 84; Thence leaving said westerly line and following said southerly right-of-way line,S89.34'32"E a distance of 67236 feet to the POINT OF BEGINNING. Thence following said southerly right-of-way,S89'34'32"E a distance of 482.59 feet to the centerline of the Ridenbaugh Canal and the boundary of Ironwood Subdivision No.3(Book 77 of Plats at Page 8098, recordsofAda County,Idaho); Thence following said centerline and said boundary,512'52'54"W a distance of 17.45 feet; Thence leaving said centerline and said boundary,N89`2S'23'W a distance of 478.72 feet to the Northeast corner of Lot 16,Block 1 of Rolling Hill Subdivision(Book 18 of Plats at Page 1202,records of Ada County,Idaho); Thence NOW00'07"W a distance of 14.37 feet to the POINT OF BEGINNING. Said parcel contains a total of 7,S51 square feet,more or less. Attached hereto is Exhibit B and by this reference is made a part hereof. 5ti 1 CL 2459, 0 57ZS North Oistovery Way•Boise,Idaho 93713•208.639.6939•kmeogllp.com Page 6 POINT OF COMMENCEMENT FOUND ALUMINUM CAP I�CENTER 1/4 CORNER SECTION 16 SOD'05'15'E 227.22 (TIE) Interstate 84 569.34'32"E POW OF BVA Eagle View Office No.5,LLC r672.76' (rIE) BEGINNING Portion of APN R7555000165 R/M S85'34'32"E 482.59' C5�I Un Tatted N89'15'23W 478.72' "'I P N n Annexation Area:7,551±SF m o 1 Unplarted Centerline of the o W;� Rldenbaugh Canal y b I Rolling Hill Subdlvlslon LINE TABLE LINE BEARING DISTANCE O L1 S12'52'54"NI' 17.45 3° e L2 N00'OO'07"W 14.37 I E. Overland Rd. FOUND BRASS GAP d SOUTH 1/4 CORNER SECTION 16 0 100 200 300 R a Plan 5cale:1"=100' Legend FOUND ALUMINUM CAP FOUND BRASS CAP p FOUND 5/8—INCH REBAR o CALCULATED POINT ANNEXATION BOUNDARY LINE a ADJACENT LOT LINE i x SECTION LINE a E N G 1 N E E R 1 N G R/1A R/W RIGHT--OF—WAY LINE s71s NORTM INSCOVM wnr 8015E,OAHO 93713 P110NE120EId39-M39 Exhibit B-Annexation Eagle View Landing DATE: December2022 �G9 PMEV: 20-219 SHEET; A Portion of the NW 1/4 of the SE 1/4 of Section 16 1 OF 1 T31N., R1E., B.M.,Ada County, Idaho Page 7 B. Rezone Legal Description & Exhibit Map lam E N G I N E E R I N G November8,2022 Project No.20-219 Exhibit A Legal Description for Rezone to R-40 Rackham Subdivision A parcel of land being Lots 18 and 19,Block 1 of Rackham Subdivision(Book 120 of Plats at Page 18,582- 18,588,records 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 follows: Commencing at an aluminum cap marking the Center 1/4 corner of said Section 16,which bears N00'05'15"W a distance of 2,653.59 feet from a brass cap marking the South 1/4 corner of said Section 16,thence following the easterly line of said Northeast 1/4 of the Southwest 114,S00'05'15"E a distance of 650.45 feet to a 5/8-Inch rebar on the easterly subdivision boundary of Rackham Subdivision and being the POINT OF BEGINNING. Thence following said easterly line,S00°05'15"E a distance of 676.35 feet to an aluminurn cap marking the Center-South 1/16 corner of said Sectian 16 and being on the southerly line of said Northeast 1/4 of the Southwest 1/4 of said Section 16; Thence leaving said easterly line and following said southerly line,N89'14'11"W a distance of 278.91 feet to a 5/8-Inch rebar on the westerly line of Lot 18 of Rackham Subdivision; Thence leaving said southerly line and following said westerly line,N00'45'10"E a distance of 574.11 feet to a 5/8-Inch rebar on the northerly line of Lots 18 and 19,Block 1 of Rackham Subdivision; Thence leaving said westerly line and following said northerly line,N69'57'S9"E a distance of 287.72 feetto the POINT OF BEGINNING. 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 8 and by this reference is made a part hereof. °. 12459 c, L, B t! � ze�2Z- 5725 North Discovery Way•Boise,Idaho 83713•2aa.639.6mg• kmenglip.com Page 8 POINT OF COMMENCEMENT ,,�FIIUND ALUMINUM CAP CENTER 1/4 CORNER SECTION tfi r—i— in a�fl E R a 0 Parcel"B" °C w b R05 No.13491 V9 POINT OF BEGINNWC 'L$� N W m LO� 0 In 0 R O �} Lo 0 Prvpvsed z I .4 Zoning:R-40 r L3 m Parcel 0 Parcel"C" °G V v R73113431905 0 ROS No.13491 a 4 5 Z CENTER—SOUTH 1/16 CORNER 2r SECTION 16 $ FOUND ALUMINUM CAP N89'1 4,11"W Ralling HIII JewelubdFulsion Subdiulslan BRASS GAP SOUTH 1/4 CORNER SECTION 16 m W 0 200 400 600 P a Plan Scale:1"=200' E N G I N E E R I N G 5725 MORTH 05COWW WAY EIQ SE,IOAHO 83M3 PH1ME(X"5'J4-6339 Exhibit B-Rezone to R-40 t—WIP"" Rackham Subdivision DAM N-9-2022 PFQIECr. 2E1,219 SHE 1: Lots 18 and 19,Block 1 of Rackham Subdivision situated in the 1 Or 1 NE 1/4 of the SW 1/4 of Sec. 16,T3N.,111E.,B.M.,Ada County,Idaho Page 9 C. Vicinity Map r; r r I y � -_- �p YYryW i T`i. ^' S t E YIEW R vemYe Creek 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 I I"map with bearings and distances (marked EXHIBIT B) for review.Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 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.merldiancity.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://weblink.meridiancity.org/AebLink/DocView.aspxTid 285788&dbid 0&repo MeridianC i &cr1 F. ADA COUNTY DEVELOPMENT https://weblink.meridiancity.orgj ebLink/DocView.aspxTid 285790&dbid 0&repo=MeridianC 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 Stafffinds 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 E IDIAN --- AGENDA ITEM ITEM TOPIC: Development Agreement (Kingstown Subdivision H-2022-0045) Between the City of Meridian and High Lakes LLC (Owner) and E5 Holdings LLC (Developer) for Property Located at 2610 E. Jasmine St. ADA COUNTY RECORDER Trent Tripple 2023-020866 BOISE IDAHO Pgs=49 BONNIE OBERBILLIG 04/12/2023 08:13 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. High Lakes LLC, Owner 3. E5 Holdings LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 1 l th day of April ,2023,by and between City of Meridian,a municipal corporation of the State of Idaho,hereafter called CITY,whose address is 33 E.Broadway Avenue,Meridian,Idaho 83642,High Lakes, LLC, whose address is 1678 Diamond River Dr., St. George, Utah 84790, hereinafter called OWNER, and E5 Holdings LLC, whose address is P.O. Box 1613, Meridian, Idaho 83680, hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner,in law and/or equity,of certain tract of land in the County of Ada, State of Idaho, described in Exhibit"A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property;and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for annexation of 8.20 acres of land and a rezone from RUT(Rural-Urban Transition)zoning district to the R-8 (Medium-Density Residential)zoning district on the property as shown in Exhibit "A" under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS,Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and DEVELOPMENT AGREEMENT—KINGSTOWN SUBDIVISION(H-2022-0045) PAGE I OF 8 1.7 WHEREAS, on the 6 h day of December, 2022, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY:means and refers to the City of Meridian,a parry to this Agreement,which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho,whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER:means and refers to High Lakes LLC,whose address is 1678 Diamond River Dr., St. George,Utah 84790,hereinafter called OWNER,the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER:means and refers to E5 Holdings LLC,whose address is P.O.Box 1613, Meridian, Idaho 83680, hereinafter called DEVELOPER, the parry that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as in Exhibit"A"describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated DEVELOPMENT AGREEMENT-KINGSTOWN SUBDIVISION(H-2022-0045) PAGE 2 OF 8 herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan, common open space/site amenity exhibit and conceptual building elevations approved by City Council and the provisions contained herein. b. The existing home on Lot 3, Block 3 shall be required to connect to City water and sewer service within 60 days of it becoming available and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8. C. There shall be no windows on the second story of homes that face north toward Zebulon Heights subdivision along the northern boundary of the proposed subdivision west of N. Rogue River Ave. in Block 1; d. The developer shall encourage backyard landscaping to assist in buffering the larger lots and homes to the north. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six(6)months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such DEVELOPMENT AGREEMENT-KINGSTOWN SUBDIVISION(H-2022-0045) PAGE 3 OF 8 default that cannot with diligence be cured within such one hundred eighty(180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies.hi the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2,City shall,upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property,including water service and/or sewer service.Further,City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance,which shall include,without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by the City Council.If for any reason after such recordation,the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT-KINGSTOWN SUBDIVISION(H-2022-0045) PAGE 4 OF 8 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail,registered or certified mail,postage prepaid,return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER: DEVELOPER: High Lakes LLC E5 Holdings LLC 1678 Diamond River Dr. P.O. Box 1613 St. George, Utah 84790 Meridian, Idaho 83680 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS:This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall DEVELOPMENT AGREEMENT-KINGSTOWN SUBDIVISION(H-2022-0045) PAGE 5 OF 8 be binding on the Owner/Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: hi the event of any legal or equitable action or other proceeding instituted by any third party(including a governmental entity or official) challenging the validity of any provision in this Agreement,the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing rezoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-KINGSTOWN SUBDIVISION(H-2022-0045) PAGE 6 OF 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: High Lakes LLC By: Its: STATE OF ) ss: County of On this day of �YU►l ,2023,before me,the undersigned,a Nota Public in and for said State, personally appeared ,known or identified to me to be the 010 f%/S' _of High Lakes LLC and the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand a d affixed my official seal the day and year in this certificate first above written. ' ALLISON SCHREIBER rfflT4FYP(1SUC•$TA1E0FUTAH hotary,Public COMMISSIONS 720070 My Commission Expires: 2 COMM.EXP.09.02.2025 DEVELOPER: E5 Holdings LLC By: Its: STATE OF�) ss: County of On this e day of ,2023,before me,the undersigned,a Notary Public in and for said State, personally appeared Z5�/, F z/u• known or identified to me to be the Holdings LLC and the perTwho signed above and acknowledged to me that they executed the swfle. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the y and year in this certificate first above Written. BRIAN D LEWIS ` v � CO MISSION#20230963 (SL' 6TARY PUBLIC y Commission 3 / STATE OF IDANO My Commission Expires: MY COMMISSION EXPIRES 03/10/2029 DEVELOP 011511TOrgm(H-2022-0045) PAGE 7 OF 8 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 4-11-23 Chris Johnson, City Clerk 4-11-23 STATE OF IDAHO ) ss County of Ada ) On this I I th day of April 2023,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT—KINGSTOWN SUBDIVISION(H-2022-0045) PAGE 8 OF 8 EXHIBIT A A Description for R-8 Zone March 4, 2022 All of Lot 4, Block 1, Jasmin Acres Subdivision as filed in Book 59 of Plats at Pages 5829 and 5830, records of Ada County, Idaho, located in the Northeast 1/4 of the Southeast 1/4 and the Northwest 1/4 of the Southeast 1/4 of Section 32, Township 4 North, Range 1 East of the Boise Meridian, Ada County, Idaho more particularly described as follows: BEGINNING at the Center 1/4 corner of said Section 32 from which the 1/4 corner common to Sections 32 and 33, T.4N., R.1 E., B.M., bears North 89°39'12" East, 2,657.16 feet; thence on the east-west centerline of said Section 32 coincident with the south boundary line of Zebulon Heights Subdivision No. 2 as filed in Book 99 of Plats at Pages 12772 through 12774, records of Ada County, Idaho, North 89039'12" East, 903.13 feet to the westerly boundary line of Delano Subdivision No. 1 as filed in Book 121 of Plats at Pages 19124 through 19128, records of Ada County, Idaho; thence on said westerly boundary line the following two (2) courses and distances: South 01010'06" West, 511.26 feet; South 16007'46" West, 50.91 feet to the northerly boundary line of Champion Park Subdivision No. 3 as filed in Book 93 of Plats at Pages 11149 through 11153, records of Ada County, Idaho; thence on said northerly boundary line the following five (5) courses and distances: North 63003'48" West, 177.52 feet; North 70046'48" West, 121.52 feet; North 78020'48" West, 160.92 feet; North 66008'48" West, 283.74 feet; ONPL LAND ENSF S� O cc 0 11779 Cep�TF 0 F \OP p� YM MCCN Page 1 of 2 North 65026'48" West, 72.27 feet to the Northeast corner of Lot 18, Block 17 of Champion Park Subdivision No. 2 as filed in Book 89 of Plats at Pages 10374 through 10377, records of Ada County, Idaho; thence on the northerly boundary line of said Champion Park Subdivision No. 2 the following four (4) courses and distances North 65026'48" West, 38.74 feet; North 53012'48" West, 164.82 feet; North 29045'48" West, 43.31 feet; North 13005'48" West, 107.13 feet to the east-west centerline of said Section 32 coincident with the south boundary line of Heritage Subdivision No. 2 as filed in Book 23 of Plats at Pages 1452 and 1453, records of Ada County, Idaho; thence on said south boundary line, North 89054'08" East, 90.32 feet to the to the REAL POINT OF BEGINNING. Containing 8.200 acres, more or less. End of Description. ONPL LA �CO v NSFO sG� 11 79 �0 9TF O F YM MCCN Page 2 of 2 4;)L Scale: 1"=200' 0 50 100 200 400 BASIS OF BEARING N89'39'12"E 2657.16' HERITAGE w SUB. NO. 2 �3 O� N89'54'08"E ZEBULON HEIGHTS o-j ZEBULON HEIGHTS 90.32' SUB. NO. 2 z FX SUB. NO. 2 C-1/4 N89'39'12"E 9103.13' 1/4. 5.32 5.33 N13'05'48"W Real Point of Beginning o I 107.13' I J I N29'45'48"W �y, I j to ud N I ud Z 43.31' �'C`3j�`'82' t8.200 ACRES <' N65'26'48"W o CHAMPION PARK 41 72.27' 3 2 SUB. NO. 2 N65'26'48"W 38.74' 18 bg624 V 2v N78�20'48-W' G� I 2 N70'46'48"W 121.52' O34g, E. JASMINE LN. � S16'07'46"W CHAMPION PARK �50.91' SUB. NO. 3 Npl LAND 5 SCE N Sic G d 1 1779 P:\2610 JASMMJE LN 21-125\d g\21125 A--tiw ErRtlwg 3/4/2022 4:38:19 PM Job No. N�3 /?�ZZ 0 IDAHO Exhibit Drawing for z1-1zs C1009p� OF �1D SURVEY �1�1EMERALD T. R-8 ZONE Sheet No. y (208)84&8570 1 M. McCpN` GROUP, LLC Lot 4, Block 1, Jasmine Acres, Located in the NE1 4 of the 91/4 & the Dwg. Date NW1/4 of the SE1/4 of Section 32. T.4N., RAE.. B.M., Ada County, Idaho 3/4/2022 n89°54'08"e n89°39'12"e 90.32 903.13 a?> A W ijS�oEge 7?,2 ABiy 3 �o N� In c O N ns6 p848.w n 160.92 �8 2048..w 121 46, �63 D�S2 349"w fie` � t LAN4 4- �.� . 3 11779 3/4/2022 Scale: 1 inch= 150 feet File: R-8 Zone.ndp Tract 1:8.1987 Acres(357135 Sq.Feet),Closure:n63.5247w 0.01 ft.(1/483703), Perimeter=2726 ft. 01 e21.87 n-7.81 11 n53.1248w 164.82 02 n89.3912e 903.13 12 n29.4548w 43.31 03 s01.1006w 511.26 13 n13.0548w 107.13 04 s16.0746w 50.91 14 n89.5408e 90.32 05 n63.0348w 177.52 06 n70.4648w 121.52 07 n78.2048w 160.92 08 n66.0848w 283.74 09 n65.2648w 72.27 10 n65.2648w 38.74 EXHIBIT B CITY OF MERIDIAN A FINDINGS OF FACT, CONCLUSIONS OF LAW E AND DECISION DECISION &ORDER A a In the Matter of the Request for Annexation of 8.20-Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of 28 Building Lots and 6 Common Lots on 8.20-Acres of Land in the R-8 Zoning District for Kingstown Subdivision,by Kimley-Horn. Case No(s). H-2022-0045 For the City Council Hearing Date of: November 22, 2022 (Findings on December 6, 2022) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 22, 2022, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 22, 2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 22, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 22, 2022, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has, by ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR KINGSTOWN—AZ,PP H-2022-0045 — 1 — 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 22, 2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation&zoning and preliminary plat is hereby approved with the requirement of a development agreement per the provisions in the Staff Report for the hearing date of November 22, 2022,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC I 1-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years, may be considered for final approval without resubmission for preliminary plat approval(UDC I 1-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 1 I-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1 I- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement.Decision on the development agreement modification is made by the city council in accord with this chapter.When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR KINGSTOWN-AZ,PP H-2022-0045 -2- A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a),an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d)and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of November 22,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR KINGSTOWN-AZ,PP H-2022-0045 -3- By action of the City Council at its regular meeting held on the 6th day of December — 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER TREG BERNT VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E Sim' on 12-6-2022 Attest: � SEAL Chris Johnson -6-2022 City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: Dated: 12-6-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR KINGSTOWN-AZ,PP H-2022-0045 -4- STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT n v HEARING November 22,2022 ' Legend DATE: �)Project Loco Son TO: Mayor&City Council FROM: Sonya Allen,Associate Planner „J 208-884-5533 w SUBJECT: Kingstown H-2022-0045 --- LOCATION: 2610 E. Jasmine St.,generally located in '�` the south 1/2 of Section 32,TAN.,R.lE. ® - --- (Parcel#R4582530400) s At the recommendation of Staff, a revised conceptual plat was submitted that depicts a reconfiguration of lots within the plat resulting in a reduction in building lots from 28 to 26 and an increase in common lots from 6 to 7 for a gross density of 3.17 units/acre(see Section VIII.B).If the Commission recommends approval of the revised concept plan, an updated plat, landscape plan and open space exhibit should be submitted at least 10 days prior to the Council meeting and the staff report will be updated accordingly. L PROJECT DESCRIPTION Annexation of 8.20 acres of land with an R-8 zoning district; and preliminary plat consisting of 28 building lots and 6 common lots on 8.20 acres of land in the R-8 zoning district for Kingstown Subdivision. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 8.20 acres Future Land Use Designation Medium Density Residential(MDR) Existing Land Use Single-family residential(SFR)/ag Proposed Land Use(s) SFR Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning R-8(Medium Density Residential) Lots(#and type;bldg/common) 28 building/6 common Phasing plan(#of phases) 2 Number of Residential Units(type 28 single-family detached units of units) Density Cross&net) 3.42 units/acre(gross) Open Space(acres,total[%]/ 1.23 acres(or 15%) buffer/qualified) Amenities Picnic area in a 5,000+square foot area;and dog waste station Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date 4/7/22 History(previous approvals) one B. Community Metrics Description Details Page Ada County Highway District • Staff report Yes (yes/no) • Requires No ACHD Commission Action es/no • Existing There are(3)existing stub streets to this property(i.e.N.Conley Ave.,N.Rogue Conditions River Ave.,and E.Jasmine St.) • CIP/IFYWP • Locust Grove Road is scheduled in the IFYWP to be widened to 3-lanes from Ustick Road to McMillan Road. The design year is scheduled in 2025 and the construction date has not been determined. • Wainwright Drive is scheduled in the IFYWP for the installation of wayfinding and bikeway signage in 2024. • The intersection of Ustick Road and Locust Grove Road is listed in the CIP to be widened to 7-lanes on the north leg,6-lanes on the south,6-lanes east,and 6-lanes on the west leg,and replace/modify replace/modify the signal between 2026 and 2030. Access(Arterial/Collectors/State Access is proposed via the extension of existing stub streets from adjacent H /Local)(Existin and Proposed) neighborhoods. Proposed Road Improvements None Fire Service See Section IX.C Police Service No comments received. West Ada School District No comments received. Distance(elem,ms,hs) Capacity of Schools #of Students Enrolled Wastewater • Distance to Sewer Services I Directly adjacent • Sewer Shed • Estimated Project Sewer See application ERU's • WRRF Declining Balance • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns See Public Works' Site-Specific Conditions in Section IX Water • Distance to Services Directly adjacent • Pressure Zone 3 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Yes Water Master Plan • Impacts/Concerns See Public Works' Site-Specific Conditions in Section IX C. Project Maps Future Land Use Map Aerial Map Legend 0 Legend Location ®® mm 'Medium Density Residential rMU-N i., W CHIC -- >.Yllti;,�ft;LL . -A lw Den. fy Reident,c 4+ Zoning Map Planned Development Map nun Legend Legend P•c:sc Loco-or '` Protect Location R 1 B RU T_R_1.5 City Limits — F arred Porce`_ - R 8 R'8 RUT �— R 4 RUT IR Al R.8 L O R R1 R-4 ,, �. RUT Rig: L-O at C'N R, R 8 R-8 RUT L-O 15 R-40' �;--- Mal RUT RUT R-4 R-8 I R-3 r:�.�:;,•.�, R R-15i .,R - RUT R 15 R:2 RUT• R-15 R-15 R1 R-8 R 8 R-2 R-15T .. - RUT R-4 RUT �y�� III. APPLICANT INFORMATION A. Applicant: Nicolette Womack,Kimley-Horn—950 W.Bannock St., Ste. 1100,Boise,ID 83702 B. Owner: Robert Hilton, High Lakes, LLC—PO Box 1436,McCall,ID 83638 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 8/17/2022 11/6/2022 Radius notification mailed to property owners within 300 feet 8/11/2022 11/4/2022 Public hearing notice sign posted 8/8/2022 11/10/2022 on site Nextdoor posting 8/11/2022 11/4/2022 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Medium Density Residential(MDR)on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. The subject property is an enclave surrounded by single-family residential properties on land also designated MDR on the FLUM. The Applicant proposes a 28-lot subdivision for single-family residential detached homes at a gross density of 3.42 units per acre,which is within the desired density range of the MDR designation. TRANSPORTATION: The Master Street Map(MSM)does not depict any collector streets across this property. 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 detached dwellings with a mix of lot sizes will contribute to the variety of housing options in this area and within the City as desired. Single-family detached homes exist to the north, west and south and are also in the development process to the east; multi family apartments exist in close proximity to this site to the southeast. • "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." (2.01.01G) This area consists primarily of single family detached homes with some multi family apartments to the southeast; only single-family detached homes are proposed within this development. The proposed development offers a variety of lot sizes from 4,000 to 11,730 square feet(sf.) with the existing home on a 22,912 sf. lot. • "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) Although the gross density for the overall development at 3.42 units/acre is within and at the low end of the desired density range in the MDR designation, the lot sizes proposed in the first phase along the north boundary are not compatible in size and provide a poor transition to existing lots. The proposed lots in Phase I are mostly 4,000 square feet(or 0.09 acre), while the abutting existing lots in Zebulon Heights and Champion Park subdivisions are 0.25+acre in size. The transition from proposed to existing homes along the north boundary range from a 2:1 to a 5:1 transition.A better transition in lot sizes should be provided. No buffering or screening is proposed. The lot sizes proposed along the eastern boundary in Phase II are much larger/wider and range from a PI to 1:4 transition.A better transition in lot sizes should be provided in this area as well. No buffering or screening is proposed. The transition/lot configuration to the south and west is adequate as the lots are turned perpendicular to the existing lots. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed and existing adjacent uses are all single-family residential, which should be generally compatible with each other; however, the lot sizes proposed along the north and east boundaries are not compatible with abutting residential lot sizes and may present conflicts due to not enough transition in lot sizes. • "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) The proposed infill development will likely negatively impact abutting homeowners to the north and future homeowners in this development along the eastern boundary in Phase II as there is not a compatible transition in lot sizes in these areas. Staff recommends the Commission and Council consider testimony from these homeowner's in determining if the proposed development will negatively impact the abutting existing development(see letters of public testimony from neighbors). • "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) A 10 foot wide multi-use pathway connection is required between N. Conley Ave. and N. Rogue River Ave. in accord with the Pathways Master Plan. This pathway will provide a link between Champion Park and Zebulon Heights subdivisions. • "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 existing home will be required to abandon the existing septic system and connect to the City wastewater system. • "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 ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 8.20 acres of land with an R-8 zoning district. A legal description and exhibit map for the annexation area is included in Section VIILA. This property is within the City's Area of City Impact boundary. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with 28 single-family residential detached dwelling units at a gross density of 3.42 units per acre (see Sections VIILB,E). Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. This partially developed property is an enclave surrounded by existing and future single-family residential detached homes to the north(Zebulon Heights), south and west(Champion Park)and those in the development process to the east(Delano). As noted above in Section V,development of infill properties is supported provided it doesn't negatively impact the abutting,existing development. Because of the lack of adequate transition in lot sizes to the north,the proposed development will likely negatively impact abutting property owners.Additionally,the lack of transition in lot sizes along the east boundary will likely negatively impact the future owner of Lot 4,Block 3. Therefore, changes to the development plan are necessary to provide a better transition in lot sizes in these areas.Letters of testimony have been submitted by some of the adjacent existing residents requesting a better transition in lot sizes and density is provided. One option would be to "down-zone"to R-4,which would require minimum lot sizes of 8,000 s.f. instead of 4,000 s.f.,and a minimum street frontage of 60 feet instead of 40 feet,which would be result in larger,wider lots for greater compatibility with existing abutting lots.However,with the amount of right-of-way being provided with the extension of three(3) existing stub streets,the retention of the existing home, and the provision of the required common open space,this would bring the gross density of the development below the minimum desired in the MDR designation. Another option would be to stay with the R-8 zoning and reconfigure the lots along the north boundary in Phase I so that wider lots are provided in that area resulting in larger,fewer lots for a better transition; and add lots in Phase II resulting in smaller,narrower lots for a better transition to existing abutting properties—Staff prefers this option as the density should still be consistent with the MDR designation and the zoning would be consistent with that to the south,west and east. Staff recommends the Applicant make these changes to the plat& submit revised plans at least 15 days prior to the City Council hearing.A draft should be submitted to Staff prior to the Commission hearing demonstrating how these changes would affect the overall density and transition to adjacent properties. 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): The proposed preliminary plat consists of 28 building lots and 6 common lots on 8.20 acres of land in the proposed R-8 zoning district. Proposed lots range in size from 4,000 to 57,541 square feet(s.£) (or 0.09 to 1.32 acres).The proposed gross density of the subdivision is 3.42 units per acre. The subdivision is proposed to develop in two (2)phases as shown in Section VIILB. Existing Structures/Site Improvements: There is an existing home and several outbuildings on the property that are proposed to remain until development of Phase 2. With development of Phase 2,all of the existing structures will be removed except for the existing home,which will remain on Lot 3,Block 3. Prior to the City Engineer's signature on the second phase final plat, all existing structures that do not conform to the setbacks of the district are required to be removed. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district.The proposed plat appears to comply with the dimensional standards of the district. Access: Access is proposed from the extension of existing local stub streets(i.e.N. Conley Ave.,N. Rogue River Ave. and E. Jasmine St.) from the south,north and east. Landscaping(UDC 11-3B):No street buffers are required per UDC Table 11-2A-6 for internal local streets. Common open space landscaping is proposed as shown on the landscape plan in Section VIILC. There is a total of 176 existing trees on the site totaling 2,232.5 caliper inches(see existing tree inventory and plan in Section VIILD). A total of 1,520 caliper inches are proposed to remain with 712.5 caliper inches proposed to be removed. A total of 391 caliper inches are required for mitigation as set forth in UDC 11-3B-IOC.5; a total of 170 is provided,which is 221 less than required. Staff recommends one (1)2-inch caliper tree is provided in the front and back yards of each building lot toward the mitigation requirement,which would leave 109 caliper inches remaining that could be provided in common lots, or Alternative Compliance could be requested to this standard for the remaining mitigation trees (see UDC 11-511-5 for more information). Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C; the landscape plan should be revised accordingly. Common Open Space&Site Amenities(UDC 11-3G-3): A minimum of 15%(or 1.23 acres based on 8.20 acres)qualified open space is required to be provided in this development per the standards listed in UDC 11-3G-3. An open space exhibit was submitted that depicts 1.23 acres(15%)common open space for the development(see Section VIII.E). Three (3)of the six(6)common open space lots(i.e. Lot 6,Block 2 and Lots 1 & 5,Block 3)are open grassy areas of at least 5,000 square feet(s.f)in area and qualify toward the minimum standards. Lot 1,Block 1 does not qualify; however,if the sidewalk is detached in this lot and an 8-foot wide landscaped parkway is provided,it would qualify per UDC 11-3G- 311.4. Although Lot 15,Block 1 and Lot 11,Block 2 meet most of the quality standards for open space areas listed in UDC 11-3G-3A,these areas do not demonstrate integration into the development as a priority and appear to be"leftover"areas that aren't developable as building lots and don't meet the qualified open space standards listed in UDC 11-3G-3B.Lot 15,Block 1 could qualify toward the open space requirement if an additional 70 s.f.is added to the lot in accord with UDC 11-3G- 3B.1a.Lot 11,Block 2 could qualify if 715 s.f.is added to the common lot in accord with UDC 11- 3G-3B.1a; or, a community garden could be added to the existing lot in accord with UDC 11-3G- 311.1; or, a minimum 20' x 20' plaza could be added to the existing lot,including hardscape, seating,lighting in accord with UDC 11-3G-3B.1.The plans should be revised as recommended by Staff to meet the minimum qualified open space standards. Based on the area of the plat,a minimum of one (1)point of site amenity is required per the standards listed in UDC 11-3G-4B. The Applicant proposes amenities consisting of a dog waste station on Lot 15, Block 1 and a picnic area with a shelter and table and bench seating on Lot 6,Block 2,totaling 2.5 points,exceeding the minimum standard. Pathways: The Pathways Master Plan depicts a multi-use pathway across this site connecting from the pathway along N. Conley Ave. at the south boundary to the pathway along Rogue River at the north boundary. In accord with the Plan, a 10-foot wide multi-use pathway should be provided within a 14-foot wide public pedestrian easement; only a 5-foot wide sidewalk is proposed. Staff recommends the plat is revised to include a minimum 20-foot wide common lot to the south of Lot 1,Block 2 to provide a pathway connection from the existing pathway on the east side of Conley Ave.to the south to the common area on Lot 6,Block 2.This will be safer than running the pathway along the front of the building lots along Conley and Eagle View. Staff further recommends the multi-use pathway be extended through the common area on Lot 1,Block 3 and Lot 2,Block 3 and connect to the existing pathway to the north.The landscape plan should be revised to include this pathway and an easement should be submitted and recorded prior to the City Engineer's signature on the final plat.Note: The Applicant submitted a revised conceptual plat that includes the 20 foot wide common lot for a pathway as recommended by Staff. Sidewalks (11-3A-17): Five-foot wide attached sidewalks are proposed within the development in accord with UDC standards. Waterways: The Nourse Lateral runs off-site along the northern boundary of the site. Staff did not receive a response from Settler's Irrigation District on whether or not an easement exists on this property for the lateral. If it does,it should be depicted on the plat and no encroachments allowed within the easement area. Utilities (UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. The existing home proposed to remain on Lot 3,Block 3 is required to connect to City water and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation System (UDC 11-3A-I S): Underground pressurized irrigation water is required to be provided to each lot within the subdivision asset 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. Building Elevations: Five(5)conceptual building elevations were submitted that demonstrate what future homes in this development will look like(see Section VIILF). A mix of single-story, single-story with a bonus room and 2-story homes are proposed. All of the floor-plaits for-the proposed elevations depiet a width of 40 feet for-the homes whieh wi4l not fit on at least 19 of the proposed lots find meet the FeqUiFed side YRFd building setbaeks of 5 feet on eneh side a minimum lot width of 50 feet would be needed in OFdeF tO neeommodate the PFOPosed homes.Wth 30 foot wide homes,the elevations will be very gar-age dominated; the nar-r-ow lots wi4l also not neeomodate veFy mueh oft StFeet pfiFking,whieh is always a eoneeFfl. Some of these issues should be alleviated with the lot eofteeptual elevations are submitted for-homes that wi4l fit oft all of the proposed lots. VIL 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. B. The Meridian Planning&Zoning Commission heard these items on October 20,2022 (continued from August 18,2022 and September 1 and 15,2022).At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests. 1. Sutmnary of Commission public hearing_ a. In favor: Nicolette Womack and Teller Bard,Applicant's Representative: Kyle Enzler (Applicant/Property Owner) b. In opposition or Commenting: Leon Johnson; George Fullmer;Mike Bernard,Malissa Bernard:Alan Dixon,Roger Britton,Charlene Britton: Carol Windle:Mike McGough, George Windle c. Written testimony: Many letters of testimony were received—see public record. d. Staff presenting application: Sonya Allen e. Other Staff commenting on application: None 2. Ke• ids)of public testimony a. Concerns pertaining to extra traffic this development will generate through existing neighborhoods and safety of area children: b. Proposed lot sizes aren't compatible with those in adjacent existingdevelopments, L. Request for property to be annexed with R-4 zoning and require minimum lot sizes consistent with adjacent lot sizes; d. Request for 2-story homes along north boundary to not have any windows on the second story that would look into adjacent sin lg a-story home lots; e. Require traffic calming measures in area streets to slow traffic for safety; f. Request for water trucks to be provided during construction to mitigate dust and for trailers and vehicles to be parked on-site and not in adjacent developments:request for existing stub streets on Rogue River&Conley to be closed until construction commences: g_ Concern pertainingtpathwa• i�pine Pointe that many adults and children use to access the subdivision amenities and concerns pertaining to safety of those using it; h. Install caution lights for children's safe , in high traffic areas: L Developer is agreeable to not providing windows on the second story homes overlooking adjacent lots at the northwest corner and minimize front setbacks in order to provide larger back yards with greater building setbacks from rear grope , line. 3. Ke, ids)of discussion by Commission: a. Desire for the Applicant to revise the plat to have fewer building lots and retain more of the existing b. Desire for fewer lots to be provided along the northern boundary and more lot provided along the eastern boundary for a better transition to existing properties, c. Desire for the mitigation trees required in back yards to be placed strategically to screen adjacent properties: d. In favor of no windows on second story homes overlooking adjacent lots at the northwest corner&minimize front setbacks in order to provide larger rear yards with greater building setbacks. 4. Commission change(s)to Staff recommendation: a. Approval with the inclusion of DA provisions that prohibit any windows on the second story of homes that face north along the northern boundary of the subdivision west of Rowe River in Block 1: and the developer to encourageyard landscaping to assist in buffering to the larger homes/lots to the north. 5. Outstanding issue(s) for City Council: a. None C. The Meridian City Council heard these items on 11/22/2022. At the public hearing_the Council moved to approve the subject AZ and PP requests. 1. Suimna N of the City Council public hearing: a. In favor: Nicolette Womack_Applicant's Representative_ Kvle Enzler_Applicant_ Teller Bard_ Mmlev-Horn b. In opposition: George Windle C. Commenting: Mike Bernard(representing Alpine Pointe HOA)_ Carol Windle_Malissa Bernard_ Chris Chaffin_Allen Dixon_Laura Trairatnobhas_Mike MCGough_ Charlene Britton.Roger Britton_Bernie Bahro d. Written testimony: Many letters of testimony were received(see public recordl C. Staff presenting application: Sonya Allen f Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Need for a better transition in lot sizes to adjacent existing lots (especially to the McGough propejUl to the north that could be accommodated by reducing the number of lots in that area or overall within the developent- b. Request for no north-facing facing windows on 2-story homes along the northern boundary of the subdivision_ c. Request for Me-pro erty to be zoned R-4 instead of R-8 and meet the dimensional standards of the R-4 district- d. Negative impact on traffic and pedestrian safety in adjacent residential neighborhoods especially that to the north_due to extension of stub streets_ especially N.Rogue River Way- C. Request for Rogue River to be restricted to emergency only access. 3. key issue(s)of discussion by City Council: a. Council didn't feel there was adequate transition to existing lot sizes along the northern boundary_ especially the McGough property b. Reducing the number of lots along the northern boundary or overall within the development to provide a better transition to existing lots to the north_ C. Annexation the property with R-4 rather than R-8 zoning to increase the dimensional standards of the proposed lots and possibly reduce density and provide a better transition to existing lots: d. Restriction on windows facing north on second stories of homes along the northern boundary of the site 4. City Council change(s)to Commission recommendation. a. Remove Lot 10,Block 1 along northern boundary to provide a better transition in lot sizes to the north: no one parcel to the north shall have more than 3 portions of a lot adjacent to it: inclusion of DA provisions that prohibit any windows on the second story of homes that face north along the northern boundary of the subdivision west of Rogue River in Block_I and the developer to encourage backyard landscaping to assist in buffering to the larger homes/lots to the north. VIIL EXHIBITS A. Annexation Legal Description and Exhibit Map A Description for R-8 Zone March 4,2022 All of Lut 4, Block 1, Jatanon Acres Subdivision as filed in Book 59 of Plats at Pages 5829 and 5830, records of Ada County, Idaho, locates{ in the Northeast 114 of the Southeast 114 and the Northwest 1/4 of the Southeast 1/4 of Section 32, Township 4 North, Range 1 East of the Boise Meridian, Ada County, Idaho more particularly desolted as follows, BEGINNING at the Center 114 corner of said Section 32 from which the 1/4 corner common to Sections 32 and 33,T.4N., R.1 E., B.M.,bears North 89'39'12"Bast, 2,657.16 feet; thence on the east-west centerline of said Section 32 ooincident with the south boundary line of Zebuion Heights Subdivision No.2 as filed In Book 99 of Plats at Pages 12772 through 12774,records of Ada County, Idaho,North 89039'12" East, 903.13 feet to the westerly boundary line of Delano Subdivision No. 1 as filed in Book 121 of Plats at Pages 19124 through 19128, records of Ada County,Idaho; thence on said westerly boundary line the following two(2)courses and distances: South 01°10'061 West, 511.26 feet; South 16'07'46'West,60.91 feet to the northerly boundary line of Champlon Park Subdivision No.3 as filed in Book 93 of Plats at Pages 11149 through 11153,records of Ada County, Idaho; thence on said northerly boundary line the following five (5)courses and distances: North 63°03'48"West, 177.52 feet; North 70'46'48"West, 121.52 feet; North 78'20'48"West, 160.92 feet; North 66'08'48"West,283.74 feet; �a1t1At LA,yO — / ,crws 11779 u'�1V1.Oz�r0 c00. OF %'A43 Me Pk North 65b28'48"West, 72.27 feet to the Northeast corner of Lot 18, Block 17 of Champion Park Subdivision No.2 as filed in Book 89 of Plats at Pages 10374 through 10377, records of Ada County, Idaho; thence on the northerly boundary line of said Champion Park Subdivision No. 2 the fulluwin[g four (4) ❑uurses aim distaric:es North 65026'48"Woot, 38.74 foot; North 5T12'48" West, 164.82 feet; North 29045'48" West, 43.31 feet; North 1 T05'48" West, 107.13 feet to the east-west centerline of said Section 32 coincident with the south boundary line of Heritage Subdivision No_2 as filed in Book 23 of Plats at Pages 1452 and 1453, records of Ada County, Idaho; thence on said south boundary line, North 89°54'08' East, 90.32 feet to the to the REAL POINT OF BEGINNING. Containing 8.200 acres,more or less. End of Description. 1 pL LAlyp ytiG Ns'co'G / 11 79 ,A V of X Page 2 of 2 N Scale: 1"=200' 0 50 100 200 400 BASIS OF BEARING N89"39'12"E 2657.16' ' HERITAGE w a SUB. NO. 2 3 N89'54'08"E ZEBULON HEIGHTS y ZEBULON HEIGHTS 90.32' •• SUB. NO. 2 z F, SUB. NO. 2 C-1/4 N89'39'12"E 903.13' 1/4. 1754.03' v S.32 S.33 N13'05'48"W Real Point j of Beginning I o: 107,13' w N29'45'48"W �S /6 j `o t`! w 43.31' 3y 82• t6.20o ACRES z ?�� N65'26'48"W '^ o CHAMPION PARK IY 72.27' j LD 2 2 SUB. NO. 2 N65'26'48"W � o a 38.74' 18 H 6 r CQ Q N78p'g8"W N70'46'48"W N6'3-:" 121 52• 036 E. JASMINE LN. S16'07'46"W CHAMPION PARK 50.91' SUB. NO. 3 NKl- LAND 0 �r,ENSF sG C�— G O Q. 7 79 - P:\2610 1ASui"E E"21-125\e"9\21125 Arne—EIA 3/4/2W2 4.J 19 PM /y Job No. �3�/7a- IDAHO Exhibit Drawing for 21-125 o0p9p�OF��Pp�' SURVEY p�'�83raT' R-8 ZONE sheet No. YM mls">o Mccp, GROUP, LLC Lot 4,Block 1,Jasmine Acres, Lxoted In the NEl 4 of the 5E7 4 x the 0wg.1Date NWI/4 of the SE1/4 of Section 32, TAN., RJE.,B.M., Ado County,Idaho 3/4/2022 B. Preliminary Plat,Existing Conditions&Phasing Plan(dated: 11/07/2022) �rt KINGSTOWN SUBDIVISION Jh PRELIMINARY PLAT i A PORTION OF THE SE]OF SECTION 32.TOWNSHIP NORTH,RANGE 1 EAST ® .4`4'F•^14:#" �. KERIDIAN.ADA COUNTY.IDAHO IT I I IT _.._.._.._.._ L T �--T om--r-_ . ]� 3 C � i I � fffHf CC{. k • � F s 67 ,e -- - -- i J + _ E i T � E �f WWW ! � n��, tl g Y•3 M b f U3P6S Uedated Goneee�ice«&Neighboring Parcels Exhibit: E L� 'IJ `�' •' _ �'�� �_ Kimley>>>Horn KINGSTOWN SUBDIVISION NEIGHBORING PARCELS EXHIM '` C. Landscape Plan(dated: 11/07/2022) NOT APPROVED ED(NEEDS TO RF REVISED) c)�o00CC�COp p0 0 �wo=.cw=e.wna—^r aeaaer�wcr- /�/ 0 O r o min o -�.'—€il�£ � � III _ •�' �o o � / $ E 5 a RHO NOW �• 91 aD4 D. Existing Tree Inventory&Plan Dump TREE MWORY T M; I F RK- ;NmM 1: -1 12 1. Z Z;11�z !REM z zw- 11 M.-I ML TREE AffrIGATM REWREMEM ff • TREE-AMN REQUIREMENTS ix I � W n T��. �' arov orwcaa w�c nan , r • • n I • I � � � � BI.OfJ[1 . I . I � ' ,� Q n -`� `� caerrrum.wo-n ueunm naa '1 I 1 I I .„9 I fr 7 rrrrm. eve m' FEAR WNW Ixy 7 Y a � __ � w � TREE PROTEcnON NOTE � \ //� �—__. _�\ r �--_�_—�_— ?Eusnyc K- j - �,r..a,•.�a.a�.c.,a�.. r .� mAIfr SCHEDULE — I w o � 6 I u�i W 3 0 i TT y_ gN�Nlom 3 oc�aT E. Open Space Exhibit(dated: 6/16/22)—REVISED(dated: 10/22) awn I OWNER/DEVELOPER - } e LANDSCAPE ARCHRECT I\ EEAQLEVEEWCT. �V i f/k i Wr COMMON OPEN SPACE AND SIZE AMFMY REOl11REMEMS �- m � «o:e nrE rNEw emu n,urss 4 �"' a w z reaerue vnaroEo�aEE rxcuu,.eN eE�axi r,x•���sfjn ernsy� vnxreecwy � U q o � o ,mu«ENuuErxaNeEo. carer �'�� I Z — o a i _ a c F�ENr ,.,.�ti.E�.SEo��rrA oe«esNc� siem.crn � > > s � � s �e oaavwrr eren« ss s � .muexErrr,aem.•ovoen :s � w � a Y Aow eFrF auVFrto«5+apacE4 �m�ecWOEeEm��wv �E MEuxuRr VNOBCUEPt.V1uo PIa=lawRr TPFF PIIEBERreiloN nlN� ' � �; r�re,EnaEN8P�E � i DS s ua v m --� 1911�1�1�11 F. Conceptual Building Elevations 71 I� © Lr------ _-_-_-- •--------- =C■ i UULI II 2 0-air ------------------------------ 0aar ------------------------------ - 0000- - ------ - - - - o-�- - ---- --- -- - - 01�—_—_—_—_—_—_—_—_—_—_—_— _ _— —_—_—_---_—_—_—_—_— M _ Ov��iQQ ---------- ---- - - El OL FF --------- o� aF-r -------------------------------------------------------- ---- - ----------------------- ------ a - - - ------------------------------- ------ oa�,a — — — -------- A2 r r - , ,o® O� - - Ulo; a 0 0 m o� o� t t , -------- --- --- - — — — — E1.2 -- ---- - - - - - - - - - - - - - - - -- 00o v� P� — — - ---'--- -—- -—-—-—-—-— < a� a_„ ^--- --- Ll R— --- ------------------—-- - - - -- F — ---- -------- — --- -- — -—-—- -—-—-—-— A2 ------------------------------------------------------------ "llyf----------------------I ----- --- -------------------- 71 71 71 71 71 Nab ----------------------------------------------- ------------ ------------------------------------------------------------- -------------------- ---------- -7 --------- ------ 1 -- -- 71 / -- — — — — — 71 ---------- 1 -------- -D --- ----- oe° mm� h� o - - - = - - -------------- Mb 0aP,.,p----- ----- - - ------- --------- ------------------------------------------------------------- n- - - - - — - - - - ---- — - -�-- - - --- - - ° �---- ----------- ® M � � 7�1 - - - ------------ lip, gig= ° - - ------------ L � ❑ �e ---------- -_-_-_-_- A3 _— —,----------- -_—_—_—_—_ _ _—_l—_—_— — — — — - -- — _ _— o J 121- w -_-_- t ❑�x el;r'N---------- --------------- - - - - - ---- A2 0* 0� 09.iiS ®--_---_-----_- �It 1 W O ------------ ---------- ---------- <a„ of 0xr�s7' -- --------- - --- ❑. - -------------- - - - -- - - - ---- -- --- -- - - - - - o a � o -�� - ------- ---- -+-------------------- - - - A3 IX. CITY/AGENCY COMMENTS & CONDITIONS Per the discussion in Section VI, Staff recommends the Applicant reconfigure the lots along the north boundary in Phase I so that wider and fewer lots are provided in that area; and the lots in Phase II are reconfigured and lots are added so that lots are smaller and narrower for a better transition to existing abutting properties. Cofteeptual buildi*g elevations should also be submitted for-the 40 foot wide lots that fit on the lots.The plat,eoneeptual elevations and otheF assoeinted plans shall be Fevised neeor-dingty&submitted at least 15 days prior-to the City CouftM henfiftz. Cofteeptual elevations and a draft of the revised plat should be submitted to Staff prior-to the Commission hear-ing demoastr-ati*g .A revised draft plat has been submitted that depicts three (3)fewer building lots along the northern boundary and two (2) additional lots along the eastern boundary. The proposed conceptual building elevations should fit on most of the reconfigured lots. 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 owncr(s)at the time of annexation ordinance adoption,and the developer. Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum,incorporate the following provisions IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall be generally consistent with the preliminary plat,landscape plan,common open space/site amenity exhibit and conceptual building elevations iedi� Seefien approved by City Council and the provisions contained herein. b. The existing home on Lot 3,Block 3 shall be required to connect to City water and sewer service within 60 days of it becoming available and disconnect from private service,as set forth in MCC 9-1-4 and 9-4-8. c. There shall be no windows on the second story of homes that face north toward Zebulon Heights subdivision along the northern boundary of the proposed subdivision west of N. Rogue River Ave. in Block 1, d. The developer shall encourage backyard landscaping to assist in bufferingthe larger lots and homes to the north. 2. The final plat shall include the following revisions: a. Depict an casement for the Nourse Lateral,which runs off-site along the northern boundary of this property,if it encroaches on this property. b. Depict a minimum 20-foot wide common lot along the south side of Lot 1,Block 2 for a multi- use pathway connection from Conley Ave. through the common areas on Lot 6,Block 2 and Lot 1,Block 3 to the pathway along the cast side of Rogue River Ave.See Park's Department comments&diagram in Section LV E. d. Increase the size of Lot 15,Block 1 by 70 square feet to meet the qualified open space standard of 5,000 square feet in UDC 11-3G-3B.Ia. e. Remove Lot 10_Block 1 along northern boundary to provide a better transition in lot sizes to the north:no one parcel to the north shall have more than 3 portions of a lot adjacent to it. 3. The landscape plan submitted with the final plat shall 'include the following revisions: a. Depict a 10-foot wide multi-use pathway from the existing pathway along N. Conley Ave. at the south boundary to the existing pathway along N. Rogue River Way at the north boundary as required by the Park's Dept. with landscaping along the pathway in accord with the standards listed in UDC 11-313-12C. See Park's Department comments&diagram in Section IX.E. b. Provide one (1)2-inch tree in the front and back yards of all building lots and an additional 109 caliper inches of trees on the site in common areas in accord with the mitigation standards listed in UDC 11-3B-IOC 5; or,apply for Alternative Compliance to this standard(see UDC 11-513-5 for more information). c. Depict a detached sidewalk with an 8-foot wide parkway and landscaping per the standards listed in UDC 11-3B-7C on Lot 1,Block 1 in order for the lot to count toward the minimum qualified open space requirement. d. Depict a minimum 20-foot wide common lot along the south side of Lot 1,Block 2 containing a 10-foot wide multi-use pathway connection from Conley Ave. through the common areas on Lot 6,Block 2 and Lot 1,Block 3 to the pathway along the east side of Rogue River Ave. Depict 5- foot wide landscape strips on each side of the pathway planted in accord with the standards listed in UDC 11-3B-12C. e. Increase the size of Lot 15,Block 1 by 70 square feet to meet the qualified open space standard of 5,000 square feet in UDC 11-3G-3B.Ia. f. Lot 11,Block 2 does not meet the qualified open space standards listed in UDC 11-3G-313—the plans should be revised to comply through one of the following options: 1)add 715 s.f.to the common lot in accord with UDC 11-3G-3B.la; or,2)include a community garden in the common lot; or, 3)include minimum 20' x 20' plaza in the common lot,including hardscape, seating,and lighting in accord with UDC 11-3G-3B.1. If the lot is enlarged, the plat shall also be amended accordingly. g. Remove Lot 10,Block 1 along northern boundary to provide abetter transition in lot sizes to the north;no one parcel to the north shall have more than 3 portions of a lot adjacent to it. 4. Prior to the City Engineer's signature on the final plat for Phase 2,all existing structures that do not conform to the setbacks of the R-8 zoning district shall be removed. 5. Prior to the City Engineer's signature on the final plat for Phase 1,a 14-foot wide public pedestrian easement shall be submitted to the Planning Division and recorded for the multi-use pathway as required by the Park's Department. 6. Submit a detail of the proposed shelter on Lot 6,Block 2 with the final plat application. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Sewer must connect to the north through Rogue River Ave and not from the south. This is a different sewer shed. 1.2 Sewer does not need to be provided to and through to parcel to the east. Provide sewer mains to eastern boundary only as needed for development. 1.3 Ensure no sewer services cross infiltration trenches 1.4 Dead-End runs of sewer need a slope of 0.60% 1.5 Must include callouts to remove water blow-offs. 1.6 Water main connecting north and south properties must to be 12". 1.7 Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls, fences, infiltration trenches,light poles,etc.)are built within water/sewer easements. 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 l I"map with bearings and distances(marked EXHIBIT B) for review.Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 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 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://weblink.meridiancity.oEgj ebLink/DocView.aspx?id 267776&dbid 0&repo Meridian City&cr 1 D. POLICE DEPARTMENT No comments at this time. E. PARK'S DEPARTMENT https://weblink.meridiancioy org/WebLink/DocView.aspxTid 267942&dbid 0&repo MeridianCitX& https://weblink.meridiancity.org/WebLink/DocView.aspx?id 272212&dbid 0&repo Meridian City F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.oEgj ebLink/DocView.aspx?id 269309&dbid 0&repo Meridian City G. ADA COUNTY DEVELOPMENT SERVICES(ACDS) https://weblink.meridiancity.orglWebLinkIDocView.aspxTid 269136&dbid O&repo MeridianCiU H. WEST ADA SCHOOL DISTRICT(WASD) No comments were received from WASD. I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.oLg/WebLinkIDocView.aspx?id 269137&dbid O&repo MeridianCity&cr 1 X. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant's request to annex the subject property with R-8 zoning and develop single-family detached dwellings on the site at a gross density of 3.17 units per acre is consistent with the density desired in the MDR designation for this property. However, the layout of the preliminary plat proposed with the annexation does not provide an adequate transition in lot sizes to abutting properties to the north in Phase I or in Phase H as discussed above in Sections V and VI. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to R-8 and development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed 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 City Council finds City services are available to be provided to this development. Comments were not received from WASD on this application so City Council is unable to determine impacts to the school district. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the city if revisions are made to the development plan as recommended. 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 City Council finds the proposed plat is generally in conformance with the UDC and the Comprehensive Plan if the Applicant revises the development plan to provide a better transition in lot sizes to abutting properties. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds there are no roadways, bridges or intersections in the general vicinity that are in the IFYWP or the CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council 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 City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. E IDIAN --- AGENDA ITEM ITEM TOPIC: Month of the Military Child Proclamation E IDIAN The office of the Mayor PRoCLANA �rlox WHEREAS, April is the month of the Military Child and is an opportunity to recognize military children for their courage, personal sacrifices and resilient spirit; and, WHEREAS, the strength of our Armed Forces comes not just from those who wear the uniform, but from their families, who also serve on behalf of our country; and, WHEREAS, military children continue to make significant contributions to family and community as they endure prolonged and repeated absences of one or both parents and adjust to families moving on an average every 2-3 years and changing schools; and, WHEREAS, these children and youth are a source of pride and honor to us all and it is only fitting that we take time to recognize their contributions and celebrate their spirit; and WHEREAS, the Month of the Military Child will recognize that military children serve too and citizens of Meridian will be afforded the opportunity to don the color purple every Friday in April in support of these children. THEREFORE, 1, Mayor Robert E. Simison, hereby proclaim April 2023 as Month of the N iCitary ChiokC in the City of Meridian and encourage the residents of our community, and communities across the country, to observe the month for Military kids and to wear or display purple on April 141h for PurpleUp day to honor, support and thank military children. Dated this III' day of April, 2023 (' Robert . Si son, Mayor Brad Fl a City Council President o lun g Y Joe Borton, City Council Vice-President Luke Cavener, City Council Jessica Perrault, City+i'Council Liz Strader, City Council John Overton, City Council r G � i ;• 14 Ah ppr�_ �' J \ vVAI b � f 00 ate+ oxt Yt ; c • d �- r . �f I k' 4•++r / , ._ `vim ^ Al _ •fr f c - c rr � . Aa . Mal All �Yl�' L Vol la J Ilomp ilk \ i 4rr ✓ y FA • 14111 . - -- ` ' _ - AHO . - l � LN � - � 0 LL , . kkk 40ap �� � E IDIAN The Office of the Mayor PROCLAJWAriox WHEREAS, April is the month of the Military Child and is an opportunity to recognize military children for their courage, personal sacrifices and resilient spirit; and, WHEREAS, the strength of our Armed Forces comes not just from those who wear the uniform, but from their families, who also serve on behalf of our country; and, WHEREAS, military children continue to make significant contributions to family and community as they endure prolonged and repeated absences of one or both parents and adjust to families moving on an average every 2-3 years and changing schools; and, WHEREAS, these children and youth are a source of pride and honor to us all and it is only fitting that we take time to recognize their contributions and celebrate their spirit; and WHEREAS, the Month of the Military Child will recognize that military children serve too and citizens of Meridian will be afforded the opportunity to don the color purple every Friday in April in support of these children. THEREFORE, I, Mayor Robert E. Simison, hereby proclaim April 2023 as month of the Military Child in the City of Meridian and encourage the residents of our community, and communities across the country, to observe the month for Military kids and to wear or display purple on April 141 for PurpleUp day to honor, sup ort and thank military children. ( ly Dated this 11' day of April, 2023 Awl- Robert . Si son, Mayor Brad Hoaglun, City Council President Joe Borton, City Council Vice-President p Luke Cavener, City Council ' Jessica Perrault, Citytouncil Liz Strader, City Council John Overton, City Council E IDIAN --- AGENDA ITEM ITEM TOPIC: Resolution No. 23-2382: A Resolution Establishing the Appointment of Vassil Ivanov to Seat 4, Crystal Paulson to Seat 7, and Brecken Bird to Seat 8 of the Meridian Arts Commission; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 23-2382 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION ESTABLISHING THE APPOINTMENT OF VASSIL IVANOV TO SEAT 4, CRYSTAL PAULSON TO SEAT 7, AND BRECKEN BIRD TO SEAT 8 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 appointment of Vassil Ivanov to Seat 4, Crystal Paulson to Seat 7, and Brecken Bird to Seat 8 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, effective immediately, Vassil Ivanov is hereby appointed to Seat 4, which term shall expire on February 28, 2025; Crystal Paulson is hereby appointed to Seat 7, which term shall expire February 28, 2024; and Brecken Bird is hereby appointed to Seat 8, which term shall expire March 31, 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 l lrh day of April, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 1 lth day of April, 2023. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION FOR APPOINTMENT OF IVANOv,PAULSON,AND BIRD TO THE MERIDIAN ARTS COMMISSION-Page I E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 Item #10: 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 th Summary of Request: City Council continued this project from the March 28 hearing so the applicant and staff could prepare language for the Council to consider. The applicant has provide revised plans that show the 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 April 11, 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 April 11, 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 April 11, 2023 for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting April 11, 2023 Item #10: Newkirk Neighborhood AERIAL MAPZONING MAPFUTURE LAND USE MAP Annexation and Preliminary Plat– Item #12: Newkirk Neighborhood Lane Revised AZ Exhibit and Plat without Zimmerman – Common ExhibitOpen Space 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 Site Amenities Pedestrian Connectivity Conceptual Building Elevations E IDIAN --- AGENDA ITEM ITEM TOPIC: Public Hearing continued from March 28, 2023 for Newkirk Neighborhood (H-2022-0088) by Conger Group, located at 4250 W. Franklin Rd. Application Materials: https:Hbit.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: April 11, 2023 ITEM # ON AGENDA: 10 PROJECT NAME: Newkirk Neighborhood (H-2022-0088) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 10 11 12 13 14 STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT ,y v HEARING March 28,2023 Legend DATE: 0 El Project Location TO: Mayor&City Council ���Li 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.1W. (Parcel 4S1210346801) OF -- MM L 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. IL 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) Page 1 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 (yes/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,ins,hs) Capacity of Schools Page 2 4 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 9 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 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 II 1 iiiiiiiiiiiii��i����'j�b`♦0 _ ��`� � - • - • �.�•����I►>t/ j 11 u♦� - • - • '. ,�+ _.,fir "i +^a �i,��♦f♦U■i■.�♦i��L� ,71 - • 1 - ' ==♦i 1' �o' 711IP.� I__ '- L♦■��11111■:►111111111 11111111111�%il� • - • 'I /a 1'. ��i �� ■--a1 Inn111nlapm nnunn� yl _ �� F ' 1 II,... r ,� �.1 m 111111='- --.mnmu i nnw��neem�ullnlllllmunnm�� F•, as �UIIIIIIIIII-� �� V � 1 I�, lil�►; ...� I . F 'ANKLIN" F •ANKL-IN --�' - -- l�Inluq,`Ilm■nngll■nn e MEN "i E nnu.p .-.Munn=-- •_ �,11111___ IIII 11111_.-_ 11111/►/1111�� f�i� ��11►♦f IIII/►/1111�� f�i� ��11►♦f �i��jf♦ ■■ ■.: ::7.. ►i :: .IIIII►p�tlnlUn,�` Uuu1 e I,1 11 f■o i�-�1111111 nnn�:■111►- - 111 nnn�:■111►- L•��111�11:►111111111 IIII',' �`�� f'�_51 � • • -• '• - In unnln�,�:`\AIL=���`i • /II�� LAPU 11111111111111�/1I�� �1' � .. n MENIIi�11 IIII IIIIIIIIII 9Q n■ _ 1..1�111 In I i1I1111111 ■-�. 11111=• __m� p■ t--; a a �p�llllllnnnn � ■■ - \ - 'non. 0■� - 'ono.' �� �7 Q�711111=='-�����%Iu11111j- C-C� ■1�/111111=_-C-�:�iiiiinii a ���•�e ■1 /111111 3=�� , � J� _--���1111111111 IIII\\\\II�CIII�IIIIIIIIIIIIII IIIIIIIII�,i■�i� IIII\\\\II�CI11�111111111111111111 `� _- IIIIIIIII� '=FIANKLIN 1111111111111 111111 1 - �Illllnnlm Ialllllllll � l mr°�'\� numi I�=1 - �,mun►�i`p�numi I_=-=nn � _- e unnni►�� --gum=__ =unnlli►�iO�um= mnnnl►p-i-.�nnl=____ �mmml►p-i-.�nnl=_-- , � -_--_ % •gun=__=- �_/y� � __ . •�ul'=== -__- ,�= a� �.11111=__ - •III 11111� Ill- • • 11 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). LAND 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 / 4 ti a .a 6- il' 11' 6' 8' d' Bike I NO ne Ravel Laic Bike Lane 34, lane Curb-to-curb 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. separ-ak a do • 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 in form 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. Buildingsdiving 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 oAse be provided-. • 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 fagade 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 fagade 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 fagade 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 faVade 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 „xUe s ,.a hr-e-efo and„ ide more Tn n f U thisarea, The space between the building facade 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 roofpitches 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 of public art would also qualify as another amenity(I 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." (2.01.01G) 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-eeommeads r-evisions to the plafts as noted 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 VIILA. 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. 92022-065010) states the final alignment at the north property line shall be Page 11 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 casement 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.5): 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 MILL 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 II 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 II 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 VIILF 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.f)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. PFefeFabty,the open spnee exhibit should be Fevised PFi0F tO the Commission hefiFifig but at the latest before the City Couneil hearing,to inelude landseaping and other-design features that deMOUStFate eomplianee with the quality and qualified open spnee standftFds liste UM_CG�441 -3 G_ 3A.2 and „ 3G 39 and TND design.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-11 C; and linear open space should be landscaped per the requirements in UDC 11-311. 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.f 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 qualifiy 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 cast. Fencing 11-3A- : 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-6 : In addition to the standards set forth in UDC 11-3A-I I 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-I5): 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 MILL 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 fret approved in concept however,mW they should be revised4o iHeffpffate tFaditional neighbffhOod design elements as set fOFth in the T-AUSAP, as noted above in Seetion A7, and in to comply with the Architectural Standards Manual(ASM). d elevations should be submitted that deMORStFate eomplinnee with these guidelines and standaMs prior-to Commission net-on oft this appliention. 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. VIL 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. Sutmnary of Commission public hearing: a. In favor: Hethe Clark(Applicant's Representative) b. In opposition: None C. Commenting d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Ke, ids)of 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. Outstanding issue(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 VIIL EXHIBITS A. Annexation Legal Description and Exhibit Map Sawtooth Land 5urvcrng, LLC y i P.(208)396-6 1 Oa F:(206)398-8105 2030 5,Washrngton Ave.,Emmett, ID 83&17 Newkirk Annexation Description BASIS OF BEARING is N. 89015'34"W,, between a found aluminum cap PLS 14221 marking the S1/4 corner of Section 10 and a found aluminum cap PL5 14221 marking the SW corner of Section 10, both in Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho. A parcel of land located in the E1/2 of the SW1/4 of Section 10,T.3 N., R. 1 W B-W, City of Meridian, Ada County,Idaho more particularly described as follows: COMMENCING at an aluminum cap marking the S1/4 corner of said Section 10; Thence N. 89015'34"W.,coincident with the south line of said SW1/4,a distance of 743.09 feet to the POINT OF BEGINNING; Thence continuing, N.89015'34" W,, coincident with said south line, 50.00 feet; Thence N- 0034'26" 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 paint witnessed S.0°34'26"W., 10.00 feet with a 5/8"rebar with cap PLS 11779; Thence coincident with said centerline the following three(3)courses and distances; Thence N.60°56'14"W.,425.75 feet; Thence S, 59104'26"W., 103.00 feet; Thence N. 59"29'07"W., 74.36 feet to the west line of the east half of the SE1/4 of the SW114,said point witnessed N.0136'35"E., 69.53 feet with a 5/8" rebar with cap PLS 12464; Thence N.0136'35"E.,coincident with said west line, 614.70 feet to the centerline of the railroad right of way; Thence S. 88126'46" E., coincident with said centerline, 1097.69 feet; Thence leaving said centerline, S. 0°35'04"W., 216.64 feet to a 5/8"rebar with no cap,hereafter referred to as"Point A"on the southwesterly right of way of the Kennedy Lateral; Thence continuing, S. 01135'04"W., 1250,38 feet to the approximate centerline of said Purdam Drain, said point witnessed N. 0°35'04" E.,42.00 feet with a 5/8"rebar with cap PLS 11779; Thence N. 391115'40"W., coincident with said centerline,813.62 feet to a point on the east right of way of said N.Zimmerman Lane,said paint witnessed S. 0°34'26" W., 20.00 feet with a 5/8"rebar with no cap; P.Q0210 EN1T1121381-NEWKIRK TOPOtSurvey.Drawings'dDescr-ptionst121381 Newkirk Annexation Descnption.docx I� Page 17 Thence S. 0034'26"W., coincident 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. 42°57'39"W., coincident with the southwesterly right of way of said Kennedy Lateral, 2593 feet to a 5/8"rebar with cap PLS 11779; Thence N. 58°29'25"W., coincident with said southwesterly right of way, 133.89 feet to a 5/8" rebar with cap PLS 11779; Thence N. 88122'37"W., coincident with said southwesterly right of way, 186.62 feet to a 5/8" rebar with cap PLS 11779; Thence N. 1012'41" E., coincident with said southwesterly right of way, 31.04 feet to a 5J8" rebar with cap PLS 11779 on the southerly railroad right of way; Thence S. 8802646"E., coincident with said southerly railroad right of way, 232.69 feet to a 518"rebar With cap PLS 11779 on the northeasterly right of way of said Kennedy lateral; Thence S. 58°2925"E., coincident with said northeasterly right of way. 100.62 feet to a 5/8"rebar with cap PLS 11779; Thence S. 0035'04"W., 66.38 feet to the POINT OF BEGINNING, Said parcel contains 23.669 acres more or less. 1 . o P:Q0210 EM711213V-NEWKIRK TOPO%Survey)pravrings%Descriptionsi121381 Newkirk Anrvxalion Descripwn.dorx 12 Page 18 PRF SW*26'46'f 1097.W I-'KION PACIFIC RAILROAD 77$,72' .- 232.69. 80 I �.. s N; I� ^�1 70x; I ll, s I p rn IN �i O rn 111 I �la 6 I 1 z o� I �1 w w:.,� � � 4 1320.31- 743.09 N N 99'15'34"W 260.54' PCIAYF OF tla Gmv�iNG R FRAN KLIN ROADLA ■ v kA515 OF BEARING Page 19 B. Preliminary Plat(dated: 10121122)—NOT APPROVED PRELIMINARY PLAT FOR Y�LmPml NEWKIRK SUBDIVISION raxxsNl v 3 sEl/4 F Wu 0F5l 10Nla wow n,w I �Wm (DOWIJ /� ® - z z I T �, �a '/;r ��/jambs• �V+ o z s I------———————— PPI.I Page 20 m. m. s.. v ---------- I _ ! v I ! W I ! ----- .. ---------- \ \ "— ----------, -------- ® I N ! I r \ o Y 2�"M.2 Page 21 C. Common Drive Exhibit—NOT APPROVED o f BLOCK l I I LOT 15 TAKES DIRECT cr v I I STREET ACCESS. 3D0' SIDE I I DRIVEWAY LOCATED ON 10 SIDE SETBACKI---� . I I I EAST SIDE OF LOT. UTILITY SETBACK TYP I I I I I I I I I a 11 12 I 13 14 I I 15 16 'zO 17 18 I I I I Z ZERO SETBACK o I I Y LOT LINE, TYP, N I6 10 I Of I Z 00 N=. I 0 4 I Ll 10 r W SEABURG STREET LOT 9 TAKES DIRECT — ——STREET ACCESS. a DRIVEWAY LOCATED ON 0. m SOUTH SIDE OF LOT. 12 REAR I N cYi o m I SETBACK TYP o X ,ri I I MN I �w 20.00' FRONT a ' BLOCK 2 SETBACK TYP I�� ? 8 8 I m I cc ---------j I 3 VW I z CIW IoLRS1�TE N PO BOX 6059 NEWKIRK SUBDIVISION 1. 0 1s ao BOISE,ID 83707 COMMON DRIVEWAY EXHIBIT SCE. I'-30' Ph.(208)946-3B74 cgr ham@6wag—nngmm Page 22 D. Landscape Plan—Preliminary Plat(dated: 9/6/2022) 3 Z m A Q m a z s I�Tr j T^ v' y z V) n _ n i v m a Z IWF gFi •T i i to L--J Ii d N i r ,Z ` tT g 7N Page 23 E. Conceptual Site Plan&Landscape Plan for Multi-Family Development 3 Z m 7U a M z a 0 .j a� x z a . z i i 110 C W I � ° I I i � Page 24 NEW1(fRl(APARTMENTS TA N.ZIMMERMAN LANE MERIDIAN,IDAHO DYE RALL GEK ERAL SITE NOTES SCALE: ......t'-w4 I" 1 TOTAL AREA ................454.70 I,F. ( 14.66 ACPE% DENSITY PROPOSED- . ., ..21113 R.N.Ar I., � n SIDES: 19 FEET - ----.--- I� REAR: ID FEET u n.. rrf FRONT[COLLECTOR 20 FEET } PROJECT DATA: `-- .. NUMBER DF APARTMENT BUILDING&...........10 NUMBER OF OWELLING UNITS:...............t16 . __ .... PARKING REQUIRED:............... .. ..416 1 5 SPACES F 49 1 NORM UNITS■71 ++ I NEWKIRN 2 SPACES K 119 2 NORM UNITS-IN re; i PARKING SPACES PROPOSED:..............."Z APARTMENTS PARKING SPACES PROPOSED PER UNIT:........LBB COVERED SPACES REQUIRED:...............216 COVERED SPACES PROPOSED:...............81 COMPACT SPACES PROPOSED:........ ,..,... L`:�Q� ACCESSIBLE PARKING SPACES REQUIRED:.......11 ACCESSIBLE PARKING SPACES PROPOSED;.......16 BICYCLE PARKING SPACES PROPOSED(1:24.....11 [ � r COMMON DINER SPACE REQUIRED:....-.'N,A*LF. 5a o,u.F 350 s.F.n.u.=Ta.1oo s.F- _ I COMMON OPEN SPACE PROVINED:.......46.362 S.F. i k4 — I SITE DEVELOPMENT AMENITIES PROPOSED: ��"p�+ 1. CLUBHOUSE(QUALITY OF LIFE) 2 FITNESS CENTER{QUALITY OF LIFE 3, ENCLOSER SIRE STORAQE(OIIALITI OF LIFE] ♦Le N 4. DOG PARK Wr WASTE STATION(OU4fTY OF UFE) 46" S. POOLIRECREATIONIi 6. WALNINO TRAILS IRECREATWN) 7 PICNIC AREA(OPEN SPACE) A 1. BIKE REPAIR STATION(MULTI-MODELI _ DEVELOPER: 620.LlL 601 W BANNOCK ST. Icy BOISE.ID 113702 ii CIVIL ENGINEER: CIVIL SITE WORKS 904 W RICHMOND ST. BOISE.ID 83705 (200)946-3074 ARCHITECT: T14E ARCHITECTS OFFICE,PLLC {91MAINST. Al 0D 1 OYERIALI YIE RAY BOISE,ID 81702 "" •° (208)343.2931 a-L Page 25 F. Common Open Space Exhibit&Calculations limp I,I _ 7i. .I dt It I ~., �g Oy Y S � I i Page 26 Project: Newkirk Neighborhood Date: 11-11.2022 ■lutk IM Sgft Open Space Dimensians DesviOwn Ckdesetti m 1 1 4,4SJ 41.31'x98' Cal lector Frontage C 1 I 1 1 A430 Nlulti4arnav Open Space MF 2 4 4,4Ji!j i8S'x 21.06' End Cap B 2 19 j 39.734 Large Parr A 4 1 8,792 Collector Frontage/Park kc S 2 Iks'"5 Cal Mellor Franta$e AC G,550 Pwkwaw Strip E Subtotals Acres Percent of Total Total SgFt 308,927 7.09197SU Qualified Open Space Ac 7,09 Total Project Acres WAS Mon-QuainFYing Open Space 0180 Percent of Quaified Open Spare 34.68% Arterial and CDIICL'Lur Frontage 99.778 2-27 31.9G% Buffers&EndcaQs 4,AK Q10 1 S% Flilkide 0-flf3 0-01 % 'Useable' 206,714 4-72 6659% Page 1 CkdE seer Desr�tim A 11-35-31A-28 Open grassy area of at Icast SAM'i n arca- 11-3G�3f3-iE Linear open space arw that is at lead twenty feet(29)and Lip to nifty Feel 150'),has an accom ti at each end and is improved and landwsped asset Forth in subsection E of this section. C 11-3U]f] 3 FulI Area or Buffer The full area of Lhe landscape buffer along collector slreeLs may count loward the required common open sp:ace- Percentage of Buffer:Fifty percent[So%)of the landscape buffer along arterial streets may D 11 3G 3fY-3 count toward Lhe required common open space. Parkways Along Collector and Local Resident ial Streets:Parkways ilong local residential E 11-3Gr3&4 straets that meet all of the followiNg Ua ndards may count toward the common open space requirement: Page 27 G. Site Amenities Proposed Amenities Single-family Area: A. Large 1-Acre,Play Park(Block Z,Lot 18)-The Newkirk Neigh L r;iciod Park will oontain the Iadow r , recreafion facilities: • Play Structure x • Swings { • Seating Benches • Shade Structure • CSmbing Rocks • Ombing Dome • Large Grass play area • Attractive Landscaping 4 • Playground fencing for safety ' {fF _ lF I VF%CW IMAM" j Page 28 B. Pathways-The Newkirk Neighborhood will include lhve following pedestrian pathways: • S'Wide Separated Pedestrian Pathway on Both sides of N.San Mar€a Way-Z,770 LF Pedestrian yathways within the Newkirk Neighborhood will total over one half _ mile in length_ — ' M. 5'F*A7FM^l+�Y C, Pathway Park(Block 4,Lot 1)-The Newkirk _ (T"YP) Neighborhood Park will contain a small pedestrian e a + . park including: + Shade Structure * Additional Pathway + Seating Areas * Attractive Landscaping 5HAPe - 5lIRLIC- tRE (rm) Proposed Amenities Multi-fa miIVArea. A, Multi-Family Amenities-The 216-unit Multi-family Chalet's will have the following Amenities: + Club House(Quality of Life) + Fitness Center(Quality of Life) + Enclosed Bike Storage(Qua Sty of Life) Dog Park W{Waste Station(Quality of life) + Pool(Recreation) • Walking Trails(Recreation) * Picnic Area(Open Space) • Bike Repair Station(Multi-Modal) * Outdoor Seating Attractive Landscaping Page 29 H. Pedestrian Connectivity Exhibit The Newkirk Neighborhood will include pedestrian pathw wp as well as internal sidewalks that will form a very connected and pedestrian friendly environment for the homeowners and public. cNer a mile of pedestrian pathway will be constructed within the Newkirk Neighborhood.This pathway system will provide a variety of opportunities for the residents of the Newkirk Neighborhou d to wal k, bike or connect to the greater Ten Mile Interchange Area. All internal streets and collector roadways will have separated sidewalks.The map below illustrates the pedestrian connectivity. :7171]I1 Yi - !r / r.r, I Ir Page 30 L 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. KA JX EXISTIN6 T TO BE REF I X - , 2x !/4K AA X Page 31 Map of existing trees Tree 1 10"Caliper shade—to be mitigated Tree 2 Large Willow with rotted base and many dead limbs. —No mitigation proposed i Tree 3 ` Large walnut tree, 30"—40"caliper,multi-trunk,poor condition, structural issues. To be mitigated at 50%. IVI �w Page 32 Tree 4 • Apple—poor to fair conditionto be • Tree 5 ••econdition • bemitigated t�a Tree 6 to be mitigated 6" Shade tree Page 33 tiY . Tree 7 18" Shade tree—fair Condition-to be mitigated Tree 8 7"Pine—fair condition—to be mitigated y. i Calculations from the Newkirk Landscape Plans LOCATION REQUIRED PROVIDED STREET TREES 54 TREE5 PARK/COHMON 142.130 5F 16000 = IS TREES 83 TREES OPEN 5PACE TOTAL WH5r;:F OP TREEr5! Ib TREES 137 TREES ALL EXI5TIN6 TREES TO BE REMOVED.SEE NOTE 5, TH15 SHEET_ Page 34 PLANT SCHEDULE TREE? BOTANICAL:COMMON NAME CONT CAL SIZE CITY REMARKS Acer x freemanii'Jeffersred'f Autumn Blazeb Freeman Maple B&B 2" 10 50'H 35W CLASS II Beuda papyrifera'Clump'f Clump Paper Birds B&B 2.5" 13 50'H x40'W,CLASS II,clump 0 Gleditsia triacanthos inennis'Skycole'TM Skylne Honey Locust B&B 2" 44 45'H X 35'W,CLASS II Makes x'Spring SnDW i Spring Snow Crabapple B&B 2" 4 20'H x 20'W.CLASS 1 Prunus virginiana'Canada Red';Canada Red Chokecherry B&B 2" 4 40'H x40'W, CLASS II Prunus x cerasifera'Cryo'¢am'I Crimson Pointe Flowering Plum B&B 2- 24 H 20'-2S W 64 CLASS II Pyrus cageryana'Charrodeer;Chantldeer Pear B&B T 30 30'-35'H x 22'W.Class II EVERGREEN (((���TREE BOTANICAL I COMMON NAME CONT CAL SIZE OTY REMARKS j � Pk*a gkauca'Sander s Blue'1 Sander's Blue White Spruce B&B 5'-7'H 11 T-dN x 2'-3'W Pima glaum'Pendula';Weeping White Spruce B&B 25'H 28 H1T411rW6-9 �(J Picea omori ka'Bruns'i Bruns Spruce B&B 6'-T H 4 30'H x T W Pinus hexilis'VandervrWs Pyramid'i Vanderwors Pyramid Pine B&B 6'-T H 9 20'-25'tat!&HT-I T 6% Page 35 J. Conceptual Building Elevations 40TA PPRII 2 PNN I EJ "Xl( CORBEL TRU WOOD B&B SIDING WI D ROOFING 30 YH. ❑5 1'X3'BATTS AT 16.O.C. SPHALI'SHINGLES LI'SMAHI SIDE 1"X 11' KID ROOFING STANDING 1 P SMARTSIDE 8•FASCI ASCIA W71•Xa• SEAM METAL ROO HADOW BD. For illustrative(i.e.color& finishes)purposes only—not proposed for construction 1 ` SOFFIT BOAR COTTAGE LAP SIDING SIDING .%6•CORBEL&KNEE BRACE LP SMARTSIDE 1"X6'CORNER/ DOOR/WINDOW IRIM WI I•X2' Ll ' LI SMAH ISIUE 1'%6'I HIM ON EDGE HEADER HIM No. COLOR NAME COLOR No. 1 DARK BROWN METAL WA 1 2 3 4 b 6 2 SEDATE SW6169 ■ ■ ■ ■ 3 INTELLECTUAL GREY SW7045 WARM 4 WARM STONE SW7032 � 5 CHARCOALBLACK WA D6.0122 6 WHITE VINYL WIND.FRAME WA o..o..u.,.. DESIGN CRITERIA M L 5 VICINITY MAP 1 FRONT ELEVATION �•_•�." —"—""• ® — _g a r O ❑ 0o U LEFT ELEVATION _ I� �+ ;F _ ppo m l^J REAR ELEVATION 4 RIGHT ELEVATION 1.0 Page 36 2-PACK ae BLOCK X =_ � El j �md DESIGN CRITERIA eomslox uuu m m [] H000 0000 � s VICINITY MAP 5 _� y FRONT ELEVATION LU 2 LEFT ELEVANppo CORBEL DETAIL �/2 TIO 6 e , 01 J 3 REAR ELEVATION r4 RIGHT ELEVATION 1A v P SMARTSIDE I'Xi2'FASCIP. KU HI:I OEINGSTANDM KD ROOFING 30 YR. 30'TALL TRIANGULAR GABLE LPSMARISIDE I'%G'COHNLRI l 19C8'SHADOW tlU. '-E1M METAL ROOF ASPHALT SHINGLES ENT W/4'BUILD OUT-BMC DOOR/WINDOW I RIM Wf I'-- ON EDGE'HEADER I RI \ El TRU WOOD BBBSIDINGWf 1HUWOOD B& SI ING LI'SMnRISIUE B'FASCIA ,.3. 3 PAINTED 8'X70'CORBE _ _ ❑ N 1 'U WOOD SHAKE HINDLE SIDING I RU W OOO e" COI I AGE LAI' SIDING 8 P SMARTSIO 'XS'WO.COL RU WOOD SOFFI 'X6'CORBE 1'%8'TRIM BAN BOARU SI DIN KNEE ISRAC COLOR NAME COLOR 1 No 1 CLASSIC FRENCH GREY SWDB]? 1 2 3 4 2 FENLAND SW7544 3 SEDATE GREY SW6169 4 MODERNE WHITE SW6168 5 STAIN-CHESTNUT SW3524 5 6 7 6 8 DARK BROWN METAL WA NONE gr] CHARCOALBLACK WA 8 BLACK VINYL WIND.FRAME WA 04_01 22 arro....... Page 37 K.B / A. . — -- � -- -Diu-— — .12 i1 FRONT ELEVATION 2 LEFT ELEVATION 0- we W se _ YT —� d i n •.-W-'REAR ELEVATION DESIGN CRITERIA v a �j FUF1 4 RIGHT ELEVATION /1 VICINITY MAP 1.o 1 � S.PACK-A ♦� s a Q LOT: x BLOCK: X Um- ,,,, III III T TT SUBDMSION 7T LJLLT FRONT ELEVATION 1�'J t,q^=,•n^ 2 LEFT ELEVATION r Nor m U A, IR�1_ � go � rill �. _ m 3 REAR ELEVATION DESIGN CRITERIA lJ ve•=tin^ ® v a n -��. .ter # '.❑- - RIGHT ELEVATION 5 VICINITY MAP v 1.o Page 38 f� __________________-__-_____-______-______-_____________ p ..-_ _._ - - - • �I�p I`I I II 1111 l '.i"i IIIII----HIl■�i111I 1 IIYmIGIIRIGIII�nIIllmilll■111�111.111'��IIV `Ilpp„IGIII■iII IlI1�jIIl o =11 �IInJI,�1��11=G- -n1=11�11=n- =®1111=I1111=11=G- -n�1=11 o -■ _FEg_■== __■=W —■=hmll-■- _C- �e =•IIIL.IIIIIIII(IIIIIIII II�I`Il .11llli �I®,IIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIII ,- ®� 07 p — d•° saw m� - - - - _ --------------- --------------- 11 Iml m®I I Ism■■liniA 11 II11'Il.uuu a Ileum 11 IIIIIIII � YII��u -- U1 I� ��uul �-II����IIYI 11=r■�-��_�=11-11-11-�-��-n-11-1rfr■�-��-�-11-11--n 11=-11_= -- = i� I � = - _ ,,. �c� �IIIIIIIII Illilllllllilllllllllll�lll 11 III■II■■w.l a ■■■`I IGw -�unil 1111'I�o i-III IIIII I�nul� Inilll�I111Illiu�' �nilllll p �-_ _ — _ _- 11-n _._11-IIIII-II-G_ n 11 111 ■ -■ Intl ■ ■ !� - = lII 1 IIInmI'Irilll III®111'nOWN l6'��IIIII'nIP®III■�Ilrill �I-I I�III.IIIIIIIIIIIiIIIIIIIiIIIIIIIIIIIIiIJll1 L t■ 11 p , Tit Page 40 i ~ �I 1 t _ �+► C \ J: S i O NO VP CF! mm- 1,11151M.-M -------------- __.___ ___ _ _______ ___________._ ________________________ _________________-_==__i_I_II__of o , 1 11 lill �1 11 ___I ice_ __ EM ___ o _-mo-a=-mom== ���o�o�•a_���o o��=- �m �l-l-l-l-l-l-l-l-l-l- ooa -----_= ------ I ill, ______________� _=L7 ------------- Wd �I-WTHM=:......................... . .. _ - === n_ - ti I ------------ { 2THEAING R40AI 0 n 0 FTfPM > El E:l E) �_---� ®k c 0 OV > o I ' IoLQ ' � _--- ----- I 1iNGR. OFFICE I I FM I cl 3CCM 1 I I WL 'cm Fn70nu ----------------------------- Page 43 K. Parking Exhibit SINGLE-FAMILY The Newkirk Neighborhood will meet or exceed all of the requirements of the City of Meridian's Code 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 (over 0.5 additional per home) on-street parking spaces will be available for use by the residence. i n 1 I 1 • " r � 1 : 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 4.50 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 fvsi enti.l development sh n be developed; eensider-a4ien of A14UDR FuPdfe Land Use Map designation(see the Applieation of the Design Elements 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. . ALB- 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. £ 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. Bike rnv netravel Lane Unie — Law 34' Lane CurWo-curb distance 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-IOC.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 II trees along all local streets per UDC Table 11-2D- 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 VIILC 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 casement 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.5. 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 I I"map with bearings and distances(marked EXHIBIT B) for review.Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 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://weblink.meridianciby orgj ebLink/DocView.aspxTid 286169&dbid 0&repo MeridianQ D. POLICE DEPARTMENT hyps://weblink.meridiancity.orgi ebLink/DocView.aspxTid 286172&dbid 0&repo MeridianQ E. PARK'S DEPARTMENT No comments were submitted. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.orgj ebLink/Doc View.aspxTid 287222&dbid 0&repo MeridianQ G. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.org/WebLink/DocView.aspxTid 287028&dbid 0&repo MeridianQ H. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancioy.org/RebLink/DocView.Wx?id 287286&dbid O&repo MeridianCitX I. ADA COUNTY HIGHWAY DISTRICT(ACHD)—DRAFT REPORT https://weblink.meridianciU.org! ebLink/DocView.Wx?id 289313&dbid O&repo MeridianCitX Page 50 EMAIL FROM CHRISTY LITTLE ON THE FURTURE ROAD EXTENSIONS FOR NEWKIRK SUBDIVISON Bill&Sonya, Sorry for the late e-mail but we have been working through solutions this week regarding Zimmerman Lane. I had hoped to have a revised report for you today,but rather than chance sending a report with errors,I'll just outline the changes here. 1. Zimmerman Lane will not be required to be constructed as a public street through the site. As demonstrated by the TIS,it is not needed to serve the site;and there is no designation on the MSM at this location for a collector. 2. Zimmerman Lane will remain as private and continue to provide access to the 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. Developerwill extend Ski Hill Street into the site and Feather Reed. 6. Ascent Ave—just a reminder about the condition on 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 ,.yJv ig 0 EXISn-STUB STREETS 11L whow J. SCHOOL IMPACT TABLE(COMMUNITY DEVELOPMENT) https://weblink.meridiancioy.orgi ebLink/Doc View.aspx?id 286766&dbid 0&repo Meridian0 K. DEPARTMENT OF ENVIRONMENT QUALITY(DEQ) https://weblink.meridiancioy.orgi ebLink/DocView.Wx?id 287890&dbid O&repo MeridianCitX L. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridianciby oCgj ebLink/DocView.aspx?id 287353&dbid 0&repo Meridian0 X. FINDINGS A. Annexation and/or Rezone(UDC 11-511-3E) 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; Stafffinds there is public financial capability ofsupporting 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 Summary:conditionsrecommendation and staff In agreement with the P&Z •loaded-including alleyHD designation, -consistent with MProvides variety of housing types •hitting TMISAP density targetsProvides 35% open space while still •mile collector-Provides mid•Meets goals of TMISAP despite site •NN Follow NN(requiring conveyance of triangle to NMID)1.c Delete Condition -Revised Preliminary Plat Documents: Annexation Legal Description: Landscaping Maintenance of Triangle Parcel (NMID): ALL IN AGREEMENT (TWO SIGNED)Zimmerman Lane Transfer Agreements: AGREED WITH STAFFCondition Regarding Zimmerman Lane Land Transfer: Up to Prior Hearing- NN NN 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• 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 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• 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)- TRANSPORTATION NETWORK NN COMMON DRIVE NN SURROUNDING DEVELOPMENT DENSITY NN HENLEY STATION NN HENLEY STATION NN SAMPLE LANDSCAPING OF HOMESITES NN 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 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- 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 HOUSING EXAMPLES NN Chaletsfamily-Multi CARPORT DESIGN NN 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 E IDIAN --- AGENDA ITEM ITEM TOPIC: Ordinance No. 23-2014: An ordinance (Kingstown Subdivision H-2022-0045) annexing all of Lot 4, Block 1,Jasmin Acres Subdivision as filed in Book 59 of Plats at Pages 5829 and 5830, records of Ada County, Idaho, located in the northeast quarter of the southeast quarter and the northwest quarter of the southeast quarter of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 8.20 acres of such real property from RUT(Rural-Urban Transition) Zoning to R-8 (Medium-Density Residential) Zoning District; directing city staff to alter all use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2023-020867 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/12/2023 08:13 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 23-2014 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER AN ORDINANCE (KINGSTOWN SUBDIVISION — H-2022-0045) ANNEXING ALL OF LOT 4, BLOCK 1, JASMIN ACRES SUBDIVISION AS FILED IN BOOK 59 OF PLATS AT PAGES 5829 AND 5830, RECORDS OF ADA COUNTY, IDAHO, LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," REZONING 8.20 ACRES OF SUCH REAL PROPERTY FROM RUT (RURAL- URBAN TRANSITION) TO R-8 (MEDIUM-DENSITY RESIDENTIAL) ZONING DISTRICT; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City of Meridian received a written request from property owner High Lakes, LLC to annex and rezone the land described in the legal description attached hereto as Exhibit A and the map attached hereto as Exhibit B ("Subject Property"), which exhibits are incorporated herein by reference; WHEREAS,the Subject Property is contiguous to the corporate limits of the City of Meridian, Idaho; WHEREAS, the City of Meridian is authorized by Idaho Code section 50-222(2)to annex the Subject Property; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the City Council of the City of Meridian hereby annexes the Subject Property. SECTION 2. That the City Council of the City of Meridian hereby rezones 8.20 acres of the Subject Property from RUT (Rural-Urban Transition) to R-8 (Medium-Density Residential) Zoning District. ANNEXATION ORDINANCE—KINGSTOWN SUBDIVISION H-2022-0045 Page I SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6. That this ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this IIth day of April, 2023. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this IIth day of April, 2023. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this I I th day of April 2023,before me,the undersigned,a Notary Public in and for said State,personally appeared Robert E.Simison and Chris Johnson known to me to be the Mayor and City Clerk, respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public Commission Expiration: 3-28-2028 ANNEXATION ORDINANCE-KINGSTOWN SUBDIVISION H-2022-0045 Page 2 EXHIBIT A A Description for R-8 Zone March 4, 2022 All of Lot 4, Block 1, Jasmin Acres Subdivision as filed in Book 59 of Plats at Pages 5829 and 5830, records of Ada County, Idaho, located in the Northeast 1/4 of the Southeast 1/4 and the Northwest 1/4 of the Southeast 1/4 of Section 32, Township 4 North, Range 1 East of the Boise Meridian, Ada County, Idaho more particularly described as follows: BEGINNING at the Center 1/4 corner of said Section 32 from which the 1/4 corner common to Sections 32 and 33, T.4N., R.1 E., B.M., bears North 89°39'12" East, 2,657.16 feet; thence on the east-west centerline of said Section 32 coincident with the south boundary line of Zebulon Heights Subdivision No. 2 as filed in Book 99 of Plats at Pages 12772 through 12774, records of Ada County, Idaho, North 89039'12" East, 903.13 feet to the westerly boundary line of Delano Subdivision No. 1 as filed in Book 121 of Plats at Pages 19124 through 19128, records of Ada County, Idaho; thence on said westerly boundary line the following two (2) courses and distances: South 01010'06" West, 511.26 feet; South 16007'46" West, 50.91 feet to the northerly boundary line of Champion Park Subdivision No. 3 as filed in Book 93 of Plats at Pages 11149 through 11153, records of Ada County, Idaho; thence on said northerly boundary line the following five (5) courses and distances: North 63003'48" West, 177.52 feet; North 70046'48" West, 121.52 feet; North 78020'48" West, 160.92 feet; North 66008'48" West, 283.74 feet; ONPL LAND ENSF S� O cc 0 11779 Cep�TF 0 F \OP p� YM MCCN Page 1 of 2 North 65026'48" West, 72.27 feet to the Northeast corner of Lot 18, Block 17 of Champion Park Subdivision No. 2 as filed in Book 89 of Plats at Pages 10374 through 10377, records of Ada County, Idaho; thence on the northerly boundary line of said Champion Park Subdivision No. 2 the following four (4) courses and distances North 65026'48" West, 38.74 feet; North 53012'48" West, 164.82 feet; North 29045'48" West, 43.31 feet; North 13005'48" West, 107.13 feet to the east-west centerline of said Section 32 coincident with the south boundary line of Heritage Subdivision No. 2 as filed in Book 23 of Plats at Pages 1452 and 1453, records of Ada County, Idaho; thence on said south boundary line, North 89054'08" East, 90.32 feet to the to the REAL POINT OF BEGINNING. Containing 8.200 acres, more or less. End of Description. ONPL LA �CO v NSFO sG� 11 79 �0 9TF O F YM MCCN Page 2 of 2 EXHIBIT B Scale: 1"=200' 0 50 100 200 400 BASIS OF BEARING N89'39'12"E 2657.16' HERITAGE w SUB. NO. 2 �3 O� N89'54'08"E ZEBULON HEIGHTS o-j ZEBULON HEIGHTS 90.32' SUB. NO. 2 z FX SUB. NO. 2 C-1/4 N89'39'12"E 9103.13' 1/4. 5.32 5.33 N13'05'48"W Real Point of Beginning o I at: 107.13' � I J I N29'45'48"W �y, !s j (aa N I ud 43.31' C3j 82' t8.200 ACRES ud ?R89 NIS 6'48"W L o CHAMPION PARK 72.27' 3 2 2 SUB. NO. 2 N65'26'48"W �/ o W q 38.74' 18 bg62, _o q a Oe 48 a. V a / muc-�60.92 j 2v N78�0'4g„w G� I 2 N70'46'48"W 121.52' O34 E. JASMINE LN. g� S16'07'46"W CHAMPION PARK �50.91' SUB. NO. 3 Npl LAND 5 SCE N Sic G d 11779 P:\2610 JASMMJE LN 21-125\d g\21125 A--tiw ErRtlwg 3/4/2022 4:38:19 PM Job No. N�3 /?�ZZ 0 IDAHO Exhibit Drawing for z1-1zs C1009p� OF �1D SURVEY �1�1EMERALD T. R-8 ZONE Sheet No. y (208)84&8570 1 M. McCpN` GROUP, LLC Lot 4, Block 1, Jasmine Acres, Located in the NE1 4 of the 91/4 & the Dwg. Date NW1/4 of the SE1/4 of Section 32. T.4N., RAE.. B.M., Ada County, Idaho 3/4/2022 n89°54'08"e n89°39'12"e 90.32 903.13 a?> A W ijS�oEge 7?,2 ABiy 3 �o N� In c O N ns6 p848.w n 160.92 �8 2048..w 121 46, �63 D�S2 349"w fie` � t LAN4 4- �.� . 3 11779 3/4/2022 Scale: 1 inch= 150 feet File: R-8 Zone.ndp Tract 1:8.1987 Acres(357135 Sq.Feet),Closure:n63.5247w 0.01 ft.(1/483703), Perimeter=2726 ft. 01 e21.87 n-7.81 11 n53.1248w 164.82 02 n89.3912e 903.13 12 n29.4548w 43.31 03 s01.1006w 511.26 13 n13.0548w 107.13 04 s16.0746w 50.91 14 n89.5408e 90.32 05 n63.0348w 177.52 06 n70.4648w 121.52 07 n78.2048w 160.92 08 n66.0848w 283.74 09 n65.2648w 72.27 10 n65.2648w 38.74 I 3 t I CERTIFICATION OF SUMMARY: William L.M.Nary, City Attorney of the City of Meridian,Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. j William L. M.Nary, Ci Attorney l i SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 23-2014 An ordinance (Kingstown Subdivision H-2022-0045) annexing all of Lot 4, Block 1, Jasmin Acres Subdivision as filed in Book 59 of Plats at Pages 5829 and 5830,records of Ada County,Idaho,located in the northeast quarter of the southeast quarter and the northwest quarter of the southeast quarter of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 8.20 acres of such real property from RUT (Rural-Urban Transition) Zoning to R-8 (Medium-Density Residential) Zoning District; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B.] i I i ANNEXATION ORDINANCE-KINGSTOWN SUBDIVISION H-2022-0045 Page 4