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HomeMy WebLinkAbout2023-04-25 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, April 25, 2023 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilwoman Jessica Perreault PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted PUBLIC FORUM – Future Meeting Topics CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilman Cavener 1. Approve the Minutes of the April 11, 2023 City Council Regular Meeting 2. Key Bank Water Main Easement No. 1 3. Outer Banks Release of Sanitary Sewer Easement No. 1 (ESMT-2023-0064) 4. Outer Banks Release of Water Easement No. 1 (ESMT-2023-0065) 5. Outer Banks Release of Water Easement No. 2 (ESMT-2023-0066) 6. Rustler Subdivision Temporary Construction Easement 7. Final Order for Friendship Subdivision (FP-2022-0001) by Centurion Engineers, Inc., generally located at 6168 Elk Ranch Ln. 8. Development Agreement (Millwood Subdivision H-2022-0089) Between City of Meridian and Epic Development LLC for property located at 1975 E. Victory Rd. 9. Findings of Fact, Conclusions of Law for Newkirk Neighborhood (H-2022-0088), by Conger Group, located at 4250 W. Franklin Rd. 10. Development Agreement for Hadler Neighborhood (H-2022-0064) Between City of Meridian and Blackcat1 LLC for property located at 7200 S. Locust Grove Rd. 11. License Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian for Fivemile Pathway and Bridge Crossing of Ninemile Creek 12. Approval of Design Build AIA Agreement with American Ramp Company, Inc. for the Discovery Park Bike Park for the Not-To-Exceed Amount of $821,500.00 13. Resolution No. 23-2385: A Resolution of the City Council of the City of Meridian Approving City Council President's Appointments of Meridian's Representatives to Community Planning Association of Southwest Idaho and its Executive Board; Providing an Effective Date; and Affirming Other Appointments ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PROCLAMATIONS \[Action Item\] 14. Denim Day Proclamation ACTION ITEMS 15. Fiscal Year 2023 Budget Amendment for Lakeview Golf Course Patio Shade Cover for a Not-to-Exceed Amount of $52,485.00 Approved Motion to approve made by Councilman Borton, Seconded by Councilman Cavener. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilman Cavener 16. Recommendation and Appointment of new Director of Human Resources Approved Motion to approve made by Councilman Borton, Seconded by Councilman Cavener. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilman Cavener 17. Public Hearing for Southridge No. 3 (VAR-2023-0001) by Engineering Solutions, LLP., located at 1938 W. Henry's Fork Dr. Approved Application Materials: https://bit.ly/VAR-2023-0001 A. Request: Variance request for a one-foot reduction of the required five-foot interior side setback on the east side of Lot 10, Block 8 in Southridge Subdivision Phase 3, due to a staking error which resulted in the home being constructed one-foot within the five-foot side yard setback on 0.177 acres of land in the R-8 zoning district. Motion to approve made by Councilman Cavener, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilman Cavener 18. Public Hearing for Southridge No. 3 (H-2023-0015) by Engineering Solutions, LLP., located at 1938 W. Henry's Fork Dr. Approved Application Materials: https://bit.ly/H-2023-0015 A. Request: Vacation of utility easements within one-foot of the required five- foot side yard easement setback on the east side of Lot 10, Block 8 in Southridge Subdivision Phase 3, due to a staking error which resulted in the home being constructed one-foot within the five-foot side yard setback on 0.177 acres of land in the R-8 zoning district. Motion to approve made by Councilman Cavener, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilman Cavener ORDINANCES \[Action Item\] 19. Ordinance No. 23-2016: An Ordinance (Millwood Subdivision – H-2022-0089) annexing the northwest quarter of the northwest quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit “A”; rezoning 4.74 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; repealing conflicting ordinances; and providing an effective date. Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilman Cavener 20. Ordinance No. 23-2017: An Ordinance (Hadler Neighborhood – H-2022-0064) annexing Lot 1, Block 1 of Rescue Ranch Subdivision and a portion of the adjacent public right-of-way of S. Locust Grove Road, situated in the north half of the southwest quarter of Section 5, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit “A”; rezoning 20.5 acres of such real property from RUT (Rural Urban Transition) to R-15 (Medium High- 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. Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilman Cavener 21. Ordinance No. 23-2018: An Ordinance (Rackham East – H-2022-0085) annexing a portion of the northwest quarter of the southeast quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit “A”; rezoning 0.143 acres of such real property from RUT (Rural Urban Transition) to C-G (General Retail and Service Commercial) 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. Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilman Cavener 22. Ordinance No. 23-2019: An Ordinance (Rackham East H-2022-0085) for rezone of a parcel of land being Lots 18 and 19, Block 1 of Rackham Subdivision (Book 120 of Plats at pages 18,582-18,588, records of Ada County, Idaho), situated in a portion of the northeast quarter of the southwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit “A,” rezoning 3.938 acres of land from C-G (General Retail and Service Commercial) zoning district to R-40 (High-Density Residential) zoning district in the Meridian City Code; 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; and providing an effective date. Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilman Cavener EXECUTIVE SESSION 23. Per Idaho Code 74-206(1)(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student Approved Motion to enter executive session made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilman Cavener Into executive session: 6:31 p.m. Out of executive session: 6:46 p.m. FUTURE MEETING TOPICS ADJOURNMENT 6:46 p.m. Meridian City Council April 25, 2023. A Meeting of the Meridian City Council was called to order at 6.02 p.m. Tuesday, April 25, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Brad Hoaglun, Luke Cavener, Liz Strader and John Overton. Members Absent: Jessica Perreault. Also present: Chris Johnson, Bill Nary, Stacy Hersh, Mike Barton, Mark Ford, Kris Blume and Dean Willis. ROLL-CALL ATTENDANCE _X Liz Strader _X Joe Borton _X_ Brad Hoaglun _X_ John Overton Jessica Perreault _X—Luke Cavener X Mayor Robert E. Simison Simison: Council, we will go ahead and call the meeting to order. For the record it is April 25th, 2023. It's 6.02 p.m. We will begin this evening's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Tonight's invocation will be delivered by Milton Marquez. If you would all, please, join us in the community invocation or take this as a moment of silence and reflection. Good evening. Marquez: Good evening. Lord, we are thankful that you have placed these wonderful men and women here in leadership over our beautiful city and we just want to pray at this moment that your -- your presence will fill this -- this Chamber, that you will give wisdom as they make the important decisions, as they lead and that where there is confusion you will be bring clarity. Where there is disagreement you will bring humility and unity and overall, Lord, that every decision that's made here today will bring honor and glory to your name. Thank you once again for the responsibility you have placed on them and just use them wisely so that our city can continue to move forward and thrive for all people, all citizens here. Thank you once again, in Jesus' name. Amen. Meridian City Council April 25,2023 Page 2 of 17 ADOPTION OF AGENDA Simison: Thank you. Next up is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we adopt the agenda as published. Borton: Second. Simison: Have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, anyone signed up under public forum? Johnson: Mr. Mayor, no. CONSENT AGENDA [Action Item] 1. Approve the Minutes of the April 11, 2023 City Council Regular Meeting 2. Key Bank Water Main Easement No. 1 3. Outer Banks Release of Sanitary Sewer Easement No. 1 (ESMT-2023- 0064) 4. Outer Banks Release of Water Easement No. 1 (ESMT-2023-0065) 5. Outer Banks Release of Water Easement No. 2 (ESMT-2023-0066) 6. Rustler Subdivision Temporary Construction Easement 7. Final Order for Friendship Subdivision (FP-2022-0001) by Centurion Engineers, Inc., generally located at 6168 Elk Ranch Ln. 8. Development Agreement (Millwood Subdivision H-2022-0089) Between City of Meridian and Epic Development LLC for property located at 1975 E. Victory Rd. Meridian City Council April 25,2023 Page 3 of 17 9. Findings of Fact, Conclusions of Law for Newkirk Neighborhood (H- 2022-0088), by Conger Group, located at 4250 W. Franklin Rd. 10. Development Agreement for Hadler Neighborhood (H-2022-0064) Between City of Meridian and Blackcat1 LLC for property located at 7200 S. Locust Grove Rd. 11. License Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian for Fivemile Pathway and Bridge Crossing of Ninemile Creek 12. Approval of Design Build AIA Agreement with American Ramp Company, Inc. for the Discovery Park Bike Park for the Not-To- Exceed Amount of$821,500.00 13. Resolution No. 23-2385: A Resolution of the City Council of the City of Meridian Approving City Council President's Appointments of Meridian's Representatives to Community Planning Association of Southwest Idaho and its Executive Board; Providing an Effective Date; and Affirming Other Appointments Simison: Okay. Then we will move on to the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we approve the Consent -- Consent Agenda and for the Mayor to sign and Clerk to attest. Borton: Second. Simison: Have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] PROCLAMATIONS [Action Item] 14. Denim Day Proclamation Simison: Next item up is a proclamation, which is for Denim Day for Sexual Assault Awareness Month. If I could have Bea and your team join me at the podium it would be Meridian City Council April 25,2023 Page 4 of 17 great. So -- and I always apologize. Everyone knows I don't have any denim that is legally allowed to wear under the city's policies. So, I'm -- unfortunately I don't have that. But we will go ahead and read a proclamation for this and, then, turn this over to you be, Bea, and anybody else from your team that would like to say a few words. Black: Thank you, Mayor. Simison: Okay. Whereas the United States government has declared April as Sexual Assault Awareness Month and the Woman's and Children's Alliance has declared April 26th, 2023, as Denim Day and whereas both events are intended to draw attention to the fact that rape and sexual assault remains a serious issue in our society and whereas Sexual Assault Awareness Month and Denim Day were also instituted to call attention to misconceptions and misinformation about rape and sexual assault and the problem that many in society remain disturbingly uninformed with respect to the issue of assault and forcible rape and whereas with proper education on the matter there is compelling evidence that we can successfully reduce incidents of this alarming and psychologically damaging crime and whereas the City of Meridian is an important partner in the Woman's and Children's Alliance efforts to educate our community about the true impact of rape and sexual assault. Therefore, 1, Mayor Robert E. Simison, do hereby proclaim April 26, 2023, as Denim Day for Sexual Assault Awareness Month in the City of Meridian and encourage all citizens to speak out against sexual assault and support local efforts to provide help and healing to victims of these crimes, dated this 25th day of April 2023. So, if you will accept this proclamation on our behalf of the city for all the good work that you do and the attention that will raise for this cause. Appreciate it very much. Black: Thank you so much, Mayor Simison and all City Council Members. We so appreciate the support. We just -- the more voices that are out there talking about the dangers of victim blaming, the more voices that are out there saying it's okay to come forward, that it's safe to report, the more we might be able to impact this. So, it means an awful lot to have the partnership we have had for -- for several years and it's just a real honor and a blessing and very humbling to be able to be here and be part of this tonight. So, thank you all very much. Have a great meeting. ACTION ITEMS 15. Fiscal Year 2023 Budget Amendment for Lakeview Golf Course Patio Shade Cover for a Not-to-Exceed Amount of$52,485.00 Simison: Okay. With that we will move on to item -- our Action Items for this evening. So, first up is Item 15, which is the fiscal year 2023 budget amendment for Lakeview Golf Course patio shade cover. I will turn this over to Mr. Barton. Barton: Good evening, Mayor and Council. I'm here this evening to present a budget amendment in the amount of 52,485 dollars that will fund the installation of the patio shade at Lakeview Golf Course that was presented to you approximately a month or so Meridian City Council April 25,2023 Page 5 of 17 ago. We bid this project. We had two bids. They were within 13 dollars of one another and the low bid is 49,986. The remainder is a five percent contingency for anything unforeseen that might come up. And with that I will stand for questions. Simison: Thank you. Council, any questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Mike, I appreciate you bringing it forward. I think the -- this was contemplated. It could have been done with savings perhaps or part of a -- an existing budget, but to do it in a budget amendment to make it even more transparent all the better. So, fully supportive of the request you are presenting. Barton: Appreciate it. Simison: Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks, Mike. Appreciate it also being done as a budget amendment. Seems like the right way to do it. I am hesitant on some of the further renovations for the golf course, but I think this specific improvement makes a lot more sense and doubles the usable space out there. Feels like it -- this is a requirement, so I appreciate you doing it this way and bringing it forward. Thanks. Simison: Any additional comments or questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move that we approve the fiscal year 2023 budget amendment for the Lakeview Golf Course patio shade cover in an amount not to exceed 52,485 dollars. Cavener: Second. Simison: Have a motion and a second to approve Item 15. Is there discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, absent; Strader, yea; Overton, yea. Meridian City Council April 25,2023 Page 6 of 17 Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Barton: Thank you. 16. Recommendation and Appointment of new Director of Human Resources Simison: Thank you, Mike. So, Council, Item 16 is the recommendation appointment of the new Director of Human Resources, who is here in the room this evening. I know she hasn't officially met everyone of you in the same way, but she's met a majority of you in different ways and it was a great opportunity to go through the process, working with Council, working with our directors, working with the HR team to help find the right person to lead the city moving forward and that -- that person is Debbie Hoopes and she has a long history of human resources in a variety of disciplines that I think are going to be a huge asset to the city from other local government experience over in the state of Oregon early on her career, which has involved time working with, you know, EMS and unions to working with the Idaho Department of Correction -- Corrections, which is, you know, a very unique skill set and applicable to work with our police departments. She's currently with the Parks and Rec for the state of Idaho. Again, you know, dealing with seasonals -- a lot of the very similar challenges that we find ourselves -- or similar situations we find ourselves in as a city in terms of being able to take those skills and apply them to the different work groups that we have and the different challenges we have from, you know, time of, you know, 24 hour shifts, unions, as I already mentioned hiring in groups of people. Further you see the whole human resources team here for tonight. Big deal in -- in that regards. You know, she -- she had time to sit down with each of them, get to know them and where they are -- see the future of the department and what they are doing and how to integrate in that regards. So, I -- I feel very personally comfortable and confident that we found the right person to move our Human Resources team forward to address the multitude of issues that we still have to do from the compensations side of it, all the way down to the one-on-one employee engagement to make the employees get to, you know, know the Human Resources director and the team and that comfort level in that regards. So, I'm excited to have her join the team in June. But we have been working well on a good quality exit for her from her current employment, as well as she is meeting regularly with Christena to keep abreast of what the -- what's going on here at the city in the meantime, so she's aware of many things as we head into the budget season and those needs and the conversations on some of the larger issues. So, I feel comfortable and confident in the timing in order to bring her on and help us out. So, with that I would be happy to answer any questions you may have, but you don't get to talk to her -- no, she can -- if you -- if you want to ask her we can -- we can bring her up as well, but she's -- she's in the audience as well. So, with that I will stand for any questions. Overton: Mr. Mayor? Meridian City Council April 25,2023 Page 7 of 17 Simison: Councilman Overton. Overton: I would just like to say that I had the opportunity to speak with Debbie and I think that her background is tremendous coming to the city and the variety that she had, just as you have stated, and her thought process on dealing with the type of problems and issues we have here in our city, it was a breath of fresh air to hear how she would handle situations that we have had in the past and, unfortunately, we may have to deal with in the future. I'm really excited to see her come on board. Simison: Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I also had the opportunity to chat with her by phone and -- and good discussion and -- and I think the other -- other thing that she brings to the table is -- is you have assembled a great director team throughout the city in our various departments. Good people with a great eye for talent and organizational skills and -- and she's going to fit right in and will add her experience and outlook and -- and vision for -- for that team as well as they -- as they work with you on some of the challenges that we face as -- as a community. So, I'm also excited about that aspect of it, among her other -- other talents that everyone has spoken to. So, I'm -- I'm looking forward to her starting in June. Simison: Thank you. Anything further or do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, I move approval of Debbie Hoopes as our new director of Human Resources for the City of Meridian. Cavener: Second. Simison: Have a motion and a second -- and -- and that's effective as of June 12th. Hoaglun: June 12th is good if the second agrees. Cavener: Yep. Simison: Okay. Have a motion and a second. Is there further discussion? Cavener: Mr. Mayor? Meridian City Council April 25,2023 Page 8 of 17 Simison: Councilman Cavener. Cavener: Real quick. I appreciate the comments of the Council. I just also -- to your point, Mr. Mayor, it's rare -- maybe the size of the department was fitting -- it's rare that we get the entire department here for a recommendation and I just -- I want to thank the department, Christena, everyone. I know it's been a busy time this -- this time of year and to be short staffed, you guys have really just stepped up and have led our city and led our employees well and I just want to say we are also appreciative -- I know our employees are appreciative. You make that work look very very easy and so credit to you for doing a great job and making it look easy all at the same. Simison: Thank you. Appreciate that. With that, no further comments, ask the Clerk to call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, absent; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and congratulations. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Debbie, would you like to make any comments? Hoopes: Mayor, Council Members, I just want to say how appreciative I am of having the opportunity and the trust that you have given me in being able to lead this great HR team that I have behind me. It would be great if you come into a totally dysfunctional and you turn it around, but I don't think that's what I'm going to be dealing with. I think they have done a great job in keeping things together and the city moving forward as it grows and so I just really look forward to getting to know everyone, the department heads and really working hard for City of Meridian. So, I really appreciate the opportunity you are giving me. Thank you. Simison: Thank you, Debbie. Appreciate it very much. And there is no -- you don't need to sit around any longer than you want to this evening. You know, time with families is valuable. 17. Public Hearing for Southridge No. 3 (VAR-2023-0001) by Engineering Solutions, LLP., located at 1938 W. Henry's Fork Dr. A. Request: Variance request for a one-foot reduction of the required five-foot interior side setback on the east side of Lot 10, Block 8 in Southridge Subdivision Phase 3, due to a staking error which resulted in the home being constructed one-foot within the five-foot side yard setback on 0.177 acres of land in the R-8 zoning district. 18. Public Hearing for Southridge No. 3 (H-2023-0015) by Engineering Meridian City Council April 25,2023 Page 9 of 17 Solutions, LLP., located at 1938 W. Henry's Fork Dr. A. Request: Vacation of utility easements within one-foot of the required five foot side yard easement setback on the east side of Lot 10, Block 8 in Southridge Subdivision Phase 3, due to a staking error which resulted in the home being constructed one-foot within the five-foot side yard setback on 0.177 acres of land in the R-8 zoning district. Simison: So, with that we will move on to Item 17 and 18. So, we will open the public hearings for Southridge No. 3 Variance 2023-0001 and Southridge No. 3, H-2023-0015 and we will do that with public comments from Stacy. Staff comments. Hersh: Good evening, Mayor and City Council. The applicant has submitted concurrent applications for Southridge for the easement vacation and variance. The size of the property is 0.17 acres of land. Zoning is R-8 and the property is located at 1938 West Henrys Fox -- Forks Drive. History on this piece of property is there is an existing development agreement, pre-plat and final plat that were approved. The comprehensive FLUM designation is medium density residential and the summary of the request is the applicant requests approval for a variance and to vacate the one foot wide public utility drainage and irrigation easement to encroach within one foot of the five foot side yard setback in -- per the easements on the east side of Lot 10, Block 8, in Southridge Subdivision No. 3. The reason for the request is due to a staking error, which resulted in the home being construction -- constructed one foot within the five foot sideyard setback into the easement and the city approved the structural footing inspection and layout of the building on the lot prior to pouring the foundation. The building received certificate of occupancy in 2021 from the city. The encroachment was discovered when the home was purchased in 2022 and because the home has already been built on the subject property, a remedy to correct the deviation is through the approval of a variance and a vacation application. The preferred method to remedy this situation would be to process a property boundary adjustment and still vacate a portion of the PUE easements. However, there are existing homes adjacent to this property, which makes it impractical to adjust -- to adjust the property lines to establish the correct five foot interior side setback in the R-8 zoning district. We have received relinquishment letters from all of the utility companies stating they have no objections to vacate the utility easements as proposed. We have no written testimony and that concludes staffs presentation and I stand for any questions. Simison: Thank you, Stacy. Council, any questions for staff? Okay. Would the applicant like to come forward? McKay: Thank you, Mr. Mayor, Members of the Council. I'm Becky McKay with Engineering Solutions. Business address 1029 North Rosario in Meridian. We were not the engineer of record on this subdivision, but we have been asked to find a remedy for this situation. The -- the explanation that we received was a -- a new superintendent was put on this project and somehow they staked it wrong and it was not caught until Meridian City Council April 25,2023 Page 10 of 17 the home was completed. The adjoining lot already had a home and was occupied by an owner. So, the only remedy that I could come up with would be to vacate the easement, which has no utilities or drainage facilities within it, and, then, request a variance. We have had this happen I think twice in my career and, luckily, we were able to do a property boundary adjustment, so that we can meet that five foot easement and we only had to vacate the easement and move it over. In this instance this is the only remedy and it was caught I believe by the title company, because they had a buyer for the home and, then, the title company caught this problem and said we cannot grant title policy on the -- on the home. So, it cannot be sold until we figure out a solution and -- and this is -- I -- unless someone else has got another idea, this is it. Typically, you know, a variance is -- is granted based on a hardship that's not created by the owner due to site constraints, but there are sometimes where a variance is the only remedy and this is one of them. So, we ask that the Council, please, recognize that and -- and support the -- the vacation of easement and the variance, so that five foot setback and easement will go to a four foot within the R-8 zone. Do you have any questions that I could answer? Simison: Thank you. Council, questions? Thank you. All right. Mr. Clerk, do we have anybody signed up on this item? Johnson: Mr. Mayor, we have Joseph Hawkins. I didn't know if he wanted to speak or not. Simison: Okay. All right. Is there anybody else in the audience who would like to provide testimony on this item? And would the applicant like to make any final remarks? No final remarks. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Seeing no other desire to speak, I move that we close the public hearing, Item 17 and 18, VAR-2023-0001 and H-2023-0015. Hoaglun: Second the motion. Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearings are closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council April 25,2023 Page 11 of 17 Cavener: The applicant's comments -- this is -- I have never seen this before and I certainly think we would maybe have more tools on the tool belt if the house hadn't been built to maybe remedy this. I -- I -- I tend to agree with the applicant's request and so I'm -- I'm prepared to make a motion, unless anybody on Council has any other comments or suggestions they would want to provide. Okay. Mr. Mayor, I move that we approve VAR-2023-0001. Overton: Second. Simison: Have a motion and a second to approve Item 17. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, absent; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we approve H-2023-0015. Overton: Second. Simison: Have a motion and a second to approve Item 18. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, absent; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you very much. MOTION CARRIED: FIVE AYES. ONE ABSENT. ORDINANCES [Action Item] 19. Ordinance No. 23-2016: An Ordinance (Millwood Subdivision — H- 2022-0089) annexing the northwest quarter of the northwest quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 4.74 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 Meridian City Council April 25,2023 Page 12 of 17 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: Next item up is under Ordinances. First is Item 19, Ordinance No. 23-2016. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related Millwood Subdivision, H- 2022-0089, annexing the northwest quarter of the northwest quarter of Section 29, Township 3 North, Range 1 East, Boise meridian, Ada county, Idaho, more particularly described in Exhibit "A"; rezoning 4.74 acres of such real property from RUT to R-8, 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. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we approve Ordinance No. 23-2016. Overton: Second. Simison: Have a motion and a second to approve Ordinance No. 23-2016. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, absent; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 20. Ordinance No. 23-2017: An Ordinance (Hadler Neighborhood — H- 2022-0064) annexing Lot 1, Block 1 of Rescue Ranch Subdivision and a portion of the adjacent public right-of-way of S. Locust Grove Road, situated in the north half of the southwest quarter of Section 5, Meridian City Council April 25,2023 Page 13 of 17 Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 20.5 acres of such real property from RUT (Rural Urban Transition) to R-15 (Medium High 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. Simison: Next up is Item 20, which is Ordinance No. 23-2017. Ask the Clerk to read this Ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to Hadler Neighborhood, H- 2022-0064, annexing Lot 1 , Block 1 of Rescue Ranch Subdivision and a portion of the adjacent public right-of-way of South Locust Grove Road, situated in the north half of the southwest quarter of Section 5, Township 2 North, Range 1 East, Boise meridian, Ada county, Idaho, more particularly described in Exhibit "A"; rezoning 20.5 acres of such real property from RUT to R-15 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. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: No interest to hear it read in full, although I assume that would be also read very very swiftly. Well done, Mr. Clerk. I move we approve Ordinance No. 23-2017. Overton: Second. Simison: Have a motion and a second to approve Ordinance No. 23-2017. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, absent; Strader, yea; Overton, yea. Meridian City Council April 25,2023 Page 14 of 17 Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 21. Ordinance No. 23-2018: An Ordinance (Rackham East — H-2022-0085) annexing a portion of the northwest quarter of the southeast quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 0.143 acres of such real property from RUT (Rural Urban Transition) to C-G (General Retail and Service Commercial) 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. Simison: Next up is Item 21, which is Ordinance No. 23-2018. Ask the Clerk to read this Ordinance by title. Johnson: Thank you, Mr. Mayor. Ordinance related to Rackham East, H-2022-0085, annexing a portion of the northwest quarter of the southeast quarter of Section 16, Township 3 North, Range 1 East, Boise meridian, Ada county, Idaho, more particularly described in Exhibit "A"; rezoning 0.143 acres of such real property from RUT to C-G 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. Simison: Thank you. Council, you have heard this ordinance by title. Is there anybody that would like it read in its entirety? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we approve Ordinance No. 23-2018. Overton: Second. Simison: Have a motion and a second to approve Item 21, which is Ordinance No. 23- 2018. Is there any discussion? If not, Clerk will call the roll. Meridian City Council April 25,2023 Page 15 of 17 Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, absent; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE ALLAYES. ONE ABSENT. 22. Ordinance No. 23-2019: An Ordinance (Rackham East H-2022-0085) for rezone of a parcel of land being Lots 18 and 19, Block 1 of Rackham Subdivision (Book 120 of Plats at pages 18,582-18,588, records of Ada County, Idaho), situated in a portion of the northeast quarter of the southwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 3.938 acres of land from C-G (General Retail and Service Commercial) zoning district to R-40 (High-Density Residential) zoning district in the Meridian City Code; 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; and providing an effective date. Simison: Next up is Item 22, which is Ordinance No. 23-2019. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to Rackham East, H-2022- 0085) for rezone of a parcel of land being Lots 18 and 19, Block 1 of Rackham Subdivision, Book 120 of Plats at pages 18,582 through 18,588, records of Ada County, Idaho, situated in a portion of the northeast quarter of the southwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 3.938 acres of land from C-G zoning district to R-40 zoning district in the Meridian City Code; 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; and providing an effective date. Simison: Thank you. Council, you have had this read -- ordinance read by title. Is there anybody that would like it read in its entirety? Cavener: Mr. Mayor? Meridian City Council April 25,2023 Page 16 of 17 Simison: Councilman Cavener. Cavener: I move we approve Item No. 22, Ordinance No. 23-2019. Overton: Second. Simison: Have a motion and a second to approve Ordinance 23-2019. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, absent; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION 23. Per Idaho Code 74-206(1)(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student Simison: Next up is Executive Session. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we go into Executive Session per Idaho Code 74-206(1)(b). Cavener: Second. Simison: Have a motion and a second to go into Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, absent; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and we will move into Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (6.31 p.m. to 6.46 p.m.) (Motion to come out of Executive Session. Hoaglun. Second-Strader.) Meridian City Council April 25,2023 Page 17 of 17 FUTURE MEETING TOPICS (Nothing under Future Meeting Topics) (Motion to adjourn-Hoaglun.) MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:46 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT SIMISON 5-2-2023 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN;--- AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Counicl may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. S i CITY OF MERIDIAN CITY COUNCIL i PUBLIC FORUM SIGN-IN SHEET Date: April 25, 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 �-- IDAHO AGENDA ITEM ITEM TOPIC: Approve the Minutes of the April 11, 2023 City Council Regular Meeting 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 �-- IDAHO AGENDA ITEM ITEM TOPIC: Key Bank Water Main Easement No. 1 Project Name(Subdivision): Keybank - Water Main Easement ADA COUNTY RECORDER Trent Tripple 2023-023847 1 BOISE IDAHO Pgs=6 CHE FOWLER 04/26/2023 08:04 AM Water Main Easement Number: CITY OF MERIDIAN, IDAHO NO FEE Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). ESMT-2023-0063 WATER MAIN EASEMENT April r THIS Easement Agreement, made this 25th day of A p , 20 23 between GFI-Meridian Investments II, LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on Ar,rt date) by :ny- Vor &asSer (name of individual), [complete the following i signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of GF1 -Mt*-idia*1 1HytY Mtrfs- II, ULC. (name of entity on behalf of whom record was executed), in the following representative capacity: Mm (type of authority such as officer or trustee) lyOTA NotAy Signature • My Commission Expires: 3 (v ZoZR Sco PUBLIG a: � • O030'60 � ° .0.0000 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 4-25-2023 Attest by Chris Johnson, City Clerk 4-25-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 4-25-2023 (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 3-28-2028 My Commission Expires: Water Main Easement Version 01/01/2020 k. m ENGI I4EERING April 10,2023 Project No.22-091 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement being a portion of Lot 1, Block 1 of Lost Rapids West Subdivision(Book 125 of Plats,Pages 20126-20128),situated in the Northeast 1/4 of the Northeast 1/4 of Section 27,Township 4 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho,and being more particularly described as follows: Commencing at a found aluminum cap marking the North 1/4 corner of said Section 27,which bears N89°17'35"W a distance of 2,647.29 feet from a found aluminum cap marking the Northeast corner of said Section 27; Thence following the northerly line of said Northeast 1/4,S89°17'35"E a distance of 1,485.30 feet; Thence leaving said northerly line,SOO°42'25"W a distance of 72.00 feet to a found 5/8-inch rebar marking the Northwest corner of said Lot 1; Thence following the boundary of said Lot 1 the following two(2)courses: 1. S00°00'18"E a distance of 302.80 feet to a found 1/2-inch rebar marking the Southwest corner of said Lot 1; 2. S89°17'16"E a distance of 14.00 feet to an existing City of Meridian Sewer and Water Easement per Instrument No.2019-077073; Thence leaving said boundary and following said existing easement the following two(2)courses: 1. NOD°43'24"E a distance of 15.OD feet; 2. S89°17'16"E a distance of 57.18 feet to the POINT OF BEGINNING. Thence leaving said existing easement,NOD°42'44"E a distance of 15.50 feet; Thence S89°17'16"E a distance of 14.17 feet to said existing easement; Thence following said existing easement the following two(2)courses: 1. S00°42'44"W a distance of 15.50 feet; 2. N89'17'16"W a distance of 14.17 feet to the POINT OF BEGINNING. Said parcel contains 220 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 or surveys,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'�PL LANp sG 0�5 �\CENS£� qlF OF ,9P �7<< H VA y fo 2023 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com POINT OF COMMENCEMENT NORTH 1/4 CORNER SECTION 27 BASIS OF BEARING NORTHEAST CORNER SECTION 27 22 — — — _ — N89'17'35"W 2647.29 — — _ — — — 22A 23 27 1485.30' 1161.99' �I w 27 26 N F lo W. Chinden Blvd. 00I0 N co — O LEGEND ® FOUND ALUMINUM CAP (0 FOUND 5/8" REBAR O FOUND 1/2" REBAR 0 CALCULATED POINT SECTION LINE BOUNDARY LINE ADJACENT BOUNDARY LINE — — — — — — — — EXISTING EASEMENT LINE c� ———————— EASEMENT LINE NNL LAND `'\��\C E N SfQ SG Lot 1, Block 100 � iM1 o Lost Rapids West Subdivision L0 6 o Book 125, Pages 20126-20128 Ln �o V) qTf Of SOP i L HYNS'� 0 y to/2013 0 EXISTING CITY OF w MERIDIAN SEWER AND o S89'17'16"E WATER EASEMENT PER � INST. No. 2019-077073 14.17' N00'42'44"E S00'42'44"W 15.50' ��' 15.50' aS89'17 ,--E r-A L -- - - - - - _ 57.18 — o _ E I— F N89'17'16"W 14.17'— — — (— POINT OF BEGINNING c N00'43'24"E 15.00' 3 I S89'17'16"E 14.00' Z a 0 2 N 0 0 60 120 180 0 NIF ENGINEERING Plan Scale: 1"=60' m 5725 NORTH DISCOVERY WAY = BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B I;mengllp.com City of Meridian Water Easement v=, DATE: April2023 a PROJECT: 22-091 SHEET: A portion of Lot 1, Block 1, Lost Rapids West Subdivision, situated in the 1 OF 1 NE1/4 of the NE1/4 of Section 27,T4N., R1W., B.M., City of Meridian, Ada County, Idaho I I1 Title: Date: 04-07-2023 Scale: 1 inch= 10 feet File: Deed Plotter.des Tract 1: 0.005 Acres: 220 Sq Feet: Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 59 Feet 001=n00.4244e 15.50 003=s00.4244w 15.50 002=s89.1716e 14.17 004=n89.1716w 14.17 E IDIAN �-- IDAHO AGENDA ITEM ITEM TOPIC: Outer Banks Release of Sanitary Sewer Easement No. 1 (ESMT-2023-0064) ADA COUNTY RECORDER Trent Tripple 2023-023849 BOISE IDAHO Pgs=1 CHE FOWLER 04/26/2023 08:05 AM CITY OF MERIDIAN, IDAHO NO FEE Outer Banks Sanitary Sewer Easement ESMT-2023-0064 FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Outer Banks - Sewer GRANTEE: CITY OF MERIDIAN GRANTOR: 10 Mile Franklin, LLC INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated May 11 , 2022 and recorded as Instrument Number 2022-045684 in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS, the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish, release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 25th day of April 12023 CITY OF MERIDIAN Robert E. Si mis n M� 0 4-25-2023 ttest by Ch Johnso amity=,`ti rk 4-25-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 4-25-2023 (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) Cha&YcW" Notary Signature CHARLENE WAY y Commission Expires: 3-28-2028 COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Version 01/01/2020 E IDIAN �-- IDAHO AGENDA ITEM ITEM TOPIC: Outer Banks Release of Water Easement No. 1 (ESMT-2023-0065) ADA COUNTY RECORDER Trent Tripple 2023-023852 BOISE IDAHO Pgs=1 CHE FOWLER 04/26/2023 08:09 AM CITY OF MERIDIAN, IDAHO NO FEE Outer Banks Water Easement ESMT-2023-0065 FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Outer Banks - Water GRANTEE: CITY OF MERIDIAN GRANTOR: Franklin 10 Mile LLC INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated September 07 , 2022 and recorded as Instrument Number 2022-077595 in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS, the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish, release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 25th day of April 120 23 CITY OF MERIDIAN Robert E. Si✓m✓i�j 4-25-2023 i E IDIANsr,AT � n Attest by ris John „L `k Clerk 4-25-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 4-25-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Cha&wWaj� (stamp) Notary Signature CHARLENE WAY My Commission Expires: 3-28-2028 COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Version 01/01/2020 E IDIAN �-- IDAHO AGENDA ITEM ITEM TOPIC: Outer Banks Release of Water Easement No. 2 (ESMT-2023-0066) ADA COUNTY RECORDER Trent Tripple 2023-023851 BOISE IDAHO Pgs=1 CHE FOWLER 04/26/2023 08:09 AM CITY OF MERIDIAN, IDAHO NO FEE Outer Banks Water Easement No.2 ESMT-2022-0066 FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Water Easement GRANTEE: CITY OF MERIDIAN GRANTOR: 10 Mile Franklin, LLC INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated December 14 , 2022 and recorded as Instrument Number 2022-098682 in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS, the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish, release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has cans. d these presents to be executed by its proper officers thereunto duly authorized this 25th day of April 20 23 CITY OF MERIDIAN Robert E. Si , Mayor 4-25-2023 / C _IDIA ttest by ris Joh <,Q�,« , Clerk 4-25-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 4-25-2023 (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) Cha&YcW" Notary Signature CHARLENE WAY My Commission Expires: 3-28-2028 COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Version 01/01/2020 E IDIAN �-- IDAHO AGENDA ITEM ITEM TOPIC: Rustler Subdivision Temporary Construction Easement ADA COUNTY RECORDER Trent Tripple 2023-023865 BOISE IDAHO Pgs=5 VICTORIA BAILEY 04/26/2023 08:14 AM CITY OF MERIDIAN, IDAHO NO FEE Rustler Subdivision: ESMT-2022-0263 TEMPORARY CONSTRUCTION EASEMENT THIS Agreement,made this 25 day of April , 20 23 between Wendell Lawrence and Kathleen_ Lawrence("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, Grantor has provided a water main and/or sanitary sewer pipeline right-of- way easement across the premises and property adjacent to the Temporary Construction Easement hereinafter described; and WHEREAS,the utility infrastructure is to be provided for through an underground pipeline to be constructed by others;and 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 a temporary easement right-of-way over and across the following described property: (SEE ATTACHED EXHIBIT A and B) This Temporary Construction Easement is for the purpose of construction of a water main and/or sanitary sewer line and related incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said Grantee,its contractors, agents, successors and assigns. This easement shall terminate and expire 30 days after the installation and acceptance of said underground utility infrastructure by the Grantee. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sanitary sewer and/or water main infrastructure, Grantee shall restore the area of the easement and adjacent property to that existent priorto 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 hereby covenants and agrees that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area TEMPORARY CONSTRUCTION EASEMENT REV.0 1/0 112 02 0 described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby 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 they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement. This easement is subject to all prior easements and encumbrances of record or apparent upon the aforementioned and described tract of land. IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Wendell Lawrence Ka leen Lawrenc STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on (date) by Wendell Lawrence and Kathleen Lawrence, husband and wife, property owners. GLEN TOF NETT TABLIC STATAFIO NotaO Signature My Commission Expires: -5-,/ 7- --L6 37 TEMPORARY CONSTRUCTION EASEMENT REV.0 1/0 1/2020 Page 2 of 5 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 4-25-2023 Attest by Chris Johnson,City Clerk 4-25-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 4-25-2023 (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 3-28-2028 My Commission Expires: TEMPORARY CONSTRUCTION EASEMENT REV. 01/01/2020 Page 3of5 EXHIBIT A-DESCRIPTION FOR THE CITY OF MERIDIAN TEMPORARY SANITARY SEWER AN AREA OF LAND BEING THE NORTHERLY 25 FEET OF THE SOUTHERLY 50 FEET OF LOT 7, BLOCK 1,STETSON ESTATES NO.2 SUBDIVISION,AS FILED IN RECORDS OF ADA COUNTY IN BOOK 8 OF PLATS AT PAGES 8563,8564, 8565 AND 8566,IN THE WEST 1/2 OF SECTION 26, TOWNSHIP 3 NORTH,RANGE 1 WEST,BOISE MERIDIAN,BOISE CITY,ADA COUNTY,IDAHO,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A BRASS CAP MARKING THE NORTH 1/4 QUARTER CORNER OF SAID SECTION 26 BEING S89034'06"E 2655.19 EAST OF A BRASS CAP MARKING THE NORTHWEST CORNER OF SAID SECTION 26;THENCE N 89°34'06"W 1327.33 FEET ALONG THE NORTHERLY BOUNDARY OF THE NORTHWEST 1/4 OF SAID SECTION TO A 5/8-INCH REBAR MARKING THE WEST 1/16TH CORNER OF SAID SECTION;THENCE S 0°03'25"W 1328.54 FEET ALONG THE WESTERLY BOUNDARY OF THE NE '/4 NW'/4 OF SAID SECTION TO A 5/8-INCH REBAR MARKING THE NORTHWEST 1/16TH CORNER OF SAID SECTION AND NORTHWEST CORNER OF SAID LOT 7;THENCE CONTINUING S 0°03'25"W 827.01 FEET ALONG SAID WESTERLY BOUNDARY TO A 5/8-INCH REBAR MARKING THE SOUTHWEST CORNER OF SAID LOT 7;THENCE N 0°03'25"E 25.60 FEET ALONG SAID WESTERLY BOUNDARY OF SAID LOT 7 TO A POINT.,ALSO BEING THE POINT OF BEGINNING; THENCE N 0°03'25"E 25.60 FEET ALONG SAID WESTERLY BOUNDARY OF SAID LOT 7 TO A POINT. THENCE N 77°34'48"E 531.40 FEET ALONG A LINE 50 FEET NORTH OF AND PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID LOT 7 TO A POINT OF NONTANGENT CURVE ON THE WESTERLY BOUNDARY OF SAID LOT 7; THENCE ALONG A NONTANGENT CURVE[CE51 TO THE LEFT ALONG THE SAID WESTERLY BOUNDARY 25.60 FEET WITH A RADIUS OF 350.00 FEET THROUGH A CENTRAL ANGLE OF 4°11'24" WITH A CHORD BEARING S 0°05'46"E 25.59 FEET TO A POINT; THENCE S 77°34'48"W 531.41 FEET TO THE POINT OF BEGINNING. BEARINGS HEREIN USED ARE BASED ON THE NORTH LINE OF THE NORTHWEST'/4 OF SAID SECTION 26 BEARING S 89034'06"E TEMPORARY CONSTRUCTION EASEMENT REV. 01/01/2020 Page 4 of 5 $j'.vw E NM r9' ? m Buz efa Xzae' ru7.t aW120ra-c stra x r/1 cz .s sr�s N! o t ss"7P YL 16 aim/71?1d-t Rrr AW Or Qar/sa�u7 E I =wmw l 169tlIXW�� �El4�LFNd I I m / A "m(RI&,V I I I ' Las I I bar 4 h S 89'39'11'E 502,01' � 1 37E1fDl��L�ACt Y A@)IWY OKA"& aeMW usnorl q,nW(RI&RZ) t� 25'SEWER AND WATER EASEMENT 0 M1 50'A=E.1OW,, car Is I41xS/33a? W 4W MMJZ At) � u S7f15tW Eb7;M M2 2 z , LOr 7 ry :S rv� 25'TEMPORARY SEWER CONSTRIlCTION1 CE5 [OT l4 X. Cea ' ty 77• d e S3 d7 4 -�--`----�533care � 3�1 25.W S 25'SEWER EASEMENTS OF s'm'wv=e wvAw& W. B ISO is d uo AVANT ftSfJB ff fKA17tD OW uutaaa SON: BY: RUSTLER SUBDIVISION BRIGGS ENGINEERING;INC. STETSON ESTATES NO.2 SUBDIVISION, LOT 7 ADA COUNTY,IDAHO B R I G G S:) SHED' 20F1 CITY OF MERIDIAN - EASEMENT CML STRUCTURAL LAND SURVEY TEMPORARY SEWER 5mw$TATE'a'-GABQENt71'amoffm-J+ )%m EXHIBITB EDAM. ENO. SCALE: These& ones,oraaY pmtim Owed.9%29 not beusedoomwPto�"A CITYQfMERtDNN NOVEMBER2022 210708.EASEMENT 1"=150' o«eeassi"ofthbPro;at�wftcnipeemnifmmUrW TEMPORARY CONSTRUCTION EASEMENT REV, 0 1/0 1/2020 Page 5 of 5 E IDIAN:--- AGENDA ITEM ITEM TOPIC: Final Order for Friendship Subdivision (FP-2022-0001) by Centurion Engineers, Inc., generally located at 6168 Elk Ranch Ln. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: APRIL 11, 2023 ORDER APPROVAL DATE: APRIL 25, 2023 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 38 BUILDING ) CASE NO. FP-2023-0001 LOTS AND 7 COMMON LOTS ON ) 10.06 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT FRIENDSHIP SUBDIVISION. ) BY: CENTURION B&A ) ENGINEERS ) This matter coming before the City Council on April 11, 2023 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING FRIENDSHIP SUBDIVISION, LOCATED IN THE NORTHEAST '/4 OF THE NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 4N., RANGE IE., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2023, HANDWRITTEN DATE: 1/24/2023, by JOSEPH D. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(FRIENDSHIP SUBDIVISION—FILE FP-2023-0001) Page 1 of 3 CANNING, PLS, SHEET 1 OF 3,"is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated April 11, 2023, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(FRIENDSHIP SUBDIVISION—FILE FP-2023-0001) Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 25th day of April , 2023. By: Robert E. Simison 4-25-2023 Mayor, City of Meridian Attest: Chris Johnson 4-25-2023 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 4-25-2023 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(FRIENDSHIP SUBDIVISION—FILE FP-2023-0001) Page 3 of 3 EXHIBIT A STAFF REPORT (�>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 �-- IDAHO AGENDA ITEM ITEM TOPIC: Development Agreement (Millwood Subdivision H-2022-0089) Between City of Meridian and Epic Development LLC for property located at 1975 E. Victory Rd. ADA COUNTY RECORDER Trent Tripple 2023-023848 BOISE IDAHO Pgs=39 CHE FOWLER 04/26/2023 08:05 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Epic Development Victory LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 25th day of April , 2023, by and between City of Meridian, a municipal corporation of the State of Idaho,hereafter called CITY,whose address is 33 E.Broadway Avenue,Meridian,Idaho 83642, and Epic Development Victory LLC, whose address is 1831 E. Overland Rd., Meridian, ID 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A," which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner 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 has submitted an application for annexation and zoning of 4.74 acres of land from the 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 1.7 WHEREAS, on the 4th day of April, 2023, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order DEVELOPMENT AGREEMENT—MILLWOOD SUBDIVISION(H-2022-0089) PAGE 1 OF 7 ("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 party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho,organized and existing by virtue of law of the State of Idaho,whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER:means and refers to Epic Development Victory LLC, whose address is 1831 E. Overland Rd., Meridian, ID 83642, hereinafter called OA NER/DEVELOPER, the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 PROPERTY:means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as in Exhibit "A," describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. DEVELOPMENT AGREEMENT-MILLwooD SUBDIVISION(H-2022-0089) PAGE 2 OF 7 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 and conceptual building elevations included in Section VIII and the provisions contained herein. b. The existing home proposed to remain on a lot in the subdivision 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. Construction traffic for the re-development of this property shall access the site via the future extension of Richardson Street; access via the existing easement from E. Victory Rd. is prohibited. d. The homes constructed on Lots 4-8, Block 1 shall be restricted to single story only. e. The Developer shall install fire sprinklers in all homes within the subdivision, except for the existing home; or, with submittal of the final plat application, submit written documentation that demonstrates the existing access easement via E. Victory Road across the DeChambeau property (Parcel AS 1129120742) may be used for emergency access only for the development—in this case, fire sprinklers are not required for any of the units. f. The Developer shall install a"no trespassing" sign at the end of the multi- use pathway along the east boundary of the site that stubs to the DeChambeau property(Parcel AS 1129120742). 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 DEVELOPMENT AGREEMENT-MILLwooD SUBDIVISION(H-2022-0089) PAGE 3 OF 7 agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies.In the event of default by Owner/Developer that is not cured after notice 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 DEVELOPMENT AGREEMENT-MILLwooD SUBDIVISION(H-2022-0089) PAGE 4 OF 7 fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the 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 I I 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: Epic Development Victory LLC 1831 E. Overland Rd. Meridian, Idaho 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. DEVELOPMENT AGREEMENT-MILLwooD SUBDIVISION(H-2022-0089) PAGE 5 OF 7 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives,including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of 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-MILLwooD SUBDIVISION(H-2022-0089) PAGE 6 OF 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Epic Development Victory LLC By: wrna is la1-hee l�� Its: STATE OF WW ) ss: County of /606 ) On this I l day of ,/'t eiz,_l L_ ,2023,before me,the undersigned,a Notary P blic in and for said State, personally appeared_'rg uynnn. ij�, ,}C�wS,known or identified to me to be the ►j2(zzcTrriz of Epic Development Victory LLC and the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREOF ve hereunto set my hand and affixed my official sea] the day and year in this certificate first above written. ���� p�f J� (SEAL) Q:;'o`Sr10TARy�/N ry P c �' M•� �; = My Co fission Expires: �$ -to L pU8 t.IG �O�F�t\D ��\�. �P CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison - 4-25-2023 Chris Johnson, City Clerk 4-25-2023 STATE OF IDAHO ) ss County of Ada } On this 25th 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-MILLWOOD SUBDIVISION(H-2022-0089) PAGE 7 OF 7 EXHIBIT A ANNEXATION MILLWOOD SUB EXHBIT A PROPERTY DESCRIPTION A parcel of land lying in the NW 1/4 of the NW 1/4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at an aluminum cap marking the North 1/4 Corner of said Section 29; thence N.89°49'00"W. along the North line of said Section 29 a distance of 1340.37 feet to a 5/8" iron pin; thence 5.00°01'15"W. a distance of 629.36 feet more or less to a to a point lying on the Centerline of Eight Mile Lateral, said pin also being the POINT OF BEGINNING; Thence 5.00°01'15"W. a distance of 390.73 feet to a 5/8" iron pin; Thence N.73°02'00"W. a distance of 354.80 feet to a 5/8" iron pin; Thence N.00°01'30"W.a distance of 791.62 feet more or less to a point on the Centerline of Eight Mile Lateral; Thence along the Centerline of Eight Mile Lateral 5.37°58'06"E. a distance of 281.07 feet to a point; Thence continuing along said centerline 5.30°32'48"E. a distance of 328.43 feet to a point also being the POINT OF BEGINNING. Said parcel contains 4.74 acres, more or less, and is subject to all existing easements and rights-of-ways of record or implied, 9,c cc 15758 0 �,2- 3-23 o OF C J. H0\A EXHIBIT B ANNEXATION FOR MILLWOOD SUB. PORTION OF THE NW1/4 OF THE NW1/4, SECTION29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO CP&F NO. BASIS OF BEARINGS 2021-040321 VICTORY ROAD 19 20 SE9' 49' 00'E 2680.69' 30 29 v 1000.47' W 339.86 1340.37' IV N 1/4 CDR N SECTION 29 n o CP&F NO. 2021-037427 O N C z UNPLATTED s a�00 I 73.18'\`rA.001. oi N s 0 € y UNPLATTED io n TEAKWOOD c yam. SUBDIVISION n 0 z z I I a o`S L o cc 15758 0 OF �o � M C J HOP 0 I 573.0.2 ` f 3Sq 80• S A3h� LEGEND SUBDIVISION N0. 2 V USCANY LAKES — — ANNEXATION BOUNDARY LINE S SECTION LINE GRAPHIC SCALE — PROPERTY LINE 75 0 37.5 75 150 300 FOUND ALUMINUM CAP ® FOUND 5/8- IRON PIN (N FEET) p CALCULATED POINT-NOT SET 1 Inch- 150 tL a D In.; of i J.J. HOWARD 11/17 --/22 - AI 1 MILLWOOD SUB. i SMANNO 9GL_ OWN Br: aTAIIIING III ,x,x,pFy«,7,r„romwA,O8-Hw 1" = 150' CLS 220503 ANNEXATION PROPERTY DESCRIPTION EXHIBIT EXHIBIT B ANNEXATION FOR MILLWOOD SUB. PORTION OF THE NW1/4 OF THE NW1/4, SECTION29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO CPBF NO. BASIS OF BEARINGS 2021-040321 VICTORY ROAD a NS. 19 20 S89'49'WE 2530.69' o 30 29 1000.47' mi 339.86' 1340.37' N 1/4 CDR r SECTION 29 CF&F NO. 2021-037427 O ry O 2 UNPLATTED s J, A\O �c� I 73.18'\lP• � of 3 ' N 0 0 N UNPLATTED 3 B SUBDIVISION s 0 ZI i a 15758 F1D4 N O 1.y9 I twit ys 1 573.Oz ` OO f 354B�S NSN1 LEGEND TUSCANY LAKES SUBDIVISION N0. 2 ANNEXATION BOUNDARY LINE SECTION UNE GRAPHIC SCALE — — PROPERTY LINE75 37.5 75 150 300 FOUND ALUMINUM CAP ® FOUND 5/8-IRON PIN IN FEET I A CALCULATED POINT-NOT SET t loco- 130 ft. WlDATE DESIGN BY: SN1 OF J.J. HOWARD I,/t,/22 /�® A° , 1 MILLWOOO SUB. .tlo a sr s z i/r.rr Ito Ay wFor "visa' s� z�2os0 ANNEXATION PROPERTY DESCRIPTION EXHIBIT EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW (:�VE Nty AND DECISION& ORDER In the Matter of the Request for Annexation of 4.74 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of 17 Building Lots (Including One for an Existing Home)and Two (2) Common Lots on 4.11 Acres of Land in the R-8 Zoning District for Millwood Subdivision,by Epic Development. Case No(s).H-2022-0089 For the City Council Hearing Date of: March 21, 2023 (Findings on April 4,2023) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 21, 2023, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 21,2023,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 21,2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 21, 2023,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 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 MILLWOOD SUBDIVISION AZ PP H-2022-0089 - I- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 21,2023,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for 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 March 21,2023,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). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR NIILLWOOD SUBDIVISION AZ PP H-2022-0089 -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 March 21,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR NIILLWOOD SUBDIVISION AZ PP H-2022-0089 -3- By action of the City Council at its regular meeting held on the 4th day of April 2023. 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 JOHN OVERTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. im on 4-4-2023 Attest: „so SFAl. Chris John n 4- City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: � t?` } s Dated: 4-4-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR NIILLWOOD SUBDIVISION AZ PP H-2022-0089 -4- STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING March 21,2023 Legend DATE: � Project Location ® � ;.. TO: Mayor&City Council j FROM: Sonya Allen,Associate Planner 208-884-5533 e _ SUBJECT: Millwood Subdivision H-2022-0089 LOCATION: 1975 E. Victory Rd.,in the NW 1/4 of Section 29,T.3N.,R.IE. (Parcel 9SI129223095) ® L PROJECT DESCRIPTION Annexation of 4.74 acres of land with an R-8 zoning district; and preliminary plat consisting of 17 building lots(including one for an existing home)and two(2)common lots on 4.11 acres of land in the R-8 zoning district for Millwood Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 4.11 acres(4.74 acres—annexation area) Future Land Use Designation Medium Density Residential(MDR) Existing Land Use Single-family rural residential(SFR) 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) 17 building/2 common Phasing plan(#of phases) NA(not proposed to be phased) Number of Residential Units(type 17 single-family detached units(including existing home) of units) Density(gross&net) 4.14 units/acre(gross) Open Space(acres,total[%]/ 0.27-acre(7%) buffer/qualified) Amenities Tot lot with play equipment and a segment of the City's multi-use pathway system. Physical Features(waterways, The Eight Mile Lateral rums off-site along the east boundary of the site. hazards,flood plain,hillside) Neighborhood meeting date 10/27/22 History(previous approvals) ROS 92426&92734 B. Community Metric Description Details Ada County Highway District • Staff report Yes (yes/no) • Requires ACHD No Commission Action es/no • Existing There is one(1)stub street planned to the west boundary of this site with Conditions Teakwood Place Subdivision(H-2020-0006). • CIP/IFYWP Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP): (If no improvements listed/scheduled) There are no roadways, bridges or intersections in the general vicinity of the project that are in the Integrated Five Year Work Plan(IFYWP)or the District's Capital Improvement Plan(CIP). • Victory Road is scheduled in the IFYWP for a corridor improvement project:Victory Corridor B, which includes widening to 3-lanes from Locust Grove Road to Eagle Road and constructing enhanced pedestrian bike facilities with design scheduled for 2025. • The intersection of Victory Road and Locust Grove Road is scheduled in the IFYWP for an intersection project including constructing a multi-lane roundabout, removing,and replacing the existing bridge over the Tenmile creek;with construction in 2023. • Locust Grove Road Bridge#12 is scheduled in the IFYWP for a bridge improvement project: South Meridian Improvements A,which includes removing and replacing the existing bridge over Ten Mile Creek,with construction in 2026. • The intersection of Victory Road and Locust Grove Road is listed in the CIP to be widened to 4-lanes on the north leg,4-lanes on the south,4-lanes east,and 4-lanes on the west leg,and signalized between 2021 and 2025. • Victory Road is listed in the CIP to be widened to 3-lanes from Locust Grove Road to Eagle Road between 2026 and 2030. Level of Service Better than"E" "E"is acceptable) Access Existing access for this parcel is provided via an access easement across the (Arterial/Collectors/State parcel to the northeast of this site(#S 1129223005 DeChambeau)via E.Victory Hwy/Local)(Existing and Rd.Proposed access is via the extension of E.Richardson St.,a local street Proposed) proposed with Teakwood Subdivision at the west boundary. Proposed Road Improvements None(this site doesn't have frontage on Victor Rd.) Fire Department • Distance to Fire Station 1.6 miles from Station#4 • Resource Reliability 74%(doesn't meet targeted goal of 80%or greater) • Risk Identification 2(current resources would not be adequate to supply service to this project) • Accessibility Project meets all required access,road widths&turnarounds. • Special/resource needs An aerial device is required. • Water Supply 1,000 gallons per minute for one hour • Other Resources Police West Ada School District No comments were received. Wastewater Distance to Sewer Services Directly adjacent Sewer 1 Estimated Project Sewer See application WRRF DecliningBalance 40,880 Project • WW Master Plan/Facility Plan Impacts/Concems Flow • • Water Distance to Services Directly adjacent Pressure Zone Estimated-1 Project Water See application Water Quality Concerns • Project • Water Master Plan Impacts/Concems See Public Works' Site-Specific Conditions C. Project Maps Future II Use Map Aerial Map Legend ��►i W�M� �Iwn■ -. .... f[W3Project Location 0 Project Location nsi ♦ ..■■■■o Illnu Legend Res ... _ .nu.nl / rf ia'a•111 MM ������ ♦fir r: . _ .� �glaa �i1 11■,a r�.nnl �i�O�O - - v.:II.IIt11 —�- - rr r IT un/gnu` a �N'r �.IIa.III� 'j�jH - l \:::in.nm ��e, i Via,l a��..... r�N :• + - - �� ..:: a r= �s111 �j�IIII��� /♦♦♦ k ♦ :1�1 �1111�.1 II�IIl1 1 - ♦du��Q '.� � . . ._ .. :i• tat III ♦♦ � Ii..�a► ��� .11 �j.`1u OIIIIIIIIII �•1111• n..■. .... ra . �I I'111111 Zoning Map Planned Development Map Legend Legend DProject Location �q Project Location City Limits — Planned Parcels UZI R-8 -F� �14- o I-An o JEL-O ® RUTKUl RUT ® ®®- �R�$, - - I � _ III. APPLICANT INFORMATION A. Applicant: Truman Mathews,Epic Development— 1831 E. Overland Rd.,Meridian,ID 83642 B. Owner: Ted Burke,EDM Partners—2185 East 3300 South, Salt Lake City,UT 84109 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 1/29/2023 3/5/2023 Radius notification mailed to property owners within 300 feet 1/26/2023 3/3/2023 Public hearing notice sign posted NA(not required as the NA(not required as the on site property is not property is not adjacent to any streets) adjacent to any streets) Nextdoor posting 1/30/2023 3/7/2023 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 three (3)to eight(8)dwelling units per acre. The Applicant proposes a 17-lot subdivision for single-family residential detached homes at a gross density of 4.14 units per acre,consistent with the density desired in the MDR designation. Lots for proposed homes range in size from 4,245 square feet(s.f) (or 0.10-acre)to 6,799 s.f. (or 0.16-acre); the size of the lot proposed for the existing home is 34,706 s.f. (or 0.80-acre). Although the overall density is consistent with the density desired in the MDR designation,the lot sizes proposed are smaller than typical for the density proposed with the retention of the existing home on a large lot. TRANSPORTATION: The Master Street Map(MSM)does not depict any collector streets across this property. Local streets are proposed internally for access to the proposed lots. Transit services are not available to this site. 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 on smaller lots will contribute to the variety of housing types and financial capabilities offuture residents available in 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 is concentrated with single-family detached homes on a variety of lot sizes in the R-4 and R-8 zoning districts; there is no diversity in housing types in this area. • "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) No buffering or screening is proposed as residential is proposed next to residential land uses. The development proposes lot sizes that are 2,000+sf.smaller than abutting lots in the development process to the west in Teakwood Subdivision and about twice as small as those to the south in Tuscany Lakes Subdivision. To provide a better transition to abutting future lots to the west,Staff recommends one(1)lot is removed in the area between Lots 6-8 where portions of three(3)lots abut one(1)lot, and another one removed along the south boundary in the area between Lots M- 14. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed development should be compatible with abutting existing and future single-family residential uses if the applicant revises the plat as recommended above to minimize conflicts. • "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 subject property is part of a larger infill area that has not yet redeveloped and is surrounded by City annexed land. The proposed residential development shouldn't have a negative impact on abutting existing development if a better transition in lot sizes and configuration is provided as recommended. • "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. The existing home that is proposed to remain on a lot in the proposed subdivision is required to connect to City water and sewer service. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (2.02.011)) The Pathways Master Plan depicts a segment of the City's multi-use pathway system along the west side of the adjacent Eight Mile Lateral adjacent to the northern portion of the east boundary of this site.A micro path is proposed to the west in the common lot at the southwest corner of the site for connectivity with the adjacent development('Teakwood Subdivision). The Applicant should coordinate with the adjacent developer to provide a break in the fencing where the common areas adjoin to allow the connectivity between developments and a larger overall open space area to be enjoyed by residents of both developments. • "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 4.74 acres of land with an R-8 zoning district,which includes land to the center line of the adjacent Eight Mile Lateral owned by NMID.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. There is an existing home and some accessory structures on the site;the existing home is proposed to remain on a lot in the proposed subdivision,the accessory structures will be removed. As a provision of annexation,the existing home should 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. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to develop with 16 new single-family detached dwellings and retention of the existing home (see Section VIII). The proposed use and density of the development is consistent with the MDR FLUM designation as noted above in Section V. 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 property and the properties to the north and cast are enclaves surrounded by City annexed land with existing and future single-family residential detached homes.As noted above in Section V,development of infill properties is supported provided it doesn't negatively impact the abutting,existing development. Because like uses(i.e. single-family detached residential)are proposed,the proposed development should be compatible with adjacent uses and shouldn't negatively impact them. Removing a lot along the west boundary and the south boundary as noted above in Section V should provide a better transition to abutting lots and not negatively impact them. Future development should be generally consistent with the development plans submitted with this application and should comply with the conditions included in Section IX. 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 17 building lots and 2 common lots on 4.14 acres of land in the proposed R-8 zoning district(see Section VIILB). Proposed lots range in size from 4,245 square feet (s.f) (or 0.10-acre)to 6,799 s.f. (or 0.16-acre)with a 34,706 square foot(or 0.80-acre)lot where the existing home is proposed to remain. The subdivision is proposed to develop in one phase. Existing Structures/Site Improvements: There is an existing home and accessory structures on this site. The home is proposed to remain on a lot in the proposed subdivision;the accessory structures will be removed. 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 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 although a curve table was not included on the plat to ensure compliance.Lot numbers in each block should be consecutive; revise accordingly. Access: Access is proposed via the extension of E. Richardson St.,a local street planned to stub to the west boundary of the site with development of Teakwood Subdivision. Emergency access is proposed via the driveway for the existing home at the cast boundary of the site from Victory Rd. era to the ne thfough Lot T. Bollards are required to be placed across the emergency access driveway from Victory Rd.,30 feet from the right-of-way of Victory Rd.,to prohibit public access; bollards shall meet the Fire Dept. requirements as either knock over or two bollards with a heavy chain and knox padlock. ACHD is requiring right-of-way(ROW )to be dedicated(but the street not constructed) for the future extension of Richardson St. from the cast side of Tamayo Ct. to the cast property line upon redevelopment of the property to the east. This unimproved area may be landscaped if desired through a license agreement with ACHD. A local street(Tamayo Ct.)is proposed off Richardson St. to the south terminating in a cul-de-sac.No other stub streets exist to this site that require extension and no other stub streets are required to be provided to adjacent properties. The proposed dead-end street/cul-de-sac complies with the standards listed in UDC 11-6C-3B.4. The access for the existing home via an easement from Victory Rd. shall terminate and sole access should be provided internally from Tamayo Ct.; emergency access only may be provided from this driveway.The address for the existing home is required to change since access will no longer be provided via Victory Rd. Common Driveways(UDC 11-6C-3D : All common driveways are required to be designed and constructed per the standards listed in UDC 11-6C-3D. Two(2)common driveways are proposed on the plat. All properties that abut a common driveway shall take access from the driveway; however,if an abutting property(i.e. Lot 12)has the required minimum street frontage,that property is not required to take access from the common driveway. In this situation,the abutting property's driveway shall be on the opposite side of the shared property line; away from the common driveway. Solid fencing adjacent to common driveways shall be prohibited,unless separated by a minimum five-foot wide landscaped buffer planted with shrubs,lawn or other vegetative groundcover. " r- oa detail for-the eefmnen a,-i.ve ays , landseaping and or-ientatie*of the lots and stmetums. A perpetual ingress/egress easement shall be filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. The easement may be depicted on the plat with a note including the required specifications or in a separate easement. If a separate easement is submitted, a copy of the recorded easement shall be submitted prior to City Engineer signature on the final plat. Landscaping(UDC 11-3B):No street buffers are required to be provided in this subdivision as only local streets are proposed,which don't require buffers per UDC Table 11-2A-6. Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C; the landscape plan should be revised to include landscaping along the micro-path in the common lot at the southwest corner of the site and along the multi-use pathway along the northern portion of the east boundary of the site. Calculations should be included demonstrating compliance with these standards. Landscaping is proposed in common open space areas in accord with the standards listed in UDC 11-3G5B.3.Include calculations on the plan that demonstrate compliance. There are a lot of existing trees on this site,many of which are proposed to be preserved and protected as depicted on the landscape plan. Mitigation is required for trees being removed from the site per the standards listed in UDC 11-3B-10C.5 and should be depicted on the landscape plan. The landscape plan incorrectly depicts an irrigation easement over the common lot at the east boundary of the site; the plan should be revised to remove the easement. Common Open Space&Site Amenities(UDC 11-3G-3): Common open space and site amenities are required to be provided with development of properties of 5 acres or more in area per the standards listed in UDC 11-3G-3. This site consists of 4.11 acres of land;therefore,minimum open space&site amenity standards do not apply. A total of 0.27-acre (or 7%)of common open space is proposed consisting of a 0.18-acre common area with a 30' x 40' tot lot along the west boundary of the site with a pathway that connects to common open in the abutting future development to the west(Teakwood subdivision)and another 0.08-acre common lot on the northeast portion of the site.Additional common open space (approximately 0.20-acre)will be provided with the provision of a common lot for the multi-use pathway along the east boundary of the site.Total common open space provided within the development will be approximately 0.55-acre(or 13.5%). Pathways: The Pathways Master Plan depicts a multi-use pathway along the eastern boundary of this site adjacent to the Eight Mile Lateral;the"working"version of the plan has been updated to depict the pathway crossing the lateral at the existing bridge and then continuing to the south on the east side of the lateral. The landscape plan should be revised to include a 10-foot wide multi-use pathway with a 5- foot wide strip on each side of the pathway,landscaped per the standards listed in UDC 11-3B- 12C,in the common lot along the east boundary of the site on the portion of the site north of the bridge; the common lot proposed to the south of the bridge is not needed and the area should be absorbed into adjacent building lots.The pathway should be constructed per the standards listed in UDC 11-3A-8.A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the pathway prior to signature on the final plat by the City Engineer. The Park's Dept. recommends the off-site bridge across the Eight Mile Lateral be widened or a separate pedestrian bridge constructed to accommodate the 10-foot wide multi-use with NMID's consent. Sidewalks (11-3A-17): A 5-foot wide attached sidewalk is required along internal local streets as proposed. Sidewalks and curbing are not required along common driveways; remove from the plan. Waterways: The Eight Mile Lateral runs off-site along the eastern boundary of the site within property owned by Nampa-Meridian Irrigation District. Fencing: All fencing is required to be comply with the standards listed in UDC 11-3A-6C and 11-3A-7. A 6-foot tall closed vision fence is proposed along the perimeter boundary of the development and around common open space areas visible from the street. A 4-foot tall open vision fence is proposed adjacent to the multi-use pathway and canal along the east boundary of the site. A 6-foot tall open vision fence (wrought iron) should be installed between the pathway and the lateral for public safety in accord with the Park's Dept. comments in Section IX. A detail(s) of the proposed fencing should be included on a revised landscape plan submitted with the final plat application. The Applicant should coordinate with the adjacent developer of Teakwood Subdivision to the west to provide a break in the fencing where the common areas adjoin to allow the connectivity between developments and a larger overall open space area to be enjoyed by residents of both developments. 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 2 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-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: Six(6)conceptual building elevation photos were submitted that demonstrate what future homes in this development will look like (see Section MILE).A mix of single-story and 2- story homes are proposed with a mix of building materials,including stone veneer accents,and architectural elements. Future structures should be generally consistent with the proposed elevations. 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 February 16,2023. At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests. 1. Surnrnary of Commission public hearing: a. In favor: Todd Lakey(applicant's Representative) b. In opposition:None C. Commenting: Mary DeChambeau d. Written testimony: Delaine McLafferty—opposed the project due to traffic concerns 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. Transitional lots sizes on the west and south boundary. b. Continued use of the vehicular bridge as a pedestrian bridge. C. Relocating or eliminating one lot from taking access from the common driveway in the southeast corner of the development. 4. Commission change(s)to Staff recommendation: a. At Staffs request,include a provision in the DA as follows: "Construction traffic for the re-development of this property shall access the site via the future extension of Richardson Street: access via the existing easement from E. Victory Rd. is prohibited." b. At Staffs request,include a preliminaa plat condition of approval for the final plat to be amended consistent with the lot configurations depicted on the revised common driveway exhibit in Section VIILD." C. At the applicant's request,the Commission included a DA provison to limit the homes on the southern lots to single story only. d. Commission struck condition 2A removingthe he requirement to lose lots along the west and south boundary. e. Modified condition#10 -Coordinate with the Parks Department to determine if the existing bridge can be used for a pedestrian crossing_ 5. Outstandingissue(s) for City Council: a. None C. The Meridian City Council heard these items on March 21.2023.At the public hearing_the Council moved to approve the subject AZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: Todd Lakev_Applicant's Representative b. In opposition: None C. Commenting: Monty Moaner:Mary DeChambeau d. Written testimony: Monty Morner,Mary DeChambeau C. Staff presenting application: Sonya Allen f Other Staff commenting on application: Garrett White,Park's Dept.: Joe Bon9iorno Fire Dept. 2. Key issue(s)of public testimony: a. Historical issues between this property and the neighboring DeChambeau property in regard to Ada County's previous approval of an access easement/road through their property benefitting the subject property(i.e. irrigation,drainage, access road. etc.l_ b. Traffic concerns related to the proposed development:the access easement that exists across the DeChambeau property that provides access to this property_ objecting to the existing home remaining on the property because it doesn't fit in with the surrounding neighborhood:request for the pathway along the northeast side of the development to be fenced off from the waterway&the property to the east:the height of the homes along the east boundary of the development don't fit with the rest of the neighborhood and concerns pertaining to light impacts from the development on the property to the east- c. Fire Dept.testified they felt comfortable using the existing bridge for emergency access. 3. key issue(s)of discussion by City Council: a. The pedestrian pathway and bridge required across the lateral: b. Possibility of using the other access easement that exists to the west approved with the Teakwood development for secondary access to this property rather than using the existing one across the DeChambeau property and vacate the one across the DeChambeau property. 4. City Council change(s)to Commission recommendation: a. The Council added a DA provision requiring all homes within the development to be fire nnklered unless an access easement can be provided that allows for emergency access only to be provided across the DeChambeau property(see Section IX.A.IeI. b. At the recommendation of Staff. Council added a DA provision at the recommendation of Staff requiring a"no trespassing" sin to be installed at the end of the multi-use pathway along the east boundary of the site that stubs to the DeChambeau property(see Section IX.A.1-0. VIIL EXHIBITS A. Annexation Legal Description and Exhibit Map -Revised ANNEXATION MILLWOOD SUB EXHBITA PROPERTY DESCRIPTION A parcel of land lying in the NW 1/4 of the NW 1/4 of Section 29,Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho, said parcel being more particularly described as follows: Commencing at an aluminum cap marking the North 1/4 Corner of said Section 29;thence N.89°49'00"W. along the North line of said Section 29 a distance of 1340.37 feet to a 5/8" iron pin; thence S.00*01'15"W.a distance of 629.36 feet more or less to a to a point lying on the Centerline of Eight Mile Lateral, said pin also being the POINT OF BEGINNING; Thence 5.00°01'15"W.a distance of 390.73 feet to a 5/8" iron pin; Thence N.73°02'00"W. a distance of 354.80 feet to a 5/8" iron pin; Thence N.00"01'30"W. a distance of 791.62 feet more or less to a point on the Centerline of Eight Mile Lateral; Thence along the Centerline of Eight Mile Lateral S.37°58'06"E.a distance of 281.07 feet to a point; Thence continuing along said centerline S.30`32'48"E. a distance of 328.43 feet to a point also being the POINT OF BEGINNING. Said parcel contains 4.74 acres, more or less, and is subject to all existing easements and rights-of-ways of record or implied. G 9� 15756 a ,�,�•t3.23�0 � �j OF `° QLO G J. HO* EXHIBIT B ANNEXATION FOR MILLWOOD SUB. PORTION OF THE NW1/4 OF THE NW1/4, SECTION29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO CP&F NO. BASIS OF BEARINGS 2021-040321 VICTORY ROAD a�,4. 19 SE W EW 49'WE 2580.69' Il 30 29 1000.4T I 339.88' w I 1340.37' mi N 1/4 CDR SECTION 29 CP&F NO. 2021-037427 O ry O z UNPLATTED S J, 4�0 �c� I 73.18'\d9• � of 3 0 N � \ UNPLATTED m TEAKWO 3 SUBDIVISION O R n rJ 0 0 z v i a 15758 0 n 4�Z- OF %lD R J.}APO 1J9'9 I In S>3.OZ ` OO f 3S46�5 s`�4� I EGEND TUSCANY LAKES SUBDIVISION N0. 2 ANNEXATION BOUNDARY LINE SECTION LINE GRAPHIC SCALE — — PROPERTY LINE 75 37.5 75 150 300 FOUND ALUMINUM CAP ® FOUND 5/8-IRON PIN I5) f Y�ch� 1 150/� A CALCULATED POINT-NOT SET ft Wl SN1 OF J.J. HOWARD I,/1,/22 /�® �° , 1 MILLWOOD SUB. ao a ar s ac i/ar r ao far awr " 150' CLIS� 220503 ANNEXATION PROPERTY DESCRIPTION EXHIBIT B. Preliminary Plat(dated: 2/10/23) wPm, ;seM m.n. Sion illwood Subdivision O ��ay N®Sia��N®S/4 ef-29,T.,b:P 3 Nmu; bMa.a w teams. Pmi9 umbel SD292n095 19JSEP o Pmq MeiAm,�D 83612 DEVELOPMENT Sq ..� •i .mom � � ,�'� _. a4-,,7 i ! Millwood •� \' S_ t '� Dnc ER Subdivision 9 m ' � nw. .p NGNiEEE: Pebm11N IDU �mm-. C-1 C. Landscape Plan(dated: 12/1/2022) LAN 1 N — _ — _ _ _ .,�..,.. ,...� \��~11 LNO3('MEPLAN AREn, � _•e-- e . I Ir RAN.AREA i I � �I• �« I L13 LANDSCAGE R.ANApEAI--_—_— ,�w.o...... L'.-C 4 --LAN ul �-------------------------- _�. . I -yam'(.= _ }' i I ®fl-r7-rLr1 -L101 i LANDSCAPE REQUIREMENTS L.-------—--- sT�RoCK° \ �I ------------ rw l o IT r j 1 vmDscnPe L PUN-AREA] ® � L------- -- — ------ L102 -------- ---------------- r0 1 v�v STACK POCK .ear-nwmn smw roans m—i—�v.u�c xw�..wunaw oc�rem.. Mir- w.+u...rammw>rc.xx.x�a 'm-rema.a..ura — ..mA6\ _1�BALLBBURIAPTRfEPLVINNG — C,SHRUB PLWTING e..w e.. 3 PIANTERISIANDUETAIL G,CONCRETE SIDBWMK4 A0.1lANUINGI2' m LANDSCAPE NOTES: +^^+�TM•^A^/•�^r^tea `^" Z N ------._ter --'s .•••ram•••• 660PQIVI.90N FENCE m�so NOTES 6 DETAILS �L150 D. Common Driveway Exhibit _—�- -- Millwood Sabdivie,on _..-.._ •p..awuh+em+.in,Nwn.in v.rs...—„o•a.,.w9,u„,n, I J—r m F Er I�v � II ICJ 0 =1 ��✓li1" � ` —, Mdlarood \ v�vvbrtscrnwraec Suo�divisirn EPIC DC`JELDPNENi I 8 , -e vnwlolr s[rnal iva�..- -�1 I` I Iq I I I I I \' 7 4, Millwood srtca vi d — " FX11-2 Note: If the common lot to the east of Lot 4,Block 2 is removed, a greater setback may be required if a wider easement is required along the subdivision boundary. E. Conceptual Building Elevation Photos ONO WN ....� ...... ...... ...... �; Ila 1 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,landscape plan and conceptual building elevations included in Section VIII and the provisions contained herein. b. The existing home proposed to remain on a lot in the subdivision 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. Construction traffic for the re-development of this property shall access the site via the future extension of Richardson Street: access via the existing_ easement from E. Victory Rd. is prohibited. d. The homes constructed on Lots 4-8, Block 1 shall be restricted to singlery only. e. The Developer shall install fire sprinklers in all homes within the subdivision_igehtdigg excgnt for the existing home: or,with submittal of the final plat application_ submit written documentation that demonstrates the existing access easement via E. Victory Road across the DeChambeau property(Parcel#51129120742)may be used for emergency access only for the development—in this case_ fire sprinklers are not required for any of the units. f. The Developer shall install a"no trespassing" sign at the end of the multi-use pathway along the east boundary of the site that stubs to the DeChambeau property(parcel#S 11291207421. 2. The final plat shall include the following revisions: a. Remove a minimtim of one (1)lot a4eng the west betmdai:y in the area be�ween Lots 6 9 Where adjaeent b. Right-of-way is required to be dedicated from the east side of Tamayo Ct.to the east property line to allow for future construction of a stub street(Richardson St.).No improvements are required in this area at this time,per the ACHD staff report(condition 92). c. Remove the sidewalks and curbing along common driveways. d. Include a curve table. e. Revise lot numbers in each block to be consecutive. f. Remove the common lot for the pathway along the eastern boundary of this site south of the existing bridge as the pathway is planned to cross the bridge and continue off-site to the south. This area can be absorbed by adjacent lots. g Amend the plat consistent with the lot configurations depicted on the revised common drivewaX exhibit in Section VIILD. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Revise the lot configuration as required in conditions 42a and 42f above. b. Depict landscaping if desired in the right-of-way required to be dedicated for the future extension of Richardson St. from Tamayo Ct. to the east property line no improvements are required in this area). A license agreement will be required with ACHD for landscaping within this area per the ACHD staff report(condition 42). c. Depict a 10-foot wide multi-use pathway with a 5-foot wide strip on each side of the pathway in the common lot along the northern portion of the east boundary of the site (north of the existing bridge across the Eight Mile Lateral adjacent to Lots 1-3,Block 1 and Lot 3,Block 2),in accord with the"working"version of the Pathways Master Plan,landscaped per the standards listed in UDC 11-3B-12C. d. 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. e. Include calculations that demonstrate compliance with the common open space standards listed in UDC 11-3G-5B.3 and the pathway standards listed in UDC 11-3B-12C. f. Include a detail for each of the proposed fencing types and for the children's play equipment proposed for the tot lot. g. Remove the perimeter fencing along the west boundary of the common lot at the southwest corner of the development where it adjoins common area in Teakwood Subdivision if the Applicant is able to coordinate with the adjacent developer to arrange no fencing on that development in the same area. h. I the easement for the access road across the DeChambeau property(parcel#S 11291207421 is determined eligible to be used for emergency access only and consent from the property owner is obtained_Ddepict bollards across the emergency access driveway 30 feet from the right-of- way of Victory Rd. to prohibit public access;bollards shall meet the Fire Dept. requirements as either knock over or two bollards with a heavy chain and knox padlock. i. Remove the irrigation easement depicted over the common lot along the east boundary of the site as there is no easement over that area. 1 Depict a 6-foot tall open vision fence (wrought iron) fence between the pathway and the lateral for public safety in accord with the Park's Dept. comments in Section IX.E. 4. The Applicant should coordinate with the adjacent developer of Teakwood Subdivision to the west to provide a break in the fencing where the common areas adjoin to allow the connectivity between developments and a larger overall open space area to be enjoyed by residents of both developments. 5. Prior to the City Engineer's signature on the final plat,all existing structures that do not conform to the setbacks of the R-8 zoning district shall be removed. 6. The address for the existing home is required to change since access will no longer be provided from E.Victory Rd. The Applicant should coordinate the new address with the Land Development Dept. (trickskmeridiancioy org). 7. Access for the existing home shall be provided solely from internal local streets;the existing driveway via E.Victory Rd. shall be used solely for emergency access. 8. Submit a 14-foot wide public pedestrian easement for the multi-use pathway required along the northern portion of the east boundary of the site prior to City Engineer signature on the final plat. 9. All common driveways shall be designed and constructed per the standards listed in UDC 11-6C-3D and shall be consistent with the exhibit in Section VIILD. Stibmit., detail f r eaeh Of the e0MMO dFiveways with the final plat applieation that depiets the sethaeks, feneing,biiilding efwelepe eeffiply with these standards-. 10. The applicant shall coordinate with the Parks Department to determine if the existing bridge can be used as a pedestrian crossing The bridge across the Eight Mile Lateral shall be widened or a separate pedestrian bridge constructed to accommodate the 10-foot wide multi-use pathway as required by the Park's Dept.with the NMID's consent. 11.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. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 As per the Pre-con notes,applicant to provide water main to property boundary along this southeast portion(need to provide to-and-through to 2015 E VICTORY RD). 1.2 Water mains are not allowed in common driveways. 1.3 Mains require 20'easement with no permanent structures which includes trees. 1.4 Provide hydrant or 4"blow-off at eastern property boundary. 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 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 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:llweblink.meridianciU.org/WebLinklDocView.aspx?id 286468&dbid 0&repo MeridianCity&cr 1 D. POLICE DEPARTMENT No comments were submitted. E. PARK'S DEPARTMENT-REVISED hyps://weblink.meridiancity.orgj eRink/DocView.aspx?id 289312&dbid 0&repo Meridian City F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.org/WebLink/DocView.aspx?id 287221&dbid 0&repo Meridian City G. WEST ADA SCHOOL DISTRICT(WASD) No comments were submitted. H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id 287891&dbid O&repo MeridianCity&cr 1 L IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.org/WebLink/DocView.aspxTid 287900&dbid 0&repo MeridianCiu J. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridiancity.oEgj ebLinkIDocView.aspxTid 288769&dbid O&repo MeridianCity K. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.orglWebLinkIDocView.aspx?id 288769&dbid O&repo MeridianCiU 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 4.14 units per acre is consistent with the density desired in the MDR designation for this property. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to 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 Staff 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. B. Preliminary Plat(UDC 11-613-6) 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. 2. Public services are available or can be made available and 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 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; 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: Findings of Fact, Conclusions of Law for Newkirk Neighborhood (H-2022- 0088), by Conger Group, located at 4250 W. Franklin Rd. CITY OF MERIDIAN _: FINDINGS OF FACT, CONCLUSIONS OF LAW E AND DECISION DECISION&ORDER In the Matter of the Request for Annexation and Zoning of 22.667 Acres of Land with a TN-R (Traditional Neighborhood Residential)Zoning District AND Preliminary Plat Consisting of 63 (44 Single-family Attached, 18 Townhome,and 1 Multi-family)Building Lots and 8(5 Landscape, I Common Driveway, 1 Alley, and 1 Non-buildable) Common Lots on 20.44 Acres in the TN-R Zoning District for Newkirk Subdivision,by Conger Group. Case No(s). H-2022-0088 For the City Council Hearing Dates of. March 28,and April 11,2023 (Findings on April 25,2023) 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,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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR NEWKIRK AZ PP H-2022-0088 -I - 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 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 preliminary plat 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 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner,and conforms substantially to the approved preliminary plat, such segments,if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-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). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR NEWKIRK AZ PP H-2022-0088 -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 § 67-652 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 NEWKIRK AZ PP H-2022-0088 -3- By action of the City Council at its regular meeting held on the 25th 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 4-25-2023 Attest: Chris Johnson 4-25-2023 City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: Dated: 4-25-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR NEWKIRK AZ PP H-2022-0088 -4- EXHIBIT A STAFF REPORT E IDIAN�-- COMMUNITY 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 22.667 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 24-0620.44- acres of land in the TN-R district for Newkirk Neighborhood Subdivision. IL SUMMARY OF REPORT A. Project Summary Description Details Acreage 21.06 20.44 acres( 22.667 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 • Staff report(yes/no) Yes • 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 See ACHD staff report in the public record. 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 . 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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 O 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 22.667 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-21-0620.44-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 easement is required to be filed with the Ada County Recorder for the common driveway,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. This may be accomplished through depiction of the easement on the face of the final plat and an accompanying note.If a separate easement is recorded, a copy should be submitted to the Planning Division with the final plat for City Engineer signature. Alleys(UDC 11-6C-3B.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. Suimnary 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. Key issue(s)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. Page 15 4. Commission change(s)to Staff recommendation: a. Comission modified DA provision i. to specify that the single-family attached and townhome structures did not need to comply with some of the design elements in the TMISAP. b. Various DA proivisons and conditions of approval were modified to account for ACHD's determination for the extension of the surrounding stub streets to this property. The email and the exhibit have been uploaded below under the Agency comments section IX. for reference. 5. Outstandingissue(s)sus)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 provision 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." C. The Meridian City Council heard these items on March 28 and April 11. 2023. At the public hearing,the Council voted to approve the subject AZ and PP request. 1. Summary of the City Council public hearing: a. In favor: Hethe Clark(Applicant's Representive) b. In opposition: None C. Commenting: Jim Conger_ Jeff Wrede_Harlin Baldwin_and Ryan Adamson d. Written testimony: None C. Staff presenting application: Bill Parsons f. Other Staff commenting on application: Bill Nary and Joe Bongiorno 2. Key issue(s)of public testimony: a. Conveyance of the Zimmerman Lane property to the adjacent Ada County property owners. b. Extension of W.Atomic St. and public utilities (water and sewer)and who is responsible for the construction and cost associated with the extensions if Zimmerman Lane is removed from the boundary of the project. 3. Key issue(s)of discussion by City Council: a. Additional desim elements associated with the residential units. b. Maintenance/ownership of the triangle parcel in the NEC of the development. C. Excluding the Zimmerman Lane property from the annexation and preliminary plat boundary and the timing for the conveyance of the property to the County resdiences to the west. d. The timing of receiving ACHD'S revised staff report prior to the Council hearing. 4. City Council change(s)to Commission recommendation. a. DA provision I.e.was striken. b. Council added a new condition of approval that requires the triangle parcel to be owned and maintained by an owner's association in accord with UDC 11-3G-5C since NMID no longer wants ownership of the lot. Page 16 C. Council added a new DA provision allowing Zimmerman Lane to be removed from the AZ and PP boundary with the caveat that a PBA needs to be approved and recorded by Ada County before the City approves the AZ ordinance and executes the recorded development agreement. Page 17 VIIL EXHIBITS A. Annexation Legal Description and Exhibit Map aawtooth [and 5urvi!nng, 1LG F: (208)398-8104 f: (208) 398-81 05 20305. Wa5hington Ave.,Emmett, ID 8.3E 17 Newkirk Annexation Description BASIS OF BEARING is N.89015'34"W., between a found aluminum cap PL5 14221 marking the S1/4 corner of Section 10 and a found aluminum cap PI-5 14221 marking the SW comer 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.M., City of Meridian, Ada County,Idaho more particularly described as follows: COMMENCING at an aluminum cap marking the S1/4 comer of said Section 10; Thence N,89"15'34" W., coincident with the south line of said SW1/4, a distance of 793.D9 feet; Thence N.0134'26" 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 and the POINT OF BEGINNING said point witnessed S. 0134'26"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. 601'55'14"W.,425.75 feet; Thence S. 59°04'26"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. 0°36'35" E.,69.53 feet with a 5/8" rebar with cap PLS 12464; Thence N. 0036'35"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. 0135'04"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. 0035'04"W., 1250,38 feet to the approximate centerline of said Purdam Drain, said point witnessed N. 0035'04"E., 42.00 feet with a 518" rebar with cap PLS 11779; Thence N. 39115'40"W_,coincident with said centerline,891.69 feet to the POINTOF BEGINNING. LESS and EXCEPTING a parcel of land more particularly described as follows: BEGINNING at the aforementioned"Point A"; P:12t12111 C1V1T)121381-NEWKIRK TOPO%SurveylDrawingslDescriptiansl121381 Newkirk Annexation Descnption.docx Page 11 Page 18 Thence N. 42057'39" W., coincident with the southwesterly right of way of said Kennedy Lateral, 25.93 feet to a 5/8" rebar with cap PLS 11779; Thence N. 58029'25" W., coincident with said southwesterly right of way, 133.89 feet to a 5/8" rebar with cap PLS 11779; Thence N. 88022'37" W., coincident with said southwesterly right of way, 186.62 feet to a 5/8" rebar with cap PLS 11779; Thence NV 1012'41" E., coincident with said southwesterly right of way, 31.04 feet to a 5/8" 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 5/8"rebar with cap PLS 11779 on the northeasterly right of way of said Kennedy Lateral,` Thence S. 58129'25" E., coincident with said northeasterly right of way, 100.62 feet to a 5/8"rebar with cap PLS 11779; Thence S. 0°35'04"W., 66.38 feet to the POINT OF BEGINNING. Said parcel contains 22.667 acres more or less, P't20211'I EMT1121381-NEWKIRK TOPO%Survey%Drawings%Uescripbonsk111381 Newkirk Annexation Description.docx Page 12 Page 19 PROF UNION PACIFIC RA[I.R 'rt.[� -� '+r $ -� ^_ SE6•a6'#6'f 1097,7w ' I� '`T Tl .- - — r 1 73?- DY x I rarl ' ITlI rnl 7G 74b41 � _ n 19 �m w , W . N85"1531•W 26 sf' w' FRANKUN ROAD y' b BASIS OF HEARING Page 20 B. Preliminary Plat(dated: 1 n�22 03/29/23 TT/1T A AAA/17TL n PRELIMINARY PLAT FOR 9HT NDFXAMD � NEWKIRK SUBDIVISION =`J IorwiPD IxTIESEIwanll s°Iie oFSLCTIox Io — — �..�' �x�`...s�- Towslr3H�,�mi xPsr,NxsElemowN w:� °Rw�^:••a^m^� � _I �x�`.. a 2-Ioww —_ — — rri ■ iJ 1 )hp $ LAI LML s g a F o Z - .0•x n...0 �J LCCPLSIRETSECTON WiP�MmIAN SAND:�1 PP1.0 p$ I�. 0 � •�� S p9 S —�----awl------ � � • "pp, Page 21 -- rot 11 ,---- - -------- ------- - -------------------------- . ...... ... EE --------- --------- ------------ -- ----------- ------------------ ------------ T i --------------------------- D z Lj Awl, --- ------- lo z PP2.0 Page 22 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 23 D. Landscape Plan—Preliminary Plat(dated: 9/6/2022) 3 7 m L A ° m a 0 Q Y elXl i • 1 v 31 z Z I j I n I 1© j �R w j I I � j I Page 24 E. Conceptual Site Plan&Landscape Plan for Multi-Family Development 3 7 m L F o m Y Z �6 " I rr Z # a r �..` C - r f a '. Q Lj 7i i I S i j A i ti. r W 010 W V " I i 1 L..J F. Page 25 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 26 G. Common Open Space Exhibit&Calculations 4 r II II I � I M � • Lo j Page 27 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 28 H. Site Amenities Proposed Amenities Single-family Area.- A. Large 1-Acre,Play Park(Block Z,Lot 18)-The Newkirk Neighborhood Park will contain the following recrealion facilities: + Play Structure Swings + Seating Benches • Shade Structure + climbing Racks, MV + Climbing Dame + Large Crass playr area • Attractive Landscaping + Playground Fencing For safety LAM f try"? Page 29 B. Pathways-The Newkirk Neighborhood will include the following pedestrian pathways: + S'Wide Separated Pedestrian Pathway on Both sidles of N_San Marco Way—Z,770 LF Pedestrian pathways within the Newkirk Neighborhood will total over one half _ - mile in length. _ V PATHKY C. Pathway Park(Block 4,Lot 1)-The Newkirk (TfP) Neighborhood Park will contain a small pedestrian park including: a Shade Structure ` �4 • Additional Pathway a Seating Areas • Attractive Landscaping SHAPE I—511W61URE err ) Proposed Amcnitics Multi-family Area. A. Multi-Family Amcnitics the 216-unit Multi-family Chalet's will have the fallowing Amenities: + Cl u b Ho use(Quality of Life) + Fitness Center(Quality of Lffej + Enclosed Bike Storage{Qualityof Life) • Dag Park W/Waste Station(Quality of Life) + Pool(Recreation) + 1Nalking Trails(Recreation) + Picnic Arca(Open Space) + Bike Repair Station(Mu lti-M Oda l) Outdoor Seating + Attractive Landscaping — Page 30 I. Pedestrian Connectivity Exhibit The Newkirk Neighborhood will include pedestrian pathways as well as internal sidewalks that will farm a very connected and pedestrian friendly environmient fur the honwowners and public. fiver 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 Neigh borhood to Kral k, bike or connect to the greater Ten M ile I nterchange Area. All internal streets and collector roadways will have separated sidewalks.The rnap below illustrates Lhke pedestrian connectivity- �1z Page 31 J. 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 32 Map of existing trees Tree 1 10"Caliper shade—to be mitigated 5 Tree 2 Large Willow with rotted base and many dead limbs. —No mitigation proposed Tree 3 7, Large walnut tree, 30"—40"caliper,multi-trunk,poor condition, structural issues. To be mitigated at 50%. r v � ' Page 33 Tree 4 11" Crab Apple—poor to fair condition—to be mitigated ail Tree 5 13" Shade tree—fair condition—to be mitigated YG I �t Tree 6 6" Shade tree—to be mitigated i r \ t Y^ Page 34 Tree 7 18" Shade tree—fair Condition-to be mitigated Tree 8 7"Pine—fair condition—to be mitigated 4 M II{ 1 .. 1 , Calculations from the Newkirk Landscape Plans LOCATION REQUIRED PROVIDED STREET TREES 54 TREE5 PARK/COHMON 142,I30 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 35 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 36 K. Conceptual Building Elevations rrnT 4 P2P2RII 2 PNN I EJ "X10•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 W/1•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 2 LEFT ELEVATION �+ OF _ ppo m l^J REAR ELEVATION 4 RIGHT ELEVATION 1.0 Page 37 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 38 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 39 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 41 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 44 L. 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 homey on-street parking spaces will be available for use by the residence. T = i ` - e I i N.e MULTI-FAMILY The Newkirk Apartments meet and exceed all parking requirements of the City of Meridian Code. The code requires 418 parking stalls,we are providing 450 parking stalls. Page 45 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. E , 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 townhome structures are not required to incorporate 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 residential de ,elep a fft shall be developed; e6fisider-atieA1414DR FtAffe 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 46 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). 1. Zimmerman Lane will not be dedicated as public right-of-way- except for the two stub locations at Atomic St. and Chair Lift St. Dedicate such stub locations to ACHD in configurations required by ACHD prior to the City Engineer's signature on the first final plat. Before recordation of the annexation ordinance AND the City's acceptance of the modified AZ and Plat boundaries to remove Zimmerman Lane.the applicant shall record a property boundary adjustment between the Newkirk property and the three (3) selected adjacent County parcels immediately to the west to facilitate conveyance of the Zimmerman Lane property as proposed. Proof of such convevance shall be provided to City staff prior to City Engineer's signature on the first fmal plat. 2. The final plat shall include the following revisions: a. . b. Extend the three (3) stub streets(i.e. E. Chair Lift St.,W.Atomic St.and W. Ski Hill St.) from Ascent Subdivision into the site as required by ACHD. c. Align San Marco Way with the approved location of the stub street at the west boundary of the site from Aviator Subdivision. d. Extend right-of-way to the south from San Marco Way in alignment with Feather Reed Ave. in the future second phase of Alamar Subdivision. The stub street will need to be located on the east side of the common lot(Lot 3, Block 1)at the northwest corner of Alamar subdivision as approved with the first phase final plat. e. Depict a maximum of three(3)units on one (1) side of the common driveway on Lot 10, Block 1 in accord with UDC 11-6C-3D.1; or,obtain approval of alternative compliance for the proposed design as set forth in UDC 11-5B-5. f Depict a 20-foot wide street buffer in a common lot or on a permanent dedicated buffer easement with an 8-foot wide parkway and a 6-foot wide detached sidewalk along N. San Marco Way,a collector street,per UDC Table 11-2D-6 and Street Section C in the TMISAP,unless an alternative cross section is approved by ACHD. 4 e ray ne rave ape i e Lane Lane �4' Curb-to-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-I005 and the exhibit 'in Section VIILH. Page 47 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 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. k The area in the northeast corner of the development.north of the Kennedy Lateral, shall be owned and maintained by the property owner or owner's association in accord with UDC 1I- 3G-5C. 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. Page 48 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. B. PuBiic WoRxs 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 Page 49 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 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. Page 50 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.men'diancity.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.meridiancioy org/WebLink/DocView.aspxTid 286169&dbid 0&rgpo MeridianQ D. POLICE DEPARTMENT https://weblink.meridiancity.oCg! ebLink/DocView.aspx?id 286172&dbid 0&Mpo MeridianQ E. PARK'S DEPARTMENT No comments were submitted. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.org! ebLink/DocView.Wx?id 287222&dbid O&repo MeridianCitX Page 51 G. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridianciU.org/WebLink/DocView.Wx?id 287028&dbid O&repo MeridianCitX H. WEST ADA SCHOOL DISTRICT(WASD) https:Ilweblink.meridianciU.orgi ebLink/Doc View.aspxTid 287286&dbid 0&repo Meridian0 I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancioy.oEgi ebLink/DocView.Wx?id 293687&dbid O&repo MeridianCitX 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 MSIVI 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 .T� � SITE k 0-exisnnaTus STREETS •oj r � J. SCHOOL IMPACT TABLE(COMMUNITY DEVELOPMENT) https://weblink.meridiancity.org/WebLink/Doc View.aspxTid 286766&dbid 0&repo Meridian0 K. DEPARTMENT OF ENVIRONMENT QUALITY(DEQ) https:llweblink.meridianciU.orgd ebLink/DocView.aWx?id 287890&dbid O&repo MeridianCitX L. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:Ilweblink.meridiancity.oCgj ebLink/DocView.aspxTid 287353&dbid 0&repo MeridianQ Page 52 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 Council 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 TWSAP. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council 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 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 Council 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 Council finds the proposed annexation is in the best interest of the city. B. Preliminary Plat(UDC 11-611-6) 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 Council 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 Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. Page 53 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The Council 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; The 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 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 Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 54 EXHIBIT A STAFF REPORT E IDIAN�-- COMMUNITY 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 22.667 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 24-0620.44- acres of land in the TN-R district for Newkirk Neighborhood Subdivision. IL SUMMARY OF REPORT A. Project Summary Description Details Acreage 21.06 20.44 acres( 22.667 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 • Staff report(yes/no) Yes • 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 See ACHD staff report in the public record. 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 . 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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 O 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 22.667 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-21-0620.44-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 easement is required to be filed with the Ada County Recorder for the common driveway,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. This may be accomplished through depiction of the easement on the face of the final plat and an accompanying note.If a separate easement is recorded, a copy should be submitted to the Planning Division with the final plat for City Engineer signature. Alleys(UDC 11-6C-3B.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. Suimnary 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. Key issue(s)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. Page 15 4. Commission change(s)to Staff recommendation: a. Comission modified DA provision i. to specify that the single-family attached and townhome structures did not need to comply with some of the design elements in the TMISAP. b. Various DA proivisons and conditions of approval were modified to account for ACHD's determination for the extension of the surrounding stub streets to this property. The email and the exhibit have been uploaded below under the Agency comments section IX. for reference. 5. Outstandingissue(s)sus)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 provision 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." C. The Meridian City Council heard these items on March 28 and April 11. 2023. At the public hearing,the Council voted to approve the subject AZ and PP request. 1. Summary of the City Council public hearing: a. In favor: Hethe Clark(Applicant's Representive) b. In opposition: None C. Commenting: Jim Conger_ Jeff Wrede_Harlin Baldwin_and Ryan Adamson d. Written testimony: None C. Staff presenting application: Bill Parsons f. Other Staff commenting on application: Bill Nary and Joe Bongiorno 2. Key issue(s)of public testimony: a. Conveyance of the Zimmerman Lane property to the adjacent Ada County property owners. b. Extension of W.Atomic St. and public utilities (water and sewer)and who is responsible for the construction and cost associated with the extensions if Zimmerman Lane is removed from the boundary of the project. 3. Key issue(s)of discussion by City Council: a. Additional desim elements associated with the residential units. b. Maintenance/ownership of the triangle parcel in the NEC of the development. C. Excluding the Zimmerman Lane property from the annexation and preliminary plat boundary and the timing for the conveyance of the property to the County resdiences to the west. d. The timing of receiving ACHD'S revised staff report prior to the Council hearing. 4. City Council change(s)to Commission recommendation. a. DA provision I.e.was striken. b. Council added a new condition of approval that requires the triangle parcel to be owned and maintained by an owner's association in accord with UDC 11-3G-5C since NMID no longer wants ownership of the lot. Page 16 C. Council added a new DA provision allowing Zimmerman Lane to be removed from the AZ and PP boundary with the caveat that a PBA needs to be approved and recorded by Ada County before the City approves the AZ ordinance and executes the recorded development agreement. Page 17 VIIL EXHIBITS A. Annexation Legal Description and Exhibit Map aawtooth [and 5urvi!nng, 1LG F: (208)398-8104 f: (208) 398-81 05 20305. Wa5hington Ave.,Emmett, ID 8.3E 17 Newkirk Annexation Description BASIS OF BEARING is N.89015'34"W., between a found aluminum cap PL5 14221 marking the S1/4 corner of Section 10 and a found aluminum cap PI-5 14221 marking the SW comer 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.M., City of Meridian, Ada County,Idaho more particularly described as follows: COMMENCING at an aluminum cap marking the S1/4 comer of said Section 10; Thence N,89"15'34" W., coincident with the south line of said SW1/4, a distance of 793.D9 feet; Thence N.0134'26" 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 and the POINT OF BEGINNING said point witnessed S. 0134'26"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. 601'55'14"W.,425.75 feet; Thence S. 59°04'26"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. 0°36'35" E.,69.53 feet with a 5/8" rebar with cap PLS 12464; Thence N. 0036'35"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. 0135'04"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. 0035'04"W., 1250,38 feet to the approximate centerline of said Purdam Drain, said point witnessed N. 0035'04"E., 42.00 feet with a 518" rebar with cap PLS 11779; Thence N. 39115'40"W_,coincident with said centerline,891.69 feet to the POINTOF BEGINNING. LESS and EXCEPTING a parcel of land more particularly described as follows: BEGINNING at the aforementioned"Point A"; P:12t12111 C1V1T)121381-NEWKIRK TOPO%SurveylDrawingslDescriptiansl121381 Newkirk Annexation Descnption.docx Page 11 Page 18 Thence N. 42057'39" W., coincident with the southwesterly right of way of said Kennedy Lateral, 25.93 feet to a 5/8" rebar with cap PLS 11779; Thence N. 58029'25" W., coincident with said southwesterly right of way, 133.89 feet to a 5/8" rebar with cap PLS 11779; Thence N. 88022'37" W., coincident with said southwesterly right of way, 186.62 feet to a 5/8" rebar with cap PLS 11779; Thence NV 1012'41" E., coincident with said southwesterly right of way, 31.04 feet to a 5/8" 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 5/8"rebar with cap PLS 11779 on the northeasterly right of way of said Kennedy Lateral,` Thence S. 58129'25" E., coincident with said northeasterly right of way, 100.62 feet to a 5/8"rebar with cap PLS 11779; Thence S. 0°35'04"W., 66.38 feet to the POINT OF BEGINNING. Said parcel contains 22.667 acres more or less, P't20211'I EMT1121381-NEWKIRK TOPO%Survey%Drawings%Uescripbonsk111381 Newkirk Annexation Description.docx Page 12 Page 19 PROF UNION PACIFIC RA[I.R 'rt.[� -� '+r $ -� ^_ SE6•a6'#6'f 1097,7w ' I� '`T Tl .- - — r 1 73?- DY x I rarl ' ITlI rnl 7G 74b41 � _ n 19 �m w , W . N85"1531•W 26 sf' w' FRANKUN ROAD y' b BASIS OF HEARING Page 20 B. Preliminary Plat(dated: 1 n�22 03/29/23 TT/1T A AAA/17TL n PRELIMINARY PLAT FOR 9HT NDFXAMD � NEWKIRK SUBDIVISION =`J IorwiPD IxTIESEIwanll s°Iie oFSLCTIox Io — — �..�' �x�`...s�- Towslr3H�,�mi xPsr,NxsElemowN w:� °Rw�^:••a^m^� � _I �x�`.. a 2-Ioww —_ — — rri ■ iJ 1 )hp $ LAI LML s g a F o Z - .0•x n...0 �J LCCPLSIRETSECTON WiP�MmIAN SAND:�1 PP1.0 p$ I�. 0 � •�� S p9 S —�----awl------ � � • "pp, Page 21 -- rot 11 ,---- - -------- ------- - -------------------------- . ...... ... EE --------- --------- ------------ -- ----------- ------------------ ------------ T i --------------------------- D z Lj Awl, --- ------- lo z PP2.0 Page 22 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 23 D. Landscape Plan—Preliminary Plat(dated: 9/6/2022) 3 7 m L A ° m a 0 Q Y elXl i • 1 v 31 z Z I j I n I 1© j �R w j I I � j I Page 24 E. Conceptual Site Plan&Landscape Plan for Multi-Family Development 3 7 m L F o m Y Z �6 " I rr Z # a r �..` C - r f a '. Q Lj 7i i I S i j A i ti. r W 010 W V " I i 1 L..J F. Page 25 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 26 G. Common Open Space Exhibit&Calculations 4 r II II I � I M � • Lo j Page 27 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 28 H. Site Amenities Proposed Amenities Single-family Area.- A. Large 1-Acre,Play Park(Block Z,Lot 18)-The Newkirk Neighborhood Park will contain the following recrealion facilities: + Play Structure Swings + Seating Benches • Shade Structure + climbing Racks, MV + Climbing Dame + Large Crass playr area • Attractive Landscaping + Playground Fencing For safety LAM f try"? Page 29 B. Pathways-The Newkirk Neighborhood will include the following pedestrian pathways: + S'Wide Separated Pedestrian Pathway on Both sidles of N_San Marco Way—Z,770 LF Pedestrian pathways within the Newkirk Neighborhood will total over one half _ - mile in length. _ V PATHKY C. Pathway Park(Block 4,Lot 1)-The Newkirk (TfP) Neighborhood Park will contain a small pedestrian park including: a Shade Structure ` �4 • Additional Pathway a Seating Areas • Attractive Landscaping SHAPE I—511W61URE err ) Proposed Amcnitics Multi-family Area. A. Multi-Family Amcnitics the 216-unit Multi-family Chalet's will have the fallowing Amenities: + Cl u b Ho use(Quality of Life) + Fitness Center(Quality of Lffej + Enclosed Bike Storage{Qualityof Life) • Dag Park W/Waste Station(Quality of Life) + Pool(Recreation) + 1Nalking Trails(Recreation) + Picnic Arca(Open Space) + Bike Repair Station(Mu lti-M Oda l) Outdoor Seating + Attractive Landscaping — Page 30 I. Pedestrian Connectivity Exhibit The Newkirk Neighborhood will include pedestrian pathways as well as internal sidewalks that will farm a very connected and pedestrian friendly environmient fur the honwowners and public. fiver 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 Neigh borhood to Kral k, bike or connect to the greater Ten M ile I nterchange Area. All internal streets and collector roadways will have separated sidewalks.The rnap below illustrates Lhke pedestrian connectivity- �1z Page 31 J. 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 32 Map of existing trees Tree 1 10"Caliper shade—to be mitigated 5 Tree 2 Large Willow with rotted base and many dead limbs. —No mitigation proposed Tree 3 7, Large walnut tree, 30"—40"caliper,multi-trunk,poor condition, structural issues. To be mitigated at 50%. r v � ' Page 33 Tree 4 11" Crab Apple—poor to fair condition—to be mitigated ail Tree 5 13" Shade tree—fair condition—to be mitigated YG I �t Tree 6 6" Shade tree—to be mitigated i r \ t Y^ Page 34 Tree 7 18" Shade tree—fair Condition-to be mitigated Tree 8 7"Pine—fair condition—to be mitigated 4 M II{ 1 .. 1 , Calculations from the Newkirk Landscape Plans LOCATION REQUIRED PROVIDED STREET TREES 54 TREE5 PARK/COHMON 142,I30 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 35 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 36 K. Conceptual Building Elevations rrnT 4 P2P2RII 2 PNN I EJ "X10•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 W/1•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 2 LEFT ELEVATION �+ OF _ ppo m l^J REAR ELEVATION 4 RIGHT ELEVATION 1.0 Page 37 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 38 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 39 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 41 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 44 L. 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 homey on-street parking spaces will be available for use by the residence. T = i ` - e I i N.e MULTI-FAMILY The Newkirk Apartments meet and exceed all parking requirements of the City of Meridian Code. The code requires 418 parking stalls,we are providing 450 parking stalls. Page 45 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. E , 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 townhome structures are not required to incorporate 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 residential de ,elep a fft shall be developed; e6fisider-atieA1414DR FtAffe 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 46 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). 1. Zimmerman Lane will not be dedicated as public right-of-way- except for the two stub locations at Atomic St. and Chair Lift St. Dedicate such stub locations to ACHD in configurations required by ACHD prior to the City Engineer's signature on the first final plat. Before recordation of the annexation ordinance AND the City's acceptance of the modified AZ and Plat boundaries to remove Zimmerman Lane.the applicant shall record a property boundary adjustment between the Newkirk property and the three (3) selected adjacent County parcels immediately to the west to facilitate conveyance of the Zimmerman Lane property as proposed. Proof of such convevance shall be provided to City staff prior to City Engineer's signature on the first fmal plat. 2. The final plat shall include the following revisions: a. . b. Extend the three (3) stub streets(i.e. E. Chair Lift St.,W.Atomic St.and W. Ski Hill St.) from Ascent Subdivision into the site as required by ACHD. c. Align San Marco Way with the approved location of the stub street at the west boundary of the site from Aviator Subdivision. d. Extend right-of-way to the south from San Marco Way in alignment with Feather Reed Ave. in the future second phase of Alamar Subdivision. The stub street will need to be located on the east side of the common lot(Lot 3, Block 1)at the northwest corner of Alamar subdivision as approved with the first phase final plat. e. Depict a maximum of three(3)units on one (1) side of the common driveway on Lot 10, Block 1 in accord with UDC 11-6C-3D.1; or,obtain approval of alternative compliance for the proposed design as set forth in UDC 11-5B-5. f Depict a 20-foot wide street buffer in a common lot or on a permanent dedicated buffer easement with an 8-foot wide parkway and a 6-foot wide detached sidewalk along N. San Marco Way,a collector street,per UDC Table 11-2D-6 and Street Section C in the TMISAP,unless an alternative cross section is approved by ACHD. 4 e ray ne rave ape i e Lane Lane �4' Curb-to-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-I005 and the exhibit in Section VIII.H. Page 47 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 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. k. The area in the northeast corner of the development.north of the Kennedy Lateral, shall be owned and maintained by the property owner or owner's association in accord with UDC 1I- 3G-5C. 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. Page 48 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. B. PuBiic WoRxs 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 Page 49 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 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. Page 50 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.men'diancity.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.meridiancioy org/WebLink/DocView.aspxTid 286169&dbid 0&rgpo MeridianQ D. POLICE DEPARTMENT https://weblink.meridiancity.oCg! ebLink/DocView.aspx?id 286172&dbid 0&Mpo MeridianQ E. PARK'S DEPARTMENT No comments were submitted. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.org! ebLink/DocView.Wx?id 287222&dbid O&repo MeridianCitX Page 51 G. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridianciU.org/WebLink/DocView.Wx?id 287028&dbid O&repo MeridianCitX H. WEST ADA SCHOOL DISTRICT(WASD) https:Ilweblink.meridianciU.orgi ebLink/Doc View.aspxTid 287286&dbid 0&repo Meridian0 I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancioy.oEgi ebLink/DocView.Wx?id 293687&dbid O&repo MeridianCitX 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 MSIVI 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 .T� � SITE k 0-exisnnaTus STREETS •oj r � J. SCHOOL IMPACT TABLE(COMMUNITY DEVELOPMENT) https://weblink.meridiancity.org/WebLink/Doc View.aspxTid 286766&dbid 0&repo Meridian0 K. DEPARTMENT OF ENVIRONMENT QUALITY(DEQ) https:llweblink.meridianciU.orgd ebLink/DocView.aWx?id 287890&dbid O&repo MeridianCitX L. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:Ilweblink.meridiancity.oCgj ebLink/DocView.aspxTid 287353&dbid 0&repo MeridianQ Page 52 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 Council 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 TWSAP. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council 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 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 Council 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 Council finds the proposed annexation is in the best interest of the city. B. Preliminary Plat(UDC 11-611-6) 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 Council 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 Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. Page 53 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The Council 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; The 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 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 Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 54 E IDIAN �-- IDAHO AGENDA ITEM ITEM TOPIC: Development Agreement for Hadler Neighborhood (H-2022-0064) Between City of Meridian and Blackcatl LLC for property located at 7200 S. Locust Grove Rd. ADA COUNTY RECORDER Trent Tripple 2023-023846 BOISE IDAHO Pgs=45 CHE FOWLER 04/26/2023 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Blackcatl LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 25th day of April ,2023,by and between City of Meridian,a municipal corporation of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and Blackcatl LLC, whose address is 1979 N. Locust Grove Rd., Meridian, ID, 83646, hereinafter called OWNER/DEVELOPER. I. 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 and zoning of approximately 20.5 acres of land from the RUT(Rural-Urban Transition) zoning district to the R-15 (Medium High-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—HADLER NEIGHBORHOOD(H-2022-0064) PAGE 1 OF 7 1.7 WHEREAS, on the 13'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 party to this Agreement,which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho,whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER:means and refers to Blackcatl LLC,whose address is 1979 N. Locust Grove Rd., Meridian, Idaho, 83646, hereinafter called OA NER/DEVELOPER, the parry that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as in Exhibit"A"describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. DEVELOPMENT AGREEMENT-HADLER NEIGHBORHOOD(H-2022-0064) PAGE 2 OF 7 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 substantially consistent with the approved plat, landscape plan, phasing plan, common drive exhibits, and conceptual building elevations included in Section VII and the provisions contained herein. b. The existing home and outbuildings shall be removed upon phase I development, as proposed. C. The rear and/or sides of homes visible from S. Locust Grove and E. Via Roberto Lane (Lots 2-27, Block 1 &Lots 2-24, Block 3) shall incorporate articulation through changes in two or more of the following: modulation (e.g., projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 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 default that cannot with diligence be cured within such one hundred eighty(180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT-HADLER NEIGHBORHOOD(H-2022-0064) PAGE 3 OF 7 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. hi 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 annexation and zoning of the Property by the City Council.If for any reason after such recordation,the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT-HADLER NEIGHBORHOOD(H-2022-0064) PAGE 4 OF 7 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: Blackcatl LLC 1979 N. Locust Grove Rd. Meridian, ID 83646 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS:This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the DEVELOPMENT AGREEMENT-HADLER NEIGHBORHOOD(H-2022-0064) PAGE 5 OF 7 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 annexation and zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-HADLER NEIGHBORHOOD(H-2022-0064) PAGE 6 OF 7 ACI{NOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Blackcatl LLC 6- , —LL=== By: S 1XCrCu•� Its: r„v�e� STATE OF IDAHO ) j ss: County of Ada ) On this day of e , 2023,before me,the undersigned, a Notary Public in and for said State, personally appeared ,known or identified to me to be the M.9 of Blackcatl LLC and the person who signed above and acknowledged to me that he executed the same. •atn IN WITNES��10I ]q6 "i4 a hereunto set my hand and affixed my official seal the ay and year in this certificate first above written. Cj ��• •...•.. � ••, / t typTAR y •• j(SEjL) ~'� ; Notary Public AUBLIG�i' ; My Commission Expires: - �o� CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 4-25-2023 Chris Johnson, City Cleric 4-25-2023 STATE OF IDAHO ) ss County of Ada ) On this 25th 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,ofthe 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:—a-28-202g DEVELOPMENT AGREEMENT—HADLER NEIGHBORHOOD(H-2022-0064) PAGE 7 OF 7 EXHIBIT A IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 15G GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Hadler Subdivision Annexation Description Project Number 21-360 July 13, 2022 Lot 1, Block 1 of Rescue Ranch Subdivision(Book 106 of Plats at Pages 14734 through 14736, records of Ada County, Idaho), and a portion of the adjacent public right-of-way of S. Locust Grove Road, situated in the north half of the southwest quarter of Section 5,Township 2 North, Range 1 East, Boise Meridian,Ada County, Idaho, and being more particularly described as follows: Commencing at southwest corner of Section 5,Township 2 North, Range 1 East, Boise Meridian; Thence N00°04'42"W, 2655.92 feet to the west quarter-section corner of Section 5,the POINT OF BEGINNING: Thence S89°52'50"E, 37.00 feet along the east-west centerline of Section 5 to the east line of S. Locust Grove Road and the northwest corner of Lot 1; Thence continuing S89°52'50"E, 1618.16 feet along the boundary of Lot 1; Thence S00°04'42"E, 335.88 feet along the boundary of Lot 1; Thence 12.01 feet on a non-tangent curve to the left having a radius of 225.00 feet, a central angle of 03°03'27",a chord bearing of N88°20'52"W, and a chord length of 12.01 feet along the boundary of Lot 1; Thence N89°52'36"W, 313.32 feet along the boundary of Lot 1; Thence 143.71 feet on a curve to the left having a radius of 125.00 feet, a central angle of 65°52'19",a chord bearing of S57°11'14"W, and a chord length of 135.93 feet along the boundary of Lot 1; Thence S24°15'05"W, 307.54 feet along the boundary of Lot 1; Thence 75.80 feet on a curve to the right having a radius of 50.00 feet,a central angle of 86°51'39", a chord bearing of S67°40'54"W, and a chord length of 68.75 feet along the boundary of Lot 1; Thence N68°53'16"W, 342.09 feet along the boundary of Lot 1; Thence N89°52'36"W, 669.21 feet along the boundary of Lot 1 to the east right-of-way line of S. Locust Grove Road; Thence S89°55'18"W, 37.00 feet to the west line of Section 5; Thence N00°04'42"W, 593.86 feet along the west line of Section 5 to the POINT OF BEGINNING. �,1 S The above-described parcel contains 20.51 acres, more or less. �� p 0 13 4 0 \o �yq£L S . gyp Unplatted POB S.6 S.5 w1/4 S89'52'50"E 1618,16' L1 w I r v Do m 'd- � o � N Lot 1 Block 1 C to o,to I Rescue Ranch Subdivision co 00 to Q) N o' I N89'52'36"W Lo d m 3 0 G`ti 313.32' C1 a C14 3 E. Cavalli Ln. Np I (Private) p 0 I s, m O I h o vi o o� Z 37.0' ^�n V O L2 N89'52'36"W 669.21' Al a.cw� Cq 0 w Rescue Ranch Subdivision 0 22 N GJ Laredo Estates Subdivision 1.6 S.5 • S.7 S.8 LA s Line Table Curve Table Line Bearing Length Curve Length Radius Delta Chord Bearing Chord Distance cc IL 4 ;X3 L1 S89'52'50"E 37.00' C1 12.01' 225.00' 3'03'27" N88'20'52"W 12.01' 17(i L2 S89'55'18"W 37.00' C2 143.71' 125.00' 65'52'19" S57'11'14"W 135.93' .i T of ��P�� C3 75.80' 50.00' 86'51'39" S67'40'54"W 68.75' cygEL S.gym NP:\H—Suedi—m Topo 21-360\dwq\21-360 Hadley E.hibit-Annesati—dwq 7/13/2022 e:36:36 PM Scale: 1"=200' IDAHO Exhibit ___ Drawing for 2b No. 0 50 100 200 400 SURVEY 60 sOISE.MAewS" Hadler Subdivision Annexation Sheet No. salsa.nN,o anoa GROUP, LLC Situated in the North Half of the Southwest Quarter of Section 5, Dwg. Date T.214., RAE., B.M., Ada County, Idaho. 7/13/2022 s89°52'50"a 1618.16 0 Wo c A 0 A W N 7 O� O W A� N _ 313.32 4 f n89° 2'3 r3 h �'h 669.21 M�a n89°52'36w y ng8 530�w �� a IL 113 4 OF, X3 Hadler Subdivision Annexation Closure 7/13/2022 Scale: 1 inch= 250 feet File: Tract 1:20.5051 Acres,Closure:n51.0146e 0.01 ft.(1/524069),Perimeter=4486 ft. 01 s89.5250e 37 10 n89.5236w 669.21 02 s89.5250e 1618.16 11 s89.5518w 37 03 s00.0442e 335.88 12 n00.0442w 593.86 04 Lt,r=225.00,delta=003.0327,chord=n88.2052w 12.01 05 n89.5236w 313.32 06 Lt,r=125.00,delta=065.5219,chord=s57.1114w 135.93 07 s24.1505w 307.54 08 Rt,r=50.00,delta=086.5139,chord=s67.4054w 68.75 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW (2zh- AND DECISION& ORDER In the Matter of the Request for Annexation of 20.5-Acres of Land with a R-15 'Zoning District; and Preliminary Plat Consisting of 144 Building Lots and Eleven (11) Common Lots on 20-Acres of Land for the Hadler Subdivision,by Conger Group. Case No(s). H-2022-0064 For the City Council Hearing Date of. December 6,2022 (Findings on December 13, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 6, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 6, 2022,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of December 6, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 6, 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 HADLER SUBDIVISION H-2022-0064 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 6,2022,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 and 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 December 6, 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 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 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR HADLER SUBDIVISION H-2022-0064 -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 § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code.This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of December 6, 2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR HADLER SUBDIVISION H-2022-0064 -3- By action of the City Council at its regular meeting held on the 13th 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. Simi on 12-13-2022 Attest: z �ac, Chri .fo nson 12-` . ., °`_2 City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: � � �' ;�`�� ,� '�(�` � ,} Dated: 12-13-2022 City Clerk's Office - FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR HADLER SUBDIVISION H-2022-0064 -4- STAFF REPORT C�� W IDIAN--- COMMUNITY DEVELOPMENT DEPARTMENT f+H O HEARING 12/6/2022 DATE: Legend 1171Project Location TO: Mayor&City Council FROM: Joe Dodson,Associate Planner 208-884-5533 a SUBJECT: H-2022-0064 - Hadler Neighborhood r' LOCATION: Located at 7200 S. Locust Grove Road, �`j approximately 1/2 mile south of the Locust Grove and Lake Hazel intersection on the east side of Locust ; Grove,in the N 1/2 of the SW 1/4 of ----------- -- a Section 5,Township 2N,Range IE. L PROJECT DESCRIPTION Request for Annexation and Zoning of approximately 20.5 acres of land from RUT to the R-15 zoning district and a Preliminary Plat consisting of 445 144 building lots(52 single-family attached lots& 923 detached single-family lots)and 11 common lots on approximately 20 acres of land in the requested R-15 zoning district,by Laren Bailey,Conger Group. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ—20.5 acres; PP—20 acres Future Land Use Designation Medium Density Residential(MDR,up to 3-8 du/ac) Existing Land Use(s) County residential Proposed Land Use(s) Detached Single-family Residential and Attached Single-family Residential Lots (#and type; 156 total lots—445 144 residential building lots and bldg./common) 11 common lots Phasing Plan(4 ofphases) Proposed as two(2)phases Number of Residential Units 4-45 144 single-family units(52 attached, 923 detached) Density Gross—7.25 du/ac. Open Space (acres, total Approximately 3.5 acres of open space proposed /buffer/ ualified (approximately 17.5% Amenities Four(4)qualifying amenities are proposed worth 11 amenity points—picnic area,playground,a water feature (fountain),and multi-use pathway segments. Description Details Page Neighborhood meeting date July 21, 2022 History(previous approvals) No application history with the City B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Access Access is proposed via new local street connections to E.Via Roberto Lane,a (Arterial/Collectors/State new collector street along the entire north boundary. Via Roberto connects to S. Hwy/Local)(Existing and Locust Grove (arterial street)at the northwest corner of the property. This Proposed) collector street is not yet constructed; the adjacent developer(Brighton)is approved to construct this collector with their project(Apex Southeast)to the north of the subject site. Stub No existing stub streets. Applicant is proposing two stub streets with this Street/Interconnectivity/Cross project; one to the northeast corner and one to the southern boundary. Access Existing Road Network No Capital Improvements Lake Hazel Road is scheduled in the IFYWP to be widened to 5-lanes from Locust Grove Plan/Integrated Five Year Road to Eagle Road in 2022. Work Plan Eagle Road is scheduled in the IFYWP to be widened to 5-lanes from Lake Hazel Road to Amity Road and includes a roundabout at the Eagle Road and Taconic Drive intersection in 2024. The intersection of Lake Hazel Road and Eagle Road is scheduled in the IFYWP to be widened to 5-lanes on the north leg,4-lanes on the south leg, 3-lanes on the west leg and 4- lanes on the east leg and signalized in 2023. Lake Hazel Road is listed in the CIP to be widened to 5-lanes from SH-69 to Locust Grove Road between 2036 and 2040. Fire Service • Distance to Fire 4.1 miles from Fire Station 44—within 1 mile of Fire Station 47, currently Station under construction. • Fire Response Time The project currently lies outside of the Meridian Fire response time goal of 5 minutes. It will be within the response time goal once Station#7 is constructed in summer of 2023. • Accessibility Proposed project meets all required road widths and turnaround dimensions including a secondary emergency access to construct more than 30 homes. Water&Wastewater • Impacts/Concerns See Public Works Site Specific Conditions in Section VIII. NOTE: Water and Sewer are currently not available and must be provided to project by adjacent development to the north,Apex Southeast,but the third and final phase of Apex Southeast is approved. C. Project Area Maps Future Land Use Map Aerial Map Legend0 ® Project Location - Med-High DISCOVERY PARR MU-C,__ Densitly Residential EB Civic l Density esidential Low Density Residential s COI Zoning Map Planned Development Map Legend R-4P 0 Legend Project Location R 8 , R=I5 Project Location R 40 ; City Limits R-•1.5 u 4 Planned Parcels RUT C-C R-8 � '•, R-8 R-4 R-2 ------- , R-8 �® R-4 RUT I RUT RR—R•1 RR RUT RR +-------------- e III. APPLICANT INFORMATION A. Applicant: Laren Bailey,Conger Group—4824 W.Fairview Avenue,Boise,ID 83706 B. Property Owner: Blackcatl LLC— 1979 N. Locust Grove,Meridian,ID 83646 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 10/19/2022 11/20/2022 Radius notification mailed to properties within 500 feet 10/13/2022 11/17/2022 Site Posting 10/21/2022 11/18/2022 Nextdoor posting 10/13/2022 11/18/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.or /cpp Ian ) Medium Density Residential (MDR)—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school,or land dedicated for public services. The subject 20 acres currently contains a large home and other outbuildings with access being from a private driveway to Locust Grove in the location of the future Via Roberto Lane. The subject site is abutted by an arterial street to the west, S.Locust Grove, and a future collector street along the north, E. Via Roberto Lane.Access to the site is proposed via a new local street access to Via Roberto in alignment with an approved access on the north side of the street within Apex Southeast Subdivision. Abutting the property to the east and south are large county parcels that share the same future land use designation of MDR. The City's newest park,Discovery Park, abuts the property at the northeast corner of the site offering close proximity to one of the largest parks in Meridian. The Applicant is proposing 145 building lots on 20 acres of land within the R-I S zoning district which constitutes a gross density of 7.25 units per acre, near the maximum density allowed within the MDR designation. For comparison, the adjacent project to the north,Apex Southeast(H- 2020-0057), was approved with approximately 3.7 du/ac and an average lot size of approximately 7,000 square feet, compared to 3,600 square foot average lot size within this development. Staff notes these development facts of the adjacent project because it shares the same future land use designation of MDR but also includes an area of mixed-use designation while proposing a less dense project.It should be noted that the Applicant is proposing new housing types for this area of this City and is proposing a higher open space percentage for the project than what was proposed with Apex Southeast. The adjacent county parcels to the south and east do not contain a residence and instead are used as pasture for rescued horses. Because of this,Staff does not find it necessary for this Applicant to transition the housing density adjacent to these properties.However,Staff does have concerns with the proposed street layout in regards to the stub street locations. The Applicant is proposing a stub street near the north east corner of the property which is a logical and needed location. The Applicant is also proposing a stub street to the south boundary for future connectivity that Staff does not have concern with. Staff is concerned with the existing property layout of the adjacent county parcels in relation to the proposed stub streets. Specifically,Staff believes an additional stub street should be added along the southeast boundary in place of Lots 28&29,Block 2.Adding this stub street will provide for two stub streets to properties currently owned by the same entity and will not force future road development to avoid such a long stretch ofproperty line without an intersecting street. In addition to vehicular connectivity, the Comprehensive Plan desires safe and adequate pedestrian connectivity through and between developments and to-and-from public spaces, like Discovery Park to the northeast. The proposal to include a micro path from an internal local street to Via Roberto, the collector street along the north boundary,is consistent with the Comprehensive Plan.In alignment with this, the noted revision to add a stub street in this location would also allow for better pedestrian connectivity in this area of the site from the southeast through this development and up to Discovery Park. Furthermore, it allows for the noted open space lot(Lot 30,Block 2)to be fronted by two public streets to increase its visibility and remove the additional concern of this area being a remnant area tucked away in a corner behind building lots. The Comprehensive Plan has specific policies related to these types of design elements(see 4.11.03) that support Staffs position. This revision would add both a vehicular and a pedestrian connection between future subdivisions when the properties to the east and south redevelop—Staff has met with the owner of the property to the southeast and they have a desire to include connectivity and open space adjacent to the noted open space of this subject project so Staff finds it even more prudent to include this stub street in this area. It is also important to note the Applicant is proposing two housing types within the Hadler Neighborhood project, single-family detached and single-family attached(two units attached but on separate building lots). The addition of different lot sizes and housing types is a plus for this project and this general area as it introduces a different housing type in this area of the City.However,Staff has some concerns with parking because of the combination of the proposed density, that most of the proposed building lot frontages are relatively small(32-38 feet wide) when a 20 foot wide driveway is presumed for each lot, and because the Applicant is proposing a 27 foot wide section that allows parking on only one side of the street and not both. The Commission or Council should determine if a solution is needed and if so, one option that could help is to require a wider minimum lot frontage than what is currently being proposed.At a minimum, the Applicant should provide a parking exhibit showing where guest parking could occur for this development and quell any concerns of a street section allowing on-street parking on one side versus both sides. With Staffs recommended revisions,Staff finds the proposed project to be generally consistent with the Comprehensive Plan, as discussed above. Specific Comprehensive Plan policies are discussed and analyzed below. The City may require a development agreement(DA)in conjunction with an annexation and rezone pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a DA that encompasses the land proposed to be annexed and zoned with the provisions included in Section VII1.A1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the rezone and annexation approval.A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies (https://www.meridiancity.or /�pplan): In alignment with the discussion above, Staff finds the following Comprehensive Plan policies applicable to this project; additional staff analysis to the specific policy may be warranted and is in italics: • "Establish and maintain levels of service for public facilities and services,including water, sewer,police,transportation, schools,fire,and parks" (3.02.01G). City water& sewer are not currently available to the site;both sewer and water must be made available to this site by the developer of Apex Southeast to the north. Public works has discussed the requirements and outlined the path to receiving services in the Public Works specific conditions in Section VIII.B. Fire Station #7 will be within %mile of the project and the project will be located wholly within the response time goal of the City—Station #7 is slated to be completed in later Summer 2023. The subject site lays within the Kuna School District and not the West Ada School District. City Staff reached out to the Kuna School District for the purpose of obtaining a response to this project as they have not opted into our automatic transmittals. According to this interaction between Staff, all of their schools are over capacity and they have stated they cannot accommodate additional school-aged children.However, Kuna School District Staff have not submitted any formal comments and Staff is not aware of development slowing in Kuna due to these school capacity issues. The subject site is within walking distance of Discovery Park to the northeast which provides for a multitude of recreation opportunities. Stafffinds that the existing and planned development of the immediate area create appropriate conditions for levels of service to and for this proposed project. • "Encourage a variety of housing types that meet the needs,preferences,and financial capabilities of Meridian's present and future residents." (2.01.02D). • "With new subdivision plats,require the design and construction of pathways connections,easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of usable open space with quality amenities." (2.02.01A). • "Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction." (2.02.02F). • "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). • "Elevate and enhance the quality and connectivity of residential site and subdivision planning." (2.02.01). • "Support construction of multi-use facilities that can be used by both schools and the community." (2.03.0113). • "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). • "Ensure that new development and subdivisions connect to the pathway system." (4.04.01A). The Applicant is proposing regional pathways along its west and north boundaries to total approximately 2,212 linear feet of pathway(nearly half a mile). • "Provide options for passive recreational opportunities not typically supplied by parks and facilities such as jogging,walking,and bicycling." (4.04.0113).Applicant is proposing micro paths within the large central open space that have efficient access to the proposed regional pathway network around the perimeter of the project creating ample opportunity for these passive recreational elements. • "Work with public and private development and management groups to promote and implement Crime Prevention through Environmental Design(CPTED)strategies." (4.11.03).For the most part, Staff finds the project complies with this policy. The exception is the noted area along the southeast boundary(Lot 30, Block 2) that Staff is recommending be opened up more and be fronted by two public streets by adding an additional stub street to the southeast boundary. Currently, this area is largely tucked behind buildable lots which decreases its visibility from the public street, an integral point OPTED strategies aim to alleviate.If the Applicant replaces Lots 28&29 with a stub street and slightly increases the green space, this issue is resolved. • "Require new development to establish street connections to existing local roads and collectors as well as to underdeveloped adjacent properties." (6.01.02C). Staff finds the aforementioned analysis and policies in general makes the project consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: According to GIS imagery,there is an existing large home and other outbuildings that will be removed upon development of Hadler Neighborhood.No other site improvements are known. D. Proposed Use Analysis: The proposed use is detached single-family and attached single-family residential with a minimum lot size of approximately 3,000 square feet and an average lot size of approximately 3,600 square feet,based on the submitted plat(Exhibit VILB). These residential uses are permitted uses in the requested R-15 zoning district per UDC Table 11-2A-2. The Applicant has noted the development is expected to develop in two phases with the number of lots in each phase appearing to be similar(Applicant has not provided the actual lot numbers within each phase but the exhibit appears to show slightly more lots in phase 1 than in phase 2).Because the only public road access allowed for this development is from Via Roberto,no more than 30 homes can be constructed. Therefore,the Applicant has proposed a temporary emergency access within phase 1 located on a future building lot,Lot 23,Block 1,along the west boundary. Meridian Fire has approved this temporary emergency access to allow more than 30 homes to be constructed off of one access. E. Dimensional Standards(UDC 11-2): The residential lots are shown to meet all UDC dimensional standards per the submitted plat. In addition,all subdivision developments are also required to comply with Subdivision Design and Improvement Standards (UDC 11-6C-3). All lots are shown to meet the minimum lot size requirement of 2,000 square feet. There is no minimum street frontage requirement for the R-15 zoning district so,as discussed above,the Applicant is proposing lots with either 32 feet or 38 feet of frontage with a few lots having slightly more frontage. The Applicant is also proposing three(3)common drives within the development;two along the west boundary and one at the southeast corner of the project. The three (3)proposed common drives depict 3 lots taking access from each of them and include at least 5 feet of landscaping adjacent to the abutting lot not taking access from the common drive. The proposed common drive design complies with UDC 11-6C-3D requirements. The Applicant is proposing the north east-west local street(shown as W. Vantage Pointe Drive) within the project to be a long, relatively straight roadway. This street is shown with two intersecting streets on it which allows it to comply with UDC 11-6C-3 requirements for block length measurement. However, the overall roadway is still long and straight. For this reason, ACHD is requiring traffic calming along this street with future final plat submittals. Staff agrees with this and is recommending a condition of approval consistent with the ACHD condition. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted conceptual building elevations for the proposed homes.Note that detached single-family homes do not require Design Review approval but the single-family attached single-family homes do require administrative design review approval prior to building permit submittal. The Applicant is required to submit this Design Review and obtain Planning approval before building permit submittal. The submitted elevations depict varying roof profiles and colors with the same or similar field materials of lap siding and stone accents for the detached homes.All of the attached single-family elevations depict single-story homes with lap siding and stone accents. Overall, Staff finds the submitted elevations to comply with the minimum standards but hopes future elevations depict more variation in finish materials to help delineate the building facades along public streets. G. Access (UDC 11-3A-3 : Access is proposed via a new local street(shown as S.Peak Avenue)connection to E. Via Roberto on the south side of this roadway in alignment with the approved collector street access to the Apex Southeast Subdivision on the north side of Via Roberto. Via Roberto is approved to be constructed with the Apex Southeast development except for the required detached sidewalk on the Hadler side of the street. ACHD has approved the Applicant's proposal to complete Via Roberto with 8-foot parkway and detached 10-foot pathway its south side but notes if Brighton does not complete Via Roberto consistent with their approvals,Hadler is required to construct Via Roberto as half of a 36-foot wide collector street plus an additional 12 feet of pavement. There are no existing stub streets adjacent to the site as Via Roberto is not yet constructed. The Applicant is proposing two stub streets according to the submitted plat, one near the north east corner of the property and one to the south boundary near the southwest area of the project. Staff has no concern with the two proposed stub streets or their locations. However, as noted within the Comprehensive Plan section above, Staff is recommending an additional stub street be added in place of Lots 28&29, Block 2.Adding this stub street will provide for two stub streets to properties currently owned by the same entity to the east and will not force future road development to avoid such a long stretch of property line without an intersecting street(the south/southeast boundary of this project). This revision would likely result in the loss of one building lot and remove one common drive from the project, two points that Staff finds are positive consequences of improving future road connectivity in this area. The Applicant is proposing two different street sections within this development,a 27-foot and a 33-foot street section;both have been approved by ACHD as both are considered standard street sections. The 33-foot street section is proposed for the segment of E.Vantage Point Drive east of the access to Via Roberto along the north half of the site and for the stub street to the south boundary. All other streets are proposed with the 27-foot street section that allows parking on only one side of the street where no driveways exist. Staff notes the Applicant is also proposing a permanent cul-de-sac at the terminus of Vantage Pointe Drive at the northeast boundary because this segment of this street segment is greater than 150 feet in length.Staff has requested a parking exhibit due to concerns with the proposed 27 foot street section in conjunction with the proposed lot widths, as discussed within the Comprehensive Plan section above. Staff anticipates the parking exhibit to show adequate parking for the development above the minimum requirements outlined in code. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. According to the submitted elevations, each home is proposed with a two-car garage which presumes a 3 or 4-bedroom home and would require a minimum 20 foot wide driveway for each building lot. In addition, as discussed above, some of the streets within this development are proposed as 27 foot wide street sections which only allows parking on one side of the street instead of both sides as allowed on the standard 33 foot section. L Sidewalks&Pathways (UDC 11-3A-17&UDC 11-3A-8): 5-foot wide attached sidewalks are proposed along the internal local streets consistent with UDC requirements. The Applicant is proposing a 10-foot wide detached multi-use pathway along E. Via Roberto and an attached 10-foot wide sidewalk/pathway along S. Locust Grove;the pathway widths are consistent with the UDC,the Meridian Master Pathways Plan,and exceeds ACHD requirements but the location of the sidewalk along Locust Grove does not comply with Master Pathways plan as there is a desire to detach these sidewalks/pathways along arterial streets to improve pedestrian safety. The Applicant is required to place the multi-use pathways within public access casements adjacent to the public streets unless they are within ACHD right-of-way. The pathway along Locust Grove appears to be attached to Locust Grove which does not comply with the UDC or Master Pathways Plan. So, the Applicant should revise the plat and landscape plan to depict this 10 foot pathway to be located within the required 25 foot buffer to Locust Grove and at least four(4)feet outside of the ultimate ROW to ensure the pathway remains detached. J. Landscaping(UDC 11-3B): A 25-foot wide street buffer along S. Locust Grove,an arterial street,and a 20-foot wide street buffer along E.Via Roberto,a collector street,are required and should be landscaped per the standards in UDC Table 11-313-7C. All landscape areas should be landscaped per UDC 11-313-5, general landscaping standards. Lastly,according to the submitted plans,the Applicant is proposing micro-paths which should be landscaped in accord with UDC 11-3B-12 standards. The Applicant is showing a 25 foot wide common lot along Locust Grove that is a 22.S foot wide common lot along Via Roberto consistent with code requirements. The landscape buffers are depicted with trees in excess of code and include landscape beds with shrubs and other vegetative ground covey, consistent with UDC 11-3B-7. Therefore, Stafffinds the proposed street buffers comply with all UDC requirements. In addition, all open space areas are shown with trees, sod, and other landscaping in excess of minimum code requirements. K. Fencing(UDC 11-3A- : All fencing is required to comply with the standards listed in UDC I I-3A-7. According to the submitted landscape plans, the Applicant is proposing 6-foot vinyl privacy fencing along the perimeter of the property and the rear lot lines and 5-foot tall wrought iron open vision fencing adjacent to any common open space areas. Both fencing types and their proposed locations comply with UDC standards. L. Open Space and Amenities(UDC 11-3 The proposed project is approximately 20 acres in size requiring a minimum amount of open space based on the requested zoning.Per UDC Table 11-3G-3,the R-15 area requires a minimum of 15%qualified open space. Per the calculations,the minimum amount of qualified open space required is 3 acres.According to the submitted plans,the Applicant is proposing 3.49 acres of qualified open space,exceeding the minimum amount required. The proposed 3.49 acres equates to approximately 17.45%qualified open space. The qualified open space proposed consists of of the arterial street buffer to Locust Grove, the full collector street buffer to Via Roberto, the large central open space area, and the smaller common open space area along the southeast boundary. However, Staff is not sure if the landscape buffers to the adjacent a. Enhanced landscaping as set forth in Article 11-36,Landscaping Requirements; public streets meet the enhanced b. Multi-use pathways; buffer requirements outlined in UDC c. Enhanced amenities with social interaction characteristics; 11-3G-3B.3 to count towards the open d. Enhanced context with the surroundings. space. Previously, these areas automatically qualified towards the minimum open space but this is no longer the case with the latest open space code updates that desires for more than the minimum to be included within the required buffers in order to count towards the overall qualified open space for a project. The Applicant appears to comply with the first two points outlined in code but may not comply with the last two points: enhanced amenities with social interaction characteristics; and, enhanced context with the surroundings. Staff recommends the Applicant provide evidence these buffers are enhanced beyond the pathway, trees, and grasses. For example, boulders, additional vegetation, decorative elements, decorative fence/walls, additional micro pathways, etc. The burden of proof for the proposed common open space to qualify falls on the Applicant and not on Staff. If these buffers do not count towards the minimum qualified open space, approximately I acre of land must be removed from the calculation leaving approximately 2.5 acres of qualified open space which does not comply with the minimum qualified open space requirement. Therefore, the Applicant should provide evidence that the proposed street buffers are qualified open space prior to the Commission hearing OR apply for Alternative Compliance to reduce the amount of qualified open space required due to the project's proximity to Discovery Park to the northeast. The centralized open space area is depicted with playground equipment, a gazebo with picnic benches, and multiple seating areas all connected to the surrounding local streets via 5-foot wide micro pathways. Staff supports the design of the central open space area.As discussed within the Comprehensive Plan section above, the other common open space area (Lot 30, Block 2)is approximately 9,300 square feet in size and is tucked behind multiple building lots. Staff does not have concern with the size of this open space lot but is concerned with its location being a remnant piece and tucked away. Because of these concerns, Staff recommends the adjacent Lot 29, Block 2 be removed and added to the open space lot to increase the visibility of this open space area and include an additional micro path connection to the southeast boundary. UDC 11-3G-4 dictates the minimum amenity points required for projects over 5 acres in size.The project size of 20 acres requires a minimum of four(4)amenity points(1 point for every 5 acres). According to the submitted plans and narrative,the Applicant is proposing the following qualifying amenities: picnic area,playground,a water feature(fountain),and two segments of multi-use pathway equaling approximately%2 mile in length. According to UDC Table 11-3G-4, the proposed amenities amount to eleven(11)amenity points and exceed the minimum amenity point requirements for a project of this size. Staff finds the proposed amenities within this development are sufficient due to the size of the property,their proposed locations within the development,the pedestrian connectivity within the project and to and from the nearby regional park,and because of the general proximity to Discovery Park to the northeast that offers additional recreational opportunities for future residents of this project and in this general area of the City. M. Waterways(UDC 11-3A-6): According to GIS imagery,there is an open irrigation ditch that runs along the shared north boundary of this site and the Apex Southeast Subdivision to the north. It is not a labeled ditch on the City's GIS and it can be presumed it is being tiled and relocated as part of the construction of Via Roberto Lane by the adjacent developer,Brighton. This Applicant is also required to comply with UDC 11-3A-6 and ensure this irrigation facility along the north boundary is tiled or relocated. N. Utilities(UDC 11-3A-21 The Applicant is proposing and is required to extend necessary public utilities for the proposed project. Public Works has reviewed the subject applications for compliance with their standards and finds them to be in general compliance except for specific conditions outlined in Section VIILB of this report. However,it should be noted that both water and sewer services must be provided to this development through the adjacent development to the north(Apex Southeast) and are currently not available. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and preliminary plat applications with the requirement of a Development Agreement per the conditions of approval in Section VIII of this report per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on November 3,2022. At the public hearing,the Commission voted to recommend denial of the subject Annexation and Zoning and Preliminary Plat requests. 1. SgMMM of Commission public hearing_ a. In favor: Laren Bailey,Applicant;Hethe Clark,Applicant Representative b. In opposition:None C. Commenting: Hethe Clark,Ronnie Reno,Kuna School District. d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f Other Staff commenting on application:None 2. Key issue(s)of public testimony a. Ronnie Reno from Kuna School District(KSD), as a representative of the school board, testified that KSD cannot accommodate the Hadler Neighborhood development due to school capaci . issues. 3. Key issue(s)of discussion by Commission: a. School district capacity and a lack of ability to accommodate Hadler Neighborhood, b. Concern with available parking with the combination of the 27-foot wide street section and common drives; C. Concern with proposed density and housing types with no nearby urban services ( rog cerygas stations,medical,office,etc.), d. Concern that project is proposed with as many lots as possible within project area without a true identity; 4. Commission change(s)to Staff recommendation: a. Commission recommended denial to the City Council due to school capacity issues and a lack of urban services nearby the density proposed within this development. 5. Outstandingissue(s) for City Council: a. None C. The Meridian City Council heard these items on 12/06/2022.At the public hearing_the Council voted to approve the subject AZ and PP request. 1. Summary of the City Council public hearing: a. In favor: Laren Bailey and Hethe Clark b. In opposition: None C. Commenting: Ronnie Reno_ Dave Yorgason_ and Julie Edwards d. Written testimony: None C. Staff presenting application: Bill Parsons f Other Staff commenting on application: Bill Nary 2. Key issue(s)of public testimony: a. Kuna School District school capacity and their methodology for mitigating impacts from the increased growth. b. More density and less open space since the project is adjacent to a regional park. 3. key issue(s)of discussion by City Council: a. On street parking within the proposed development. b. Removing the tot lot because of the development's proximity to a regional park. C. Impacts this development would have on the Kuna School District and if the adopted methodology for mitigating the impact complied with state law. 4. City Council change(s)to Commission recommendation. a. Council voted to approve the annexation and preliminary plat request which reinstated the previous conditions of approval in Section VIIL AND condition of approval 2.a was modified to reflect the changes to the plat as recommended by Staff. VIL EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps IDAHO 9955 W Emerald St SURVEY Boise,ID 83704 i5G GROUP Phone: (208)846-8570 Fax: (208)884-5399 Hadler Subdivision Annexation Description Project Number 21-360 July 13,2022 Lot 1,Block 1 of Rescue Ranch Subdivision(Book 106 of Plats at Pages 14734 through 14736, records of Ada County,Idaho),and a portion of the adjacent public right-of-way of S.Locust Grove Road,situated in the north half of the southwest quarter of Section 5,Township 2 North, Range 1 East,Boise Meridian,Ada County,Idaho,and being more particularly described as follows: Commencing at southwest corner of Section 5,Township 2 North,Range 1 East,Boise Meridian; Thence N00`04'42"W,2655.92 feet to the west quarter-section corner of Section S,the POINT OF BEGINNING: Thence 589`52'50"E,37.00 feet along the east-west centerline of Section 5 to the east line of S.Locust Grove Road and the northwest corner of Lot 1; Thence continuing S89°52'50"E,1618.16 feet along the boundary of Lot 1; Thence S00°04'42"E,335.88 feet along the boundary of Lot 1; Thence 12.01 feet on a non-tangent curve to the left having a radius of 225.00 feet,a central angle of 03"03'27",a chord bearing of N88`20'S2"W,and a chord length of 12.01 feet along the boundary of Lot 1; Thence N89"52'36"W,313.32 feet along the boundary of Lot 1; Thence 143.71 feet on a curve to the left having a radius of 125.00 feet,a central angle of 65'52'19",a chord bearing of S57°11'14"W,and a chord length of 135.93 feet along the boundary of Lot 1; Thence S24°15'05"W,307.54 feet along the boundary of Lot 1; Thence 7S.80 feet on a curve to the right having a radius of 50.00 feet,a central angle of 86`51'39",a chord bearing of S67°40'54"W,and a chord length of 68.75 feet along the boundary of Lot 1; Thence N68"53116"w,342.09 feet along the boundary of Lot 1; Thence N89'52'36"W,669.21 feet along the boundary of Lot 1 to the east right-of-way line of S.Locust Grove Road; Thence S89"55'18"W,37.00 feet to the west line of Section 5; Thence N00'04'42"W,593.86 feet along the west line of Section S to the POINT OF BEGINNING. The above-described parcel contains 20.51 acres,more or less. �. p 0 13 4 cyQ fi S. 6 00 »Z-V>&oos a / _ Q 10 j c ( aK 5 % 0 \ � e to r \ 2 - u } § J- S f > m [ ; / o 3 y z < ! \ w 2 ) I ± '0 ( a § ! i & j ! 3 ) & � 0 .s� j b/ } ] q 0 \ { jOf q 2 I a % { o \ ~ � (0 . � � % \ w� § ) / « CD « o ) \ O j Q - a ° § In � U) V) \ \ d - \ ] . \ w 8 A so s 2 & -7' \ 3 z = a °e ---- '±39 --- '�9® M.� T- ° 2 - § « w m� eee gnml 3 . _ vcn 0- ' e w s �-zBgQs m3#»ao%� ^^ mk , «u me @ .@08 Ln p9Rzd n CD B. Preliminary Plat(dated: 10/18/2022) 11 I L �,�,.,... .. .. � ' .. .. .- .. .'.• �>.. fir'' 3���• �. ... m - •i'arrsYMalwY...n.:..T_r.-n�ws.r�..x:l:.'w,.ry r .� >r'�' Yi 'Sip�I` �• I ° e� � s s ell- .-..�.�a...:;�r� ���. ���,�., �I ^ I e �II � if =7ke 77 F2 e35 �(. 0 Y?FSF 'p,< Q t •`§'° ., Ir S s.` _ i sl she, 1.. C y yy - mg I � _ § c € NADLER SUBDIVISION CIVIL INNOVATIONS,PLLC d a x ' iwxivx xvi� 4� C. Landscape Plans(datc: ""� 11/2/2022) til— LIM i — o us. HAD LER S U BDIVISION ^NOVEMBER 2,2022 m JENSENBELTS MERIDIAN, ID PRELIMINARY PLAT LANDSCAPE PLAN — a e e F k ,�ll J Al ,ax -. ; d IV, ..,�, � � r nJ /a l H A D L E R SUBDIVISION III NOVEMAEN t,i01] y� JENSENBl�T�B MERIDIAN, ID PRELIMINARY PLAT LANDSCAPE PLAN ® �._ rwo,Rriw L zz t me % Ma - ! r ad / = a % N-� WLG'TE 1N0'fT5 ,.1 PLM `) ...,tea....,. ® ,.. KEY MAP _ P Z W a r 06 y Q _ANTPy_ETTE C Lu CL KoTrm �" �"i.,.:riu�« u>ui.+x•c I F -� � *6' W086APG `: KEY MAP L2 D. Open Space Exhibit: E.MROff,O" 61 I e ; ,• �,�C-..w �v��• ,f� r'.• ��sr r r- .-.ram.. -.!--ir4.r...+. �+ �:.< - 3 I +t �. I I I I I I f�G �n.e. mom.:..m....R. NRR E. Phasing Plan: I _ - L M ROBERTO INTrIT .I �SiPa`' 'ZT!•f���tb2ac:'rsand'.�t�..�5s�e.�" .. ...x e.-. _.. �'FBs"e�:2fS4rc�V.h�SA3��.. -,'�"�i,.��$�i er&� __ A 'II l=. I .. _.h..w.w ,«..s:.aalv..,, ,:..u«a--ra•.ci.:...wr..r.sier.... _. �Sww .e.:rs::.�s..en��s-�,a.cv�.�r•ar.s,...w.�ate.»,.tars...-�: .m..,«.-,...I..�:..w» I _ TIT II I�� Y r+Yc:•+lt.'+�w•M•�vrvlaa:v�«awaay.ra+:aMwwmsarxM.a.1.x_•��awaa:�.]J.��•nwnm4a«1�«r.ia..n.+..M..m-GYw:n•ac.!�aw.S�r n.cro: .n. rO`�aff' Ipj �i �' I� Y P ' PHASE 1 � PHASE Y �- li rlII, jay 4iastr.a. _ _ w�:..'•N.yn:.+�u:+i..«..ysatio..,i. � !� F � � —o— L -�--ry�•aYo�rmnla _I _ _—_—_ �W"s,-„� ' lt� •B3 y 1y I I I .. I I F. Common Drive Exhibits: I FUTURE E.VIA ROBERTO I.N. I � I � 1 � .�! ZERO SETBACK LOT LINE SETBACK LINE OTLINE -�h (TYPICAL) (TYPICAL) [L I;ICAL) r----{ ----- -- ----� r---T -- -- --- -----, --T 3.00 3.00' I I 3.00 � i ---- ---- - I I I 3.00' 3.00 BLOCK 1 16 14 13 12 11 10 1; y.r j ORIENTATION ! l ORIENTATION ORIENTATION l -La I I I I I DRIVEWAY s 1 (TYPICAL) i i I I L --- — --- — -- -- -- ;L. BLOCK 1 N J •I'. f I: 16 DRIVEWAY x W.VANTAGE POINTE DR. - I . 1200'i 17 1 f I I ' 20.00 .7 BUILDING ORIENTATION 20.00 .. . I I I I I I 12.00'I BLOCK 1 0 _ w BLOCK 4 18 c 14 1 2 3 •I' I m I I I I I �-------- — -- •_ ��- w I II i i I I r� _i NON1H 40 20 0 40 HORIZONTAL SCALE IN FEET PFDJECT NO. 21-07DI-HADL EMEM °R�AVHADLER SUBDIVISIONCIVIL INNOVATIONS,r«c BT BT MERIDIAN,IDAHO 1043 E,PARK BLW STE 100 BT BOISE,ID 83712 wwlwcE(208)8Ma81 07(21(2022 'I- o✓ailmscom ASSHOWN SHARED DRIVEWAY EXHIBIT 1 OFi I{ Y2 'I W I I I I I I L_----------------- r I I I I I ' -- ----- ------ BLOCK 4 a 14 53 52 51 i li li 12.00, 23 BUILDING 20.00 1 l ORIENTATION w M . w m ____________J e�TLIHE (TYPICAL) 77 t \\ 12.00'1 24 20 00' {f BLOCK T1h 1 BUILDING \ W.ORION GREENS DR. J I o - - - ORIENTATION � � L• 12.00'I ..; 8 81 25 -- - ---- ---- - r W R r SETBACK LINE N (TYPICAL) 20.00� DRNEWAY�•��� I —_ I I I I I I 1 I+t(r[ 12.00'1 26 (TYPICAL) z F z F z F j I I• W I c� I 11T c� I 14 c� 7I I ZERO SETBACK i 5 w 1 1 z 1 z l BUILDING ¢o 1 m LOTLINE ORIENTATION m (TYPICAL) 1 1 —� 1 29 1 1 30 31 32 •.,�.J, 12.00'1 BLOCK I 3, 27 Ell ' 28 3' 1 1 3' .: --- --- --� -- -- E.CAVALLI LN. E° E6—_—— E° E° EC ————- — r� _i NORTH 40 20 0 40 HORIZONTAL SCALE IN FEET PROJECT N0. 21-0701-HPDL DWG RED T� "B oESIBr�o9v Br HADLER SUBDIVISION CIVIL INNOVATIONS,PLLC DPAWN BY BT MERIDIAN,IDAHO 1043 E.PARK BLVD STE 100 CHECKED BY BT B01SE,ID 93712 ISSUE DATE 07/21/2022 PTNE:(208)BB7-M 81 SCALE ASSHOWN SHARED DRIVEWAY EXHIBIT " w'chI-I" SHEET 1 OF1 / ` 32 BLOCK 4 O'wk/SING `✓ / l 23 �I � / �:� e�/ o9i��N � �✓ / l �nQ) 22 \RCN 21 / 20 roeb & \ / 41 13 i ..`'. 19 14 0 oR 16 // / m i t =o -r `' /DRIVEWAY / �8= / (TYPICAL) 17 \\ _,"•,! �, � l a / � � zoo- / SETBACK LINE N ' `\ a r / BLOCK 2 (TYPICAL) LOT IN v \\e (TYPICAL) C r� _i NORTH 40 20 0 40 HORIZONTAL SCALE IN FEET PROJECT N0. 21-0701-HPDL DWG RED OR "BT DESIBr�Dev Br HADLER SUBDIVISION CIVIL INNOVATIONS,PLLC DPAWN BY BT MERIDIAN,IDAHO 1043 E.PARK BLVD STE 100 CHECKED BY BT BOISE,ID 93712 ISSUE DATE 07/21/2022 PHONE:(208)BB7-M 81 SCALE ASSHOWN SHARED DRIVEWAY EXHIBIT " w'chI-I" SHEET 1 OF1 BuildingG. Conceptual Y �Y f D YY I, �� ►1L�Jll Il ��" II�` I� ■ca I��� ■w� ■w�',Il�i-I iI��I \� �ii ■� �� i ��"mow■ �w�, .ail �a■ i I�►\\II/III\\I//���: � : -` -=:::'- '-':-: �i�\\I///I�\\I//��,.; c _ R Y� — law f is waYYrn� I �� *97T IL N ,fie. „�.w�.�...:�o�in '- �,es-- c /AA...��. �?'•� N - y J VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance_ a DA shall be entered into between the City of Meridian and the property owner(s)/developer at the time of annexation ordinance adoption and the developer. A final plat will not be accepted until the DA is executed and the Annexation and Zoning ordinance is approved by City Council. 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 substantially consistent with the a proved plat_ landscape plan_phasing plan_common drive exhibits_and conceptual building elevations included in Section VII and the provisions contained herein. b. The existing home and outbuildings shall be removed upon phase 1 development_ as proposed. c. The rear and/or sides of homes visible from S. Locust Grove and E.Via Roberto Lane Lots 2-27_Block 1 &Lots 2-24_Block 31 shall inc=orate articulation through changes in two or more of the following: modulation(e.g. projections_recesses_ step-backs_pop- outs)_bays_banding_porches_balconies_material types_ or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. Preliminary Plat Conditions: 2. The preliminary plat included in Section VILB_ dated October 18.20 22_ shall be revised as follows prior to submitting for Final Plat approval: a. Replace Lots48-c-29_Block 2 with rw additional s open space and a micro-path leading to the southeast property boundary for future pedestrian connectivity and to enhance the currently proposed open space on Lot 30_Block 2. b. Direct lot access to S. Locust Grove and E.Via Roberto Lane is prohibited except for the emergency access to Locust Grove and the approved access to Via Roberto_ in accord with UDC 11-3A-3. c. Add a plat note stating that Lot 23_Block 1 is a non-buildable lot until such time that an additional Fire approved public street connection is provided. d. Consistent with ACHD conditions of approval,provide traffic calming measures along W.Vantage Point Drive to help mitigate its long and straight design. ^ e. Depict the 10-foot pathway along S. Locust Grove to be located within the required 25- foot street buffer and located at least four(4)feet outside of the ultimate ROW to ensure the pathway remains detached_ consistent with UDC 11-3B-7C.Ia. 3. The landscape plan included in Section VILC_dated July 29 November 2. 2022_ shall be revised as follows prior to submitting for Final Plat approval: a. Revise the landscape plan to match the revisions made to the street section of Vantage Pointe Drive on the latest preliminary plat. b. Make the necessary revisions to the landscape plans to match the plat revisions noted above in VIILA2. c. Depict the 10-foot pathway along S. Locust Grove to be located within the required 25- foot street buffer and located at least four(4)feet outside of the ultimate ROW to ensure the pathway remains detached, consistent with UDC 11-3B-7C.Ia. 4. Prior to the Commission hearing. the Applicant shall provide evidence that the proposed street buffers are qualified open space OR apply for Alternative Compliance prior to the City Council hearing to request a reduction to the amount of qualified open space required. 5. Prior to the Commission hearing.the Applicant shall provide a parking exhibit showing available parking within the subject development. 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. 7. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 8. The Applicant shall comply with all ACHD conditions of approval. 9. The Applicant shall ensure the irrigation ditch along the north boundary is tiled and/or relocated consistent with UDC 11-3A-6 standards. 10. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1I- 3A-15 UDC 11-3B-6 and MCC 9-1-28. 11. Prior to the City Engineer's signature on each final plat. a 14-foot wide public pedestrian easement shall be submitted to the Planning Division and recorded for the multi-use pathways along S. Locust Grove and E.Via Roberto as required by the Park's Department.unless ACHD requires an easement within their right-of-way. 12. Prior to applying for building permits.Administrative Design Review is required to be submitted and approved by the Planning Division for the proposed single-family attached units. 13. Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are jn substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 14. The preliminary plat approval shall become null and void if the applicant fails to either: 11 obtain the City Engineer signature on a final plat within two years of the date of the approved findings: or 21 obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBuc WORKS SITE SPECIFIC CONDITIONS: 1. Must provide sewer to and through to parcel R7406180010. 2. Ensure no sewer services pass through infiltration trenches. 3. There currently are no water mains to the site. Water will be coming from the Apex Southeast Development. 4. Water and sewer in parallel require a minimum 30'easement. Easement width may be greater depending on sewer depth. 5. Where water ties into existing line in E.Via Roberto Ln two vales are required. 6. As part of Apex Southeast_ a 12"water main will be brought to the corner of Locust Grove and Via Roberto Ln. Extend 12" water main down Locust Grove to southern property boundary. 7. A second connection to the 12"water main in Locust Grove is required. The City would prefer this connection be made jn E. Cavalli Ln with an easement. 8. Must install water blow-off per SD W13 at eastern boundary along Vantage Pointe Dr. and at the southern boundary at Steeple Ave. See changemarks on sheet PE.200 for additional details. 9. At,the corner of Cadence Ave and Orion Greens Drive_the water mains have multiple odd bends: remove unnecessary bends in said water main. 10. Water and sewer at the corner of Zenith Ave and Vantage Pointe needs to be laid out differently. The current configuration adds an extra sewer manhole that isn't needed_multiple water fittings that are not needed_ and a sewer service jn a common lot when the house access is not from the common lot. See the uploaded"Water and Sewer Comments" pdf for suggestions of a better configuration. 11. Near the common driveway at the southeast corner of the site there is a water service running across a private property that is not being serviced by the meter. The meter should be located in the landscaping area of the common driveway. See changemarks on sheet PE.200. 12. As noted in the Geotechnical Engineering Report prepared by Atlas Materials Testing& Inspection_there are shallow cemented soils across the site. Particular attention needs to be focused on ensuring that all residences constructed with crawl spaces should be designed in a manner that will inhibit water in crawl spaces. Applicant should adhere to recommendations including the installation of foundation drains_ and the installation of rain gutters and roof drains that will carry storm water at least 10-feet away from all residences. Foundation drains are not allowed to drain into the sanitary sewer system_nor the trench backfill for the sewer and/or water service lines. 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_ a plicant 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 a plicant 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 rp oiect. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting(http://www.meridiancitv.org/public works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval,which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian'standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances marked EXHIBIT B) for review.Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned accorch 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. asing 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 laving 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. C. FIRE DEPARTMENT https://weblink.meridiancity.org/WebLink/DocView.aspx?id 275369&dbid 0&repo MeridianC Lty D. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridiancity.oLgI ebLinkIDocView.aspx?id 276691&dbid O&repo=MeridianC i &cr1 E. MERIDIAN POLICE DEPARTMENT(MPD) https://weblink.meridiancity.org/WebLink/DocView.aspxTid 275370&dbid 0&repo MeridianC i &cr1 F. BOISE PROJECT BOARD OF CONTROL(BPBC) hyps://weblink.meridiancioy.orgi ebLink/Doc View.aspxTid 276388&dbid 0&repo—MeridianC Lty G. MERIDIAN PATHWAYS—CONDITIONS https://weblink.meridianciU.org/WebLinkIDocView.aspx?id 275182&dbid O&repo—MeridianC Lty H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciU.org/WebLink/DocView.aspxTid 278590&dbid 0&repo=MeridianC Lty IX. FINDINGS A. Annexation and Zoning(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 Council finds the proposed zoning map amendment to annex the property into the City of Meridian with the R-15 zoning district with the proposed preliminary plat is consistent with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; The Council finds the proposed zoning map amendment and the request for the development complies with the regulations outlined in the requested R-15 zoning district and is consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The Council finds the proposed zoning map amendment will not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The Council finds the proposed zoning map amendment would not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. The Council finds the annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in general compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.). (See Section VIII for more information). 5. The development will not be detrimental to the public health, safety or general welfare; and, The Council is not aware of any health, safety, or environmental problems associated with the platting of this property. 6. The development preserves significant natural, scenic or historic features. The Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. E IDIAN �-- IDAHO AGENDA ITEM ITEM TOPIC: License Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian for Fivemile Pathway and Bridge Crossing of Ninemile Creek DATE: 25 May 2023 TO: Sawtooth Law Offices, PLLC FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT License, Easement, Project and/or Crossing Agreement(s) Approved on 17 May 2023 Project/Pathway Agreement 23 pages The City of Meridian Nine Mile Drain Instrument#2023-029089 ADA COUNTY RECORDER Trent Tripple 2023.029089 BOISE IDAHO Pgs=23 BONNIE OBERBILLIG 05/22/2023 09:28 AM NAMPA MERIDIAN IRRIGATION DIST NO FEE IIIIIIIIII III IIIIIIIilllllll IIIIIIIIIIIII I IIIIIII 01256278202300290890230233 PROJECT/PATHWAY AGREEMENT This PROJECT/PATHWAY AGREEMENT, made and entered into this ,n day of 2023, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first party,hereinafter referred to as the"District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho, 33 East Broadway Avenue,Meridian, Idaho 83642 party or parties of the second part,hereinafter referred to as the"City," WITNESSETH: WHEREAS,the parties hereto entered into a Master Agreement entered into March 18, 2014 and recorded as Instrument No. 114029168 in the records of Ada County, Idaho, hereinafter referred to as the"Master Agreement;"and, WHEREAS,the District and the City intended by entering the Master Agreement to establish a process for the City's submission of encroachment proposals and the District's consideration of such proposals and to provide the general conditions for the District's approval and permission of encroachment proposals affecting the District's ditches,property,operations and maintenance; and, WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19, 2000,recorded as Instrument No. 100102999, records of Ada County, Idaho, hereinafter referred to as the"Master Pathway Agreement; and WHEREAS,the District grants to the City the right develop pathways to encroach within the District's easements along and across the District's ditches, canals and easements therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of an agreement for each proposed crossing and encroachment; and WHEREAS,the City is the owner of the real property/right of way(burdened with the easement of the District hereinafter mentioned) particularly described in the"Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS,the District controls the irrigation/drainage ditches or canals known as the PROJECT/PATHWAY AGREEMENT Page 1 of 6 FIVE MILE DRAIN AND NINE MILE DRAIN(hereinafter collectively referred to as "ditch or drain")together with the real property and/or easement to convey irrigation and drainage water, to operate and maintain the ditch or drain, and which crosses and intersects said described real property of the City as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS,the City seeks permission to: 1) construct and install a pedestrian bridge across and over the Nine Mile Drain to accommodate the installation of the proposed pedestrian pathway over said bridge and within the District's easement; and 2)to construct and install a 10' wide asphalt pedestrian pathway for approximately 3,063 feet from the intersection of the Five Mile Drain and Nine Mile Drain, along the easement of the Five Mile Drain to its proposed end just past the southern boundary of Quartet Subdivision, and within the District's easements for the Nine Mile Drain and Five Mile Drain, under the terms and conditions of said Master Agreement and Master Pathway Agreement and those hereinafter set forth, NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth and those set forth in said Master Agreement and Master Pathway Agreement,the parties hereto agree as follows: 1. City may: a) 1) construct and install a pedestrian bridge across and over the Nine Mile Drain to accommodate the installation of the proposed pedestrian pathway over said bridge and within the District's easement; and b) to construct and install a 10' wide asphalt pedestrian pathway for approximately 3,063 feet from the intersection of the Five Mile Drain and Nine Mile Drain and extending to the northwest along the easement of the Five Mile Drain to its proposed end just past the southern boundary of Quartet Subdivision, and within the District's easements for the Nine Mile Drain and Five Mile Drain, located in Meridian, Ada County, Idaho as shown in the attached project plans stated as Exhibit B-1. 2. Any construction of the bridge and/or pathway shall be performed in accordance with the project plans shown in Exhibit B-1 and the"Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The parties hereto incorporate in and make part of this Project/Pathway Agreement all the covenants, conditions, and agreements of said Master Agreement and Master Pathway Agreement unchanged except as the result of the provisions of this Project/Pathway Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with, all of the lands of the City described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. END OF TERMS - SEE FOLLOWING PAGES FOR SIGNATURES PROJECT/PATHWAY AGREEMENT Page 2 of 6 IN WITNESS WHEREOF,the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. NAMPA &MERIDIAN IRRIGATION DISTRICT B Y 411 Its President ATTEST: Its Sec tart' THE CITY OF MERIDIAN By Its ayor R ert Siren n 4-25-2023 ATTEST: o�Qo�SED-AUGVsr,,� U ? lily of IDIAN Ci lerk C Johnson 5- IDAHO SEAL Ct �ROhhe TRE,P`'� PROJECT/PATHWAY AGREEMENT Page 3 of 6 STATE OF IDAHO ) ) ss: County of Canyon ) On this n day of� l 2023,before me,the undersigned, a Notary Public in and for said State,personally appeared Will Patterson and Michael Comeskey,known to me to be the President and Secretary,respectively,of NAMPA&MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ••••�•••ua•b•*# .• •. �N...N;�.pA'•',., Cell., •�yOTARY, Notary Public for �p Residing at Momw, oAUeL1G,h My Commission Expires: �i1 9 +33 tr'•.�No.201'�i'�� �''•q OF ���•• STATE OF IDAHO ) 11811411181111*0 ss: County of Ada ) On this 25th day of April ,2023,before me, the undersigned, a Notary Public in and for said State,personally appeared Robert E. Simison and Chris Johnson lmown to me to be the Mayor and City Clerk ,respectively, of The CITY OF MERIDIAN,the entity that executed the foregoing instrument and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the day and year in this certificate first above written. Notary Public for Idaho CHARLENE WAY Residing at Meridian, Idaho COMMISSION NO. 6730 My Commission Expires: 3-28-2028 NOTARY PMIC STATE OF IDAHO PROJECT/PATHWAY AGREEMENT Page 4 of 6 EXHIBIT A Leal Descrip ion The City's has an easement/right of way for the pathway which is described in Exhibit A- 1 attached hereto and by this reference incorporated herein. EXHIBIT B Crossing Location See Exhibit B-1 attached hereto. EXHIBIT C Special Conditions a. Construction authorized by this Project/Pathway Agreement shall be in accordance with Exhibit B-1, attached hereto and by this reference made a part hereof. The construction of the pathway includes a two foot (2')wide gravel shoulder on each side of the pathway with a 3:1 slope to existing grade and the existing trees along said pathway will be trimmed and/or removed as needed. b. City shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineers may inspect and approve the construction. C. City shall be responsible for repair and maintenance associated with the bridge constructed in the Nine Mile Drain by the City pursuant to this Project/Pathway Agreement, including rehabilitation or replacement of the bridge. Maintenance and repairs shall include,but not be limited to, all repairs necessary to preserve the structural integrity of the ditch or drain and its banks and unobstructed flow of water through such portion of the ditch or drain and prevent the loss of water from such portion of the ditch or drain. If the City shall fail in any respect to properly maintain and repair such portion of the ditch or drain, then the District, at its option, and without impairing or in anyway affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the City agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the City prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by the City or any third party against the District for failure to exercise the options stated in this paragraph, and the City shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the City's obligation to maintain and repair the ditch or canal as provided in this paragraph except for claims arising solely out of the negligence or fault of the District. d. The permitted hours of use of the pathway shall be from one half hour before sunrise and one-half hour after sunset. e. City acknowledges that the District's easement for the ditch or drain includes a PROJECT/PATHWAY AGREEMENT Page 5 of 6 sufficient area of land to convey irrigation and drainage water, to operate, clean,maintain and repair the ditch or drain, and to access the ditch or drain for those purposes, and that, in the location of the City's project,NMID claims a minimum easement dimension for the Five Mile Drain and Nine Mile Drain of 100 feet, 50 feet to either side of the centerline. f. Construction authorized by this Project/Pathway Agreement shall be completed within one year of the date of this Project/Pathway Agreement. Time is of the essence. g. The duration of the permission granted by this Project/Pathway Agreement shall be in perpetuity, for the life and maintenance of the encroachments including construction, operation,maintenance,repair and reconstruction. END OF SPECIAL CONDITIONS PROJECT/PATHWAY AGREEMENT Page 6 of 6 T•O ENGINEERS Project No.:210495 Ada County Tax ID.: SO434234020 Date: December 27, 2022 Page: 1 of 1 PARCEL No. 1 PERMANENT EASEMENT A portion of that parcel of land, located in the SE1/4 of the NW1/4, of Section 34, Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the west One-Quarter Corner of said Section 34,from which the Center Section Corner of said Section 34, bears S.89°16'22"E., 2641.39 feet; thence,along the south line of the NW1/4 of said Section 34, A) S.89016'22"E., 1442.33 feet to the POINT OF BEGINNING;thence, leaving said south line, 1) N.42000'46"W., 73.48 feet;thence, 2) N.47059'14"E., 14.00 feet;thence, 3) S.42°00'46"E., 86.42 feet to the south line of the SE1/4 of the NW1/4 of said Section 34;thence,along said south line, 4) N.89°16'22"W., 19.06 feet to the POINT OF BEGINNING. The above-described permanent easement CONTAINS 1,119 square feet(0.03 acres), more or less. \pNp1 LA VD S �\o E H Sfa GpGer a� >2/�s/zoz2 0 17825 A. �1+�R�wOF� . QO 1 2471 S.Titanium Place I Meridian,In 83642 1 P:208.323.2288(to•engineers.com Exhibit A-1, page 1 � § 0 3 k / � k / ' k § OOZ u / § LU CS � uj � � � G / ISomoqT § a 2o ƒ it2 22 a CO W J � _e � 13 p \ / ■ � � § & r- b2 ' ? \ 42 § / / 3 $ ) � ( 50 2w | w o �§ k 2 � a < � B @ « / I 2 kJ y � 2 / W o a � 9 § UO2 N 2 � � � z wo 6 / § Lu 0 " N � � m � G § w � ƒ 2 a 6� \ @ § ( � ® � LU / XzLL- � � � a � LU • o I ) \ k z § � \ � \ % � �/ § w « R « § z ■ § § 0 9 �� sq § ' w � f �/z 7 � k a. $ RIa - 0 \ w m � / � � z $ &LL X. - ao § /k § I00 m r 2L ® ( j I `o�. - k ¢ '00 § § # q ■ nd � > � � / § % 0 / l USU- % Tt § § ztm06F ) � � 00q Exhibit AA, page 2 4 T-O ENGINEERS Project No.: 210495 Ada County Tax ID.:SO434314900 Date: December 27, 2022 Page: 1 of 2 PARCEL No. 2 PERMANENT EASEMENT A portion of that parcel of land, located in the NE1/4 of the SW1/4, of Section 34,Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the west One-Quarter Corner of said Section 34,from which the Center Section Corner of said Section 34, bears S.89°16'22"E., 2641.39 feet; thence, along the North line of the SW1/4 of said Section 34, A) S.89016'22"E., 1442.33 feet to the POINT OF BEGINNING; thence,continuing along said north line, 1) S.89°16'22"E., 19.06 feet; thence leaving said north line, 2) S.42"00'46"E., 141.48 feet; thence, 3) S.40003'57"E., 792.98 feet to the beginning of a tangent curve; thence, 4) Southeasterly along said curve to the right, having a radius of 307.00 feet, an arc length of 159.75 feet,through a central angle of 29°48'51", of which the long chord bears 5.25°09'32"E., 157.95 feet to a point of tangency; thence, 5) S.10015'06"E., 350.72 feet to the beginning of a tangent curve; thence, 6) Southeasterly along said curve to the left, having a radius of 213.00 feet, an arc length of 253.15 feet,through a central angle of 68°05'42", of which the long chord bears 5.44°17'57"E., 238.51 feet to a point of tangency; thence, 7) S.78°20'48"E., 205.44 feet; thence, 8) S.89c'12'48"E., 59.53 feet to the east line of the SW1/4 of said Section 34; thence,along said east line, 9) S.00°44'04"W., 14.00 feet; thence, leaving said east line, 1 2471 S.Titanium Place I Meridian,ID 83642 1 P:208.323.2288 1 to-engineers.com Exhibit A-1, page 3 JUSJ T-O ENGINEERS 10) N.89012'48"W., 60.88 feet; thence, 11) N.78020'48"W.,206.77 feet to the beginning of a tangent curve; thence, 12) Northwesterly along said curve to the right, having a radius of 227.00 feet, an arc length of 269.78 feet, through a central angle of 68°05'42", of which the long chord bears N.44"17'57"W., 254.19 feet to a point of tangency;thence, 13) N.10"15'06"W., 350.72 feet to the beginning of a tangent curve; thence, 14) Northwesterly along said curve to the left, having a radius of 293.00 feet, an arc length of 152.46 feet, through a central angle of 29"48'51", of which the long chord bears N.25°09'32"W., 150.75 feet to a point of tangency;thence, 15) N.40003'57"W.,792.74 feet; thence, 16) N.42"00'46"W., 154.18 feet to the POINT OF BEGINNING. The above-described permanent easement CONTAINS 27,655 square feet(0.63 acres), more or less. *pL a k0 SG 4� \,\CENSt ava/�vWe 1782 '_° / ra of 0� o�` DREW 0 Q 2 2471 S.Titanium Place I Meridian,ID 83642 1 P:208.323.2288 1 to-engineers.com Exhibit A-1, page 4 uj W EXHIBIT SKETCH LOCATED IN A PORTION OF THE NE1/4 OF THE SW1/4 SECTION 34, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO 0x> 2022 S POB BASIS OF BEARINGS S34 ui 33 569'16'22"E 2641.39' 34 1442. 33' — — — 1180.00' — — — • 4 C 1!4 \ C1/4 CORNER OF o W1/4 CORNER \ \\ SO434314900 SECTION 34 \ USA(BUREAU OF CP&F INST. NO. �9 OF SECTION 34 \ \ \ RECLAMATION 2017-034261 CP&F INST. NO. \ \� \ ) z 2019-055469ui \ \ F \ kn- \ \ , LL Lu w LINE TABLE \ \ jGG LINE BEARING DISTANCE „ G I z L1 N42'00'46"W 154.18' L2 N4003'57"W 792.74' PERMANENT oL3 N10'15'06"W 350.72' \ \ EA ENT uj L4 N78'20'48"W 206.77' \ X \ L5 S89'12'48"E 60.88' \ \ \ \ L6 S00'44'04"W 14.00' \ LL°a L7 SB9'12'48"E 59.53' \tint i 1 F LL 1 LB S78'20'48"E 205.44' �i 1 L L9 S10'15'O6"E 350.72' } j L10 S40'03'57"E 792.98' t l 0 o L11 S42-00-46"E 141.48' a 1-, 1 p w- CURVE TABLE o � CURVE RADIUS LENGTH I DELTA BEARING CHORD i ul C8 293.00' 152.46' 29'48'51" N25'09'32"W 150.75' 1 x R C9 227.00' 269.78' 68'05'42" N44'17'57"W 254.19' l W1 o C10 213.00 253.15' 68'05'42" S44'17'57"E 238.51' = Cl 1 \ ,o L` 20+00a 07.00' 159.75' 2948'S1" S25'09'32"E 157.95'Ifff _ 8', L7 L— LAND _L �� CENSfp y �z�z�zozz �o z � 17825 2449 4-PATHWAY RHIBMdero DEC2022 210495 9yo'f OF/•� QoA T-O ENGINEERS W R£W M o' 100, 200' 400' 2471 S.TITANIUM PLACE MERIDIAN, IDAHO 83642 PHONE:(208)323-2288 WWW.TO-ENGINEERS.COM Exhibit A-1, page 5 re T-O ENGINEERS Exhibit A Project No.:210495 Ada County Tax ID.: SO434438600 Date: December 27, 2022 Page: 1 of 2 PARCEL No.3 PERMANENT EASEMENT A portion of that parcel of land, located in the SW1/4 of the SE1/4, of Section 34,Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho,being more particularly described as follows: COMMENCING at the Center Section Corner of said Section 34, from which the South One-Quarter Corner of said Section 34, bears S.00°44'04"W., 2636.02 feet;thence, along the west line of the SE1/4 of said Section 34, A) S.00044'04"W., 1398.23 feet to the POINT OF BEGINNING; thence, leaving said west line, 1) S.89012'48"E.,456.36 feet to the beginning of a tangent curve;thence, 2) Southeasterly along said curve to the right, having a radius of 257.00 feet, an arc length of 166.25 feet,through a central angle of 37003'52",of which the long chord bears S.70°40'52"E., 163.37 feet to a point of tangency; thence, 3) S.52°08'56"E., 132.53 feet to the beginning of a tangent curve;thence, 4) Southeasterly along said curve to the left, having a radius of 93.00 feet, an arc length of 54.34 feet,through a central angle of 33°28'37", of which the long chord bears 5.68°53'15"E.,53.57 feet to a point of non-tangency; thence, 5) S.00°43'12"W., 14.02 feet to the-beginning of a non-tangent curve;thence, 6) Northwesterly along said curve to the right, having a radius of 107.00 feet, an arc length of 63.41 feet,through a central angle of 33°57'20", of which the long chord bears N.69°07'36"W., 62.49 feet to a point of tangency;thence, 7) N.52008'56"W., 132.53 feet to the beginning of a tangent curve;thence, 8) Northwesterly along said curve to the left, having a radius of 243.00 feet,an arc length of 157.20 feet,through a central angle of 37°03'52",of which the long chord bears N.70°40'52"W., 154.47 feet to a point of tangency;thence, 1 2471 S.Titanium Place Meridian,0 83642 1 P:208.323.2288 1 to-engineers.com Exhibit A-1, page 6 T-O ENGINEERS 9) N.89012'48"W.,456.35 feet to the west line of the SE1/4 of said Section 34; thence,along said west line, 10) N.00044'04"E., 14.00 feet to the POINT OF BEGINNING. The above-described permanent easement CONTAINS 11,331 square feet (0.26 acres), more or less. `CNN%- LA pp s �\c E N SED 12�2�2022 0 17825 £W M Q 2 2471 S.Titanium Place I Meridian,ID 836421 P:208.323.2288 I to-engineers.com Exhibit A-1, page 7 O m 2 'n N 0 U N S W W W y ' III Z w d co CL LLo ¢w / op, ' �} Z 3Q g 2w� / N Zo cd OU. LU Z i / a W / o ° D I / a U O cal c3 co w U 1I Q Z N iM 0 0Lo a CO us Q I I w cn M �n U '� co r- w w u- W zm CD '� Lo Lo n V 02 I � y V z a M n�, ,now LL i 7 O N I I I (M� D 00 co Z � _J m o � N N Z Z o f fnmN as } N N J s s s s = �N I I MQQ 0° Q N o m 2 ~ W I I J J J �j w In N O O to 0 0 , I I � QO w V) M M n Z W XZW I I = 9 W WOO O � I I co o a " z � "Co a o o 0 4 o Z I I V- rl N a m uni o a It I I W m N N z Ua I c � z m w co I I U U U U U o I Irn 0 I I N I AbM-�O-1HJIii tY O F- r N39HO 3lIW3NIN w z Z a o I I LU JNIISNA IX O U j ° °R- w OUZ �n "s I I "' CO CO 0 o I I I S O U W M�.. r I ,�z 8s� ,00'* sc sza _ o cy o °tiyo w U ff I 'ZO'929Z M.*O,*ti.00S v y N 0 I SJNINV39�0 SISd9 M w \00 0 ~ 3 w W � z (� O Z � N O z zc") F- N a OA ' O O Z R U � � 9 did 8 r W a_ 0 � Q U � U N Exhibit A-1, page 8 t T■O ENGINEERS Project No.:210495 Ada County Tax ID.: S0434449610 Date: December 27, 2022 Page: 1 of 2 PARCEL No.4 PERMANENT EASEMENT A portion of that parcel of land, located in the SW1/4 of the SE1/4, of Section 34,Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the Center Section Corner of said Section 34, from which the South One-Quarter Corner of said Section 34, bears S.00°44'04"W., 2636.02 feet;thence,along the west line of the SE1/4 of said Section 34, A) S.00044'04"W., 1596.52 feet;thence, leaving said west line, B) 5.89°15'55"E., 767.12 feet to the southwesterly Ninemile Creek right-of-way; thence along said right of way C) N.00°43'12"E., 33.15 feet to the POINT OF BEGINNING; thence, continuing along said southwesterly right-of-way, 1) N.00043'12"E., 14.02 feet to the beginning of a non-tangent curve; thence, leaving said southwesterly right-of-way, 2) Southeasterly along said curve to the left, having a radius of 93.00 feet, an arc length of 6.19 feet,through a central angle of 3°48'50",of which the long chord bears 5.87°31'58"E., 6.19 feet to a point of tangency;thence, 3) 5.89026'23"E., 59.36 feet to the beginning of a tangent curve;thence, 4) Northeasterly along said curve to the left, having a radius of 673.00 feet, an arc length of 131.87 feet, through a central angle of 11°13'36", of which the long chord bears N.84°56'49"E., 131.66 feet to a point of non-tangency;thence, 5) S.10018'19"E., 2.01 feet to the beginning of a non-tangent curve; thence, 6) Southwesterly along said curve to the left, having a radius of 140.69 feet,an arc length of 73.80 feet,through a central angle of 30°03'19", of which the long chord bears S.61016'10"W., 72.96 feet to a point of non-tangency, on the north 1 2471 S.Titanium Place I Meridian, ID 83642 1 P:208.323.2288 1 to-engineers.com Exhibit A-1, page 9 T-O ENGINEERS line of Lot 4, Block 2 of McNelis Subdivision, Instrument No. 108035323; thence, along said north line, 7) S.81007'36"W., 1.20 feet to the beginning of a non-tangent curve;thence, leaving said north line, 8) Northwesterly along said curve to the left,having a radius of 23.00 feet,an arc length of 26.71 feet,through a central angle of 66°32'09", of which the long chord bears N.59153'50"W., 25.23 feet to a point of reverse curvature;thence, 9) Northwesterly along said curve to the right, having a radius of 687.00 feet,an arc length of 44.67 feet, through a central angle of 3043'31", of which the long chord bears S.88141'51"W.,44.66 feet to a point of tangency; thence, 10) N.89026'23"W., 59.36 feet to the beginning of a tangent curve; thence, 11) Northwesterly along said curve to the right, having a radius of 107.00 feet,an arc length of 6.23 feet, through a central angle of 3°20'07",of which the long chord bears N.87146'20"W., 6.23 feet to the POINT OF BEGINNING. The above-described permanent easement CONTAINS 2,659 square feet(0.06 acres), more or less. \L E N fQ�G'P`c^ a �1/as/zoz2 0 17825 yR� 0 oQo F W N► 2 2471 S.Titanium Place I Meridian, ID 83642 1 P:208.323.2288 1 to-engineers.com Exhibit A-1, page 10 G W H m C) m''AA 0 `� Q o Q N 7R Cr y 0�, COO a W W �' p O ti 60 z N = � � � W LUNc� z 00 0� Z V w W \ Q JJ O N �d 1 0 00 � 3W co 1 ° co Z LL� `- � N [r ON r r- W A 0 55co Q Z h w ❑ W Z 1• O ❑ pOp , N Oz aw¢ a �� Z 25 O t- 50 1 v O w W U Z U Q � ` Z ❑ � v ❑ W z U O ~1 ti N M N Cf�i O1 tz Z O Q N N r Q Q tD !7 cU CD 2 a)Q� � ry� _ M-W ❑ � WW �� 02 �c6 0 UN lf) Lo d N LC a Y iiaN CD C7 m CD V) [nmN �Q � z z N z ~ c - W F N ZM J = 0 2 (n 1 m n e Q, Of t0 c o CO ~ y W 1` 1.N Q H O M a W 9 1 .0 H -) O M N M 17 a O 2 0 , W 1 W M O g = x Z W z iV O M in to M M `o Lu LLI 0 C Q o o N , 1 1 � Z En - a s 0 J U Z N O 000 COD <n p a = Q W 3 a W c0 N ^ M c0 O W a z ~ Z N M VI ❑ Z Z Q M Q O O t�0 O W 1 Y 1� r O IM tf J m p O @ W Q w O (*Do N OMi z U = z N LU z W F O O m W p N i7 M F=W 0 > M in tp CD O N m Lii J Z Z_ N N N N N N F D.' N N N N M Pr) W D L) U V U U U u�i o 0 CY) lWL co Do Z ~ N 1' z Lu o N 4 ¢ j N = L O I U g y LL _ 1 .S ITT z O OZl 3„Z l,£ti.00N Z / z 1-co N / m I DMZ OOZc� / I / a SIN ZO_ 1= ti UHLL9 �I^ � F- ervotsr i) OUZA W rWa UW OD o �I� ,- e z UcnUN co � m °� o (n � ILL d co O U P c $ m U ZO.9£9Z M„ 101".005 SONIMV38=10 SISVIS c Exhibit A-1,page 11 NMOO U. kVAAHIVd 211W 9AU 0 :MO=l SONMVIdO WuonHIGNOD fL Z ho m r 4 Mm 0 !tit PSI I I N 4 Z! t:LW5Lj CL LLJ LL� 0 > 17, il L v W11 F 15 111PIR, FIRR H. Is big I Ili HIM x jig WIN FINI H 1111 043 ill H y H Eli 1 3; i I Exhibit D-1, page 1 .v `r 00'OO+tl1f1S-00'00+0'd1S1110A1f1311S AVMHIVd 31IW 3AIJ �q M en,,.nwn�uw HAIR ° N :80:1 SONLAAM3 NOuonIUSN00 •: d Gtl99N10N7 O.1� �`i S I 1� All— Nil E A I i Y � irnio-uw I I I i ! I ,ter W lIl. I{ In.wlr.v.i � i 1 I 6' II I I ¢ 1 eFI I I 1 I G L I I 1 Ir_ ,w1 pi � li i i � i " ' 4i i • �, P Iry r I 1 y l I � i I I 1 i Re II F l 1 'P'(1' -"I 1'i` -I i I I T wean g t t � �,•.I r l ull {JIIIt[56lj I I 1 1 I I I I I I I i l l I I \ ' u 0.F1 rli,� II I I 11 1 jl I I I I I I \ 117e '' i I I i I I I I I 1 I I II I I I i l I I I I 1 I I I W +!1 I II 1 1 11 1 f i 1 1 44 Ii I'IAI r ; I 1 p I I I I C 3 a n 1,L � Au! IIb, yg II:,I IT 1 �1 __,_ _ � I zz g$ a � e �• 11 �R F II 1 1 ♦E I '1 i (lfJ,•1 I 1 1 I { t I I I t L C '` '• "r 1 I 1lli ! 1 1 I I 1 1 I • � 111I� � IYiI I t ! I I ! ! I 1 I r I II IIII I I I I I I I I �.r��k>.• I eeg tryi � F � I I 1 I I 4 I I I I I I I I 'I Nj� ! li E y I I I i t I I "5y t SF ! 1 •�N Y;�° t O ^O O^ IY$a= 11 1 I I I 1 = I I I I I 11111 I I Q It - r •I� I�1 I ! I I I I I I � 1 �r-�� l 1-j 1 I 1 I I I I I q iiy' \_\, _ I I I I ! 1 I 11�w 11 I 1 9°°IYB 1�`�� e3 ieR I • I� ! I i oli i i, Y i i i i i i i i E .a A ID ®LYINOLdA171Y15 SY S7A3JpNd 61 d0 N01551Ye!•dd H31LtlM'JlIp3dB,MNLM B1N31YIdJfill Np}N3W WISN$bi!d0 NOLL�/JIlWOWiI°351131'N0117Iq°tld3tl ANtl�Y33e0N3 trlq A1M�yd�Il YI1N31YItl18M eoLL'61f3#gN36a ROe Exhibit D-1, page 2 00'00+zzvis•00.00+L 4'V1S 1f10AVl 31(S AVMHlbd N3321O 31IW 3f11d P 'a0j SEJNiMVUO NOuonN1SN00 �F W 1 I I l l i 91 i 1�7+a q �8a6yy � � 5�2 i 1 i i I 1 I11 I o w g Hill i � I w I I I 1 1 rmi I l l i l I I I VI°i I II 1 1pi i I i i gg \d Ilk•�Tt ` - 1 i t 1 f I l i I I 1 I I I 1 i I i i I I I 1 1 1 I I I I 1 I I ` y�`\ \ 4 4 I I I I I I���.�•lY I I \\\ 1 I I 1 I ,lu g H II I OI �■■ 1 1 11 I I I - 1 I 1 -�_ 61 555"'4 ,Ip 1 I 1 I I I 1�j 'i(•-� 1 I resew I I 1 ;� y�,+. 4/ I 1 I I I I /l 1 9 i t I G I _ • 1 I I I I I I nnn6 6 i I =� b)7�•�� +/'[ I I I 1 ��I j I pl I .-� 1 I � z i4}14IF I I I 1 1 //Cana I I I I I I I 1 1 I I a Y ;3 ./ W17 I . aw ti� i%/ 1:�1 I I I I I I ; 1 __..��•._ � I bum /�Y'pppp..I r' •/ � 1 I I I � III 11 "sn FF ae _- / I I OO O O I 1 1 1 1 mm.mru.nrearll I i 1` 1 I I I I I I I I I f I I I I f - I I I I I I l t l I I I i I I I I 1 1 I oulelNoad avxdts sn easalurob o-i n Nolssaolad rlauluM x�na3ds uloluvnslti�Iw eo�rvneus slu aorlourxncory aoasnau'xau�lloovaaa ulr�sv�luolr3 o-iiouaa3.eoda slu slix3vlruusw vlli Baaa+rola o-i cclH„ Exhibit D-1,page 3 (IO'(10+ 'tl1S 00'00+ZZ V1S 1f10Abl 311SLL Fm LL ANMHIVd FIN 3AW 1u O a itlaaT11gN7 o•t :NOd SE)NIAAV80 NOuonVISNOO a!t +•\\\ \\\l [ ii i i ! i I I i u \ • /�, I I 1 I I I I 1 rr I I i l l 1 r I I I Ip S w��I ■t� ` I i ( I I j , I- 1 1 I I 1 e i � yS[ � �? � \ i13j i� I I •'I¢Iwl 1 1 1 I I I I 1 O O+ OO \\\' J •I[F�� 5�6 C �I �I 11 I I I I '�I 1 I 1 I I I I � I 1 i �� F Ic 11 11 1 I I I I ,.•\ i�'p�. , 1{ t i 11 1 I f i l l �F I I I I I I I I r \\ I%Nr✓II 1 _ ,- I I I I j I I I I �I 1 �p��E , I I I I I III 'll;i•`,- _ { .r` I I I 1 1 I Inl I I I [ I�° I I I C I I \`•°\ 'Izll qi�I 1=�`. � -- I I I-I I L��_I I ;'�� 1 1 I I I I waaw:I _ � F�j,�y,._�•;d'lln[NIN •�- I � t I I I I I 1 j•� rm � 19 Uzi �A\\\���\\�. •1 '�\ �j -___ I 1 , I 1 1 1 1 I , i � I 8 \\\\\����/•� /�/Yczi I I I i l l I I � I I I I b 5 P.t i 5 1 1 I s�3ps l ���� � �•�j I I I l l I 1 1 I � ))) •)y I l i I I I 1 1 I \\\; �I T'' 1 � �I • 1I I l i I I ,I I I 1 1 'T;-I�wv, ! �•IB. f l I `9_ I I I l i ;1 I I I I II`I I+yyAl 77 I 11 y��- I I I e F I I, I I I A,�i; i 1 1 1 I I I lCCS I I, I r dl I 1 I I I I I r l I, l i '1 y I I t I I I I I I II1I�� I I j z �II P A 11 I I !I I I I I gl�lll ��/ cI 1 I � I I I I II I I i t , i 1 II I I I Sd• 1 � 1 '1'l lu: 1 1 1 � 11 iu IT ff3L0IxOM1 ALpRLS=11w3311JN3b1 i0NpI5SINlOdr.Y„Ilrn]I!Y}YS111OXlIMe1x3W0]cL W JWgIOW SM i0 N VDIlIWW LD 9Sn3d NML'MgOLd3tl AN'/'Mc I!M 6110utflaptd BILL♦b ugnrwksrbflxl'stl3lNIOf971 Exhibit D-1, page 4 CR� _ ® e ��m• •�•� l ASHS-STV130 39C)IM8 its g AVMH1Vd 31IW 3AIJ ���'s" itl]9NION9 p l ;�10:1 SE)NIM"Cl NOIlondiSN00 E �y ' !in •I ! 7 1 I ! s i L3 �iEE sFE �1 E 9 1 9 i —� ` e 0 k � I m •. I wl LI i c i it x•�i ==l uf I R+ f` r-� i i �il 4 I �_t 1 x� i WissHOtld 11L'IR116 SI Stl3iNI�Y1 P1W NOC3V(tl3d Nd1.IRlM1l7Wg3ds JlWIWMSW3W00 SL tlO1N3NIiLLSM GI!!0 NOIIPJIdI00i1 NO3Sfl3tl'MOLL�fI00YdA1.UY'SYd341'Jfe P1 i0 A1tl3dOtld 3N1 SILBMSlsNI6N1'stl33h'C11B P1 K0: Exhibit D-1, page 5 2amI«mil % o � f \ _ a_.LVd pwBAI, / § UOZI@NWHON cn2mo - E. ... - :2y ��—• _ _ � d r ! � 155 x � . � � | , �§ k � $ | | ( � . \ �/L � / | ] , � � k| § � Exhibit Oa, page 6 -- - ' E IDIAN:--- AGENDA ITEM ITEM TOPIC: Approval of Design Build AIA Agreement with American Ramp Company, Inc. for the Discovery Park Bike Park for the Not-To-Exceed Amount of$821,500.00 (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Manager Meeting Date: April 17, 2023 Presenter: Consent Estimated Time: N/A Topic: Approval of Design Build AIA Agreement with American Ramp Company, Inc. for the Discovery Park Bike Park for the Not-To-Exceed Amount of$821,500.00. Recommended Council Action: Approval of Design Build AIA Agreement with American Ramp Company, Inc. for the Discovery Park Biek Park for the Not-To-Exceed Amount of$821,500.00. Background: This agreement is the final result of negotiations with American Ramp Company, Inc. and City Procurement, Legal and Parks staff. Document A141® - 2014 Exhibit A Design-Build Amendment This Design-Build Amendment("Amendment"),dated this day of ,.in the year 2023,shall supersede and fully replace Exhibit A to that certain AIA Document A141Tm 2014,Standard Form of Agreement Between Owner and Design-Builder dated the 26th day of July in the year 2022(the"Agreement"). ADDITIONS AND DELETIONS: (In words, indicate day, month and year.) The author of this document has added information needed for its completion.The author may also for the following PROJECT: have revised the text of the original (Name and location or address) AIA standard form.An Additions and Deletions Report that notes added Discovery Park Phase Il information as well as revisions to the Bike Pump Track Design-Build standard form text is available from the author and should be reviewed.A THE OWNER: vertical line in the left margin of this (Name, legal status and address) document indicates where the author has added necessary information City of Meridian and where the author has added to or Department of Parks and Recreation deleted from the original AIA text. 33 E. Broadway Ave. This document has important legal Meridian,Idaho 83642 consequences.Consultation with an THE DESIGN-BUILDER: attorney is encouraged with respect to its completion or modification. (Name, legal status and address) Consultation with an attorney is also American Ramp Company,Inc. encouraged with respect to 601 McKinley Ave. professional licensing requirements Joplin, MO 64801 in the jurisdiction where the Project is located. The Owner and Design-Builder hereby amend the Agreement as follows. TABLE OF ARTICLES A.1 CONTRACT SUM A.2 CONTRACT TIME A.3 INFORMATION UPON WHICH AMENDMENT IS BASED A.4 DESIGN-BUILDER'S PERSONNEL,CONTRACTORS AND SUPPLIERS A.5 COST OF THE WORK ARTICLE A.1 CONTRACT SUM § A.1.1 The Owner shall pay the Design-Builder the Contract Sum in current funds for the Design-Builder's performance of the Contract after the execution of this Amendment.The Contract Sum shall be one of the following,which includes compensation the Owner paid the Design-Builder for Work performed prior to execution of this Amendment: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section A.1.2 below Init. AIA Document A141—2014 Exhibit A.Copyright©2004 and 2014.All rights reserved.'The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 10:20:22 ET 1 on 04/19/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance t with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com, User Notes: (1164979048) [ ] Cost of the Work plus the Design-Builder's Fee, in accordance with Section A.1.3 below [ ] Cost of the Work plus the Design-Builder's Fee with a Guaranteed Maximum Price,in accordance with Section A.1.4 below (Based on the selection above, complete Section A.1.2,A.1.3 or A.1.4 below.) § A.1.2 Stipulated Sum § A.1.2.1 The Stipulated Sum shall be Eight Hundred Twenty-One Thousand Five Hundred Dollars($821,500.00), subject to authorized adjustments as provided in the Design-Build Documents.The Stipulated Sum shall include all payments made by the Owner to the Design-Builder prior to the execution of this Amendment. § A.1.2.2 The Stipulated Sum is based upon the following alternates,if any,which are described in the Design-Build Documents and are hereby accepted by the Owner:As set forth in"Exhibit A—Attachment 1","Exhibit A—Attachment 2",and"Exhibit A—Attachment 3",which are attached hereto and incorporated herein. (Slate the numbers or other identification of accepted alternates. If the Owner is permitted to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the change in Stipulated Sum for each and the deadline by which the alternate must be accepted.) § A.1.2.3 Unit prices,if any:As set forth in "Exhibit A—Attachment 1", "Exhibit A—Attachment 2",and "Exhibit A—Attachment 3",which are attached hereto and incorporated herein. (Identify item, state the unit price, and state any applicable quantity limitations.) Item Units and Limitations Price per Unit($0.00) § A.1.3 Cost of the Work Plus Design-Builder's Fee--Section A.1.3 and related subsections not applicable. § A.1.3.1 The Cost of the Work is as defined in Article A.5,Cost of the Work. § A.1.3.2 The Design-Builder's Fee: (State a lump sum,percentage of Cost of the Work or other provision for determining the Design-Builder's Fee, and the method for adjustment to the Fee for changes in the Work.) 1 § A.1.4 Cost of the Work Plus Design-Builder's Fee With a Guaranteed Maximum Price--Section A.1.4 and related subsections not applicable. § A.1.4.1 The Cost of the Work is as defined in Article A.5,Cost of the Work. § A.1.4.2 The Design-Builder's Fee: (State a lump sum,percentage of Cost of the Work or other provision for determining the Design-Builder's Fee and the method for adjustment to the Fee for changes in the Work.) § A.1.4.3 Guaranteed Maximum Price § A.1.4.3.1 The sum of the Cost of the Work and the Design-Builder's Fee is guaranteed by the Design-Builder not to exceed ($ ),subject to additions and deductions for changes in the Work as provided in the Design-Build Documents. Costs that would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Design-Builder without reimbursement by the Owner. (Insert specific provisions if the Design-Builder is to participate in any savings.) Init. AIA Document A141—2014 Exhibit A.Copyright©2004 and 2014.All rights reserved_"The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 10:20:22 ET 2 on 04/19/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance 1 with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1164979048) § A.1.4.3.2 Itemized Statement of the Guaranteed Maximum Price Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories,allowances, contingencies,alternates,the Design-Builder's Fee,and other items that comprise the Guaranteed Maximum Price. (Provide information below or reference an attachment,) § A.1.4.3.3 The Guaranteed Maximum Price is based on the following alternates,if any,which are described in the Design-Build Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the Owner is permitted to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the change in the Cost of the Work and Guaranteed Maximum Price for each and the deadline by which the alternate must be accepted.) § A.1.4.3.4 Unit Prices,if any: (Identify item, state the unit price, and state any applicable quantity limitations.) Item Units and Limitations Price per Unit($0.00) § A.1.4.3.5 Assumptions,if any,on which the Guaranteed Maximum Price is based: § A.1.5 Payments § A.1.5.1 Progress Payments § A.1.5.1.1 Based upon Applications for Payment submitted to the Owner by the Design-Builder,the Owner shall make progress payments on account of the Contract Sum to the Design-Builder as provided below and elsewhere in the Design-Build Documents. § A.1.5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. § A.1.5.1.3 Owner's Payment Terms are Net 30 from the date the Owner receives a complete and correct invoice. § A.1.5.1.4 Reserved. § A.1.5.1.5 With each Application for Payment where the Contract Sum is based upon a Stipulated Sum or Cost of the Work with a Guaranteed Maximum Price,the Design-Builder shall submit the most recent schedule of values in accordance with the Design-Build Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.Compensation for design services,if any,shall be shown separately.Where the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price,the Design-Builder's Fee shall be shown separately.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require.This schedule of values,unless objected to by the Owner,shall be used as a basis for reviewing the Design-Builder's Applications for Payment. § A.1.5.1.6 In taking action on the Design-Builder's Applications for Payment,the Owner shall be entitled to rely on the accuracy and completeness of the information furnished by the Design-Builder and shall not be deemed to have made a detailed examination,audit or arithmetic verification of the documentation submitted in accordance with Sections A.1.5.1.4 or A.1.5.1.5,or other supporting data;to have made exhaustive or continuous on-site inspections;or to have made examinations to ascertain how or for what purposes the Design-Builder has used amounts previously paid. Such examinations,audits and verifications,if required by the Owner,will be performed by the Owner's auditors acting in the sole interest of the Owner. Init. AIA Document A141—2014 Exhibit A.Copyright©2004 and 2014,All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"A IA Contract Documents'are registered trademarks of The American Institute of Architects.This document was produced at 10:20:22 ET 3 on 04/19/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance t with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1164979048) § A.1.5.1.7 Except with the Owner's prior approval,the Design-Builder shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § A.1.5.2 Progress Payments—Stipulated Sum § A.1.5.2.1 Applications for Payment where the Contract Sum is based upon a Stipulated Sum shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § A.1.5.2.2 Subject to other provisions of the Design-Build Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of five percent(5 %)on the Work.Pending final determination of cost to the Owner of Changes in the Work,amounts not in dispute shall be included as provided in Section 6.3.9 of the Agreement; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of five percent(5%); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any,the Owner has withheld or nullified,as provided in Section 9.5 of the Agreement. § A.1.5.2.3 The progress payment amount determined in accordance with Section A.1.5.2.2 shall be further modified under the following circumstances: .1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the Owner shall determine for incomplete Work, retainage applicable to such work and unsettled claims;and (Section 9.8.6 of the Agreement discusses release of applicable retainage upon Substantial Completion of Work.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Design-Builder,any additional amounts payable in accordance with Section 9.10.3 of the Agreement. § A.1.5.2.4 Reduction or limitation of retainage,if any,shall be as follows:Not applicable. (ff it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfrom the percentages inserted in Sections A.1.5.2.2.1 and A.1.5.2.2,2 above, and this is not explained elsewhere in the Design-Build Documents, insert provisions here for such reduction or limitation.) § A.1.5.3 Progress Payments—Cost of the Work Plus a Fee--Section A.1.5.3 and related subsections not applicable. § A.1.5.3.1 Where the Contract Sum is based upon the Cost of the Work plus a fee without a Guaranteed Maximum Price,Applications for Payment shall show the Cost of the Work actually incurred by the Design-Builder through the end of the period covered by the Application for Payment and for which Design-Builder has made or intends to make actual payment prior to the next Application for Payment. § A.1.5.3.2 Subject to other provisions of the Design-Build Documents,the amount of each progress payment shall be computed as follows: .1 Take the Cost of the Work as described in Article A.5 of this Amendment; .2 Add the Design-Builder's Fee,less retainage of percent( %).The Design-Builder's Fee shall be computed upon the Cost of the Work described in the preceding Section A.1.5.3.2.1 at the rate stated in Section A.1.3.2;or if the Design-Builder's Fee is stated as a fixed sum in that Section,an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work in that Section bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract retainage of percent( %) from that portion of the Work that the Design-Builder self-performs; .4 Subtract the aggregate of previous payments made by the Owner; Init. AIA Document A141—2014 Exhibit A Copyright©2004 and 2014.All rights reserved."The American Institute of Architects,""American Institute of Architects," "A A,"the A Logo,and"A IA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 1020:22 ET 4 on 04/19/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in ai=rdance t with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com, User Notes: (1164979048) .5 Subtract the shortfall,if any,indicated by the Design-Builder in the documentation required by Section A.1.5.1.4 or resulting from errors subsequently discovered by the Owner's auditors in such documentation;and .6 Subtract amounts,if any,for which the Owner has withheld or withdrawn a Certificate of Payment as provided in the Section 9.5 of the Agreement. § A.1.5.3.3 The Owner and Design-Builder shall agree upon(1)a mutually acceptable procedure for review and approval of payments to the Architect,Consultants,and Contractors and(2)the percentage of retainage held on agreements with the Architect,Consultants,and Contractors,and the Design-Builder shall execute agreements in accordance with those terms. § A.1.5.4 Progress Payments—Cost of the Work Plus a Fee with a Guaranteed Maximum Price--Section A.1.5.4 and related subsections not applicable. § A.1.5.4.1 Applications for Payment where the Contract Sum is based upon the Cost of the Work Plus a Fee with a Guaranteed Maximum Price shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.The percentage of completion shall be the lesser of(1)the percentage of that portion of the Work which has actually been completed;or(2)the percentage obtained by dividing(a)the expense that has actually been incurred by the Design-Builder on account of that portion of the Work for which the Design-Builder has made or intends to make actual payment prior to the next Application for Payment by(b)the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § A.1.5.4.2 Subject to other provisions of the Design-Build Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values.Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 6.3.9 of the Agreement. .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work,or if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing; .3 Add the Design-Builder's Fee,less retainage of percent( %).The Design-Builder's Fee shall be computed upon the Cost of the Work at the rate stated in Section A.1.4.2 or,if the Design-Builder's Fee is stated as a fixed sum in that Section,shall bean amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of percent( %)from that portion of the Work that the Design-Builder self-performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall,if any,indicated by the Design-Builder in the documentation required by Section A.1.5.1.4 to substantiate prior Applications for Payment,or resulting from errors subsequently discovered by the Owner's auditors in such documentation;and .7 Subtract amounts,if any,for which the Owner has withheld or nullified a payment as provided in Section 9.5 of the Agreement. § A.1.5.4.3 The Owner and Design-Builder shall agree upon(1)a mutually acceptable procedure for review and approval of payments to the Architect,Consultants,and Contractors and(2)the percentage of retainage held on agreements with the Architect,Consultants,and Contractors;and the Design-Builder shall execute agreements in accordance with those terms. § A.1.5.5 Final Payment § A.1.5.5.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Design-Builder not later than 30 days after the Design-Builder has fully performed the Contract and the requirements of Section 9.10 of the Agreement have been satisfied,except for the Design-Builder's responsibility to correct non-conforming Work discovered after final payment or to satisfy other requirements,if any,which extend beyond final payment. Init.. AIA Document A141—2014 Exhibit A.Copyright©2004 and 2014.All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks of The American Institute of Architects_This document was produced at 10:20:22 ET 5 on 04/19/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance I with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts_com. User Notes: (1164979048) § A.1.5.5.2 If the Contract Sum is based on the Cost of the Work,the Owner's auditors will review and report in writing on the Design-Builder's final accounting within 30 days after the Design-Builder delivers the final accounting to the Owner.Based upon the Cost of the Work the Owner's auditors report to be substantiated by the Design-Builder's final accounting,and provided the other conditions of Section 9.10 of the Agreement have been met, the Owner will,within seven days after receipt of the written report of the Owner's auditors,either issue a final Certificate for Payment,or notify the Design-Builder in writing of the reasons for withholding a certificate as provided in Section 9.5.1 of the Agreement. ARTICLE A.2 CONTRACT TIME § A.2.1 Contract Time,as defined in the Agreement at Section 1.4.13,is the period of time, including authorized adjustments,for Substantial Completion of the Work. § A.2.2 The Design-Builder shall achieve Substantial Completion of the Work not later than One Hundred Twenty 120)days from the date of this Amendment,or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work) Not Applicable Portion of Work Substantial Completion Date subject to adjustments of the Contract Time as provided in the Design-Build Documents. (Insert provisions, if any,for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work) As specified in the Agreement. ARTICLE A.3 INFORMATION UPON WHICH AMENDMENT IS BASED § A.3.1 The Contract Sum and Contract Time set forth in this Amendment are based on the following: § A.3.1.1 The Supplementary and other Conditions of the Contract:Not applicable. Document Title Date Pages § A.3.1.2 The Specifications: (Either list the specifications here or refer to an exhibit attached to this Amendment.) As set forth in "Exhibit A—Attachment l", "Exhibit A—Attachment 2",and"Exhibit A—Attachment 3",which are attached hereto and incorporated herein. Section Title Date Pages § A.3.1.3 The Drawings: (Either list the drawings here or refer to an exhibit attached to this Amendment.) As set forth in"Exhibit A—Attachment 1", "Exhibit A—Attachment 2",and"Exhibit A—Attachment 3",which are attached hereto and incorporated herein. Number Title Date § A.3.1.4 The Sustainability Plan,if any:Not applicable. Init. AIA Document A141—2014 Exhibit A.Copyright©2004 and 2014 All rights reserved "The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects,This document was produced at 10:20:22 ET s on 04/19/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance 1 with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1164979048) (If the Owner identified a Sustainable Objective in the Owner's Criteria, identify the document or documents that comprise the Sustainability Plan by title, date and number ofpages, and include other identifying information. The Sustainability Plan identifies and describes the Sustainable Objective; the targeted Sustainable Measures; implementation strategies selected to achieve the Sustainable Measures;the Owner's and Design-Builder's roles and responsibilities associated with achieving the Sustainable Measures;the specific details about design reviews, testing or metrics to verify achievement of each Sustainable Measure; and the Sustainability Documentation required for the Project, as those terms are defined in Exhibit C to the Agreement.) Title Date Pages Other identifying information: § A.3.1.5 Allowances and Contingencies:Not applicable. (Identify any agreed upon allowances and contingencies, including a statement of their basis.) .1 Allowances .2 Contingencies § A.3.1.6 Design-Builder's assumptions and clarifications: As set forth in"Exhibit A—Attachment 1", "Exhibit A—Attachment 2",and"Exhibit A—Attachment 3",which are attached hereto and incorporated herein. § A.3.1.7 Deviations from the Owner's Criteria as adjusted by a Modification:Not applicable. § A.3.1.8 To the extent the Design-Builder shall be required to submit any additional Submittals to the Owner for J review,indicate any such submissions below:Not applicable. ARTICLE A.4 DESIGN-BUILDER'S PERSONNEL, CONTRACTORS AND SUPPLIERS § A.4.1 The Design-Builder's key personnel are identified below: (Identify name, title and contact information,) .1 Superintendent Jesse Braden,Onsite Superintendent American Ramp Company,Inc. 601 McKinley Ave. Joplin,MO 64801 .2 Project Manager Josh Quade,Project Manager American Ramp Company,Inc. 601 McKinley Ave. Init. AIA Document A141—2014 Exhibit A.Copyright®2004 and 2014-All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 10*20.22 ET 7 on 04/19/2023 under Order No_2114402301 which expires on 01124/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance 1 with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts_com. User Notes: (1164979048) I Joplin,MO 64801 .3 Others § A.4.2 The Design-Builder shall retain the following Consultants,Contractors and suppliers, identified below:Not applicable. (List name, discipline, address and other information.) ARTICLE A.5 COST OF THE WORK § A.5.1 Cost To Be Reimbursed as Part of the Contract § A.5.1.1 Labor Costs § A.5.1.1.1 Wages of construction workers directly employed by the Design-Builder to perform the construction of the Work at the site or,with the Owner's prior approval,at off-site workshops. § A.5.1.1.2 With the Owner's prior approval,wages or salaries of the Design-Builder's supervisory and administrative personnel when stationed at the site. (If it is intended that the wages or salaries of certain personnel stationed at the Design-Builder's principal or other offices shall be included in the Cost of the Work, identify below the personnel to be included, whether for all or only part of their time, and the rates at which their time will be charged to the Work.) Person Included Status(full-timelpart-time) Rate($0.00) Rate(unit of time) Not applicable. § A.5.1.1.3 Wages and salaries of the Design-Builder's supervisory or administrative personnel engaged at factories, workshops or on the road,in expediting the production or transportation of materials or equipment required for the Work,but only for that portion of their time required for the Work. § A.5.1.1.4 Costs paid or incurred by the Design-Builder for taxes,insurance,contributions,assessments and benefits required by law or collective bargaining agreements and,for personnel not covered by such agreements,customary benefits such as sick leave,medical and health benefits, holidays,vacations and pensions,provided such costs are based on wages and salaries included in the Cost of the Work under Section A.5.1.1. § A.5.1.1.5 Bonuses,profit sharing,incentive compensation and any other discretionary payments paid to anyone hired by the Design-Builder or paid to the Architect or any Consultant,Contractor or supplier,with the Owner's prior approval. § A.5.1.2 Contract Costs.Payments made by the Design-Builder to the Architect,Consultants,Contractors and suppliers in accordance with the requirements of their subcontracts. § A.5.1.3 Costs of Materials and Equipment Incorporated in the Completed Construction § A.5.1.3.1 Costs,including transportation and storage,of materials and equipment incorporated or to be incorporated in the completed construction. § A.5.1.3.2 Costs of materials described in the preceding Section A.5.1.3.1 in excess of those actually installed to allow for reasonable waste and spoilage.Unused excess materials, if any,shall become the Owner's property at the completion of the Work or,at the Owner's option,shall be sold by the Design-Builder.Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § A.5.1.4 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § A.5.1.4.1 Costs of transportation,storage,installation,maintenance,dismantling and removal of materials,supplies, temporary facilities,machinery,equipment and hand tools not customarily owned by construction workers that are provided by the Design-Builder at the site and fully consumed in the performance of the Work.Costs of materials, supplies,temporary facilities,machinery,equipment and tools that are not fully consumed shall be based on the cost or Init. AIA Document A141—2014 Exhibit A.Copyright©2004 and 2014.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks of The American Institute of Architects.This document was produced at 10:20 22 ET $ on 04/19/2023 under Order No 2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1164979048) value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site.Costs for items not fully consumed by the Design-Builder shall mean fair market value. § A.5.1.4.2 Rental charges for temporary facilities,machinery,equipment and hand tools not customarily owned by construction workers that are provided by the Design-Builder at the site and costs of transportation,installation,minor repairs,dismantling and removal.The total rental cost of any Design-Builder-owned item may not exceed the purchase price of any comparable item.Rates of Design-Builder-owned equipment and quantities of equipment shall be subject to the Owner's prior approval. § A.5.1.4.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § A.5.1.4.4 Costs of document reproductions,electronic communications,postage and parcel delivery charges, dedicated data and communications services,teleconferences,Project websites,extranets and reasonable petty cash expenses of the site office. § A.5.1.4.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location,with the Owner's prior approval. § A,5.1.5 Miscellaneous Costs § A.5.1.5.1 Premiums for that portion of insurance and bonds required by the Design-Build Documents that can be directly attributed to the Contract.With the Owner's prior approval self-insurance for either full or partial amounts of the coverages required by the Design-Build Documents. § A.5.1.5.2 Sales,use or similar taxes imposed by a governmental authority that are related to the Work and for which the Design-Builder is liable. § A.5.1.5.3 Fees and assessments for the building permit and for other permits,licenses and inspections for which the Design-Builder is required by the Design-Build Documents to pay. § A.5.1.5.4 Fees of laboratories for tests required by the Design-Build Documents,except those related to defective or nonconforming Work for which reimbursement is excluded by Section 15.5.3 of the Agreement or by other provisions of the Design-Build Documents,and which do not fall within the scope of Section A.5.1.6.3. § A.5.1.5.5 Reserved. § A.5.1.5.6 With the Owner's prior approval,costs for electronic equipment and software directly related to the Work. § A.5.1.5.7 Deposits lost for causes other than the Design-Builder's negligence or failure to fulfill a specific responsibility in the Design-Build Documents. § A.5.1.5.8 Reserved. § A.5.1.5.9 With the Owner's prior approval,expenses incurred in accordance with the Design-Builder's standard written personnel policy for relocation,and temporary living allowances of,the Design-Builder's personnel required for the Work. § A.5.1.5.10 That portion of the reasonable expenses of the Design-Builder's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § A.5.1.6 Other Costs and Emergencies § A.5.1.6.1 Other costs incurred in the performance of the Work if,and to the extent,approved in advance in writing by the Owner. § A.5.1.6.2 Costs incurred in taking action to prevent threatened damage,injury or loss in case of an emergency affecting the safety of persons and property. Init. AIA Document A141—2014 Exhibit A.Copyright©2004 and 2014.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks of The American Institute of Architects.This document was produced at 1020:22 ET 9 on 04/19/2023 under Order No,2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance 1 with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1164979048) § A.5.1.6.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Design-Builder, Contractors or suppliers,provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Design-Builder and only to the extent that the cost of repair or correction is not recovered by the Design-Builder from insurance,sureties,Contractors,suppliers,or others. § A.5.1.7 Related Party Transactions § A.5.1.7.1 For purposes of Section A.5.1.7,the term "related party" shall mean a parent,subsidiary,affiliate or other entity having common ownership or management with the Design-Builder;any entity in which any stockholder in,or management employee of,the Design-Builder owns any interest in excess of ten percent in the aggregate;or any person or entity which has the right to control the business or affairs of the Design-Builder.The term "related party" includes any member of the immediate family of any person identified above. § A.5.1.7.2 If any of the costs to be reimbursed arise from a transaction between the Design-Builder and a related party, the Design-Builder shal I notify the Owner of the specific nature of the contemplated transaction,including the identity of the related party and the anticipated cost to be incurred,before any such transaction is consummated or cost incurred. If the Owner,after such notification,authorizes the proposed transaction,then the cost incurred shall be included as a cost to be reimbursed,and the Design-Builder shall procure the Work,equipment,goods or service from the related party,as a Contractor,according to the terms of Section A.5.4. If the Owner fails to authorize the transaction,the Design-Builder shall procure the Work,equipment,goods or service from some person or entity other than a related party according to the terms of Section A.5.4. § A.5.2 Costs Not to Be Reimbursed as Part of this Contract The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Design-Builder's personnel stationed at the Design-Builder's principal office or offices other than the site office,except as specifically provided in Section A.5.1.1; .2 Expenses of the Design-Builder's principal office and offices other than the site office; .3 Overhead and general expenses,except as may be expressly included in Section A.5.1; .4 The Design-Builder's capital expenses, including interest on the Design-Builder's capital employed for the Work; .5 Except as provided in Section A.5.1.6.3 of this Agreement,costs due to the negligence or failure of the Design-Builder,Contractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Section A.5.1;and .7 Costs,other than costs included in Change Orders approved by the Owner,that would cause the Guaranteed Maximum Price to be exceeded. § A.5.3 Discounts, Rebates, and Refunds § A.5.3.1 Cash discounts obtained on payments made by the Design-Builder shall accrue to the Owner if(1)before making the payment,the Design-Builder included them in an Application for Payment and received payment from the Owner,or(2)the Owner has deposited funds with the Design-Builder with which to make payments;otherwise,cash discounts shall accrue to the Design-Builder.Trade discounts,rebates,refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner,and the Design-Builder shall make provisions so that they can be obtained. § A.5.3.2 Amounts that accrue to the Owner in accordance with Section A.5.3.1 shall be credited to the Owner as a deduction from the Cost of the Work. § A.5.4 Other Agreements § A.5.4.1 When the Design-Builder has provided a Guaranteed Maximum Price,and a specific bidder(1)is recommended to the Owner by the Design-Builder;(2)is qualified to perform that portion of the Work;and(3)has submitted a bid that conforms to the requirements ofthe Design-Build Documents without reservations or exceptions,but the Owner requires that another bid be accepted,then the Design-Builder may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Design-Builder and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. Init. AIA Document A141—2014 Exhibit A.Copyright©2004 and 2014.All rights reserved "The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks of The American Institute of Architects.This document was produced at 10:20:22 ET 10 on 04/19/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1164979048) §A.5.4.2 Agreements between the Design-Builder and Contractors shall conform to the applicable payment provisions of the Design-Build Documents,and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner.If an agreement between the Design Builder and a Contractor is awarded on a cost plus a fee basis,the Design-Builder shall provide in the agreement for the Owner to receive the same audit rights with regard to the Cost of the Work performed by the Contractor as the Owner receives with regard to the Design-Builder in Section A.5.5, below. §A.5.4.3 The agreements between the Design-Builder and Architect and other Consultants identified in the Agreement shall be in writing.These agreements shall be promptly provided to the Owner upon the Owner's written request. § A.5.5 Accounting Records The Design-Builder shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under the Contract and to substantiate all costs incurred.The accounting and control systems shall be satisfactory to the Owner.The Owner and the Owner's auditors shall,during regular business hours and upon reasonable notice,be afforded access to,and shall be permitted to audit and copy,the Design-Builder's records and accounts,including complete documentation supporting accounting entries,books,correspondence,instructions,drawings,receipts,subcontracts,Contractor's proposals,purchase orders,vouchers,memoranda and other data relating to the Contract.The Design-Builder shall preserve these records for a period of three years after final payment,or for such longer period as may be required by law. § A.5.6 Relationship of the Parties The Design-Builder accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to exercise the Design-Builder's skill and judgment in furthering the interests of the Owner;to furnish efficient construction administration,management services and supervision;to furnish at all times an adequate supply of workers and materials;and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. This Amendment to the Agreement entered into as of the day and year first written above. OWNER(Signature) TIE li_ rgnnttr►>uJ Robert E. Simison,Mayor 4-25-2023 John Hunter,Vice President (Printed name and title) (Printed name and title) Attest: Chris Johnson, City Clerk 4-25-2023 Init. AIA Document A141—2014 Exhibit A.Copyright©2004 and 2014,All rights reserved,"The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 10:20 22 ET on 04/19/2023 under Order No,2114402301 which expires on 01/24/2024,is not for resale,is licensed For one-time use only,and may only be Used in accordance t with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (1164979048) Additions and Deletions Report for AIA°Document A1410— 2014 Exhibit A This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text Added text is shown underlined Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 10:20:22 ET on 04/19/2023 PAGE 1 This AffieWmen!is i neeirpemted iHie the- ny+lrg-Dcsign-B ild Amendment("Amendment"),dated this day of in the year 2023,shall supersede and fully replace Exhibit A to that certain AIA Document A141TN-2014,Standard Form of Agreement Between Owner and Design-Builder dated the 26th day of July in the year(the"Agvenre�E y2022�the"A.gr .cement" Discovery Park Phase II Bike Pump Track Design-Build City of Meridian Department of Parks and Iteci ation 33 E.Broadway Ave. Meridian.Idaho 83642 American Ramp Company,Inc. 601 McKinley Ave. Joplin,MO 64801 § AAA The Owner shall pay the Design-Builder the Contract Sum in current funds for the Design-Builder's performance of the Contract after the execution of this Amendment.The Contract Sum shall be one of the rellewing and_shall not include following,which includes compensation the Owner paid the Design-Builder for Work performed prior to execution of this Amendment: [ X ] Stipulated Sum,in accordance with Section A.1.2 below PAGE 2 § A.1.2.1 The Stipulated Sum shall be light Ilundred'I'wenty-One'rhousand Five Hundred Dollars($821.500.00), subject to authorized adjustments as provided in the Design-Build Documents.The Stipulated Sum shall include all Mayments made by the Owner to the Design-Builder prior to the execution of this Amendment. Additions and Deletions Report for AIA Document A141—2014 Exhibit A.Copyright©2004 and 2014-All rights reserved "The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This t document was produced at 10:20:22 ET on 04/19/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1164979048) § A.1.2.2 The Stipulated Sum is based upon the following alternates,if any,which are described in the Design-Build Documents and are hereby accepted by the Owner:As set forth in"Exhibit A—Attachment I","Exhibit A-Attachment. 2",and"Exhibit A—Attachment 3",which are attached hereto and incorporated herein. § A.1.2.3 Unit prices, if any:As set forth in"E.xhibit A—Attachment I"."Exhibit A—Attachment 2",grid"Exhibit A—Attach men t 3" which are attached hereto and inca ara(ed herein. § A.1.3 Cost of the Work Plus Design-Builder's Fee_Section-A.1;_3_and related subsections not applicable. § A.1.4 Cost of the Work Plus Design-Builder's Fee With a Guaranteed Maximum Price--Section A.1.4 and related subsections_ not appUcabl_e. PAGE 3 § A.1.5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the me^,h,aF a 5 r411,i►v month. § A.1.5.1.3 Provided,hat,,., A pp!icaden l6r.Pa,..,,o e: rec,•,.0pr o,la,..t.I ha Ehe a., er,i,,..,. ,ti the Owner shall make Pay .r.w....., .:>: a.. oulit ko ih e rl....11 ., Buil.1.,. not 1,.,.,» tha.. _(- _)days„Remo the ONAWIF re OeiVeS the a pp1i,a!i an F,,,_Pay menr': .,:...,.,.._.4 a-ge OF-h.,wd W...... ;11V lli,,."': _.PqfWfff69Uwner`s PaymcnL Terms are Net 3U from the date the Owner receives a complete and correct invoice. § A.1.5.1.4 W,fli eh A ppI-eat ari r..» ment w h _r1_. . ..:,h.,I,....L. . f-tfracnsci�r�ciistz-irryl[ ,..h disbursellieR .-.,Tread,•»...ice 4..,,ho[la.-7.,r._TL.:f.lo,-....n nt al',he C ..�i Payments Hildel`�leSS(2)th— rRen is aari h H;Hb!e to the [�R'[Z k� ice"-.s�� A �jea4ii Pesign Bvi Pe+1 a Ares ,r ex-k-w Payfaeot- eserve PAGE 4 1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of five percent(5 %)on the Work.Pending final determination of cost to the Owner of Changes in the Work,amounts not in dispute shall be included as provided in Section 6.3.9 of the Agreement; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of five percent(5 § A.1.5.2.4 Reduction or limitation of retainage,if any,shall be as follows: loot aplica� Additions and Deletions Report for AIA Document A141—2014 Exhibit A.Copyright©2004 and 2014>.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was 2 produced at 10:20:22 ET on 04/19/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts cam User Notes: (1164979048) § A.1.5.3 Progress Payments—Cost of the Work Plus a Fee--Section A.1.5.3 and related subsections not applicable. PAGE 5 § A.1.5.4 Progress Payments—Cost of the Work Plus a Fee with a Guaranteed Maximum Price--Section A.1.5.4 and related subsections not applicable. PAGE 6 § A.2.2 The Design-Builder shall achieve Substantial Completion of the Work not later than One HUndred'l%Ycniv 120)days from the date of this Amendment,or as follows: Not Applicable As V,ccitied in the Agreement, § A.3.1.1 The Supplementary and other Conditions of the Contract:Not applicable, As set forth in "Exhibit A—Attachment 1","Exhibit A--Attachment 2".and"Exhibit A—Attachment 3".which are attached hereto and incorporated herein. As set forth in "Exhibit A—Attachment 1","Exhibit A—Attachment 2",and"Exhibit A—Attachment 3",which are attached hereto and incorporated herein. § A.3.1.4 The Sustainability Plan, if any:Not-applicable� PAGE 7 § A.3.1.5 Allowances and Contingencies:Not applicable. As set forth in"Exhibit A—Attachment I_", Exhibit A—Attachment.2",and"Exhibit A—Attachment 3.",which are attached hereto and incorporated herein. § A.3.1.7 Deviations from the Owner's Criteria as adjusted by a Modification:Not mlicable. § A.3.1.8 To the extent the Design-Builder shall be required to submit any additional Submittals to the Owner for review,indicate any such submissions below:Not applicable. Jesse Braden,Onsite'Superintendent American Ramp Company,Inc. 601 McKinley Ave. Additions and Deletions Report for AIA Document A141—2014 Exhibit A.Copyright 0 2004 and 2014>.All rights reserved.'The American Institute of Architects,.. "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was 3 produced at 10:20:22 ET on 0411 9/2 0 2 3 under Order No.2114402301 which expires on 01124/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents"Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1164979048) 1011n.MO 64801 Josh Ouade.Pro'CCL Manager American Ramp Company,Inc. 601 McKinley Ave. Joplin,M❑64801 PAGE 8 § A.4.2 The Design-Builder shall retain the following Consultants,Contractors and suppliers, identified below:Not applicable. Not applicable. PAGE 9 A.5.1.6.5 Royalties and licesse fk­.Paid f6r!he Use Ora partie4al-design,preeess,or produok required by4he DesignBuil'i Dvl. �... �s , r.�.r m r„r r» r Of patent Awamsue k FNorms-[he e'riciir�rcr�l3��iF?f�-:$kH�s ILy rr Desip ,.:ram ulti g". - ..r,suils or AIROF14 ..:ri,the ri.,,...,,•: 11 e vveN e F.4 Heh.Sir;.,C 1.,.,..I de1:,nses,j.dg nts and.eW ern en ,h F"or be: ..1...1..,!:.,rt,., �...�., ..r.r... Design crrcuvraacu-o3+ thp--opon(W.,r.,... ,.,s.,pop..r 9-PI:.i., 7 1 1] '7 Ow Affee ri+ Ps.),, of r4ie rl.,..:.,..-[L.i f.a 17..,,,..,..,.,r.. theii they_shall not to: .hided in the Cos ol'the Wark,Reseryed. § A.5.1.5.8 x wlri Id,legal,mediation an .: Design n..:l.er .pasianably i .. _d w.._the Design Build ,k.,s ..r: . ..rat,., n.,,..,.,,,,e d4n--" perfornianee e f the W arle:Reserved. PAGE 11 Robert[..5imison Mayor John €Iunter.Vice President Additions and Deletions Report for AIA Document A141-2014 Exhibit A.Copyright 02004 and 2014> All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was 4 produced at 10:20:22 ET on 04/1 912 0 2 3 under Order No 2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1164979048) Certification of Documents Authenticity AIA®Document D401 TM - 2003 I,City of Meridian,hereby certify,to the best of my knowledge, information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 10:20:22 ET on 04/19/2023 under Order No.2114402301 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A141TM—2014 Exhibit A, Design-Build Amendment,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401—2003.Copyright©1992 and 2003 All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at t0:20:22 ET on 04/19/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1164979048) ExhibitA—Attachment 1 FINAL QUOTE FOR WORK Discovery Bike Park and Pump Track— 100%Construction Drawings FINAL QUOTE FOR WORK Di--,cnvpry Bike Park and Pump Track 100% Construction Documents 2023-03-27-FINAL QUOTE-Based on Final Construction Documents Current Date: 27-Mar-23 PRICE DESCRIPTION OF WORK/MATERIALS UNITS QUANTITY PER UNIT TOTAL SITE PREPARATION (Alpine) Surveying and staking LS 1 $ 5,000.00 $ 5,000.00 (Alpine) SWPPP Measures LS 1 $ 11,677.22 $ 11,677.22 (Alpine) Construction entrance EA 1 $ 5,254.75 $ 5,254.75 (Alpine) Cut and Stockpile for Fill Material LS 4,000 $ 6.00 $ 24,000.00 (Alpine) Import Aggregate Base Rock CY 260 $ 19.50 $ 5,070.00 (Alpine) Compaction CY 5,000 $ 5.25 $ 26,250.00 Subtotal $77,251.97 SITE PREPARATION,CONCRETE,FLATWORK,AND ASPHALT PAVING (Alpine) jAsphalt Plaza All Works SF 1 1,200 $ 7.00 $ 8,400.00 Subtotal $8,400.00 SITE DRAINAGE (Alpine) 8-in PVC LF 1 72 $ 186.85 $ 13,453.20 (Alpine) JASTM C-33 Filter Sand CY 60 $ 25.69 $ 1,541.40 Subtotal $14,994.60 FLOW TRAIL SITE DESIGN AND CONSTRUCTION (Alpine) lGreen Trail Build LS 1 $ 70,440.27 $ 70,440.27 (Alpine) IBlue Trail Build With Black Alternative Line LS 1 $ 140,880.53 $ 140,880.53 Subtotal $211,320.80 ASPHALT PUMP TRACK CONSTRUCTION (ARC) lCombined Main/Beginner Pump Track Build LS 1 $ 70,440.27 $ 327,537.26 (ARC) jPump Track Wall Ride LS 1 $ 15,600.00 $ 15,600.00 Subtotal $343,137.26 LANDSCAPE (Alpine) Soil amendments(Bucket-mix compost into existing topsoil) CY 120 $ 165.82 $ 19,898.40 (Alpine) Park Finish Grading SF 80,000 $ 0.47 $ 37,600.00 (Alpine) River cobble 9 drainage facilities(6-in depth) CY 60 $ 33.86 $ 2,031.60 Subtotal $59,530.00 IRRIGATION (Alpine) Install Sleeves for Irrigation lines I EA 1 1 $ 1,680.00 $ 1,680.00 (Alpine) Install Temporary Water Line for Construction and Convert to Perd EA 1 1 $ 3,275.00 $ 3,275.00 Subtotal $4,955.00 WORK BY OTHERS Pipe for irrigation sleeving in pump track(ARC will install pipe) By Others By Others 300 CY of soil for pump track landscaping By Others By Others Curb&Gutter Removal By Others By Others Signage&pavement markings By Others By Others Bike repair station By Others By Others Connection to Main Line By Others By Others PRV and Other Associated Works By Others By Others Irrigation install as per plans By Others By Others Trees:Planting Pit,Soil,Amendments&Irrigation By Others By Others Shrubs:Planting Pit,Soil,Amendments&Irrigation By Others By Others Drought Tolerant Seed Mix(hydroseed) By Others By Others 6"Vertical Curb&Gutter By Others By Others Pedestrian Ramp By Others By Others Risk Management and Directional Signage By Others By Others Entry Signage By Others By Others Picnic Table By Others By Others Subtotal Construction Subtotal: $719,589.63 SOFT COSTS Trucking Fuel Surcharge LS 1 $ 4,392.64 $ 4,392.64 Payment/Performance Bonds LS 1 $ 14,862.74 $ 14,862.74 Contingency(Alpine) LS 1 $ 11,154.99 $ 11,154.99 Not to Exceed Construction Costs $750,000.00 EXCLUSIONS All Scope outside CD Plans and as Shown Above 1 of 1 Exhibit A—Attachment 2 Discovery Bike Park City of Meridian Parks and Recreation Construction Drawings a o� City of Meridian Parks&Recreation =a CD Discovery Bike Park 2121 E Lake Hazel Road, Meridian, ID 83642 Engineeh General Coretraation Notes: Earlhwrt Moth: City d meridian Stanaak W., Project C.M.U: P—PTmak Fl-Trail Be0.: Besign-Bailaer Besipn ilaer C'vil Engin Wtlsaage RrMiteat: T.Wnity map: L------- O �re _ =.emR.re�m�re.,arere�� ro �w..a�.reh,�=,..>m..re�a.�re....re.re,�.... ... ..` •llt ca rereare.a�..mre,..orerere..�o 6v s w..re.=F..,.,��, .w..�. .,_.• �re� _ .� .re.��rea�re.rea.�re.,v.�re.. .rere��.a,a.....,. Y Sneer Md.., m LU c, cm a cnr m meridian gG code S—YC�oMeml N�-re��s�.��re�re«��.re�. Uigline,Inc. can eeroe vo1o,! Gug 811 88288.Sa2.1585 aRregy �vvm 1Ir u.e an nerm 1 phco.00 a Bike Trail&Related Infrastructure Notes IO WZO �m..pX—t:,.., C O O Y O C �C y �Y d O d W C Y O m a W o e �� y A- ors "i C0.10 Sheet NM— —� S.RECREAMN AWE �.�n Lu=C >r- o -- ----- ----------- ----- = cm �� y �. .Ts . ■ 1 ♦ t� o • r F — �� ♦1♦�♦ ��., 40 W \ \ '♦�rrrrr..�� fit: F ti k` \ W�. —r ifif t L Existing Conditions&Demolition Plan �C1.00e S.RECREATION AVE ..�. m m ..m®� Lu ZO o I I III h _ SWPPP/ESC Legsntl: ............. .,. _......_........ c o.m�.mm. ss �� ::::::�::.;:::::. ::�::•::� � ,w.mh.di«.minE.wwm wmww�ms.,.�w.,imaEs ...::. — • �. :�:� mrn,sa. mnYm.rnPepnr�.s mWmwwremmLLwu.,ue - � .:'::•�'• :• •:::�' muunwxnwwuvnrcmm. umomoeon �. I _.............._. ............ :::::::1 Soil SMbly .. �j- CD l: 5 , \ a a ui CD uj SWPPP Posting Requirements: SWPPP G....1 Nd.., !i ...............w..�......��._w....�..,.. ° r� C1.50 a LLJ cm cm xv - FT Brap Inlet Protection Type III(BMP 19) I n\Stebiliend Construction Entrance(BMP 41) ��,Deep Inlet Protection T YPero�lnlet Pretention Type III(BMP 13) (2De I IBMP 13) Idaho DEQ Final 2022 305E Integrated Report PROJECT LOCATION D Fiber wolf(BMP 35) Fiber wolf Stake Section(BMP 35) �1Coneent,W-1-IBMP 99) •d Y� 1 d LU m�p Waters of the US Map W e h a C1.55 l;I. a c� WZO =.I I—JCm 1 -- --_--- a-- Juun u 1 .. . ... EXISTING DISCOVERY PARK 0 TIT LA J . S Overall Site Plan Sheol Motes S.RECREATION AVE �• e..um�a— W=CD � mill I r'I IVal I III jX. �. ®® c� t El .� ` ::.... 0 — .. ...................... CD IRS CD ca ol 0 eee�„�l _..... >:: :'✓:. :: :I ® meamtrt ewe nnxmul W C 9 \ W @ 4 \ � �l( Site Materials&Layout Plan l;. ���,.. C2.01 a o� W Z O OC H J C7 4-1 PUN VIEW SECTIBXA PUB VIEW SECTION BL6 ��,FNr hell Pathway n �,Boller Betail �,Berm Betail � Mw� ,ems O ��S d.M D*BSPhalt Pavement BB�1 Stq IIIi ��u<- 5J_.a d Y y �Y as W Y � m�p d W e h G f� it i [,1 1;1 C2.50 S.RECREATION AVE 74, Lu 41 Lm Ug..d: .0 22 Fg.k.ftft El�kYll�11 CID ea f rl--� CL ui om CD uj LA ra im ci Site Grading&Drainage Plan C4.00 - _ �� — --•�.._..�—• yes ,o a x»e.W wend =Q pC S.RECREATIONAL AVE ------------ _ __ ♦� .L Fy^� mEj inLE S'OT! OTS a� �....,.......: is. PLANT SCHET h fW ' T CID jV CL ../ Y �i:':::...... F : W D c e y ZI LI Landscape Plan it; ��- L1.00 landscape Itotez Hgara-Seeding hates Fafabliffi.eM 8 Maintenance Xofes: G= WZO SIB xeeid...Tee Planting ...,.. "6 a. ....� ,w.� Soil 1Mena..d xnhs:,as®.� lanas.ape 6 Irrigation Pre ..W— O Boulder Installation 1 gra nag.Swale and aaaj...d landscapes �am �sve xrt .+c..n� ..� e®'awu¢m�mnr®aarururtui.¢. !Q ca a a LU .. ..r•..m,.�.�,.o-.dam.� � !C m a e� 9;l L1.50 IRRIGATION SCHEDULE Seet Molea: Q= S RECREATION AVE mu relmem ® \ : ..xw..ixncR _______—_—— —_ ___ ___- \ \rl CL d LLI _--00 m'O LLI �O \ ca A p Irrigation Plan i L2.00 WON"..Note. Lu TRENCH SECTION (—.lS1EEY1X6 SECIIOM 03xMANU&BRAIN VALVE SUB-MAINLINE ISOLATION VALVE QUICK COUPLER VALVE SPRAY HEAD SMINM R ROTOR SPRINUER REMOTE CONTROL VALVE-LAYOUT ur�,�wms C Eaisting Irrigation Hetentbn •m .m MSTANCE CHMT and Preservation: i Oa d d Lu °mom. 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N N V7 X •� Q W m f0 d [O c� L( OD �49 --EXISTING COLIECTOB ROAD - - - - - - - - - 'IfTLAND =G UP AREA 788 - • I \PAR NG Or ING \�\ AREA 5 557- W l ( cc v J• AREA 3 uu cc AREA 1 1 CO) /}T ) °C a E%LRTNeoRADEBNEA I LU a \ AREA 6 r m 5 93- uU AREA 5 2 G C�Lu 91STING 7 117- \ =O U. O SEEPAGE BED V 91STING GRADE BNP ¢s E%ISTINGCONVEYANCE \ •�g SWALE FLOWLINE Le 0 0 N \ \ EI(ISTNG CONVEYANCE Revisions ^Q SWALEFLOWLINE — 91STING GRADE BREA 1 @@@ \ 91STING BASEBALL FIELD 91STING SEEPAGE BED a \ \ Project Na.: 122129 Date at Issuance: 03.08.2B23 i fig! Drainage Map 0 so' 160, Drainage Map ggpp ` Horizontal Scale: 1"=80' A ■" A 21. 88 II N V £ l0 Q U M y 00 K C G 0 E rn > .� a > a txo O m m 0 Y O m C C M m G O O O) 4 N m J (D W N a�0 e-1 0 N t m a ai v, m w 0 o_ m ai O a o` c u! N N M w LLJ N N G X O v _ M _V W 00 c a Vlal \.� W r.\rr� fn N H m m C w No o O V .N-I w N:O:N:LD:l :c 1,jen "!ppi Vj a. 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F i U c > c w m E p m w y U' c C cp U :; o.'O M m `� •� y N N c4 - O`� 2r CO N W N = -0 0 y Q i c N U) p CU y N U) p w C y� 0)(D y TO-Ow 0 'yet a c v) 0 V Sc-. m p- N p C m 0 m c N T o " O C m p m c N m p O U) U O N a m-O p m 0 i cc m 0 �O U) 00 N N a a > , 0 w N fn U) N CL V a O m c c ° 0' CU N y m N-c >� U) cp m c (Dci m '0 N Nj � m = N S� 10 ccp 00 m m °a 0)c °a a rn m � c ch O 0)a s m m c 'O O w C1 c ° c cot m `) c ca o m Qo rnraw 3 ow.o c QU° coi c R c c = a) E CL 0 ° Off• (D p 0 JCL m ° n '' �; o� U' 3 o c ' -52 E cm a� E y a'fl 0)i c0 _0 oa 0 0 0 0 0 :: (D LON N•m N o N N w m N ccucp a t d N cu U U C' cOp y N c0 c oa a� co � oa m E m m io m�(D E rn ° m ° � � � m ° �' J m o a �' o-,�m�m d om am c c c c fw a N c N� -o L.c a f >%cwp, wm c c c O O N N p N c -o O cO) p c9 O O N N O)CU c0 — j ccu ou u o c0 N t U c0� ° U) p)O U c U) O> o p c ai O t-c O U m O c cO E °- c 0 c X O c ON° m QUcc0 � U p iac c— c N c mN t m aNm—O > t O c0 U) U c U mw2 Y M— U c O O > > a"o.Q�. a u ° m ° yN ° C. 0 s ° X m rn cn U) u) ° o) ° cam O N cF ° o o m N p 0 N yQU) U) Nwcc0 ON � cqo O) 0U)y U (O `c o �Q =p a) . a cO F c a c oOc m m ° n ° Em ' — Qo . me a) E U) oyo � ai m c rn m� t • (p U) m p Q w =y oU .y U� V.E � ��y Q > O � cn O a)c y y F m ° m-° CD ° Om p a c N c O CU ( N° N cN d�+ za°gwc y p � w — 0 � Q yQ cu c0Na d > �yo� Ea) ay °= Ra ° Eop)— � 3m (D O ° tea) a > ca°i° a)° om a) � D p M c V Q N F y" ''c''.� C m O p• m C m O N M >%w, N N a) o U m co c EF o Q .° coca � •�a"� a � a o� � t c ° o m _ c F c Y J N ° E cQEo U=m cu C13JOm(Oc)WoaN y O O!ENE c0 mw CO O • ° a O n O Uwo p a U)iN N N CO N -p U) O -0 � pa N Om a E a) a) a) U mm O oomt O ° "C Q OQ c N � N ap w c ° my-O m m > p.OQ — N 0 a O O o0 m o U N ° CU NmQ _ O y m y E m p N ° N mO O EU) c U) mO G N U U Y m oC5 ca c m m o °trn cD E U o Q cL E v cOo n `°O -p (D O to Mcm p mm ° c N O a) m QW WU-0 U) N UO Q u)am N a) O > � m U) OCL U� rnN $ N E E o m a o c U) ° ° o i cnv E � o c E oamm° _( (D a 2Cm x x cnCLD ° o U) cCEm0L a =p =o N pm Oc: ) O O N� p N N E � tc � m nn°Q ' p �' m > � a)C (D (D (Dc=- a L) oo m 2-0 m ° o CO)U O imw mn mo � Aa°t o F a Q Q / \ LEGEND liw II TP-1 Approximate test pit locations observed by STRATA on between May 11 and June 14,2017 percolation test performed and piezaneter jj installed o% + Just piezorneter installed I I II i p o sand,sandorgrave DD TP-1 RR DLDG ` �, DOi pDO 1 �111111 �288 SF. G�i O I IIIIV —'C2)�ISEX RE 'O 1 VICINITY MAP d s+ O 1 PV off) I O (7.S ----- -- :S) ) O O O ) o # I o OFF LEASH Ao REA p ca 45 0 I`�� +� p0 0 y 00 ® o Phase 2 P-`� 0 ° TP_ w j(52 acresTP_10 J 55 AC ,� 0 0 w - 2.0) N Ilw , o� -12—�----_ (S.S)----- p o 4.0 -0 �I U W — o ox xpm n eMRIA Rn Y o S. y [I 00 O OD �10 ACTIVITY LAWN) ✓ V .o `/ --- 4 --- 0 3,25 AC \'�� _ O �\ L---- ———O n li o / �TF o � ooOBoo � e �------- ------- EXPLORATION LOCATION PLAN \ o s. III 0 J�o 0 0 0 South Meridian Regional Park U 0 0oil + Meridian,Idaho --- III DD (10.0 � ) x x � _ o lzo zao 480 CHALLENGE COURSE T,PLAYGROUND &CLIMBING WALL 10,000 SO FT. _. li SCALE:1 inch=240ft 5,000 SF. RR S VENDING HLDG p S PLAY WATER FEATURE LIMAINTENANCE HLDG Ild FAMILY SF. 10,000 SO FT. (1)UN SE ,MENS I WOMENS (1)FAMILY.LRR (ll UNISEX RR STFR&—r A PROFESSIONAL SERVICES CORPORATION c7 o d MP �I DRAWING GATE:6-29201T DRAWING BY:MAT I CHECKED BY:DB m xrrwm ro xEu vww,zF mE iewxnw.xwiom ix.xE w=ww<.TMmF mmwu xo ixmw*w x..F wom ro uisnw rws ar The land Cr p,Inc. 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WHEREAS, at the City Council meeting on March 21, 2023, City Council President Brad Hoaglun made appointments of elected officials, City staff, and community members to represent the City of Meridian at the meetings of the Community Planning Association of Southwest Idaho ("COMPASS") and its executive board, as set forth in Resolution no. 23-2378; WHEREAS, the Mayor is to serve on the COMPASS board as well as the COMPASS executive board; and WHEREAS, by this resolution, the City Council of the City of Meridian seeks to effectuate and memorialize this appointment and confirm the other appointments to COMPASS; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the appointments made by City Council President Hoaglun to COMPASS and its executive board, as set forth in Exhibit A hereto, are affirmed, and such persons are directed to fulfill the duties of such functions on behalf of the City of Meridian. Section 2. That this Resolution shall supersede and replace Resolution no. 23-2378. Section 3. That this Resolution shall supersede Resolution no. 23-2365 only as to the appointments to COMPASS and its executive board, and Resolution no. 23-2365 shall otherwise remain in full force and effect. Section 4.That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 25t11 day of April, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 25t'day of April, 2023. APPROVED: ATTEST: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION EFFECTUATING COMPASS REPRESENTATIVE APPOINTMENTS PAGE I of 2 EXHIBIT A MERIDIAN CITY REPRESENTATIVES Interagency Board Primary Alternate(s) COMPASS Robert Simison Steve Siddoway Mayor Parks & Recreation Director John Overton Bruce Freckleton City Council Member Community Development Director Charlie Rountree Caleb Hood Community Member Planning Division Manager Bill Nary City Attorney COMPASS Executive Board Robert Simison Bruce Freckleton Mayor Community Development Director Bill Nary City Attorney RESOLUTION EFFECTUATING COMPASS REPRESENTATIVE APPOINTMENTS PAGE 2 of 2 E IDIAN �-- IDAHO AGENDA ITEM ITEM TOPIC: Denim Day Proclamation (I E1�� A The Office of the Mayor PRO CLAJW A ?ION WHEREAS, the United States Government has declared April as "Sexual Assault Awareness Month" and the Women's and Children's Alliance has declared April 26, 2023 as "Denim Day"; and, WHEREAS, both events are intended to draw attention to the fact that rape and sexual assault remains a serious issue in our society; and, WHEREAS, "Sexual Assault Awareness Month" and "Denim Day"were also instituted to call attention to misconceptions and misinformation about rape and sexual assault, and the problem that many in society remain disturbingly uninformed with respect to issues of assault and forcible rape; and, WHEREAS, with proper education on the matter, there is compelling evidence that we can successfully reduce incidents of this alarming and psychologically damaging crime; and, WHEREAS, the City of Meridian is an important partner in the Women's and Children's Alliance's efforts to educate our community about the true impact of rape and sexual assault. THEREFORE, I, Mayor Robert E. Simison, do hereby proclaim April 26th, 2023 as Denim Day for Sexual-Assault Awareness Month in the City of Meridian and encourage all citizens to speak out against sexual assault and support local efforts to provide help and healing to victimsA these crimes. Dated this 25t' day of April, 2023 Robert Si ison, Mayor Brad Hoaglun, City Council President Joe Borton, City Council Vice-President Luke Cavener, City Council r Jessica Perrault, City Council Liz Strader, City Council John Overton, City Council E IDIAN �-- IDAHO AGENDA ITEM ITEM TOPIC: Fiscal Year 2023 Budget Amendment for Lakeview Golf Course Patio Shade Cover for a Not-to-Exceed Amount of$52,485.00 4i14/2023 11:36AM City of Meridian FY2023 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total (�WE IDIAN*-- 01 5390 41200 0 Wages I D A H O 01 5390 41206 0 PT/Seasonal Wages 01 5390 41210 0 Overtime Please only complete the fields 01 5390 41304 0 Uniform Allowance highlighted in Orange. 01 5390 42021 0 FICA $ Amendment Details 01 5390 42022 0 PERSI $ - Title: Lakeview Golf Course Patio Shade 01 5390 42023 0 Worker's Comp $ 'tment Name: Parks and Recreation 01 5390 42025 0 Employee Insurance $ Presenting Department Name: Parks and Recreation Total Personnel Costs $ - Department#: 5390 Operating Expenditures Primary Funding Source: 1 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: 01 5390 93408 0 Patio Cover Low Bid $ 49,986 $ 49,986 Project#: 01 5390 93408 0 5%contingency $ 2,499 $ 2,499 01 5390 0 $ Is this for an Emergency? ❑ Yes ❑� No 01 5390 0 $ New Level of Service? ❑ Yes ❑� No 01 5390 0 $ 01 5390 0 $ - Clerks Office Stamp 01 5390 0 $ 01 1 5390 1 0 $ 01 5390 0 $ 01 5390 0 $ 01 5390 0 $ 01 5390 0 $ 01 5390 0 $ - Date of Council Approval 4-25-2023 Total Operating Expenditures $ 52,485 $ - $ 52,485 Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement _ Date 01 5390 0 ,'&� 4/14/23 Ol 5390 0 01 5390 0 Department Director 01 5390 0 REVIEWED BP 4/14/23 01 5390 0 By Todd Lavoie at 10:09 pm,Apr 16,2023 01 5390 0 Chief Financial Officer Total Capital Outlay $ - Revenue/Donations Approved John Overton 9:30am 4/16/2023 Fund# Dept.# G/L# Proj.# G/L#Description Total CogrrE I Liaison 21 5390 0 C 01 5390 1 1 0 1 4-18-23 01 1 5390 1 1 0 1 Mayor Total Revenue/Donations $ - Total Amendment Request $ 52,485 Total Amendment Cost-Lifetime City of Meridian FY2023 Budget Amendment Form HACopy of FY2023-Budget-Amendment for Lakeview Patio Shade Cover 4/14/2023 1136AM City of Meridian FY2023 Budget Amendment Form Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Parks and Recreation Funding 2023 2024 2025 2026 2027 Title: Lakeview Golf Course Patio Shade Personnel $ - $ $ $ $ ms�rn to,s..hm ffi g B..dget wo e d enss: Operating $ 52,485 $ - $ - $ - $ - ➢Depii[ ,,twill send Amendment with Directors signature to Finance(Budget Malys[)for review Capital $ ➢Finance wlll send Amendment to Countll Llakon f—ignature Total $ - $ 52,485 $ - $ - $ - $ - a conned u—n will send,igned Amendmem to Mayor Total Estimated Project Cost: $ 52,485 ,Mayorwill,end,igne AmendmenttoFinan,e(Budg—aly,t) Evaluation Questions ➢Finance(Budget Analyst)will send approved copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. ➢Depii m—twill add copyofAmendmenttoCouncilAgendausingNovusAgendaManager 1. Describe what is being requested? This budget amendment will fund the installation of approx.1,900 sq.ft of an adjustable vinyl patio cover that was discussed with council.The project was put out to bid.We received two bids that were within$100.00 of each other. 2.Why was this budget request not submitted during the current fiscal year budget cycle? After last summers intense heat it became apparent that the sun on the patio at Lakeview is unbearable for guests. 3. What is the explanation for not submitting this budget request during the next fiscal year budget cycle? This budget amendment will allow us to install the patio cover prior to this summers heat. 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. General Fund. 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? This request aligns with the focus area of the Vibrant and Sustainable Community strategy of Upgrading and improving Lakeview Golf Course to align with our premier park System. 6. Does this request require resources to be provided by other departments?If yes,please describe the necessary resources to be provided by other departments. No 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No No 8.Is the amendment going to result in the disposal of an asset? Yes or No 11Nc 9.Any additional comments? Total Amendment Request $ 52,485 Every effort should be made to avoid reopening the budget for an amendment.Departments will need to provide backup and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget.Changes to the original balanced budget may cause a funding shortfall. City of Meridian FY2023 Budget Amendment Form H:\Copy of FY2023-Budget-Amendment for Lakeview Patio Shade Cover E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 City Council Meeting April 25, 2023 Item #2 & 3: Southridge No. 3 Exhibit Map Zoning 0001)-2023-0015) and Variance (VAR-2023-Vacation (H– Changes to Agenda: None Item #2 & 3: Southridge No. 3 (H-2023-0015 & VAR-2023-0001) Application(s):  Easement Vacation  Variance Size of property, existing zoning, and location: This site consists of 0.177 acres of land, zoned R-8, located at 1938 W. Henrys Fork Drive. History: Development Agreement Instr. #107074204; Pre-Plat PP-06-031; Final Plat H-2016-0133 Comprehensive Plan FLUM Designation: Medium-Density Residential (MDR) Summary of Request: The Applicant requests approval for a variance and to vacate the one-foot wide public utility, drainage and irrigation easement to encroach within 1 foot of the five-foot side yard setback/easement on the east side of Lot 10, Block 8 in Southridge Subdivision No. 3. The reason for the request is due to a staking error which resulted in the home being constructed one-foot within the five-foot side yard setback and PUDI easement. The City approved the structural footing inspection and layout of the building on the lot prior to pouring the foundation. The building received certificate of occupancy in 2021 from the City. The encroachment was discovered when the home was purchased in 2022. Because the home has already been built on the subject property, a remedy to correct the deviation is through the approval of a variance and vacation application. The preferred method to remedy this situation would be to process a property boundary adjustment and still vacate a portion of the PUDI the easement, however, there are existing homes adjacent to this property which makes it impractical to adjust the property lines to establish the correct 5-foot interior side yard setback in the R-8 district. Relinquishment letters were received from Sparklight, Lumen, Idaho Power, and Intermountain Gas Company stating they have no objection to the vacation of the utility easements as proposed Written Testimony: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, Council moves to approve File Numbers H-2023-0015 & VAR-2023- 0001, as presented in the staff report for the hearing date of April 25, 2023: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, Council moves to deny File Number H-2023-0015 & VAR-2023-0001, as presented during the hearing on April 25, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers H-2023-0015 & VAR-2023-0001 to the hearing date of April 25, 2023 for the following reason(s): (You should state specific reason(s) for continuance.) E IDIAN:--- AGENDA ITEM ITEM TOPIC: Public Hearing for Southridge No. 3 (VAR-2023-0001) by Engineering Solutions, LLP., located at 1938 W. Henry's Fork Dr. Application Materials: https://bit.ly/VAR-2023-0001 A. Request: Variance request for a one-foot reduction of the required five-foot interior side setback on the east side of Lot 10, Block 8 in Southridge Subdivision Phase 3, due to a staking error which resulted in the home being constructed one-foot within the five-foot side yard setback on 0.177 acres of land in the R-8 zoning district. PUBLIC HEARING SIGN IN SHEET DATE: April 25, 2023 ITEM # ON AGENDA: 17`/r 3 PROJECT NAME: Southridge No. 3 (VAR-2023-0001)(9—20 2-3 -bW57) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name ; 1 sk�i�` 1l�li,✓k(N 2 t6Z 2 a 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT (� W IDIAN^-- COMMUNITY DEVELOPMENT DEPARTMENT HEARING April 25,2023 Legend y DATE: 10 jProject Locat TN-R ion �FRi�gNFORK DR 0 TO: Mayor&City Council R_15 jy F.p W 4. LU �R a FROM: Stacy Hersh,Associate Planner5P`' 208-489-0576 °o �V VJ0OD C DR R_8 Q = 0 z __ o SUBJECT: VAR-2023-0001 & � - -� "�/ 1' � 3 Ln H-2023-0015 v� S fOKK DR W HEN -' ✓HENRYS_ Southridge No. 3 VAR,VAC R-8I FORK DR R-4 LOCATION: 1938 W.Henrys Fork Drive,in the NE 1/4 of Section 23,T.3N.,R.1W. - — Ridenbaugh-Ca�oi R-2 RUT 1l L PROJECT DESCRIPTION Variance and vacation request to allow a one-foot reduction to the required five-foot interior side setback and the public utility,drainage and irrigation easement on the east side of Lot 10,Block 8 for a newly built home in Southridge Subdivision No. 3,due to a staking error which resulted in the home being constructed one-foot within the setback and easement. Applicant Information A. Applicant: Shari Stiles,Engineering Solutions- 1029 N.Rosario Street, Suite 100,Meridian,ID 83642 B. Owner: Jeff Herman,Open Door Rentals LLC-1977 E. Overland Road,Meridian,ID 83642 C. Representative: Becky McKay,Engineering Solutions,LLP- 1029 N.Rosario Street, Suite 100,Meridian,ID 83642 IL UNIFIED DEVELOPMENT CODE Per UDC Table 11-5A-21 variance and vacation of a utility easement require approval from City Council at a public hearing. Page 1 III. NOTICING City Council Posting Date Newspaper Notification 4/9/2023 Radius notification mailed to 4/6/2023 properties within 300 feet Next Door posting 4/6/2023 Public hearing notice sign posted 4/14/2023 IV. STAFF ANALYSIS The Applicant requests approval for a variance and to vacate the one-foot wide public utility, drainage and irrigation easement to encroach within 1 foot of the five-foot side yard setback/easement on the east side of Lot 10,Block 8 in Southridge Subdivision No. 3. Legal descriptions and exhibit maps of the portions of the easements proposed to be vacated are included in Section VII below. The reason for the request is due to a staking error which resulted in the home being constructed one- foot within the five-foot side yard setback and PUDI easement. The City approved the structural footing inspection and layout of the building on the lot prior to pouring the foundation.The building received certificate of occupancy in 2021 from the City. The encroachment was discovered when the home was purchased in 2022. Because the home has already been built on the subject property,a remedy to correct the deviation is through the approval of a variance and vacation application. The preferred method to remedy this situation would be to process a property boundary adjustment and still vacate a portion of the PUDI the easement,however,there are existing homes adjacent to this property which makes it impractical to adjust the property lines to establish the correct 5-foot interior side yard setback in the R-8 district. Relinquishment letters were received from Sparklight,Lumen, Idaho Power,and Intermountain Gas Company stating they have no objection to the vacation of the utility easements as proposed(see section VILC below). In order for the City to approve the variance request,the Council has to make Findings in the affirmative. Based on the analysis above, Staff believes there is sufficient cause to support the request as noted in the Findings section below for the Council to approve the request. V. DECISION A. Staff: Staff recommends approval of the variance and vacation of utility easements as proposed by the Applicant per the Findings in section VII.below. Page 2 VI. EXHIBIT Legal Descriptions&Exhibit Maps of the Portion of the Utility Easements Proposed to be Vacated SOUTHRIDGE SUBDIVISION NO. 3 EASEMENT VACATION A PORTION OF LOT 10, BLOCK 8, SOUTHRIDGE SUBDIVISION NO. 3 LOCATED IN THE NE 114 OF SECTION 23, T,3N., RAW., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO BLOCK 8 N81'58'45"E -- - EXISTING 5' WOE PUA941C t171L TY, PROPERTY DRAINAGE AW PRESSURF ce i, +RR1GA P N EA SEVEN T � S8101'15"E 10 110,00' —PROPOSED 4' 1MDE PUBLIC URLTY, 11 148'01'15W PROPERTY DRAINAGE AND PRESSURE 110.00' ', 1RRICA PON EASEMENT 1 PORnow Of EXISrNJG 5' EASEMENT TO BE I VA CA TED h 110 SF 1'� I 1 I I 'II 1 I f. 1 1 581'58'45'W - S81'58'45"W 4100' POINT OF BEGINNING pf BEARIt G � Y 8ASt5 Y a FORK DR. �S1yRY'S p,LLANO N W. Surveying and ConsuNing 231E ETr& till F MERIDIAN ID 8XQ I2;2U.2C.3 IXeI 2"4557 4.. rw'tlNObNtr�hc JlI M] it-16 Page 3 Legal Description Public Utility, Property Drainage and Pressure Irrigation Easement Vacation Lot 10, Block 8, Southridge Subdivision No. 3 A portion of an existing Public Utility, Propefty Drainage and Pressure Irrigation easement in Lot 10 of Block 8 of Southridge Subdivision No. 3, as shown in Book 118 of Plats on Pages 18003 through 18007, records of Ada County,Idaho,being located in the NE'/4 of Section 23, Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho,and more particularly described as follows: Commencing at a'/?inch iron pin monument marking the southeasterly corner of said Lot 10,from which a'/2 inch diameter iron pin monument marking the southwesterly earner of said Lot 10 bears S 81'58'45"W a distance of 70.00 feet, Thence along the southerly boundary of said Lot 10 S 81°58'45"W a distance of 4.00 feet to the POINT OF BEGINNING; Thence continuing along said boundary S 81°58'45"W a distance of 1.00 feet to the endpoint of the westerly boundary of an existing 5-00 foot wide Public Utility, Property Drainage and Pressure Irrigation easement as shown on the plat of said Southridge Subdivision No. 3; Thence along said westerly easement boundary N 8°01'15"W a distance of 110.00 feet to a point on the northerly boundary of said Lot 10; Thence along said northerly boundary N 81°5845"E a distance of 1.00 feet to a point; Thence leaving said boundary S 8°01'15" E a distance of 110.00 feet to the POINT OF BEGINNING. This easement vacation area contains 110 square feet(0,003 acres) and is subject to any other easements existing or in use. This description was prepared from data of record and does not represent a field survey of the subject property- Clinton W. Hansen, PLS `ot>at LAND Land Solutions, PC 5 s Tp March 29, 2022 `�` a !# �T OF p0 W NPR iLA kstions Southndge Subdivision No 3 UGIity Easement Vacation Jab Na 22-18 Page 1 Of 1 Page 4 VIL FINDINGS A. Variance (UDC 11-511-4): 1. The variance relieves an undue hardship because of characteristics of the site; Staff finds there are characteristics that hinder this site because the home has already been built on the subject property. The preferred method to remedy this situation would be to process a property boundary adjustment and still vacate a portion of the PUDI easement, however, there are existing homes adjacent to this property which makes it impractical to adjust the property lines to establish the correct 5- oot interior side yard setback in the R-8 district. 2. The variance shall not be detrimental to the public health, safety,and welfare. Staff finds granting the variance should not be detrimental to the public health, safety and welfare. Page 5 E IDIAN:--- AGENDA ITEM ITEM TOPIC: Public Hearing for Southridge No. 3 (H-2023-0015) by Engineering Solutions, LLP., located at 1938 W. Henry's Fork Dr. Application Materials: https://bit.ly/H-2023-0015 A. Request: Vacation of utility easements within one-foot of the required five-foot side yard easement setback on the east side of Lot 10, Block 8 in Southridge Subdivision Phase 3, due to a staking error which resulted in the home being constructed one-foot within the five-foot side yard setback on 0.177 acres of land in the R-8 zoning district. PUBLIC HEARING SIGN IN SHEET DATE: April 25, 2023 ITEM # ON AGENDA: 17`/r 3 PROJECT NAME: Southridge No. 3 (VAR-2023-0001)(9—20 2-3 -bW57) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name ; 1 sk�i�` 1l�li,✓k(N 2 t6Z 2 a 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT (� W IDIAN^-- COMMUNITY DEVELOPMENT DEPARTMENT HEARING April 25,2023 Legend y DATE: 10 jProject Locat TN-R ion �FRi�gNFORK DR 0 TO: Mayor&City Council R_15 jy F.p W 4. LU �R a FROM: Stacy Hersh,Associate Planner5P`' 208-489-0576 °o �V VJ0OD C DR R_8 Q = 0 z __ o SUBJECT: VAR-2023-0001 & � - -� "�/ 1' � 3 Ln H-2023-0015 v� S fOKK DR W HEN -' ✓HENRYS_ Southridge No. 3 VAR,VAC R-8I FORK DR R-4 LOCATION: 1938 W.Henrys Fork Drive,in the NE 1/4 of Section 23,T.3N.,R.1W. - — Ridenbaugh-Ca�oi R-2 RUT 1l L PROJECT DESCRIPTION Variance and vacation request to allow a one-foot reduction to the required five-foot interior side setback and the public utility,drainage and irrigation easement on the east side of Lot 10,Block 8 for a newly built home in Southridge Subdivision No. 3,due to a staking error which resulted in the home being constructed one-foot within the setback and easement. Applicant Information A. Applicant: Shari Stiles,Engineering Solutions- 1029 N.Rosario Street, Suite 100,Meridian,ID 83642 B. Owner: Jeff Herman,Open Door Rentals LLC-1977 E. Overland Road,Meridian,ID 83642 C. Representative: Becky McKay,Engineering Solutions,LLP- 1029 N.Rosario Street, Suite 100,Meridian,ID 83642 IL UNIFIED DEVELOPMENT CODE Per UDC Table 11-5A-21 variance and vacation of a utility easement require approval from City Council at a public hearing. Page 1 III. NOTICING City Council Posting Date Newspaper Notification 4/9/2023 Radius notification mailed to 4/6/2023 properties within 300 feet Next Door posting 4/6/2023 Public hearing notice sign posted 4/14/2023 IV. STAFF ANALYSIS The Applicant requests approval for a variance and to vacate the one-foot wide public utility, drainage and irrigation easement to encroach within 1 foot of the five-foot side yard setback/easement on the east side of Lot 10,Block 8 in Southridge Subdivision No. 3. Legal descriptions and exhibit maps of the portions of the easements proposed to be vacated are included in Section VII below. The reason for the request is due to a staking error which resulted in the home being constructed one- foot within the five-foot side yard setback and PUDI easement. The City approved the structural footing inspection and layout of the building on the lot prior to pouring the foundation.The building received certificate of occupancy in 2021 from the City. The encroachment was discovered when the home was purchased in 2022. Because the home has already been built on the subject property,a remedy to correct the deviation is through the approval of a variance and vacation application. The preferred method to remedy this situation would be to process a property boundary adjustment and still vacate a portion of the PUDI the easement,however,there are existing homes adjacent to this property which makes it impractical to adjust the property lines to establish the correct 5-foot interior side yard setback in the R-8 district. Relinquishment letters were received from Sparklight,Lumen, Idaho Power,and Intermountain Gas Company stating they have no objection to the vacation of the utility easements as proposed(see section VILC below). In order for the City to approve the variance request,the Council has to make Findings in the affirmative. Based on the analysis above, Staff believes there is sufficient cause to support the request as noted in the Findings section below for the Council to approve the request. V. DECISION A. Staff: Staff recommends approval of the variance and vacation of utility easements as proposed by the Applicant per the Findings in section VII.below. Page 2 VI. EXHIBIT Legal Descriptions&Exhibit Maps of the Portion of the Utility Easements Proposed to be Vacated SOUTHRIDGE SUBDIVISION NO. 3 EASEMENT VACATION A PORTION OF LOT 10, BLOCK 8, SOUTHRIDGE SUBDIVISION NO. 3 LOCATED IN THE NE 114 OF SECTION 23, T,3N., RAW., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO BLOCK 8 N81'58'45"E -- - EXISTING 5' WOE PUA941C t171L TY, PROPERTY DRAINAGE AW PRESSURF ce i, +RR1GA P N EA SEVEN T � S8101'15"E 10 110,00' —PROPOSED 4' 1MDE PUBLIC URLTY, 11 148'01'15W PROPERTY DRAINAGE AND PRESSURE 110.00' ', 1RRICA PON EASEMENT 1 PORnow Of EXISrNJG 5' EASEMENT TO BE I VA CA TED h 110 SF 1'� I 1 I I 'II 1 I f. 1 1 581'58'45'W - S81'58'45"W 4100' POINT OF BEGINNING pf BEARIt G � Y 8ASt5 Y a FORK DR. �S1yRY'S p,LLANO N W. Surveying and ConsuNing 231E ETr& till F MERIDIAN ID 8XQ I2;2U.2C.3 IXeI 2"4557 4.. rw'tlNObNtr�hc JlI M] it-16 Page 3 Legal Description Public Utility, Property Drainage and Pressure Irrigation Easement Vacation Lot 10, Block 8, Southridge Subdivision No. 3 A portion of an existing Public Utility, Propefty Drainage and Pressure Irrigation easement in Lot 10 of Block 8 of Southridge Subdivision No. 3, as shown in Book 118 of Plats on Pages 18003 through 18007, records of Ada County,Idaho,being located in the NE'/4 of Section 23, Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho,and more particularly described as follows: Commencing at a'/?inch iron pin monument marking the southeasterly corner of said Lot 10,from which a'/2 inch diameter iron pin monument marking the southwesterly earner of said Lot 10 bears S 81'58'45"W a distance of 70.00 feet, Thence along the southerly boundary of said Lot 10 S 81°58'45"W a distance of 4.00 feet to the POINT OF BEGINNING; Thence continuing along said boundary S 81°58'45"W a distance of 1.00 feet to the endpoint of the westerly boundary of an existing 5-00 foot wide Public Utility, Property Drainage and Pressure Irrigation easement as shown on the plat of said Southridge Subdivision No. 3; Thence along said westerly easement boundary N 8°01'15"W a distance of 110.00 feet to a point on the northerly boundary of said Lot 10; Thence along said northerly boundary N 81°5845"E a distance of 1.00 feet to a point; Thence leaving said boundary S 8°01'15" E a distance of 110.00 feet to the POINT OF BEGINNING. This easement vacation area contains 110 square feet(0,003 acres) and is subject to any other easements existing or in use. This description was prepared from data of record and does not represent a field survey of the subject property- Clinton W. Hansen, PLS `ot>at LAND Land Solutions, PC 5 s Tp March 29, 2022 `�` a !# �T OF p0 W NPR iLA kstions Southndge Subdivision No 3 UGIity Easement Vacation Jab Na 22-18 Page 1 Of 1 Page 4 VIL FINDINGS A. Variance (UDC 11-511-4): 1. The variance relieves an undue hardship because of characteristics of the site; Staff finds there are characteristics that hinder this site because the home has already been built on the subject property. The preferred method to remedy this situation would be to process a property boundary adjustment and still vacate a portion of the PUDI easement, however, there are existing homes adjacent to this property which makes it impractical to adjust the property lines to establish the correct 5- oot interior side yard setback in the R-8 district. 2. The variance shall not be detrimental to the public health, safety,and welfare. Staff finds granting the variance should not be detrimental to the public health, safety and welfare. Page 5 E IDIAN:--- AGENDA ITEM ITEM TOPIC: Ordinance No. 23-2016: An Ordinance (Millwood Subdivision — H-2022-0089) annexing the northwest quarter of the northwest quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 4.74 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; repealing conflicting ordinances; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2023-023862 BOISE IDAHO Pgs=4 VICTORIA BAILEY 04/26/2023 08:13 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 23-2016 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER AN ORDINANCE (MILLWOOD SUBDIVISION — H-2022-0089) ANNEXING THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; REZONING 4.74 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; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Meridian received a written request from property owner Epic Development Victory 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 4.74 acres of the Subject Property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) Zoning District. ANNEXATION ORDINANCE—MILLWOOD SUBDIVISION H-2022-0089 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 25th day of April, 2023. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 25th day of April, 2023. MAYOR ROAER E. SIMISON ATTEST: ,• r � SEAL CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 25th 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. CHARLENE WAYCha&wW" (SEAL COMMISSION No. 67390 Notary Public NOTARY PUBLIC Commission Expirati . 3-28-2028 ANNE ""�' I QA H n^ tsDIVISION H-2022-0089 Page 2 EXHIBIT A ANNEXATION MILLWOOD SUB EXHBIT A PROPERTY DESCRIPTION A parcel of land lying in the NW 1/4 of the NW 1/4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at an aluminum cap marking the North 1/4 Corner of said Section 29; thence N.89°49'00"W. along the North line of said Section 29 a distance of 1340.37 feet to a 5/8" iron pin; thence 5.00°01'15"W. a distance of 629.36 feet more or less to a to a point lying on the Centerline of Eight Mile Lateral, said pin also being the POINT OF BEGINNING; Thence 5.00°01'15"W. a distance of 390.73 feet to a 5/8" iron pin; Thence N.73°02'00"W. a distance of 354.80 feet to a 5/8" iron pin; Thence N.00°01'30"W.a distance of 791.62 feet more or less to a point on the Centerline of Eight Mile Lateral; Thence along the Centerline of Eight Mile Lateral 5.37°58'06"E. a distance of 281.07 feet to a point; Thence continuing along said centerline 5.30°32'48"E. a distance of 328.43 feet to a point also being the POINT OF BEGINNING. Said parcel contains 4.74 acres, more or less, and is subject to all existing easements and rights-of-ways of record or implied, 9,c cc 15758 0 �,2- 3-23 o OF C J. H0\A EXHIBIT B EXHIBIT B ANNEXATION FOR MILLWOOD SUB. PORTION OF THE NW1/4 OF THE NW1/4, SECTION29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO CP&F NO. BASIS OF BEARINGS 2021-040321 VICTORY ROAD ` 160- 19 20 SE9' 49' 00'E 2680.69' 11\ /I 30 29 v 1000.47' W 339.86 1340.37' IV N 1/4 CDR N SECTION 29 n o CP&F NO. 2021-037427 O N C z UNPLATTED s a�00 I 73.18'\`rA.001. oi N s 0 € y UNPLATTED io n TEAKWOOD c yam. SUBDIVISION n 0 z z I I a o`S L o cc 15758 0 OF �o � M C J HOP 0 I 573.0.2 ` f 3Sq 80• S A3h� LEGEND SUBDIVISION N0. 2 V USCANY LAKES — — ANNEXATION BOUNDARY LINE S SECTION LINE GRAPHIC SCALE — PROPERTY LINE 75 0 37.5 75 150 300 FOUND ALUMINUM CAP ® FOUND 5/8- IRON PIN (N FEET) p CALCULATED POINT-NOT SET 1 Inch- 150 tL a D In.; of i J.J. HOWARD 11/17 --/22 - AI 1 MILLWOOD SUB. i SMANNO 9GL_ OWN Br: aTAIIIING III ,x,x,pFy«,7,r„romwA,O8-Hw 1" = 150' CLS 220503 ANNEXATION PROPERTY DESCRIPTION EXHIBIT E IDIAN:--- AGENDA ITEM ITEM TOPIC: Ordinance No. 23-2017: An Ordinance (Hadler Neighborhood — H-2022-0064) annexing Lot 1, Block 1 of Rescue Ranch Subdivision and a portion of the adjacent public right-of- way of S. Locust Grove Road, situated in the north half of the southwest quarter of Section 5, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 20.5 acres of such real property from RUT (Rural Urban Transition) to R- 15 (Medium High-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. ADA COUNTY RECORDER Trent Tripple 2023-023850 BOISE IDAHO Pgs=5 VICTORIA BAILEY 04/26/2023 08:08 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 23-2017 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER AN ORDINANCE (HADLER NEIGHBORHOOD —H-2022-0064) ANNEXING LOT 1, BLOCK 1 OF RESCUE RANCH SUBDIVISION AND A PORTION OF THE ADJACENT PUBLIC RIGHT-OF-WAY OF S. LOCUST GROVE ROAD, SITUATED IN THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 2 NORTH,RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; REZONING 20.5 ACRES OF SUCH REAL PROPERTY FROM RUT (RURAL URBAN TRANSITION) TO R-15 (MEDIUM HIGH-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 WHEREAS, the City of Meridian received a written request from property owner Blackcatl, 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 20.5 acres of the Subject Property from RUT(Rural Urban Transition)to the R-15 (Medium High-Density Residential) Zoning District. ANNEXATION ORDINANCE—HADLER NEIGHBORHOOD H-2022-0064 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 25th day of April, 2023. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 25th day of April, 2023. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 25th 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—HADLER NEIGHBORHOOD H-2022-0064 Page 2 EXHIBIT A IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 15G GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Hadler Subdivision Annexation Description Project Number 21-360 July 13, 2022 Lot 1, Block 1 of Rescue Ranch Subdivision(Book 106 of Plats at Pages 14734 through 14736, records of Ada County, Idaho), and a portion of the adjacent public right-of-way of S. Locust Grove Road, situated in the north half of the southwest quarter of Section 5,Township 2 North, Range 1 East, Boise Meridian,Ada County, Idaho, and being more particularly described as follows: Commencing at southwest corner of Section 5,Township 2 North, Range 1 East, Boise Meridian; Thence N00°04'42"W, 2655.92 feet to the west quarter-section corner of Section 5,the POINT OF BEGINNING: Thence S89°52'50"E, 37.00 feet along the east-west centerline of Section 5 to the east line of S. Locust Grove Road and the northwest corner of Lot 1; Thence continuing S89°52'50"E, 1618.16 feet along the boundary of Lot 1; Thence S00°04'42"E, 335.88 feet along the boundary of Lot 1; Thence 12.01 feet on a non-tangent curve to the left having a radius of 225.00 feet, a central angle of 03°03'27",a chord bearing of N88°20'52"W, and a chord length of 12.01 feet along the boundary of Lot 1; Thence N89°52'36"W, 313.32 feet along the boundary of Lot 1; Thence 143.71 feet on a curve to the left having a radius of 125.00 feet, a central angle of 65°52'19",a chord bearing of S57°11'14"W, and a chord length of 135.93 feet along the boundary of Lot 1; Thence S24°15'05"W, 307.54 feet along the boundary of Lot 1; Thence 75.80 feet on a curve to the right having a radius of 50.00 feet,a central angle of 86°51'39", a chord bearing of S67°40'54"W, and a chord length of 68.75 feet along the boundary of Lot 1; Thence N68°53'16"W, 342.09 feet along the boundary of Lot 1; Thence N89°52'36"W, 669.21 feet along the boundary of Lot 1 to the east right-of-way line of S. Locust Grove Road; Thence S89°55'18"W, 37.00 feet to the west line of Section 5; Thence N00°04'42"W, 593.86 feet along the west line of Section 5 to the POINT OF BEGINNING. �,1 S The above-described parcel contains 20.51 acres, more or less. �� p 0 13 4 0 \o �yq£L S . gyp EXHIBIT B Unplatted POB S.6 S.5 w1/4 S89'52'50"E 1618,16' L1 � w I r v ,a Do o � N Lot 1 Block 1 C o,to I Rescue Ranch Subdivision co 00 to Q) N o' I N89'52'36"W LO d m 3 0 G`ti 313.32' C1 0 a 3 E. Cavalli Ln. Np I (Private) p 0 I s, m 0 I h o vi o o� Z 37.0' ^�n V O L2 N89'52'36"W 669.21' N6(9 �`� M Cq 0 w Rescue Ranch Subdivision 0 22 N GJ Laredo Estates Subdivision 1.6 S.5 • S.7 S.8 LA s Line Table Curve Table Line Bearing Length Curve Length Radius Delta Chord Bearing Chord Distance cc IL 4 ;X3 L1 S89'52'50"E 37.00' C1 12.01' 225.00' 3'03'27" N88'20'52"W 12.01' 17(i L2 S89'55'18"W 37.00' C2 143.71' 125.00' 65'52'19" S57'11'14"W 135.93' .i T of ��P�� C3 75.80' 50.00' 86'51'39" S67'40'54"W 68.75' cygEL S.gym NP:\H—Suedi—m Topo 21-360\dwq\21-360 Hadley E.hibit-Annesati—dwq 7/13/2022 e:36:36 PM Scale: 1"=200' IDAHO Exhibit ___ Drawing for 2b No. 0 50 100 200 400 SURVEY 60 sOISE.MAewS" Hadler Subdivision Annexation Sheet No. salsa.nN,o anoa GROUP, LLC Situated in the North Half of the Southwest Quarter of Section 5, Dwg. Date T.214., RAE., B.M., Ada County, Idaho. 7/13/2022 s89°52'50"a 1618.16 0 Wo c A 0 A W N 7 O� O W A� N _ 313.32 4 f n89° 2'3 r3 h �'h 669.21 M�a n89°52'36w y ng8 530�w �� a IL 113 4 OF, X3 Hadler Subdivision Annexation Closure 7/13/2022 Scale: 1 inch= 250 feet File: Tract 1:20.5051 Acres,Closure:n51.0146e 0.01 ft.(1/524069),Perimeter=4486 ft. 01 s89.5250e 37 10 n89.5236w 669.21 02 s89.5250e 1618.16 11 s89.5518w 37 03 s00.0442e 335.88 12 n00.0442w 593.86 04 Lt,r=225.00,delta=003.0327,chord=n88.2052w 12.01 05 n89.5236w 313.32 06 Lt,r=125.00,delta=065.5219,chord=s57.1114w 135.93 07 s24.1505w 307.54 08 Rt,r=50.00,delta=086.5139,chord=s67.4054w 68.75 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. &JJ/ William L. M.Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 23-2017 An ordinance (Radler Neighborhood — H-2022-0064) annexing Lot 1, Block 1 of Rescue Ranch Subdivision and a portion of the adjacent public right-of-way of S. Locust Grove Road, situated in the north half of the southwest quarter of Section 5, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 20.5 acres of such real property from RUT (Rural Urban Transition) to R-15 (Medium High-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.] ANNEXATION ORDINANCE—HADLER NEIGHBORHOOD H-2022-0064 Page 4 E IDIAN:--- AGENDA ITEM ITEM TOPIC: Ordinance No. 23-2018: An Ordinance (Rackham East— H-2022-0085) annexing a portion of the northwest quarter of the southeast quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 0.143 acres of such real property from RUT (Rural Urban Transition) to C-G (General Retail and Service Commercial) 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. ADA COUNTY RECORDER Trent Tripple 2023-023863 BOISE IDAHO Pgs=4 VICTORIA BAILEY 04/26/2023 08:13 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 23-2018 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER AN ORDINANCE (RACKHAM EAST — H-2022-0085) ANNEXING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; REZONING 0.143 ACRES OF SUCH REAL PROPERTY FROM RUT (RURAL URBAN TRANSITION) TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL) 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 WHEREAS, the City of Meridian received a written request from property owner BVA Eagle View Office No. S, 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 0.143 acres of the Subject Property from RUT (Rural Urban Transition) to the C-G (General Retail and Service Commercial)Zoning District. ANNEXATION ORDINANCE—RACKHAM EAST H-2022-0085 Page 1 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 25th day of April, 2023. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 25th day of April, 2023. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 25th 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 3-28-2028 Commission Expiration: ANNEXATION ORDINANCE—RACKHAM EAST H-2022-0085 Page 2 EXHIBIT A km E N G I N E E R I N G Deoem ber 16,2022 Project No.:20-219 Exhiblt 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 tap marking the Center 1/4 corner of said Sectisn 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 westerly line of said Northwest 1/4 of the Southeast 1/4,S00'05'15'E a distance of 227.22 feet to a 5/8-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 672.76 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 Page8098, records of Ada County,Idaho); Thence following said centerline and said boundary,S12'52'54'W a distance of 17.45 feet; Thence leaving said centerline and said boundary,N89'15`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 N00'00'07"W a distance of 14,37 feet to the POINT OF BEGINNING. Said parcel contains a total of 7,551 square feet,more or less_ Attached hereto is Exhibit Band by this reference is made a part hereof. 5 E,1 a U,12455 0 !Z •16.1AZ2 5725 North Discovery Way•Boise,Idaho 93713•208,639.5939•kmengllp.com EXHIBIT B POINT OF COMMENCEMENT FOUND ALUMINUM CAP CENTER 1/4 CORNER SECTION 16 SOD'05'15'E 227.22 (TIE) Interstate 84 SBe'34'32'E POINT OF BVA Eagle View Office No.5,LLC FY 2.76' (TIE) BEGINNING Portion ofAPN R7555000167R/W S69'34'32E 482.59'z h Unplatted N89'15'23W 478.72' N I M Annexation Area:7,551±SF n7 m N � o koN Unplatted Centerline of the En;� Ridenbaugh Canal .y b Rolling Hill =I Subdivision LINE TABLE LINE BEARING DISTANCE O L1 Si752'54"W 17.45 3° L2 N00'00'07"W 14.37 E. Overland Rd. 1 FOUND BRASS CAP N SOUTH 1/4 CORNER SECTION 15 0 10 200 300 Plan Scale:1"=IOU 7 Legend I� FOUND ALUMINUM CAP FOUND BRASS CAP FOUND 5/8—INCH REf3AR a CALCULATED POINT ANNEXATION BOUNDARY LINE b -4 ADJACENT LOT LINE a — — — SECTION LINE lam ENGINEERING WM R/w RIGHT—OF—WAY LINE 5715 NDRTN DISCTYYM war BOISE OAII0071a "ONE 1205I 60ae79 Exhibit B-Annexation _ ""°"P`" Eagle View Landing DATE- Dc em6er1022 PROJEC7: SVFz19 5HEET: A Portion of the NW 1/4 of the SE 1/4 of Section 16 1 OF 1 T3N., R1E., B.M.,Ada County, Idaho i i I i i r 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. a]2- William L. M.Nary,lCity AttonAy SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 23-2018 An ordinance (Rackhain East — H-2022-0085) annexing a portion of the northwest quarter of the southeast quarter of Section 16,Township 3 North,Range 1 East,Boise Meridian,Ada County,Idaho, more particularly described in Exhibit "A"; rezoning 0.143 acres of such real property from RUT (Rural Urban Transition) to C-G (General Retail and Service Commercial) 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. i [Publication to include map as set forth in Exhibit B.] ANNEXATION ORDINANCE—RACKHAM EAST H-2022-0085 Page 4 E IDIAN:--- AGENDA ITEM ITEM TOPIC: Ordinance No. 23-2019: An Ordinance (Rackham East H-2022-0085) for rezone of a parcel of land being Lots 18 and 19, Block 1 of Rackham Subdivision (Book 120 of Plats at pages 18,582-18,588, records of Ada County, Idaho), situated in a portion of the northeast quarter of the southwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 3.938 acres of land from C-G (General Retail and Service Commercial) zoning district to R-40 (High-Density Residential) zoning district in the Meridian City Code; 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; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2023-023864 BOISE IDAHO Pgs=4 VICTORIA BAILEY 04/26/2023 08:13 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 23-2019 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN OVERTON, PERREAULT, STRADER AN ORDINANCE (RACKHAM EAST H-2022-0085) FOR REZONE OF A PARCEL OF LAND BEING LOTS 18 AND 19, BLOCK 1 OF RACKHAM SUBDIVISION (BOOK 120 OF PLATS AT PAGES 18,582-18,588, RECORDS OF ADA COUNTY, IDAHO), SITUATED IN A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16,TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," REZONING 3.938 ACRES OF LAND FROM C-G (GENERAL RETAIL AND SERVICE COMMERCIAL) ZONING DISTRICT TO R-40 (HIGH-DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; 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. 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 property described in the Legal Description attached hereto as Exhibit "A," which is incorporated herein by reference, is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for rezoning by Eagle View Landing Apartments, LLC, the owner of said property. SECTION 2. That the above-described real property is hereby rezoned from C-G (General Retail and Service Commercial)Zoning District to R-40 (High-Density Residential)Zoning District. 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. REZONE ORDINANCE—RACKHAM EAST H-2022-0085 PAGE I 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 25th day of April, 2023. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 25th day of April, 2023. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 25th 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. Notary Public for Idaho My Commission Expires: 3-28-2028 REZONE ORDINANCE—RACKHAM EAST H-2022-0085 PAGE 2 EXHIBIT A ENGlam I N E E RING November 8,2022 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 Fast,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 1/4,SOVOS'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`1)5'15"E a distance of 676.35 feet to an aluminum cap marking the Center-South 1/16 corner of said Section 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 i8 and 19,Block lof Rackham Subdivision; Thence leaving said westerly Ilne and following said northerly line,N69'57'S9"F a distance of 287.72 feet to the POINT OF BEGINNING. Said parcel of land contains a total of 3.938 acres, more or less.Said parcel of la nd is now a portion of Parcel"C"as shown on Record of Survey No.13491,records of Ada County,Idaho. Attached hereto is Exhibit B.and by this reference is made a part hereof. AL LA,1yj .a a. m 12459 0 5725 North Drszawery Way.Rolse,Idaho 91711.208.d19.6919.krneogllp.corn EXHIBIT B POINT OF COMMENCEMENT FOUND ALUMINUM CAP .,,�CENTER 1/4 CORNER SECTION 16 in al fl vy s T' N �� o Parcelcc vni b i ROS No,13491 POINT OF aEG;NNING 9' ?' 6 'n g _ I m d) in — Ln 11 n cn _ co o � aej v m a Proposed z l o Zoning:R-40 r > F 0 Parcel 6 Parcel"C v R7319431905 b ROS No.23491 En O En o J CENTER-SOUTH 1/16 CORNER -SECTION 16 FOUND ALUMINUM CAP 278.91' N89`14'1 1"W Rolling HIII Jewel Subdivision Subdivlslon $ �FOUND BRASS CAP SOUTH 1/4 CORNER SECTION 16 a W s 0 200 400 600 P 6 Plan Scale;1"=200' E A G I N E E R 1 N G 575140M oscaVW WAY 00EE.IQAH7 83713 FWME(ZC1"mi939 Exhibit B-Rezone to R-40 - t.ffwt' "' Rackham Subdivision OATL Wacmhr 2022 P jFcr; 206219 SHEET: Lots 18 and 19,Block 1 of Rackham Subdivision situated in the R 1 OF 1 NE 1/4 of the SW 1/4 of Sec. 16,T3N., R1E.,B.M.,Ada County,Idaho Page 9 CERTIFICATION OF SUMMARY: i i 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. William L. M.Nary, City Attorney i { i SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 23-2019 An ordinance;(Rackham East H-2022-0085) for rezone of a parcel of land being Lots 18 and 19, Block 1 of Rackham Subdivision (Book 120 of Plats at pages 18,582-18,588, records of Ada County, Idaho), situated in a portion of the not quarter of the southwest quarter of Section 16, Township 3 North, Range 1 East,Boise Meridian, Ada County, Idaho,more particularly described in Exhibit"A,"rezoning 3.938 acres of land from C-G (General Retail and Service Commercial) zoning district to R-40 (High- Density Residential) zoning district in the Meridian City Code; 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; 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.] REZONE ORDINANCE-RACKHAM EAST H-2022-0085 PAGE 3