HomeMy WebLinkAbout2023-08-22 Work Session
CITY COUNCIL WORK SESSION
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Tuesday, August 22, 2023 at 4:30 PM
Minutes
ROLL CALL ATTENDANCE
PRESENT
Councilman Joe Borton
Councilwoman Liz Strader
Councilman Brad Hoaglun
Councilman John Overton
Councilwoman Jessica Perreault
Councilman Luke Cavener
Mayor Robert E. Simison
ADOPTION OF AGENDA Adopted
CONSENT AGENDA \[Action Item\] Approved
Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton.
Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman
Overton, Councilwoman Perreault, Councilman Cavener
1. Approve Minutes of the August 8, 2023 City Council Work Session
2. Approve Minutes of the August 8, 2023 City Council Regular Meeting
3. Wood Rose Apartments Sanitary Sewer and Water Main Easement No.1 (ESMT-
2023-0102)
4. Foxcroft Subdivision No. 1 Pedestrian Pathway Easement (ESMT-2023-0107)
5. Lennon Pointe Subdivision Sanitary Sewer and Water Main Easement (ESMT-
2023-0097)
6. St. Lukes Consolidated Service Center Sanitary Sewer and Water Main Easement
No. 1 (ESMT-2023-0111)
7. Final Plat for Kingstown Subdivision No. 1 (FP-2023-0007) by Kimley-Horn &
Associates, located at 2610 E. Jasmine Ln.
8. Final Plat for Sessions Parkway Subdivision (FP-2023-0002), by KM Engineering,
LLP., located at 2700 N. Eagle Rd.
9. Findings of Fact, Conclusions of Law and Order of Approval for Driftwood
Subdivision (H-2023-0021), by Brighton Development, Inc., located at 870 W.
Ustick Rd.
10. Development Agreement (Bordeaux Estates H-2022-0062) Between City of
Meridian and 2 North Homes, LLC for Property Located at 5665 N. Meridian Rd.
11. Acceptance Agreement between the City of Meridian and Eileen Gay for Public Art
at the Five Mile Creek Pathway Trailhub: "Water Metrics"
12. Fiscal Year 2024 Net-Zero Budget Amendment in the amount of $500,000.00 for
Developer Reimbursement of Hunter Lateral Relocation Project costs
13. Resolution No. 23-2404: A Resolution Accepting the 2024 Initial Point Gallery
Schedule and Providing an Effective Date
14. Resolution No. 23-2405: A Resolution of the City Council of the City of Meridian
Reappointing Dave Winder to Seat 4 and Dan Basalone to Seat 9 of the Meridian
Development Corporation; and Providing an Effective Date
15. Resolution No. 23-2406: A Resolution Amending the City of Meridian
Comprehensive Plan to Update Text, Priorities, and Lead/Support Departments for
Certain Policy Text; and Providing an Effective Date
ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\]
DEPARTMENT / COMMISSION REPORTS \[Action Item\]
16. Recognition of Long-Term Employees of the City of Meridian
17. Discussion Regarding Public Hearing Notice Posting as Required in Meridian City
Code 11-5A-6(D)2
EXECUTIVE SESSION
18. Per Idaho Code 74-206A (1)(a): To Deliberate on a labor contract offer or to
formulate a counteroffer.
Motion to enter executive session made by Councilman Hoaglun, Seconded by Councilman
Borton.
Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman
Overton, Councilwoman Perreault, Councilman Cavener
Into session: 5:09 pm
Out of session: 5:49 pm
ADJOURNMENT 5:49 pm
Meridian City Council Work Session August 22, 2023.
A Meeting of the Meridian City Council was called to order at 4:30 p.m. Tuesday,
August 22, 2023, by Mayor Robert Simison.
Members Present: Robert Simison, Brad Hoaglun, Joe Borton, Luke Cavener, Jessica
Perreault, Liz Strader and John Overton.
Also present: Chris Johnson, Bill Nary, Caleb Hood, Jeff Brown, Joe Bongiorno and
Dean Willis.
ROLL-CALL ATTENDANCE
Liz Strader _X_ Joe Borton
_X_ Brad Hoaglun _X_ John Overton
_X_ Jessica Perreault _X—Luke Cavener
X Mayor Robert E. Simison
Simison: Council, we will call the meeting to order. For the record it is August 22nd,
2023, at 4:30 p.m. We will begin this evening's work session with roll call attendance.
ADOPTION OF AGENDA
Simison: First item up is adoption of the agenda.
Hoaglun: Mr. Mayor?
Simison: Council Hoaglun. Move that we adopt the agenda has published.
Borton: Second.
Simison: Have a motion 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: ALLAYES.
CONSENT AGENDA [Action Item]
1. Approve Minutes of the August 8, 2023 City Council Work Session
2. Approve Minutes of the August 8, 2023 City Council Regular Meeting
3. Wood Rose Apartments Sanitary Sewer and Water Main Easement
No.1 (ESMT2023-0102)
Meridian City Council Work Session
August 22,2023
Page 2 of 14
4. Foxcroft Subdivision No. 1 Pedestrian Pathway Easement (ESMT-
2023-0107)
5. Lennon Pointe Subdivision Sanitary Sewer and Water Main Easement
(ESMT2023-0097)
6. St. Luke's Consolidated Service Center Sanitary Sewer and Water
Main Easement No. 1 (ESMT-2023-0111)
7. Final Plat for Kingstown Subdivision No. 1 (FP-2023-0007) by Kimley-
Horn & Associates, located at 2610 E. Jasmine Ln.
8. Final Plat for Sessions Parkway Subdivision (FP-2023-0002), by KM
Engineering, LLP., located at 2700 N. Eagle Rd.
9. Findings of Fact, Conclusions of Law and Order of Approval for
Driftwood Subdivision (H-2023-0021), by Brighton Development, Inc.,
located at 870 W. Ustick Rd.
10. Development Agreement (Bordeaux Estates H-2022-0062) Between
City of Meridian and 2 North Homes, LLC for Property Located at
5665 N. Meridian Rd.
11. Acceptance Agreement between the City of Meridian and Eileen Gay
for Public Art at the Five Mile Creek Pathway Trailhub: "Water
Metrics"
12. Fiscal Year 2024 Net-Zero Budget Amendment in the amount of
$500,000.00 for Developer Reimbursement of Hunter Lateral
Relocation Project costs
13. Resolution No. 23-2404: A Resolution Accepting the 2024 Initial Point
Gallery Schedule and Providing an Effective Date
14. Resolution No. 23-2405: A Resolution of the City Council of the City
of Meridian Reappointing Dave Winder to Seat 4 and Dan Basalone to
Seat 9 of the Meridian Development Corporation; and Providing an
Effective Date
15. Resolution No. 23-2406: A Resolution Amending the City of Meridian
Comprehensive Plan to Update Text, Priorities, and Lead/Support
Departments for Certain Policy Text; and Providing an Effective Date
Simison: Next item up is the Consent Agenda.
Hoaglun: Mr. Mayor?
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August 22,2023
Page 3 of 14
Simison: Councilman Hoaglun.
Hoaglun: I move that we approve the 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: ALLAYES.
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
Simison: There were no items moved from the Consent Agenda.
DEPARTMENT / COMMISSION REPORTS [Action Item]
16. Recognition of Long-Term Employees of the City of Meridian
Simison: So, we are going to go into Department/Commission Reports. Tonight we are
going to do the recognition of long-term employees. One a 25 and one at 30 years with
the City of Meridian and we are going to start with our 25 year employee. So, I asked
that Council President and Vice-president, they are going to go ahead and do these
presentations on behalf of the city this evening, so Council President. I think you will be
up and Mr. Parsons, if you would like to join him at the podium.
Hoaglun: Yeah. Well, it's a pleasure to be up here and to get to talk a little bit about
Matt Parsons and his career at the City of Meridian, but it didn't start here, it started in
the -- you started in law enforcement in 1990 for the city of Glenns Ferry as a patrolman
and he was appointed as police chief in 1994 and during that time he attended the FBI's
command college and Northwestern University School of Police Staff and Command
and, then, on February 27th, a date I will remember, 1998, he accepted a position as a
patrol officer for the City of Meridian and he's been busy since then and so let me read
this list and it's extensive. He was assigned or promoted to the following positions.
2000 to 2002 assigned to the FBI's Treasure Valley team and Violent Crime Task Force.
Was awarded with the FBI Olympic medal from the Office of FBI Director Robert Mueller
for support during the 2002 Salt Lake Olympics. 2002 promoted to Corporal in patrol.
2003 award of the police star as result of a police action. 2004 promoted to sergeant in
patrol. 2007 through '10 assigned as both the administrative sergeant and the traffic
team sergeant. 2008 awarded the supervisor of the year. 2007 through '17 assigned to
the Ada County Emergency Communications Planning Committee, which was collateral
duty. 2010 assigned as patrol sergeant. 2012 award of the police star as a result of a
police action. 2013 assigned as a community services sergeant. In 2016 going back as
patrol sergeant. 2020 awarded the supervisor of the year. 2020 assigned as the
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property crimes detective sergeant. So, that's quite the list and a lot of experience
there. And just the personal -- I have to say I have done several ride-alongs with
Sergeant Parsons that I got to be in a high speed -- it wasn't a chase. We were
paralleling the suspect in case they turned south. So, I learned a lot about what high
speed and how many miles over you can go and this is what you do. So, he did this.
We were flying down Franklin Road and he's telling me all this and I learned a lot. Oh.
Okay. You were paying close attention to everything that was going on, so -- even my
questions. But it's very obvious Matt loves the City of Meridian. He loves his job. He's
dedicated to our community and he does treat people with the respect and dignity that
they deserve and -- and maybe sometimes I think even if they don't deserve it you treat
people right. And it's -- it's -- it's the right way -- the right way to go. He's married to his
wife Brooke. They have two adult children, Christopher and Katie, and he has three
wonderful granddaughters between the ages of five and 15. In his spare time, which I
don't know if you have much of, he loves to bass fish, camp and be with his family. So,
Matt, we want to congratulate you on your 25 years of service and all your
accomplishments and thank you very much. We have some goodies for you. I don't
know -- are they giving speeches afterwards?
Simison: They are more than welcome to if they would like to make any comments.
Parsons: I appreciate you guys coming out. About what was said, I just enjoy working
with each and every one of you and -- except you. No. I do, I enjoy working with each
and every one of you and I appreciate your support and, you know, him reading that list
it -- it sure went a lot faster than the last 25 years here have gone it, but truly it does feel
like a blink of an eye. Twenty-five years has gone by pretty quickly. So, savor the time.
Enjoy the time. Don't constantly think about retirement, because before you know it will
be right there, so -- but, yeah, thank you. I just appreciate everybody working with me
here, too. Thank you.
Hoaglun: All sorts of goodies there.
Simison: Councilman Hoaglun, they want to get a picture with him with the certificate.
They are waiting for that in the front row.
Hoaglun: All right.
Simison: Next up we will have Sonya join Councilman Borton at the podium for 30 year
recognition.
Perreault: I didn't know she started here when she was ten.
Borton: So, a quick comment, Matt. One of the things -- one of the many things that
you do really well -- your disarming sense of humor; right? It just makes everyone
comfortable to be around you, but it also makes you a joy to work with and I have heard
that from several people. You like to make work fun. You are very good at what you do,
but you are also able to make people laugh and feel comfortable in difficult situations
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and that's hard to do in your profession. We are blessed to have you do it in Meridian.
So, congratulations to you. I'm now going to take everybody back to 1993. Is Brian
here? That's the year Brian was in sixth grade and little did we know that during that
sixth grade year Brian would, then, have a co-worker named Sonya Allen, who had just
begun her work at the City of Meridian 30 years from now -- or 30 years ago and back
30 years ago when Sonya joined our Planning Department Meridian looked much
different than it does today. Obviously. The population of Meridian in 1993 was -- any
guesses? Too high. Too high. Too high. Too high. Thirteen thousand people. Okay.
The city area has grown during Sonya's tenure by 250 percent and the subdivisions that
our community has have grown by 200 percent. So, obviously, for 30 years Sonya has
played an instrumental role in the growth and development of our city north, south, east
and west and a lot of the success that you hear in our community that we are benefiting
from is due in large part to some of Sonya's leadership in our Planning Department.
The supervisor, Bill Parsons, describes Sonya as moody, greedy -- sorry. Wrong one.
As easygoing. Bill Parsons describes Sonya as easygoing with a great sense of humor
and this is -- I love this quote here. This is so true. Her laugh is infectious and you
know when she's in the building. Amen. No. Amen. Laughter is contagious. She
makes Bill's job easier and he looks forward to being with her -- with her neighbor for
many more -- his neighbor with for many more years. But I also know -- and I know
from up here on the dais over more than a decade Sonya takes her job very seriously
and has always had the city's best interest at heart. I have single handedly watched
Sonya make difficult decisions, have tough discussions with members of the public or
the development community because it's what was right for the city and there is some
components of commercial and residential parts of our community that are much better
that none of us know about, because Sonya spoke up early in the process and did
things that are difficult and might have upset some people, but it made our community
better. That's not easy to do. That's leadership. On a personal level, Sonya was born
and raised in Nampa. She spends her time away from work doing darn near everything
you can do outside. Fishing. Traveling. Camping. Hiking. Going to the mountains.
Skiing. Riding horses. And you have two horses; is that right? Have two horses. And
two cats and a rabbit. And Jared. In no particular order. Sonya has a big heart.
Anyone who works with her knows that's very true. And she -- she loves and is loved by
her family and friends. She would do anything for them and is always there to provide
support and to cheer them on. It's true not only for her family, but the co-workers,
including everyone in this room. So, it's no surprise that the room is full today for Sonya
and Matt. We want to thank you, Sonya, for your 30 years of service to our community.
We love you and appreciate you and all that you do. And we have treats for you as
well. And we are going to take a picture. Okay. But first we want you to come to the
mic and say a few words.
Allen: Are you giving me the short mic? Joe, what are you saying? Thank you all for
taking time out of your day today to attend. This was very nice. It was unexpected. I
had no idea this was what this was going to be, just like a retirement party kind of thing.
I don't think I'm retiring. The best part of my tenure at the city is getting to meet all the
different people that I have met from the public, coworkers and many are now friends
and that's -- that's been the best part of all this. So, thank you all. Appreciate it.
Meridian City Council Work Session
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Simison: All right. Thank you. Thank you all and congratulations so far -- on your
career so far, but, you know, it is not over from that standpoint. My -- my now obligation
is to inform you all that there is cake in Conference Rooms A and B for those who would
like to go have a slice. Everybody is excused to do that, except for Caleb, who must
stick with us for the next agenda item on this evening. So, save him one piece. But
thank you and congratulations and --
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: While -- while people are exiting just want to commend you and maybe HR
and the department --
Simison: Mr. Cavener, hold on one second. There is a -- okay. Try now.
Cavener: I just was going to say thanks. I don't think we have ever done this before. At
least --
Simison: We are not hearing any audio from you. Let's try it again.
Cavener: Mr. Mayor? Don't worry about it.
17. Discussion Regarding Public Hearing Notice Posting as Required in
Meridian City Code 11-5A-6(D)2
Simison: Okay. Okay. With that we will move on to Item 17, which is discussion
regarding public hearing notices as required in Meridian City Code 11 .5A.6D2. Turn this
conversation over to Mr. Hood.
Hood: Thank you, Mr. Mayor, Members of Council. I did listen to the discussion open
mic at the beginning of your meeting last week. So, I am up to speed on -- on that
conversation. As was noted last week that project is done, but looking forward I just will
stand and have a conversation, then, for what, if any, changes need to be made to our
ordinance regarding posting a public hearing notice. So, I just want to start with where
we are at now and what's on the books. I think you know this, but all -- all public
hearings do require some form of posting. We can also talk about the notice that the
clerk sends out and, in fact, that came up last week, too, and NextDoor that we do as an
additional courtesy, not required by our ordinance currently, but as an additional
courtesy to neighbors using the NextDoor app and, then, the mailed notice and
newspaper notice. But the posting of the site is required, again, for all but two public
hearings and that's for vacation, comprehensive plan amendments, and, I'm sorry, and
short plats. Those have to be posted ten -- not -- not less than ten days prior to that
hearing on any of your public streets you have frontage on. It does not talk about at all
-- and this was the main complaint last week was on when those right of ways that are
adjacent to a project are closed. We were -- we are -- were aware. I don't know that we
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connected the dots about the intersection being closed at the same time that this project
was coming through. That is not part of our typical process to look and see if there may
be a road closure coming up in the foreseeable future as we are scheduling these public
hearings. It just hasn't been part of our thought process thus far. I guess I kind of want
to hear from you all before I propose anything. That being said, though, that -- that
could be problematic and, then, defining if there is a water line that breaks or something
like that during this process does that -- is that -- and the road's closed for a couple of
hours, is that -- should -- should a project be continued because someone may have
driven by during that time when the road was closed and they never saw it. I don't want
to get to all those hypotheticals, but there -- there are some -- definitely some concerns
with that. What about if we don't even know about the roadway being closed for a
certain amount of time yet we go forward with the public hearing. So, anyways, we do
require the four by four signs for most all projects in the city. I do appreciate the
comments last week that was brought up by the neighborhood. I will say going back to
that one project in particular on the Locust Grove side of that it's my understanding you
could see the sign, because the access into the adjacent subdivision was still open and
the sign was placed prior to that road closure. So, anyone using Locust Grove would
have seen the sign, but if they are coming in on Victory you wouldn't have seen the
sign, because that was an active construction and would have been past the barricades
or the road closure sign. So, we could envision how someone wouldn't have seen the
sign in that case if you are on -- on Victory. So, anyways, I can pull up the code if you
want to look at it line by line, but just following the -- the conversation from last week I'm
here to have that discussion and potential answer any questions you may have.
Simison: Thank you. Council, comments, questions?
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: Just from -- I'm not certain that there is -- there is gaping holes in our existing
code, because that's kind of been my starting point and we provide notice in a variety of
manners. You know, the NextDoor, the supplementary ways to do it is of interest, but
there is -- I think there is always going to be occasions where the anomaly occurs and
roads closed and so I didn't come in to prepare -- preparation for today thinking that
what is going to be the wholesale change to how we provide public notice, because I
didn't accept the premise that it's false -- you know, deficient in any way. Every now and
then something is going to happen and we don't have to throw it out. So, that was my
perspective. I don't have recommendations of additional things to do beyond perhaps
the NextDoor and -- but envision more of a singular focused repository so people
always know they should -- they can look in this one place for notice of what's coming
up, but --just some context.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
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Hoaglun: Yeah. Wanted to get input from Council on this, just because that was -- I
was concerned for the person who spoke last week and it does raise that question,
because, you know, going down Ustick and I look at Black Cat headed north is closed
for quite some time and there is -- if we had an application before us -- it's open to local
use, but, you know, it's one of those things that if it's going to be closed and is it a
process question, Caleb, that may be staff add it to their checklist of -- just to double
check to see if ACHD has a major closure. I think to Councilman Borton's point there
isn't any deficiency in what we require, just the fact that -- and if there is an emergency
and it's closed for a day I don't think that matters, but an application comes forward
where there is -- it's -- it's closed for a significant period of that time how do we rectify
that and -- and just a review of looking at ACHD and their road closures map or those
types of things just to say nothing -- nothing here that we saw and then -- then move on
type of thing. I don't know if that's easy -- easy to do from your process, because there
is a lot of boxes you have to check in that -- those applications, so -- I don't know. I
would like your input on that.
Hood: So, Mr. Mayor, Council President Hoaglun, you know, to your last comment --
our checklist is -- is pretty lengthy, but we do follow it. We are to a point now in that
process where going off of memory just doesn't work, because there is so many steps in
the process. So, I think adding something like that to an SOP isn't out of the question. I
think it is doable. I just -- I hesitate a little bit. Now, again, we can do that, but if we
miss something or something's added to RITA, ACHD's website, that we would go to
and we could just look and see what's scheduled along the roadway in this area and
see if the road's closed or not. If something's added the next day, though, you know, I --
so, we can add that as sort of a best practice, but doesn't guarantee that there won't be
a day or two or three day closure of that ten day window -- now you are talking a third of
the time that -- that someone, in theory, couldn't see the sign. So, again, I'm not averse
necessarily to adding that to our, hey, double check and just see and if you see one,
then, maybe we bring it up. I guess that would be my follow-up question, though. What
if the road is closed? Do we delay the application for a year? Do we say, sorry, we
don't process it for until the road gets opened again? I don't know what the next step is
then and what -- what do we do if we find one and it's like, well, I got this application
that's complete, except for ACHD is going to close the road. So, we would have to have
that part of the conversation then and we can even informally start to look at doing that.
But, again, if -- you know. And we could potentially schedule -- if it's a short closure and
it's, you know, something for the week and they are doing utility work, maybe we can
make that correspond better. But if it's a long term closure -- Black Cat or Locust Grove,
do we put a pause on all development for six months or a year while it's closed? I don't
know the answer.
Simison: And I think some of it might go back to the question of what is the purpose of
the sign and I know there is a code purpose, but does Council view it's for the
neighbors? Does it mean it's for the general traveling commuting public? You know, it
-- because that can help answer that second question is if you are going to say we will
do it even though that road is closed, then, who are you, then, notifying further
potentially with that, if anybody? So, I know some people think that they live two miles
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away and that impacts them and those signs have value, because that's the only way
that they would in theory be -- so, Council Woman Strader.
Strader: Yeah. The only thing I was thinking was probably if you were going to change
something your best chance would be at the time the sign is placed; right? So, if -- if at
the time the sign is placed the road is closed. That seems like a pretty obvious
milestone where you could at least maybe expand the distance that we send, you know,
letters to neighbors. That was my only thinking. But I don't see how you can overcome
it, except for to directly contact people at their home address in the vicinity. I'm not
aware of any other time that this has happened. Are you?
Hood: So, Mr. Mayor, Council Woman Strader, I'm not aware. I would guess it has
happened, though, sometime. Again, the road closure for some length of time anyways.
But I have not -- I'm not aware of the same concern, complaint, whatever -- however
you want to categorize it from the general public. I will -- on your scenario -- and I think
we are trying to get the word out. We are not trying to hide the ball. I think the -- what
would want to call to your attention, though, is the posting is actually the last in that
series of forms of notice we try to provide the public. So, at ten days it's too late, then,
to try to get a letter to somebody and say, hey, we would have thought you could have
saw the sign, but you can't. So, now we are sending it to the clerk. I mean we are
putting a lot of pressure on the clerk to drop everything, get it out the next day by mail.
You are still two, three weekends in there somewhere and the hearing is Tuesday. So,
you know, are you providing them advance notice at that point if we try to mail
something last minute, because the notices that go out to neighbors are done about a
month before the hearing. The newspapers two weeks, which we got that to the
newspaper to put in the newspaper two weeks before that, so --
Simison: Council Woman Strader.
Strader: Yeah. No. Thanks for -- for walking us through that. That makes sense. And
I think what it speaks to is -- or what may be more appropriate is just to look at our
distance that we use in general for notices and I know we go through it periodically, but
just take a look at that again, because this is one of those circumstances that that
generally would mitigate. It feels more appropriate to me to just look at that standard
and take a look at whether that's appropriate, as opposed to trying to set up a specific
set of actions based on a road closure. It sounds like that would be really impractical.
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: Unfortunately I haven't had a chance to review last week's meeting, but I just
wanted to get clarification from Caleb. It's my understanding that the applicant -- you
know, this is -- this is the applicant's responsibility to generally take a photograph of
where the sign is placed and they have to abide by very specific requirements for that
sign placement. So, in my opinion that -- that now becomes -- this is on the applicant in
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my opinion not on the city. If the applicant -- surely whoever is going to be developing
an area knows that there is a road closure. If they haven't that would be super
surprising, because if they own that property they would have gotten noticed, but also,
you know, if they are completed -- potentially start development at some point I just -- I
would be very surprised if an applicant didn't know of a significant road closure. Again,
we are not talking about a couple of days or a water line breaking or something. But in
my opinion this is the applicant's responsibility to make sure that that sign is placed in
an area that's visible and if they are placing it ten days before, then, they need to check
with ACHD -- call ACHD and ask if there is going to be any closures in the next ten days
before that meeting happens and, then, that's another item that has to be verified when
they send that photograph in. Maybe I'm way off base on what the -- what it is that we
are discussing here, but I think I got the picture. So, in my mind this is really an
applicant's responsibility to be -- to be mindful of where that sign goes and whether it
can be seen with obstructions.
Overton: Mr. Mayor?
Simison: Councilman Overton.
Overton: Caleb, the applicant on -- on one of these parcels can only post that sign on
the affected parcel; is that correct?
Hood: Yeah. The -- Mr. Mayor, Councilman Overton, the sign placement is securely on
the land being considered, along each roadway that is adjacent. So, on their property
adjacent to any public right of way.
Overton: And hearing -- talking about past history, it certainly sounds like this is not
something that happens all the time and it does sound like notification to neighbors went
out. The NextDoor notifications went out. People that were on Locust Grove could see
the sign, but it was only certain people that were coming in on Victory that couldn't see
the sign. I don't know what you could have done to an applicant -- or the city in this
case that would have changed that visibility with the limitations that the signage is up on
the property, it's affected all that.
Simison: If I can speak to that. As someone who lives in that area and travels that road
every day to work, you can never see a sign. There is no reason for me -- no
reasonable -- reason why I would have gone beyond the turn point off of Locust Grove,
unless I live in the subdivision up there. So, again, if the purpose of people around
there -- because typically ACHD is tasked to provide local access. So, the people with
local access -- if there is a home adjacent to it they might see it. Not -- not in all
situations from that standpoint and I think their first default is try to always leave any
road open for road construction. Lake Hazel is not passable during the construction this
year. Locust Grove was not passable during construction through certain parts of it.
So, you know, it -- there are parts and times when no one would ever drive by the
property and that's really I think the question for Council is if -- if you are comfortable
with that no one may drive by and see a signpost -- you know, it's like -- it goes back to
Meridian City Council Work Session
August 22,2023
Page 11 of 14
how you -- if you cut down a tree in the forest and no one is there to hear it, did it really
happen? Same thing. You can post it, but if no one else is to ever seen it what's the
point and purpose in that regards. Understanding -- you know, I didn't think about to ask
the question when they came in and say, well, who saw the sign on the property? I was
thinking that the road was closed for that property when they came in in that regards
and so it is a conundrum and I think it's just really what's the comfort level of Council
knowing that you may have an application where people -- if a road ends up afterwords
was closed are you okay with that? You know, instead of playing Monday morning
quarterback, have someone coming in and asking for reconsideration, saying we never
knew, because the sign -- you know, we couldn't get by the road, are you okay with that
concept and, if so, yeah, and, then, legally it's the posting. It's not if anyone ever has to
see it. You know, that's not what the law states. But what's your viewpoint on the
attempt in that regards?
Hood: So, Mr. Mayor, if I can, maybe just a little bit more context -- and your question is
a good one. I -- I have questioned that myself and I think it is more for the general
traveling public along that corridor, although what is really their interest in the
development of that land. If I'm just a commuter by that property what am I going to
come and testify to the Council or Planning and Zoning Commission on. So, I think it's
a little bit broader than a 300 or a 500 or a thousand foot radius maybe, but maybe just
-- or more of a public service type of an announcement that something's going to
happen here. Not necessarily to draw them to a hearing, but if they had some concerns
or history or whatever, it did allow them an opportunity. A couple of things, though, that I
do want to mention and also along the lines of your comments. We do require -- so, ten
days -- the sign has to go up within seven days of the hearing. They have to submit the
photos showing where they placed them and, then, they are up and that they read with
the information that's supposed to be there. We don't have them submit a photo on day
six or day five or four. The wind may have blown it over and we have gotten those
complaints before. Or alleged that the developer put it up, took the picture, and took
them down. May or may not have, I don't know. But we got a picture from them seven
days before. So, there is some things that way that even with these posting that we
verify at a point in time there was a sign up there -- whether people could see it or not
that can be debated. I should just call to your attention a little bit -- and I should have
probably read this at the beginning of my opening remarks, which weren't very good, but
the sign placement part of that -- at the end of it says: In circumstances where placing
signs per the standards listed herein is not practical, the director may identify an
alternative sign placement strategy. So, we have had that from time to time. In fact,
cul-de-sac streets that are stub streets in a subdivision that hasn't even been developed
yet and they are developing the next phase of it, no one can go down there. In fact, it's
still public right of way that's been improved, but there is no one in those subdivisions.
We said, yeah, don't put it there, why don't you put two over here where people are
likely to see it and things like that. So, we have done an alternative sign placement
strategy. It doesn't happen very often and we consult with legal when we do that. But it
happens sometimes where it's like, hey, there is actually this drive over here that may
catch more people's eye than if we put it at this stub street. So, why don't -- why don't
we spend the resources here so we can notify the public, whoever that is -- you know,
Meridian City Council Work Session
August 22,2023
Page 12 of 14
again, the traveling public a little bit larger version -- still within the neighborhood. But,
anyway, so just a couple more things that -- it's not perfect. I don't think it's broken
either. But it may not be perfect, because, again, you could have a hurricane run
through three days before and the sign fell down or -- or whatever. And so we do the
best we can, but that's just a little more --just some more to chew on.
Nary: Mr. Mayor?
Simison: Mr. Nary.
Nary: I was just going to add for some context, I mean the Idaho Code in this particular
arena is pretty archaic and that's why cities have generally enhanced their notification
process, because the Idaho Code doesn't really do much. I mean in the 25 plus years I
have been doing land use law I have never heard one person say I read the notice in
the paper. Never. Ever. The sign is probably the most common method that people do
see it and I understand it. But everything is generally built to within the control of the
applicant. They can control where the sign goes. They can't control if the sign blows
over. They can't control if somebody defaces the sign. They can't control if the road
gets closed. They can't control the weather. So, everything that we place on the
applicant to do are things within their ability to do that. So, again, they could choose
where the sign goes. If we determine that it's not the right spot, like Caleb said, that's
probably been our most common circumstances, say, well, there is two streets here,
one kind of faces the public, the other one faces a dead end street that nobody is ever
going to see it and we tell them add another one the other way. So, we have worked
with folks. This particular one -- again, we have heard that before, I couldn't see it, but
generally it's there. I mean it is there and I think even Councilman Hoaglun commented
last week there were a couple of adjacent neighbors that said they saw the sign. So,
there are certainly adjacent people that did see it, but certainly not everyone. But I think
we do have a system that is working pretty well on most every occasion, because once
we start parsing it out, then, you get really, well, if they do this at P&Z -- I would never
want to do, as Caleb facetiously was saying, is you can't develop because we have to
put a sign up. That's really holding pretty much hostage of a property owner over
something that they can't control. So, I would never suggest you do that. But I think we
have worked with people pretty -- pretty regularly to make sure -- we do the best we can
to make sure they are known and many of these you have got a fairly lengthy process,
which if you are going to Planning and Zoning and, then, coming before you. So, there
is a few month's process of this going on, besides the neighborhood meetings and
everything else.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: Caleb, your language that -- that is in code satisfies it for me. It affords the
discretion for the developer and planning staff, the professionals who most are in the
know at the particular project in this location to address noticing and creating a creative
Meridian City Council Work Session
August 22,2023
Page 13 of 14
solution early in the process as to maybe an alternate location for signs on a very
unique case by case basis. Without defining 19 different parameters and checklists and
boxes, that blanket statement is full of professional trust and it sounds like it's designed
for these rare -- rare scenarios, but fits perfectly and I would trust that our staff has the
ability -- that you understand the intent that we want to be creative when necessary to
afford folks a better chance of getting public notice and that you do just that. Every now
and then we are going to have the sign blow down and the unique circumstance, but it
sounds like to me the language is there and you utilize it appropriately.
Simison: So, maybe putting in the SOP is just a review of known road -- you know,
while I was thinking about this I was thinking about something in the five year work plan
as you are, you know, generally when you are looking at stuff as the basis -- I get it,
there could be a lot more, you know, people can come in and kind of cut something from
a utility and the road can close for three weeks. That kind of the point. The entire time
frame that that sign should be posted could be, you know, six, eight weeks. There is not
a lot of road closures, unless they are a major redo where the entire time frame is that
going to be closed, but, yeah, from my perspective if you are looking at it and you
identify -- yeah, we can put them right where both roads stop where they had them,
people may have seen them, they may have looked at them, then, that's -- if that's --
that discretion within there that could work. But it's just getting people to think about it if
it's an -- an item or not.
Hood: Can I make one more comment? And I think you all are aware of this, but Chris
is awesome, he -- you know, part of -- no one reads the newspaper anymore. Still part
of our process. Still required and we do it. NextDoor probably hits more people, but
education, too. I mean you try to hit 300 -- or 300 or 500 -- we hope that people talk to
their neighbors and they -- hey, did you hear there is an application. You can go testify.
So, word of mouth or grassroots type of thing. But Chris went above and beyond last
week, too, to follow up with this gentleman that was here to say, hey, going forward
here is how -- you know, city's website. We get more hits than the Statesman does.
So, here is how you can access to what our agendas are and it's not that wieldy. It's a
little intimidating at first, but Chris breaks it down and says, hey, tell friends and
neighbors and everybody that cares, you know, here it is. It's pretty easy. A couple
clicks you can see what's on the agenda. So, anyways, just props to him. He is
awesome and, then, followed up with that gentleman and -- anyways, I just wanted to
point that out and let you know he kind of closed the loop with -- with them, too, so --
Simison: Council, anything further? All right. Thank you. Appreciate it.
EXECUTIVE SESSION
18. Per Idaho Code 74-206A (1)(a): To Deliberate on a labor contract offer
or to formulate a counteroffer.
Hoaglun: Mr. Mayor?
Meridian City Council Work Session
August 22,2023
Page 14 of 14
Simison: Councilman Hoaglun.
Hoaglun: I would move that we go into Executive Session per Idaho Code 74-
206A(1)(a).
Borton: Second.
Simison: Have a motion and a second to go into Executive Session. Any -- any --
motion to go into Executive Session. Any questions or comments? Clerk call the roll.
Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea;
Overton, yea.
Simison: All ayes. Motion carries and we will move into Executive Session.
MOTION CARRIED: ALLAYES.
EXECUTIVE SESSION: (5:09 p.m. to 5:49 p.m.)
Hoaglun: Do we have a motion to come out of our Executive Session?
Cavener: Move we come out of Executive Session.
Overton: Second.
Hoaglun: Have a motion to come out of Executive Session. All those in favor signify by
saying aye. Any no's? We are out of Executive Session.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Hoaglun: Do I have a motion to adjourn?
Cavener: I move we adjourn the meeting.
Hoaglun: We have a motion to adjourn. All those in favor signify by saying aye. All
eyes. Motion carries. We are adjourned.
MEETING ADJOURNED AT 5.35 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR ROBERT E. SIMISON 9-5-2023
ATTEST:
CHRIS JOHNSON - CITY CLERK
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Approve Minutes of the August 8, 2023 City Council Work Session
Meridian City Council Work Session
August 8,2023
Page 4 of 4
Hoaglun: Mr. Mayor, I move that we adjourn our work session.
Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The
ayes have it. We are adjourned.
MEETING ADJOURNED AT 5:35 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR ROBERT E. SIMISON 8-22-2023
ATTEST:
CHRIS JOHNSON - CITY CLERK
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Approve Minutes of the August 8, 2023 City Council Regular Meeting
Meridian City Council
August 8,2023
Page 74 of 74
MEETING ADJOURNED AT 10:03 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR ROBERT E. SIMISON 8-22-2023
ATTEST:
CHRIS JOHNSON - CITY CLERK
v IDIAN�
AGENDA ITEM
ITEM TOPIC: Wood Rose Apartments Sanitary Sewer and Water Main Easement No.1
(ESMT-2023-0102)
ADA COUNTY RECORDER Trent Tripple 2023-048495
BOISE IDAHO Pgs=7 ANGIE STEELE 08/23/2023 09:18 AM
CITY OF MERIDIAN, IDAHO NO FEE
'roiect.�':a'aact5[ilztlttiFisitiat)t
WOOD ROSE APARTMENTS
Sinitar r,Sewer&Water',Nbin Easettent Nutttiacr
Wt:vtirythis Easement by sequential number ifProject contains
more;than one easement of this type
(See Insin chess lbr adelifional inlianuation,
ESMT- 23- 102
THIS Easement Agreement, made this22nd day of August, 2023 between Wood Rose
Apartments LP, an Idaho limited partnership, and the City of Meridian, an Idaho Municipal
Corporation ("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-
way across the premises and property hereinafter particularly bounded and described;
and
WHEREAS, the sanitary sewer and water is to be provided for through
underground pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to
time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,
and other good and valuable consideration, the Grantor does hereby give, grant and
convey unto the Grantee the right-of-way for an easement for the operation and
maintenance of sanitary sewer and water mains over and across the following
described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of
sanitary sewer and water mains and their allied facilities, together with their
maintenance, repair and replacement at the convenience of the Grantee, with the free
right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said
Grantee, its 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.
Sanitary Sewer and Water Main Easement Pa-e I Version 04/17/2023
THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any
permanent structures or obstructions within the easement area that would interfere with Grantee's use
of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences,
trees,or deep-rooted shrubs.
THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-way and
easement hereby granted shall become part of, or lie within the boundaries of any public street, then,
to such extent, such right-of-way and easement hereby granted which lies within such boundary
thereof or which is a part thereof, shall cease and become null and void and of no further effect
and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and
possessed of the aforementioned and described tract of land, and that Grantor has a good and lawfi.tl
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 trade herein shall be binding upon Grantor's successors,
assigns, heirs,personal representatives,purchasers, or transferees of any kind.
IN WITNESS WHEREOF,the said parties ofthe first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
WOOD ROSE APARTMENTS LP,
an Idaho limited partnership
By: WR Apartments, Inc.,
an Idaho corporation,
its General Partner
Q :
Y 6�� Aj"a��
-
Name: Erin Anderson
Its: Director
State of Idaho )
):ss
County of Ada )
On this !t+ day of-AU wk 2023 before me,a Notary Public in and for said State,personally appeared ERIN
ANDERSON known or idc4pfied to the to be the Director of WR Apartments,Inc.,an Idaho corporation,the General
Partner of Wood Rose Apartments LP,an Idaho limited partnership,and acknowledged to me that she executed said
instrument on behalf of said limited partnership and acknowledged to me that such limited partnership 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.
. .••''`�riY BHA�'
•,+
%y��'s
j' Notary Public f<
• �' ; Residing at:
UBL1G My Commission Expires:
'•.,��,q .....104,•••.••
Sanitary Sewer eui1M'�asement Pale 2 Version 04i 17,%2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 8-22-2023
Attest by Chris Johnson, City Clerk 8-22-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me this 22nd day of August , 2023 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:
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
WOOD ROSE APARTMENTS
SANITARY SEWER AND WATER EASEMENT
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land being a portion of the SW 1/4 Section 36, T. 4N, R.1 W, Boise-Meridian, City of
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at an aluminum cap at the W 1/16 corner of said Section 36 from which the SW 1/4
corner bears N88042'44"W a distance of 1,331.44 feet; thence on the 16th line N00020'32"E a
distance of 254.84 feet to the Point of Beginning;thence continuing on said 1/16th line N00020'32"E
a distance of 20.00 feet; thence
S89115'26"E a distance of 78.15 feet; thence
N00°00'03"W a distance of 7.25 feet; thence
N90100'00"E a distance of 15.51 feet; thence
S21100'15"E a distance of 5.39 feet; thence
N68153'06"E a distance of 50.55 feet; thence
S70046'23"E a distance of 40.16 feet;thence
N23058'59"E a distance of 17.91 feet; thence
S66101'01"E a distance of 20.00 feet;thence
S23058'59"W a distance of 16.25 feet;thence
S70146'23"E a distance of 13.46 feet;thence
S61°29'43"E a distance of 65.37 feet;thence
N35143'48"E a distance of 13.79 feet; thence
S54116'12"E a distance of 12.57 feet; thence
N40116'11"E a distance of 1.49 feet; thence
S49143'49"E a distance of 15.00 feet; thence
S40116'1 VW a distance of 14.00 feet; thence
S48134'04"E a distance of 73.60 feet; thence
N46143'39"E a distance of 16.45 feet; thence
S43116'21"E a distance of 20.00 feet; thence
S46143'39"W a distance of 35.54 feet;thence
N45111'12"W a distance of 16.33 feet;thence
S48118'39"W a distance of 43.12 feet;thence
S01116'34"W a distance of 77.96 feet;thence
S88144'54"E a distance of 54.31 feet; thence
S02105'30"W a distance of 10.76 feet to a point on the Right of Way line of Ustick Road; thence on
said Right of Way line N88142'44"W a distance of 84.15 feet; thence leaving said Right of Way line
N01116'34"E a distance of 99.72 feet;thence
N41°42'27"E a distance of 43.61 feet; thence
N48134'04"W a distance of 51.39 feet; thence
N61030'01"W a distance of 71.94 feet; thence
N70146'23"W a distance of 41.66 feet: thence
S01116'32"W a distance of 4.54 feet;thence
N88°43'28"W a distance of 10.00 feet; thence
N01°16'32"E a distance of 7.78 feet; thence
N70°46'23"W a distance of 23.77 feet; thence
S68°58'04"W a distance of 21.00 feet; thence
S21°00'15"E a distance of 6.49 feet; thence
S01°11'31"W a distance of 85.20 feet;thence
S46°01'24"W a distance of 27.23 feet; thence
N43°58'36"W a distance of 20.00 feet;thence
N46°01'24"E a distance of 18.98 feet; thence
N01°11'31"E a distance of 73.02 feet; thence
N21°00'15"W a distance of 3.53 feet; thence
N89°15'26"W a distance of 89.91 feet to the Point of Beginning.
The above described parcel contains 18,191 Square Feet, more or less.
See Exhibit B,attached hereto and made part hereof.
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AGENDA ITEM
ITEM TOPIC: Foxcroft Subdivision No. 1 Pedestrian Pathway Easement (ESMT-2023-0107)
ADA COUNTY RECORDER Trent Tripple 2023-048490
BOISE IDAHO Pgs=6 ANGIE STEELE 08/23/2023 09:17 AM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name(Subdivision):,
Foxcroft Subdivision no 1
ESMT-2023-0107 PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made this 22nd day of August, 2023, between Challenger Development Inc
hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal
corporation,hereinafter referred to as "Grantee";
WITNESSETH:
WHEREAS, Grantor is the owner ofreal property on portions of which the City of Meridian
desires to establish a public pathway; and
WHEREAS, the Grantor desires to grant an easement to establish a public pathway
and provide connectivity to present and future portions ofthe pathway; and
WHEREAS, Grantor shall construct the pathway improvements upon the easement
described herein; and
NOW, THEREFORE, the parties agree as follows:
THE GRANTOR does hereby grant unto the Grantee an easement on the following property,
described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated
herein.
THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway
easement for multiple-use non-motorized recreation, with the free right of access to
such facilities at any and all times.
TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns
forever.
THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any
permanent structures or obstructions within the easement area that would interfere with
Grantee's use of said easement, including, but not limited to, buildings, trash
enclosures, carports, sheds, fences, trees,or shrubs.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that the Grantor shall repair and maintain the pathway improvements.
THE GRANTOR hereby covenants and agrees with the Grantee that should any part of
the easement hereby granted become part of, or lie within the boundaries of any public
street,
Pedestrian Pathway Easement Page 1 Version 04/17/2023
then, to such extent such 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 it is lawfully seized
and possessed of the aforementioned and described tract of land, and that it has a good and
lawful right to convey said easement, and that it will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day
and year first hereinabove written.
GRANTOR:
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on date) by Corey D Barton
(name of individual), [complete the following if signing in a representative capacity, or strike
the following if signing in an individual capacity] on behalf of Challenger Development Inc
(name of entity on behalf of whom record was executed), in the following representative
capacity: President (type of authority such as officer or trustee)
(stamp) A&6,�,
Notary Signature
ADAIR KOLTES My Commission Expires: 10—a5- BOA
Notary Public- State of Idaho
Commission Number30052
My Commission Expires 06-05-2026
Pedestrian Pathway Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 8-22-2023
Attest by Chris Johnson, City Clerk 8-22-2023
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 8-22-2023 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk,respectively.
(stamp)
Notary Signature
My Commission Expires: 3-28-2028
Pedestrian Pathway Easement Page 3 Version 04/17/2023
Exhibit A
Description for
Pathway Easement
Foxcroft Subdivision No. 1
July 27, 2023
A portion of the North 1/2 of the Southeast 1/4 of Section 10, Township 3 North,
Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly
described as follows.-
Commencing at the Center 1/4 corner of said Section 10 from which the East
1/4 corner of said Section 10 bears, South 89°36'02" East, 2655.68 feet; thence on the
east-west centerline of said Section 10, South 89036'02" East, 853.72 feet to the
northerly extension of the easterly boundary line of Chesterfield Subdivision No. 4 as
filed in Book 112 of Plats at Pages 16216 through 16218, records of Ada County,
Idaho; thence on said easterly boundary line and the northerly extension thereof, South
17°25'33" East, 28.36 feet to southerly right-of-way line of W. Pine Avenue and the
POINT OF BEGINNING;
thence on said southerly right-of-way line, South 89036'02" East, 21.01 feet;
thence leaving said southerly right-of-way line, South 17025'33" East, 162.50
feet;
thence South 22044'42" East, 83.10 feet;
thence South 19021'27" East, 94.43 feet;
thence South 25023'24" East, 121.66 feet;
thence South 39020'28" East, 97.51 feet;
thence South 39043'48" East, 74.80 feet;
thence 20.94 feet along the arc of curve to the left having a radius of 13.00 feet,
a central angle of 92017'20" and a long chord which bears South 85°52'28" East, 18.75
feet;
thence North 47058'52" East, 68.65 feet;
thence South 45026'50" East, 50.75 feet;
thence South 46053'43" East, 285.69 feet;
thence South 34058'15" East, 113.76 feet \�Np,L LAND
EN F
thence South 88°51'42" East, 564.63 feet to the
southwesterly boundary line of Mile High Pines a 11779 0
Subdivision as filed in Book 123 of Plats at Pages
19602 through 19606, records of Ada County, Idaho; `���f r',+� )
�0 9T F OF
YM MCCN
Page l of 2
thence on said southwesterly boundary line, South 42052'02" East, 27.81 feet
to the north right-of-way line of the Oregon Short Line Railroad;
thence on said north right-of-way line, North 88051'42" West, 594.12 feet;
thence leaving said north right-of-way line, North 34058'15"West, 121.83 feet;
thence North 46053'43" West, 283.85 feet;
thence North 45°26'50" West, 32.16 feet;
thence South 47058'52" West, 63.63 feet;
thence North 88052'12" West, 26.89 feet to the easterly boundary line of said
Chesterfield Subdivision No. 4;
thence on said easterly boundary line the following seven (7) courses and
distances:
North 45026'50" West, 1.76 feet;
North 39043'48" West, 89.05 feet;
North 39°20'28" West, 100.02 feet;
North 25023'24" West, 125.16 feet;
North 19021'27" West, 94.89 feet;
North 22°44'42" West, 83.44 feet;
North 17025'33" West, 169.86 feet to the POINT OF BEGINNING.
Containing 35,282 square feet or 0.81 acres, more or less.
End of Description.
\ONK, LqN,0
�GENS�c SG
1 779
u'�7
�0 OF
�yM. M CC PN`�
Page 2 of 2
EXHIBIT B
BASIS OF BEARING
S89'36'02"E 2655.68. ' ''••' •• •• .
853.72' L2 _ _ _ m 1801.95' 1/4
C 14 L1
/ y W. Pine Ave.----cN — SAO S.11
S A O -� rn
Point of N N
Beginning Lpi,',p,
N17'25'33"W S224442E
169.86' 83.10' C
N22'44'42"W S19'21'27"E
83.44' 94.43' z
J'C�ir� N19'21'27"W S252324"E
-A
94.89' 121.66'
o f I MILE HIGH
S39'20'28"E PINES SUB.
N25'23'24"W 97.51'
125.16' 1
C1 CHALLENGER
N39'20'28"W �tx CS DEVELOPMENT _
100.02' INC.
N39'43'48"W L9 `r-��d'S
89.05'
L10 L8 times. S�R69,
sue, �'• p CHALLENGER
DEVELOPMENT
19S\ INC.
S34'58'15"E o
N34'58'15"W 113.76' o
121.83'\ S88'51'42"E 564.63'
1-7
N88'51'42"W 594.12'
OREGON SHORT LINE RAILROAD
LINE TABLE
\O�NL LANs LINE BEARING LENGTH
�\GENS,B. L1 S17'25'33"E 28.36
��r G
O 0 N L2 S89'36'02"E 21.01
1 779 0 Scale: 1"=200
7 L3 S39'43'48"E 74.80
/ P0
0 50 100 200 400 L4 N47'58'52"E 68.65
YM MCC AN`� L5 S45'26'50"E 50.75
L6 S42'52'02"E 27.81
L7 N45'26'50"W 32.16
CURVE TABLE LS S47'58'52"W 63.63
CURVE LENGTH RADIUS DELTA CHORD BRIG. CHORD DIST. L9 N88'52'12"W 26.89
C1 20.94 13.00 92'17'20" S85'52'28"E 18.75 L10 N45'26'50"W 1.76
7
EXHIBIT DRAWING FOR JOB NO.
IDAHO 2,
PATHWAY EASEMENT ET N
B
SURVEY
BOI W EMERALD ST SE,IDAHO Ba70a SHEET 0.
(208)846-8570 FOXCROFT SUBDIVISION NO. 1 1
GROUP LLC A PORTION OF THE NI/2 OF THE SE1/4 OF SECTION 10, T.3N., R.1W., B.M., DWG. DATE
CITY OF MERIDIAN, ADA COUNTY, IDAHO 7/11/2023
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Lennon Pointe Subdivision Sanitary Sewer and Water Main Easement (ESMT-
2023-0097)
ADA COUNTY RECORDER Trent Tripple 2023-048491
BOISE IDAHO Pgs=10 ANGIE STEELE 08/23/2023 09:17 AM
CITY OF MERIDIAN, IDAHO NO FEE
Lennon Pointe Subdivision
ESMT-2023-0097
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this22ndday of August 20 23 between
Lane Development LLC ("Grantor") and the City of Meridian,an Idaho Municipal
Corporation("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-
way across the premises and property hereinafter particularly bounded and described;
and
WHEREAS, the sanitary sewer and water is to be provided for through
underground pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to
time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,
and other good and valuable consideration, the Grantor does hereby give, grant and
convey unto the Grantee the right-of-way for an easement for the operation and
maintenance of sanitary sewer and water mains over and across the following
described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of
sanitary sewer and water mains and their allied facilities, together with their
maintenance, repair and replacement at the convenience of the Grantee, with the free
right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said
Grantee, its 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.
Sanitary Sewer and Water Main Easement Page I Version 04/17/2023
THE GRANTOR covenants and agrees that Grantor shall not place or allow to be
placed any permanent structures or obstructions within the easement area that would
interfere with Grantee's use of said easement, including, but not limited to, buildings, trash
enclosures,carports,sheds,fences,trees,or deep-rooted shrubs.
THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any
public street, then, to such extent, such right-of-way and easement hereby granted which
lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized
and possessed of the aforementioned and described tract of land, and that Grantor has a
good and lawful right to convey said easement, and that Grantor will warrant and forever
defend the title and quiet possession thereof against the lawful claims of all persons
whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's
successors,assigns,heirs,personal representatives,purchasers,or transferees of any kind.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR: Lane Development LLC
Member
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 1q (date) by ;�1cKson L-ape
(name of individual), [complete the fallowing if signing in a representative capacity, or strike
the following if signing in an individual capacity] on behalf of Lane Development LLC
(name of entity on behalf of whom record was executed), in the following representative
capacity: Member (type of authority such as officer or trustee)
(stamp)
KRISTIN CAUDILL otary Signature
Not=:-:ry Public-State of Idaho My Commission Expires:
C,'Jmmission Number 33817
My Commission Expires 06-30-2027
Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 8-22-2023
Attest by Chris Johnson, City Clerk 8-22-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 8-22-2023 (date) by
Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in
their capacities as Mayor and City Clerk,respectively.
(stamp)
Notary Signature
My Commission Expires: 3-28-2028
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
JHMH
engineering
EXHIBIT A
SEWER & WATER EASEMENT
Lennon Pointe Subdivision
City of Meridian Water & Sewer Easement Legal Description
A strip of land situate in the North 112 of the West 112 of Government Lot 4 in Section 1, Township 3
North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly
described as follows:
COMMENCING at the Northwest corner of Section 1 as described in Corner Record Instrument No.
109109699, from which the West 1/4 corner as described in Corner Record Instrument No. 108044955
bears, South 00'01'03" East, 2699.19 feet; thence South 00'01'03" East, 683.16 feet to the southerly
boundary of the North 1/2 of the West 1/2 of Government Lot 4; thence along said boundary, South
88'59'01" East, 73.98 feet to the easterly right-of-way for N. Linder Road monumented by a 5/8-inch
bar with cap PLS11463; thence continuing along said boundary, South 88°59'01" East, 342.71 feet to
the westerly right of way for N. Zion Park Ave.;thence along said right of way, North 00°36'53" East,
26.20 feet; thence continuing along said right of way on the arc of a non-tangent curve to the right
45.40 feet, having a radius of 73.51 feet, a central angle of 35'23'15" and subtended by a chord
bearing North 18'08'12" East, 44.68 feet to the POINT OF BEGINNING;
Thence North 37'03'03" West, 10.34 feet; Thence North 89*57'15" West, 146.96 feet; Thence North
45'09'38" West, 39.44 feet; Thence North 00°09'56" West, 48.18 feet; Thence North 89'57'15" West,
12.50 feet;Thence North 00°12'26" East, 119.32 feet; Thence North 89'57'15" West, 17.60 feet;
Thence North 00'02'45" East, 20.00 feet; Thence South 89'57'15" East, 17.65 feet; Thence North
00'12'26" East, 33.13 feet; Thence North 89°57'15" West, 17.75 feet; Thence North 00'02'45" East,
20.00 feet; Thence South 89°57'15" East, 17.80 feet; Thence North 00°12'26" East, 33.83 feet;
Thence North 89'57'15" West, 17.90 feet; Thence North 00°02'45" East, 20.00 feet; Thence South
89057'15" East, 17.96 feet; Thence North 00*12'26" East, 16.68 feet; Thence South 89'59'45" East,
32.93 feet; Thence North 45'02'32" East, 15.70 feet; Thence South 89°56'42" East, 60.10 feet;
Thence North 45'02'31" East, 12.49 feet; Thence North 00*02'30" East, 16.57 feet; Thence North
43*44'22" West, 70.40 feet; Thence North 89'32'36" West, 89.66 feet; Thence North 00°27'24" East,
42.93 feet; Thence South 89'18'18" East, 40.15 feet; Thence South 00'43'10" West, 10.00 feet;
Thence South 89'18'18" East, 65.44 feet; Thence South 43'18'37" East, 65.55 feet; Thence South
89'04'42" East, 112.26 feet; Thence North 01'16'58" East, 47.89 feet; Thence North 88°43'02" West,
90.73 feet;Thence North 01'16'58" East, 20.00 feet; Thence South 88`43'02" East, 90.66 feet;
Thence North 01'16'58" East, 21.31 feet; Thence North 88'43'02" West, 14.08 feet; Thence North
01016'58" East, 20.00 feet; Thence South 88'51'10" East, 25.25 feet; Thence North 45°00'00" West,
57.08 feet; Thence South 88043'02" East, 29.01 feet; Thence South 44'57'50" East, 58.01 feet;
Thence South 00°02'30" West, 16.97 feet; Thence North 89*57'30" West, 6.85 feet; Thence South
00'02'30" West, 23.59 feet; Thence South 88°43'02" East, 87.85 feet; Thence South 01°16'58" West,
20.00 feet; Thence North 88°43'02" West, 87.42 feet; Thence South 00'02'30" West, 19.92 feet;
Thence South 89°57'30" East, 5.13 feet; Thence South 00'02'30" West, 20.00 feet; Thence North
680 S. Progress Ave., Suite #213 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-Ilc.com
Equal Opportunity Employer
EXHIBIT A
SEWER & WATER EASEMENT
89°57'30" West, 5.13 feet; Thence South 00°02'30" West, 8.88 feet; Thence South 76°31'53" East,
30.80 feet to the westerly right of way for N. Zion Park Ave and the northerly right of way for W.
Pebblestone Dr and POINT 'A';
Thence along said westerly right of way on the arc of a non-tangent curve to the left 38.62 feet, having
a radius of 73.50 feet, a central angle of 30°06'25" and subtended by a chord bearing South 39°32'47"
West, 38.18 feet;
Thence North 77°26'58" West, 34.34 feet; Thence North 89°11'19" West, 101.90 feet; Thence South
00°00'00" East, 60.74 feet; Thence North 89°59'45" West, 112.40 feet; Thence South 00002'57" West,
30.21 feet; Thence South 89°57'15" East, 7.69 feet; Thence South 00°02'45" West, 20.00 feet;
Thence North 89°57'15" West, 7.68 feet; Thence South 00°00'35" West, 34.00 feet; Thence South
89°57'15" East, 7.66 feet; Thence South 00°02'45" West, 20.00 feet; Thence North 89°57'15" West,
7.64 feet; Thence South 00°00'35" West, 34.00 feet; Thence South 89°57'15" East, 7.62 feet;
Thence South 00°02'45" West, 20.00 feet; Thence North 89°57'15" West, 7.61 feet; Thence South
00°00'35" West, 34.00 feet; Thence South 89°57'15" East, 7.59 feet; Thence South 00°02'45" West,
46.00 feet; Thence North 89°57'15" West, 7.56 feet; Thence South 00°00'35" West, 37.55 feet;
Thence South 45°09'38" East, 32.91 feet; Thence South 89°57'15" East, 173.22 feet; Thence South
58°51'21" West, 16.38 feet to westerly right of way for N. Zion Park Ave.;
Thence along said westerly right of way on the arc of a non-tangent curve to the left 29.29 feet, having
a radius of 73.51 feet, a central angle of 22°49'42" and subtended by a chord bearing South 47°14'40"
West, 29.09 feet to the POINT OF BEGINNING.
TOGETHER WITH:
BEGINNING at the northerly right of way for W. Pebblestone Dr and POINT 'A'; thence along said
northerly right of way on the arc of a non-tangent curve to the right 46.35 feet, having a radius of
73.50 feet, a central angle of 36°07'48" and subtended by a chord bearing South 72039'54" West, 45.58
feet; thence South 89°16'12" East, 55.51 feet to the POINT OF BEGINNING 'A':
Thence North 00°37'20" East, 15.84 feet; Thence South 89°41'55" East, 24.04 feet to the easterly
boundary of the North 1/2 of the West 1/2 of Government Lot 4;
Thence along said boundary, South 00024'05" West, 16.03 feet to the northerly right of way for W.
Pebblestone Dr; Thence along said right of way, South 89°16'12" East, 24.20 feet to POINT OF
BEGINNING 'A'.
Containing 40,121 square feet more or less.
The sidelines of this easement are 10-feet left, right or beyond the sanitary sewer lines and manholes,
the water lines, valves, meters, and hydrants. These objects are serving as monuments to this
easement.
N
Prepared by:
Ronald M. Hodge, PLS 0. 8575
Survey Department Manager (7(o-Z6"
RMHAk 4/I \�P
p OF V
y4� D M.
680 S. Progress Ave., Suite #26 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-Ilc.com
Equal Opportunity Employer
EXHIBIT B N
SEWER & WATER EASEMENT ° ,s E s
rL
857
(p
/—Point of �O -V \oP C7�
/ Commencement ti OF Q
35 36 �� M . N�
t2 1 Corner Record
2015-041317 W- USTICK ROAD
1
O 2
E. — . _ . S � Point f
N Begin ing'A'
Point'A'
CG
Q W_ PEBBLE—_
p{� STONE [DR-
W. PEBBLESTONE DR. (PRIVATE) 31 z
O PR I / SSA
zo
LL O W 10 29 W> o
> O a
m O 11 0 Q 4
rn � W
s
N O 12 27 O U
C� c
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7 N
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o Z zs u
p0 Z �G_i 15 �24 0 O Y
Z 1 16 23 N O U
�� 17 O 22 Z- 10
11 m
O 18 19 20 21
Iz 12
W. SINDON LN. 13
Q� (PRIVATE) i
r" 14
Point of Beginning
i
14 O O 14
4 15 16 17
73.98' 342.71'
10'Witness Corner S88°59'01' IL51118
0
PL511463 Creaso Creek Subdivision No.
C
N
0sr IGO
Corner Record SCALE: 1 "= 100'
2 1 108044955
Sheet 1 of 5 IIMH ENGINEERING
Water Easement.dwg (208) 342-7957
EXHIBIT B
SEWER & WATER EASEMENT
L58 12
L43
N r � L O 13
�• I 26
W l0
J
L41
i Q L62 14
/_ 2
m fl Z 64 24
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zI
Z70
.
\`�Q
A'P \ S89°57'15"E 173.22'
\ PR PR PR-
�Ps \ %A/ %AI Ini WK-Z7
W. SINDON LN. (PRIVATE)
,off . . . _ . _ . _ . _ . _ . — . — . — . — . — . — .N89°57'15"W 146.96'S T PR PR PR PRa �575 oPoint of Beginning'bG ZyZ3Q
���g9TF OF
<p M N Q 14
342.71' J Z
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1
PLS1118 7
N
Z
0 0
SCALE: 1 "= 40'
Sheet 2 of 5 I yffl ENGINEERING
Water Easement.dwg (208) 342-7957
EXHIBIT B
SEWER & WATER EASEMENT
E
a N 8575,Z o B
0,L rF OF
,y�D M Np
588°43'02"E 90.66'
\ 589°18'18"E 40.15' N
s ss
O1 S89°18'18"E 65.44'
-'L . — . — . — . — . . . . L . — . — . — . . . — — _
w
. f N88°43'02"W 90.66'
NI W
a
P�ji
N89°32'36"W 89.66' 589°04'42"E 112.26'EBBLESTONE OR.
0 (PRIVATE)
o N89°12'32"W 101.89'
O OLD
PR 589°56'42"E 60.10'
� to
L33 PR M ?- I o 31
W. PEBBLESTONE Nr DR. (PRIN, TE) O
PR Lbl S SS SS S I
o r PFN89°59'45"W 112.40
J I 30
O cnLn
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L49 of
154 10
co—QLn
29
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L58 12
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Sheet 3 of 5 HN4H ENGINEERING
Water Easement.dwg (208) 342-7957
EXHIBIT B
� o
SEWER & WATER EASEMENT
s r
8575
N db Zl c
ZSr
�OiL 9T F OF
9� M NO
L17
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-1 m N
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S88°43'02"E 90.66' —mom I I N 588°43'02"E 87.85'
,- — — - - — - - � L . _ _ _
—1. —I
J S SS SS S SSLn
L . — . — . — . . . — — — — J LJ
N88°43'02"W 90.66' _ I
N88°43'02"W 87.42' —
J
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co `4 L27
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o 1 � I J Point'A' Point of
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S89°04'42"E 112.26' J o
PR — — — — — —FR' L29 C2 L2 IL7
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—�� S SS SS
N89°12'32"W 101.89'P t38
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o Q O
Z
SCALE: 1 "= 40'
N
Sheet 4 of 5 I•EVIH ENGINEERING
Water Easement.dwg z (208) 342-7957
EXHIBIT B
SEWER & WATER EASEMENT
Line Table Line Table Line Table Line Table
L# Len Direction L# Len Direction L# Len Direction L# Len Direction
L1 26.20 SO'36'53"W L18 46.00 SO'02'45"W L35 39.44 N45'09'38"W L52 16.68 N0'12'26"E
L2 55.51 S89'16'12"E L19 58.01 S44'57'50"E L36 16.38 S58'51'21"W L53 30.21 SO'02'57"W
L3 25.25 S88'51'10"E L20 12.49 S45'02'31"W L37 34.00 SO'00'35"W L54 7.69 S89'57'15"E
L4 15.84 NO'37'20"E L21 16.57 SO'02'30"W L38 34.24 N77'24'58"W L55 20,00 SO'02'45"W
L5 24.04 S89'41'55"E L22 16.97 SO'02'30"W L39 10.34 N37'03'03"W L56 7.85 N89'57'15"W
L6 16.03 SO'02'45"W L23 6.85 N89'57'30"W L40 12.50 N89'57'15"W L57 34.00 S0'14'02"W
L7 24.20 N89'16'12"W L24 23.59 SO'02'30"W L41 17,60 N89'57'15"W L58 7.96 S89'57'15"E
L8 15.70 S45'02'32"W L25 20.00 S116'58"W L42 20.00 NO'02'45"E L59 20.00 SO'02'45"W
L9 37.55 SO'00'35"W L26 19.92 SO'02'30"W L43 17.65 S89'57'15"E L60 7.64 N89'57'15"W
L10 7,56 N89'57'15"W L27 5.13 N89'57'30"W L44 33.13 N012'26"E L61 34.00 SO'00'35"W
L11 10,00 NO'43'10"E L28 20.00 SO'02'30"W L45 17.75 N89'57'15"W L62 7.62 S89'57'15"E
L12 20.00 N1'16'58"E L29 5.13 S89'57'30"E L46 20.00 NO'02'45"E L63 20.00 SO'02'45"W
L13 21.31 N1'16'58"E L30 8.88 SO'02'30"W L47 17.80 S89'57'15"E L64 7.61 N89'57'15"W
L14 14.08 N88'43'02"W L31 30.80 N76'31'53"W L48 33.83 NO'12'26"E
L15 20.00 N1I6'58"E L32 7.59 S89'57'15"E L49 17.90 N89'57'15"W
L16 57.08 S45'00'00"E L33 32.93 S89'S9'45"E L50 20.00 NO'02'45"E
L17 29.01 S88'43'02"E L34 32.91 S45'09'38"E L51 17.96 S89'57'15"E
Curve Table
C# Length Radius Delta Chd Len Chd Brg
C1 45.40 73.51 35*23'15" 44.68 S18'08'12"W
C2 46.35 73.50 36'07'48" 45.58 S72'39'54"W
C3 38.62 73,50 30'06'25" 38.18 S39'32'47"W
C4 29.29 73.51 22'49'42" 29.09 S47'14'40"W
LEGEND
Subdivision Boundary
Section Line p
Sewer-Water Easement Line �� G g T R s
Lot Lines
PR PR Private Road Easement Line
Tie Line
8575 o.
O Survey Monuments Z�
�eG•2�' z
�0 9TF OFIk
Sheet 5 of 5 IMI ENGINEERING
Water Easement.dwg (208) 342-7957
V IDIAN�
AGENDA ITEM
ITEM TOPIC: St. Lukes Consolidated Service Center Sanitary Sewer and Water Main
Easement No. 1 (ESMT-2023-0111)
ADA COUNTY RECORDER Trent Tripple 2023-048492
BOISE IDAHO Pgs=7 VICTORIA BAILEY 08/23/2023 09:17 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0111 St.Lukes Consolidated Service Center
Sanitary Sewer and Water Main Easement No.1
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this22nd day of August 2023 between
ATSAW SL LLC ("Grantor") and the City of Meridian,an Idaho Municipal
Corporation("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-way
across the premises and property hereinafter particularly bounded and described;and
WHEREAS, the sanitary sewer and water is to be provided for through
underground pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and
other good and valuable consideration, the Grantor does hereby give, grant and convey
unto the Grantee the right-of-way for an easement for the operation and maintenance
of sanitary sewer and water mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of
sanitary sewer and water mains and their allied facilities, together with their
maintenance, repair and replacement at the convenience of the Grantee, with the free right
of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee,
its 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, nor shall Grantee be responsible for repairing, replacing or restoring the Fencing as
defined below and depicted in Exhibit C,which is attached hereto and incorporated herein.
Sanitary Sewer and Water Main Easement Page 1 Version 04/17/2023
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 ("Easement Area"), which would interfere with the use of said easement, for the purposes stated
herein.Notwithstanding the foregoing,Grantor shall be authorized to place certain fencing("Fencing") within
the Easement Area as depicted in Exhibit C,but if Grantee determines,in its sole discretion,that some or all of
the Fencing must be removed to provide acceptable access to the Easement Area to make repairs or perform
other work, Grantee shall be authorized to remove the Fencing and Grantor shall be solely responsible for
repairing,replacing or restoring the Fencing.Grantee shall,to the extent practicable,provide reasonable notice to
Grantor prior to removing the Fencing,but need not provide prior notice in the case of an emergency.
THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-way and easement
hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent,
such right-of-way and easement hereby granted which lies within such boundary thereof or which is a
part thereof, shall cease and become null and void and of no further effect and shall be completely
relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed
of the aforementioned and described tract of land, and that Grantor has a good and lawful right to
convey said easement, and that Grantor will warrant and forever defend the title and quiet possession
thereof against the lawful claims of all persons whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,assigns,
heirs,personal representatives,purchasers,or transferees of any kind.
IN WITNESS WHEREOF,the said parties of the first part have hereunto subscribed their signatures the day
and year first herein above written.
GRANTOR:
STATE OF WASHINGTON )
} ss
County of Spokane )
This record was acknowledged before me on 7 0 o3 (date) by
Aaron R Lake (name of individual), [complete the folloil ing if signing in a
representative capacity, or strike the following if signing in an individual capacity] on
behalf of ATSAw sL LLc (name of entity on behalf of whom record was
executed), in the following representative capacity:Manager (type of
authority such as officer or trustee)
�,���tN111111i!
GARD
04 +0
r 12387 %
Nota Signature
N 4 \C, w a= My ommission x ires: T-1 q-zo?7
�f = O
Sanitary Sewer and� t��asernent Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 8-22-2023
Attest by Chris Johnson, City Clerk 8-22-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 8-22-2023 (date) by
Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in
their capacities as Mayor and City Clerk,respectively.
(stamp)
Notary Signature
My Commission Expires: 3-28-2028
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
`� LEGAL DESCRIPTION
0 T H E Page 1 of 2
LAN D
GROUP
June 19, 2023
Project No. 122155
EXHIBIT A
ATSAW SL, LLC—BLACK CAT PROJECT
BUILDING D-SEWER/WATER EASEMENT
An easement located in the Southeast Quarter of the Northeast Quarter of Section 16,Township 3 North,
Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as
follows:
Commencing at the Section Corner common to Sections 9, 10, 15 and 16 of said Township 3 North, Range
1 West, (from which point the East One Quarter Corner of said Section 16 bears South 00' 43' 09" West,
2657.26 feet distant);
Thence from said Section Corner, South 00' 43' 09" West, a distance of 1394.07 feet on the East line of
said Section 16;
Thence North 89°23'16"West, a distance of 25.00 feet to the POINT OF BEGINNING;
Thence South 00'43'09" West, a distance of 30.00 feet;
Thence North 89° 23' 16" West, a distance of 407.99 feet;
Thence South 00° 29'07" West, a distance of 23.41 feet;
Thence South 89° 30' 53" East, a distance of 10.00 feet;
Thence South 00° 29'07" West, a distance of 20.00 feet;
Thence North 89° 30' 53" West, a distance of 10.00 feet;
Thence South 00° 29'07" West, a distance of 334.96 feet;
Thence South 89° 30' 53" East, a distance of 10.37 feet;
Thence South 00° 29'07" West, a distance of 20.00 feet;
Thence North 89° 30' 53" West, a distance of 10.37 feet;
Thence South 00° 29'07" West, a distance of 331.00 feet;
Thence South 89° 30' 55" East, a distance of 11.38 feet;
Thence South 00° 29'07" West, a distance of 20.00 feet;
Thence North 89' 30' 55" West, a distance of 11.38 feet;
Thence South 00' 29' 07" West, a distance of 275.75 feet to a point on the southerly boundary
line of Parcel "B", as shown on ROS No. 13698 of Ada County Records;
Thence North 89' 16' 51" West, a distance of 20.00 feet on said southerly boundary line;
Thence North 00' 29' 07" East, a distance of 273.69 feet;
Thence North 89' 30' 53" West, a distance of 10.00 feet;
Thence North 00' 29' 07" East, a distance of 751.42 feet;
Thence North 89' 23' 16" West, a distance of 383.71 feet;
Thence South 00° 36'44"West, a distance of 16.49 feet;
Thence North 89' 23' 16" West, a distance of 20.00 feet;
Thence North 00' 36' 44" East, a distance of 16.49 feet;
Thence North 89' 23' 16" West, a distance of 19.81 feet;
Thence South 00' 29'09"West, a distance of 209.55 feet;
Thence South 04'04'06"West, a distance of 284.81 feet;
Thence South 85' 55' 54" East, a distance of 18.45 feet;
462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com
Page 2 of 2
Thence South 04°04' 06" West, a distance of 20.00 feet;
Thence North 85' 55' 54" West, a distance of 18.45 feet;
Thence South 04°04' 06" West, a distance of 95.19 feet;
Thence South 00° 29' 06" West, a distance of 158.21 feet;
Thence South 89°30' 53" East, a distance of 74.01 feet;
Thence South 00° 29' 04" West, a distance of 20.00 feet;
Thence North 89' 30' 53" West, a distance of 74.01 feet;
Thence South 00° 29' 06" West, a distance of 42.17 feet;
Thence South 89°30' 54" East, a distance of 39.51 feet;
Thence South 00° 29' 06" West, a distance of 20.00 feet;
Thence North 89° 30' 54" West, a distance of 39.51 feet;
Thence South 00° 29'06"West, a distance of 72.67 feet to a point on the southerly boundary line
of said Parcel "B";
Thence North 88° 10' 09" West, a distance of 30.01 feet on said southerly boundary line;
Thence North 00' 29' 06" East, a distance of 313.28 feet;
Thence North 04'04' 06" East, a distance of 400.00 feet;
Thence North 00' 29' 09" East, a distance of 208.68 feet;
Thence North 89° 23' 16" West, a distance of 79.00 feet to a point on the westerly boundary line
of said Parcel "B";
Thence North 00' 29' 04" East, a distance of 30.00 feet on said westerly boundary line;
Thence South 89° 23' 16" East, a distance of 795.54 feet;
Thence North 00' 36'44" East, a distance of 11.00 feet;
Thence South 89° 23' 16" East, a distance of 20.00 feet;
Thence South 00°36'44" West, a distance of 11.00 feet;
Thence South 89° 23' 16" East, a distance of 80.94 feet;
Thence North 00' 36'44" East, a distance of 10.78 feet;
Thence South 89° 23' 16" East, a distance of 20.00 feet;
Thence South 00°36'44" West, a distance of 10.78 feet;
Thence South 89° 23' 16" East, a distance of 54.14 feet to the POINT OF BEGINNING.
The above described parcel contains 2.04 acres (88,841 square feet) more or less.
PREPARED BY: /
THE LAND GROUP, INC. 0 S FD
w let.
a 7880 2
6-19-2023 0
T .r
ATE OF 0 F
James R. Washburn R
462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 • thelandgroupinc.com
File Location: g:\2022\122155\cad\suNey\exhibits\ex230615 com as and wtr esmt-atsaw sl Ilc 122155.dwg
Last Plotted By:alex major
Date Plotted: Monday,June 19 2023 at 12:31 PM
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Horizontal Scale: = 100' Project No.:122155
a Date of Issuance:07-13-2023
NEB � ���= THE
Exhibit C c�
�oS M-I LAND AT SAW SL LLC =
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GROUP St. Luke's Consolidated Service Center W
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Final Plat for Kingstown Subdivision No. 1 (FP-2023-0007) by Kimley-Horn &
Associates, located at 2610 E. Jasmine Ln.
STAFF REPORT C�I
w IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING 8/22/2023 Legend
DATE: 0
lei Prn t Loco ton
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner RtB
208-884-5533 UT
SUBJECT: Kingstown Subdivision No. 1 -FP R: R.
FP-2023-0007 Eft
LOCATION: 2610 E. Jasmine Ln.,in the south 1/2 of RUfi
Section 32,TAN.,R.IE.
R=�0
Rh � -1—
R-
n
I. PROJECT DESCRIPTION
Final plat consisting of 17 buildable lots and 4 common lots on 4.17 acres of land in the R-8 zoning
district for Kingstown Subdivision No. 1.
II. APPLICANT INFORMATION
A. Applicant:
Ian Connair,Kimley-Horn&Associates—7740 N. 16", Ste. 300,Phoenix,AZ 85020
B. Owner
Kyle Enzler,Highlakes,LLC— 1678 Diamond River Dr., St. George,UT 84790
C. Applicant Representative:
Same as Applicant
III. STAFF ANALYSIS
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat(H-2022-0045) as required by UDC 11-6B-3C.2. The submitted final plat is for the same number
of building lots approved with the preliminary plat; therefore,the proposed plat is in substantial
compliance with the approved preliminary plat as required.
Page 1
IV. DECISION
A. Staff-
Staff recommends approval of the proposed final plat with the conditions of approval in Section
VI of this report.
V. EXHIBITS
A. Preliminary Plat(date: June 2022)
1BG1e[M10 PfYi�■O]4 PfS].JAIINAfIY PLAT IKI1C5 ��� J
=• �� KINGSTOWN SUBDIVISION
�-iCA= PRELIMINARY PLAT
PUT onTti A PORTION OF THE SE 4OF SECTION 32,TOWNSHIP d
NORTH.RANGE I EAST ..:
.x"5�� 'n ■�ro .c MERIDIAN,ADA COUNTY,IDAHO
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Page 2
B. Final Plat(date: 7/20/2023)
Plat Showing N
Kingstown Subdivision
A portion of Lot 4, Rlock 1 of Jasmine Acres Suhdivision, JL
Situated M the Northwest 1/4 of the Southeast 1/4 and ��•
the Northeast 1/4 of the Southwest 1/4 of Section 32.
Township 4 North, Range 1 East, Boise Meridian.
"`"`W. City of Meridian, Ado County, Idaho.
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co ea.ee saoa tnv.'w- xmYoxt ear o el�°nn°m"'":v4w°I air pltl°fvrtior .l,rlw . Io°•.a.��°1"`eo 9ook P oga
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SURVEY aO1aAOdbO
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Sh. 1 of 3 0 GROUP,LLC
Page 3
C. Landscape Plan(date: 12/23/22)
/ EIUSHNG ZEHULON o�.r
HEIGHTSSUHUIVISION �.} ryq�
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Page 4
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Page 5
VI. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
I. Applicant shall comply with all previous conditions of approval associated with this
development:H-2022-0045(AZ,PP),Development Agreement Inst. #2023-020866.
2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years
of the date of approval of the preliminary plat(i.e. by December 6, 2024), in accord with
UDC 11-6B-7,in order for the preliminary plat to remain valid; or, a time extension may be
requested.
3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
4. The final plat shown in Section V.B,prepared by Idaho Survey Group, stamped on 07/20/23
by Cody M. McCammon, shall be revised prior to signature on the final plat by the City
Engineer,as follows:
a. Include the phase number(i.e. #1)in the subdivision name.
b. Note#7: Include recorded instrument number of ACHD permanent easement.
c. Note#8: Include recorded instrument number of ACHD sign triangle easement and
ACHD permanent easement.
5. Prior to City Engineer signature on this final plat,revise the landscape plan shown in Section
V.C,prepared by Kimley Horn, dated 12/23/22, as follows:
a. Depict a detached sidewalk with an 8-foot wide parkway and landscaping per the
standards listed in UDC 11-313-7C on Lot 1,Block I in order for the lot to count toward
the minimum qualified open space requirement.
6. There shall be no windows on the second story of homes that face north toward Zebulon
Heights subdivision along the northern boundary of the subdivision west of N. Rogue River
Ave. in Block 1 as set forth in the Development Agreement.
7. The developer shall encourage backyard landscaping to assist in buffering the larger lots and
homes to the north as set forth in the Development Agreement.
8. Provide one(1)minimum 2-inch caliper tree in the front and back yards of all building lots as
part of the mitigation requirement for removal of existing trees. These trees can be installed
at the time of lot development.
9. Prior to the City Engineer's signature on the final plat, a 14-foot wide public pedestrian
easement shall be submitted to the Planning Division and recorded for the multi-use pathway
as required by the Park's Department.
10. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat
and/or development agreement does not relieve the Applicant of responsibility for
compliance.
B. PUBLIC WORKS
https://weblink.m eridia n c i ty.org/WeUink/Doc View.aspx?id=303305&dbid=0&rep o=Meridia n C
hty
Page 6
C. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https:llweblink.meridianciN.ofg WWebLinkIDocView.aspx?id=303368&dbid=0&repo=MeridianC
Lty
D. SETTLER'S IRRIGATION DISTRICT(SID)
https:llweblink.meridiancity.oLvlWebLinkIDocView.aspx?id=303599&dbid=0&repo=MeridianC
hty
E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https:llweblink.meridiancity.org/WebLinkIDocView.aspx?id=303332&dbid=0&repo=MeridianC
Lty
F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridiancity.org/WebLink/Doc View.aspx?id=303865&dbid=0&repo=MeridianC
hty
Page 7
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Final Plat for Sessions Parkway Subdivision (FP-2023-0002), by KM
Engineering, LLP., located at 2700 N. Eagle Rd.
STAFF REPORT C�I
w IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING 8/22/2023 1��r r
Legend
�_
DATE:TO: Mayor&City Council -
l�Praieo!Lorca�o-
�.....C-W� C- �f
FROM: Sonya Allen,Associate Planner RI ,R. Jb U CAAA. R'�1' R-
208-884-5533 R
R=15
I�� R1
SUBJECT: Session's Parkway-FP RUT R? I RUT
FP-2023-0002 R7 1 R_ 2R
R1 -C =B
LOCATION: 2700 N. Eagle Rd., in the NW 1/4 of - R-� -O R�
Section 4,T.3N.,R.IE. (Parcel RI RUT R-
#S1104233650) R- u
C: 1
�R
I. PROJECT DESCRIPTION
Final plat consisting of five(5)building lots on 5.32 acres of land in the C-G zoning district for
Session's Parkway Subdivision.
II. APPLICANT INFORMATION
A. Applicant:
Christen Haisty,KM Engineering,LLP—5725 N. Discovery Way,Boise,ID 83713
B. Owner
GFI—Meridian Investments,LLC—74 E. 500 S., Ste.200,Bountiful,UT 84010
C. Applicant Representative:
Same as Applicant
III. STAFF ANALYSIS
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat(H-2022-004 as required by UDC 11-6B-3C.2. The submitted final plat is for the same number
of building lots approved with the preliminary plat; therefore,the proposed plat is in substantial
compliance with the approved preliminary plat as required.
Page 1
IV. DECISION
A. Staff-
Staff recommends approval of the proposed final plat with the conditions of approval in Section
VI of this report.
V. EXHIBITS
A. Preliminary Plat(date: June 2022)
PRELIMINARY PLAT SHOWING PRE MINAR PATDATA
SESSIONS PARKWAY SUBDIVISION
SITUATED IN THE SOUTHWEST I/4 OF THE NORTHWEST I/4 OF SECTION 4,TOWNSH I P 3 N
NORTH,RANGE 1 EAST,B.M.,CITY OF MERIDIAN,ADA COUNTY,IDAHO.
2022
XT
woo
LOT 16LGa1 Lorz B—K1 RooKI PAGE 13.13as6
SOUIHEASTMARKETPLACE SUB I `AULHEATTMARKEIPIACE SUB.
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BOOK I03 PAGE 1325343255 i BOOK IOI PAGE 13263-]3256 _-_\-- __ c
NOTES
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I I LOT2a3 BLacK 1 i MERIDIAN,IDAHO
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Page 2
B. Final Plat(date: 7/18/2023)
PLAT OF
Sessions Parkway Subdivision
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SEE SHEET 3
Page 3
PLAT OF
Sessions Parkway Subdivision
SEE SHE 2
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PLAT OF
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Page 4
C. Landscape Plan(date: 7/18/23)
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1 oEiioVOVS rtE vuN xG wxoS wcixG o[iwiL SHDVELCUT EDGE TURF CALCULATION(65%EXCLUDING PARRWAI')
Page 5
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-2022-0046(MDA,PP),Development Agreement Inst. #2023-033831.
2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years
of the date of approval of the preliminary plat(i.e. by January 17,2025), in accord with UDC
11-6B-7,in order for the preliminary plat to remain valid; or, a time extension may be
requested.
3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
4. The final plat shown in Section V.B,prepared by KM Engineering, stamped on 07/18/23 by
Bill Hynson, shall be revised prior to signature on the final plat by the City Engineer, as
follows:
a. Include the recorded instrument of the 30-foot wide City of Meridian sewer and water
main easement graphically depicted on the plat.
b. Modify note#8 as follows: ". . . City of Meridian and Ada Cotulty Higip. ,Pis
Idaho Transportation Department."
c. Delete note#10 as it's a duplicate of note#9.
e. Include the recorded instrument number of the 14-foot wide public pedestrian easement
for the multi-use pathway along N. Eagle Rd. graphically depicted and noted on Sheet 1.
5. Prior to City Engineer signature on this final plat,revise the landscape plan shown in Section
V.C,prepared by Alyssa Yensen,dated 7/18/23, as follows:
a. Depict pedestrian lighting and landscaping along the multi-use pathway consistent with
the Eagle Road Corridor study in accord with the specifications noted in UDC 11-3H-
4C.3.
b. Depict additional landscape design features within the street buffer along N. Eagle
Rd./SH-55 in accord with the updated standards listed in UDC 11-3B-7C.3f for entryway
corridors.Features may include berms of no less than four to one (4:1)slope to at a three-
foot minimum height, decorative landscape walls (no greater than three (3)feet in height),
decorative open vision fencing(no greater than four(4)feet in height), or design elements
with a similar level of effort(Example: a dry creek design with river rock, boulders, etc).
6. A reciprocal cross-access/ingress-egress easement shall be recorded between the subject
property and the abutting property to the south(Parcel#S 1104233802)in accord with UDC
11-3A-3A.2.A recorded copy of the agreement shall be submitted to the Planning
Division prior to signature on the final plat by the City Engineer.
7. A reciprocal cross-access/ingress-egress easement shall be recorded between the subject
property and the abutting property to the east(Parcel#S1104233730)in accord with UDC
11-3A-3A.2.A recorded copy of the agreement shall be submitted to the Planning
Division prior to signature on the final plat by the City Engineer.
8. Submit details for the pedestrian lighting required along the multi-use pathway adjacent to N.
Eagle Rd./SH-55 that demonstrate compliance with the specifications set forth in UDC 1I-
3H-4C.3. Include a detail of the light pole(s).
Page 6
9. Future development shall be consistent with the dimensional standards listed in UDC Table
11-2B-3 for the C-G zoning district.
10. The subject property shall be subdivided prior to submittal of the first Certificate of Zoning
Compliance application for the site per requirement of the Development Agreement.
11. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat
and/or development agreement does not relieve the Applicant of responsibility for
compliance.
B. PUBLIC WORKS
https://weblink.meridiancity.org/WebLink/Browse.aspx?id=303222&dbid=0&repo=MeridianCit
X
C. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridianciU.org/WebLink/DocView.aspx?id=303330&dbid=0&repo=MeridianC
iv
D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=303867&dbid=0&repo=MeridianC
iv
Page 7
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Findings of Fact, Conclusions of Law and Order of Approval for Driftwood
Subdivision (H-2023-0021), by Brighton Development, Inc., located at 870 W. Ustick Rd.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAN
AND DECISION& ORDER
In the Matter of the Request for Conditional Use Permit for a Multi-family Development
Consisting of 57 Dwelling Units on 4.81-Acres of Land in the C-C Zoning District; and a Combined
Preliminary/Final plat(PFP)Consisting of One(1)Residential Building Lot,Two (2) Commercial
Building Lots and One(1)Other Lot,on 9.01-Acres of Land in the C-C Zoning District for
Driftwood Subdivision,by Brighton Development,Inc.
Case No(s).H-2023-0021
For the City Council Hearing Date of: August 8,2023 (Findings on August 22,2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of August 8, 2023, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of August 8,2023, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 8, 2023,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of August 8,2023,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 DRIFTWOOD SUBDIVISION CUP PFP H-2023-0021
- 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of August 8,2023, 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 Conditional Use Permit and Combined Preliminary&Final Plat is
hereby approved per the conditions of approval in the Staff Report for the hearing date of
August 8,2023,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-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 11-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR DRIFTWOOD SUBDIVISION CUP PFP H-2023-0021
-2-
use not to exceed one (1)two(2)year period.Additional time extensions up to two(2)years as
determined and approved by the City Council may be granted.With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-5B-6F).
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 August 8,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR DRIFTWOOD SUBDIVISION CUP PFP H-2023-0021
-3-
By action of the City Council at its regular meeting held on the 22nd day of August
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 8-22-2023
Attest:
Chris Johnson 8-22-2023
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 8-22-2023
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR DRIFTWOOD SUBDIVISION CUP PFP H-2023-0021
-4-
EXHIBIT A
STAFF REPORT
E IDAN�--
COMMUNITY DEVELOPMENT DEPARTMENT 1 !
H Q
HEARING August 8,2023 Legend �� �
DATE:
leiPFaject LacafiarULULD
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner
208-884-5533 --- -
SUBJECT: Driftwood Subdivision—CUP,PFP
H-2023-0021
1
LOCATION: 870 W.Ustick Rd., at the NWC corner off
W.Ustick Road and N. Venable Avenue,
in the SW 1/4 of Section 36,TA.,R.1W. HEM
I. PROJECT DESCRIPTION
Conditional Use Permit(CUP) for a multi-family development consisting of 57 dwelling units on 4.81 acres
of land in the C-C zoning district; and a combined preliminary/fmal plat(PFP) consisting of one(1)
residential building lot,two(2)commercial building lots and one(1)other lot, on 9.01 acres of land in the C-
C zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 4.81 acres
Future Land Use Des* nation Mixed Use-Community(MU-C)
Existing Land Use Vacant/undeveloped
Proposed Land Use(s) Multi-family residential&commercial
Current Zoning C-C(Community Business District)
Proposed Zoning NA
Lots(#and type;bldg/common) 3 building(1 residential&2 commercial)/1 common/other lot
Phasing plan(#of phases) 1
Number of Residential Units(type 57 multi-family(townhome style)units
of units)
Density(gross&net) 12 units/acre(gross)
Open Space(acres,total [%]/ 0.46-acre(required);0.48-acre(proposed)—not all is qualified.See Section
buffer/qualified) VIA for more information.
Page 1
Amenities Clubhouse,children's play structure and picnic area with a shade
structure.
Physical Features(waterways, An irrigation ditch runs along the southern boundary of the property adjacent
hazards,flood plain,hillside) to Ustick Rd.
Neighborhood meeting date 3/23/23
History(previous approvals) AZ-07-018 Settler's Square(Ord.#08-1364,DA Inst.#108059803);H-2016-
0074(MDA)(DA Inst.#2016-097989);H-2021-0072(MDA)(Settler's Square
DA Inst.#2022-008733—this DA replaced all previous DA's);A-2022-0111
(CZC for site improvements including an internal shared access drive-aisle with
detached sidewalk&associated landscaping and storm drainage).
B. Community Metrics
Description Details
Ada County Highway
District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no
• TIS es/no No(not required)
• Existing Conditions Roadway Frontage Functional PM Peak Hour PM Peak Hour
Classification Traffic Count Level of Service
Ustick Road 635-feet Principal Arterial 1,045 Better than"D"
Venable Avenue 615-feet Collector 108 Better than"D"
'Acceptable level of service for a five-lane principal arterial is"E"(1,780 VPH).
`Acceptable level of service for a two-lane collector is"D"(425 VPH).
Ustick Rd.is improved with 5-travel lanes,vertical curb,gutter and 5' wide detached
sidewalk.There is 96' of ROW for Ustick Rd. (48' from centerline).
Venable Ave. is improved with 2-travel lanes and no curb,gutter or sidewalk
abuttin the site.There is 58' of ROW for Venable 30' from centerline).
• CIP/IFYWP There are no roadways,bridges,or intersections in the general vicinity of the project that are in the
District's Capital Improvement Plan(CIP).
• Venable Street is scheduled in the IFYWP to be established as a new bikeway corridor with
wayfinding/bikeway signage, pavement markings, and enhanced crossings at Ustick Road.
The design year is scheduled in 2024;no construction year has been determined at this time.
Access(Arterial/Collectors/State Access is proposed via Venable Ave.,an existing local street designated on
Hwy/Local)(Existing and Proposed) the MSM as a residential collector street;no access is proposed or allowed
via Ustick Rd.,an arterial street.
Proposed Road Improvements No improvements are proposed to Ustick Rd.; Venable is proposed to be
improved as'h of a 36' street section with curb,gutter and 7'wide attached
sideway within the existing ROW.
Estimated Trip Generation 1,717 trips per day
Fire Service
• Distance to Fire Station 1.8 miles from Station#3
• Fire Response Time This development currently falls in an area where we don't have total response times
that meet NFPA 1710 standards or adopted standards.
• Resource Reliability 77%(does not meet target goal of 80%or greater)
• Risk Identification 2(current resources would be adequate to supply service)
• Accessibility Meets required access,road widths and turnarounds.
• Special/resource needs Will require an aerial device; can meet this need.
Page 2
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III. APPLICANT INFORMATION
A. Applicant:
Josh Beach,Brighton Development,Inc.—2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642
B. Owner:
Brighton Ustick,LLC—2929 W. Navigator Dr., Ste. 400,Meridian,ID 83642
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 6/21/2023 7/23/2023
Radius notification mailed to
property owners within 300 feet 6/9/2023, 6/20/2023 7/21/2023
Public hearing notice sign posted
6/24/2023 07/11/2023
on site
Nextdoor posting 6/8/2023 7/20/2023
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this
property as Mixed Use—Community(MU-C).
The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are
seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential,
and to avoid mainly single-use and strip commercial type buildings.Non-residential buildings in these areas
tend to be larger than in Mixed Use Neighborhood(MU-N) areas,but not as large as in Mixed Use Regional
(MU-R) areas. Goods and services in these areas tend to be of the variety that people will mainly travel by
car to,but also walk or bike to (up to three or four miles). Employment opportunities for those living in and
around the neighborhood are encouraged. Developments are encouraged to be designed according to the
conceptual MU-C plan depicted in Figure 3C in the Comprehensive Plan(pg. 3-19).
Sample uses appropriate in MU-C areas include: All MU-N categories, community grocer,clothing stores,
garden centers,hardware stores,restaurants,banks,drive-thru facilities, auto service station, and retail shops,
and other appropriate community-serving uses. Sample zoning include: R-15, R-40, TN-R, TN-C, C-C, and
L-O.
TRANSPORTATION: The Master Street Map(MSM)depicts N. Venable Ave. as a residential collector street
and W.Ustick Rd., as a planned commercial arterial street.
PROPOSED USE: The Applicant proposes to develop the northern portion of this site with a 57-unit multi-
family development with townhome-style units and the southern portion of the site with commercial uses
consistent with the uses desired in MU-C designated areas. The proposed gross density of the residential
portion of the site is 12 units/acre,which is within the desired range in MU-C designated areas of 6 to 15
units/acre and consistent with the concept plan approved in the development agreement.
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):
Page 4
• "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 townhouse-style multi family units will contribute to the variety of housing types in this
area of the City.
• "Require appropriate building design, and landscaping elements to buffer, screen,beautify, and
integrate commercial,multifamily,and parking lots into existing neighborhoods."(5.01.02D)
The proposed design of the townhome-style units should be compatible with the design of adjacent
single-family homes. Perimeter landscaping is proposed along the north and northwest boundaries
along with a 6-foot tall vinyl fence to buffer the existing residential homes. The east/west driveway
through the site and associated landscaping should provide a transition to proposed residential and
commercial uses.
• "Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval, and in accord with any adopted levels of service for
public facilities and services."(3.03.03F)
City water and sewer services are available 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)
The proposed multi family townhouse-style units will contribute to the mix of housing types
available for rent in the City and in this area. There is currently a mix of single family detached
dwellings and multi family apartments and townhome-style units in this area.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed multi family use should be compatible with adjacent single-family uses as they're
residential in nature. The proposed site design with landscaping and fencing around the perimeter
should minimize conflicts and maximize use of land.
• `Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of
Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A)
The proposed development will connect to City water and sewer systems; services are required to be
provided to and though this development in accord with current City plans.
• "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels
within the City over parcels on the fringe."(2.02.02)
This is an infill development; development of this vacant site will result in more efficient provision of
public services.
• "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 is required to be provided with
development as proposed.
• "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,
play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and
sustainability."(3.06.02B)
Page 5
The proposed multi family development is in close proximity to Settler's park, a convenience
store/gas station and other neighborhood services. Future development of the commercial portion of
the site should offer more variety of uses to serve area residents.
• "Slow the outward progression of the City's limits by discouraging fringe area development;
encourage development of vacant or underutilized parcels currently within City limits." (4.05.03B)
Development of the subject infill property, currently in the City limits, is encouraged over parcels on
the fringe of the City. The development of this property will result in better provision of City services.
VI. STAFF ANALYSIS
A. CONDITIONAL USE PERMIT(CUP)
A CUP is requested for a multi-family development consisting of 57 dwelling units on 4.81 acres of land
in the C-C zoning district. Townhome-style units in 15 separate structures are proposed in 3-and 4-unit
clusters consisting of a mix of 2-bedroom(13)and 3-bedrooms(44)with a minimum of 1,250 square
feet for each unit.
The existing Development Agreement(Inst. #2022-008731 for Settler's Square entitled this property to
develop with approximately 60 apartment units per the approved conceptual development plan.
Dimensional Standards: Future development is required to comply with the minimum dimensional
standards of the C-C zoning district in UDC Table 11-2B-3. The Applicant should confirm with the
Building Dept.the proposed building separation meets the minimum standards—a greater
separation or fire-rated walls will likely be required.
Phasing: The multi-family development is proposed to be constructed in one phase.
Access: Access is proposed via a driveway from N. Venable Ave.,a collector street, at the east boundary
and N. Buckstone Ave.,a local street,at the north boundary. Buckstone currently stubs to the north
boundary of this site.
Pathways: A multi-use pathway is depicted on the Pathways Master Plan(PMP) along the northern
boundary of this site;however,the Park's Dept. requests an alternate alignment for the pathway from the
sidewalk along Venable Ave. east/west through the site along the drive-aisle to the west property
boundary. The proposed 5-foot wide sidewalk is an adequate width but should be extended to the west
property boundary for future extension.A 9-foot wide public pedestrian easement should be recorded
for the pathway in accord with Park's Dept. requirements prior to issuance of Certificate of
Occupancy.
Fencing: A new 6-foot tall solid vinyl fence is proposed along the north and west sides of the
development as shown on the landscape plan.Fencing should comply with the standards listed in UDC
11-3A-7.
Specific Use Standards(UDC 11-4-3):
The proposed use is subject to the following standards: (Staffs analysis/comments in italic text)
11-4-3-27: MULTI-FAMILY DEVELOPMENT:
`B. Site Design:
1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise
required by this title and/or title 10 of this Code. Building setbacks shall take into account
windows, entrances,porches and patios, and how they impact adjacent properties.A minimum
25 foot wide buffer to residential uses is required in the C-C zoning district per UDC Table
11-2B-3;therefore, all structures along the north and west boundaries adjacent to residential
Page 6
uses must be setback a minimum of 25 feet from the property line. The plans should be revised
to reflect compliance with this standard
2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and
transformer and utility vaults shall be located in an area not visible from a public street, or shall
be fully screened from view from a public street.All proposed transformer/utility vaults and
other service areas shall comply with this requirement.A trash dumpster/enclosure should be
depicted on the site plan and should accommodate recycling.
3. A minimum of eighty(80) square feet of private,usable open space shall be provided for each
unit. This requirement can be satisfied through porches,patios, decks,and/or enclosed yards.
Landscaping, entryway and other access ways shall not count toward this requirement. In
circumstances where strict adherence to such standard would create inconsistency with the
purpose statements of this section,the Director may consider an alternative design proposal
through the alternative compliance provisions as set forth in section 11-5B-5 of this title.Floor
plans should be submitted with the Certificate of Zoning Compliance application that
demonstrate compliance with this standard.
4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable
open space shall not be considered common open space. These areas were not included in the
common open space calculations for the site.
5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be
stored on the site unless provided for in a separate, designated and screened area. The Applicant
shall comply with this requirement.
6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All
Districts",of this title. The proposed parking meets and exceeds UDC standards per the analysis
below.
Based on(13)2-bedroom units and(44) 3-bedroom units,a minimum of 164 off-street parking
spaces are required, including guest parking,with 57 of those in a covered carport or garage.A
total of 194 spaces are proposed,with 84 of those in garages,which exceeds the minimum
standard by 30 spaces. Accessible parking is required in accord with ADA standards.
Based on 194 vehicle parking spaces provided,a minimum of eight(8)bicycle parking spaces
shall be provided in accord with the design standards listed in UDC 11-3C-5C. Five (5)exterior
bicycle rack spaces are proposed; a minimum of eight(8)parking spaces should be provided.
7. Developments with twenty(20)units or more shall provide the following:
a. A property management office.
b. A maintenance storage area.
c. A central mailbox location, including provisions for parcel mail,that provide safe pedestrian
and/or vehicular access.
d. A directory and map of the development at an entrance or convenient location for those
entering the development. (Ord. 18-1773,4-24-2018)
The Applicant's narrative states the clubhouse will include a property management/maintenance
office and provisions for mail delivery. The site plan/floor plan submitted with the Certificate
of Zoning Compliance application should depict the location of all of the aforementioned
items.
Page 7
C. Common Open Space Design Requirements(UDC 11-4-3-27C):
The total baseline land area of all qualified common open space shall equal or exceed ten(10)
percent of the gross land area for multi-family developments of five(5)acres or more.Because
this site is below 5 acres in size, this standard is not applicable.
In addition to the baseline open space requirement,a minimum area of outdoor common open
space shall be provided as follows:
a. One hundred fifty(150) square feet for each unit containing five hundred(500)or less
square feet of living area.None of the units are below 500 square feet(sf.) of living area.
b. Two hundred fifty(250) square feet for each unit containing more than five hundred(500)
square feet and up to one thousand two hundred(1,200) square feet of living area.All units
exceed 1,200 sf.
c. Three hundred fifty(350) square feet for each unit containing more than one thousand two
hundred(1,200) square feet of living area.All 57 units exceed 1,200 sf of living area;
therefore, a minimum of 19,950 sf. (or 0.46-acre) of common open space is required. A total
of 0-48-0.55-acre of qualified open space is proposed in accord with and exceeding this
standard. Additional open space totaling 0.53-acre is proposed, which doesn't meet the
design standards for qualified open space but does provide an additional benefit. is
eount tei�wrd the baseline epen zspaee whieh kn't required with this deiwleflm
Thereforv-, a revised open spoee exhibit that eonqgies with the minimum standard shou
be subinkMdPrior to the Gty Gouneil hearing that ewhides this area.
All multi-family projects over 20 units are required to provide at least one(1) common grassy
area integrated into the site design allowing for general activities by all ages that is a minimum
of 5,000 s.f. in area;the area shall increase proportionately as the number of units increase and
shall be commensurate to the size of the development as determined by the decision-making
body.Where this area cannot be increased due to site constraints, it may be included elsewhere
in the development(UDC 11-4-3-2 7C.3). The open grassy arva in both 4the open spoee arvas
is below 5,000&f. in area,—Staff recommends a minimum 14,250 sf, (or 0.33-acre) of common
grassy area is provided commensurate with the size of the development(i.e. 250 sf,per unit);
the plans should be rev&ed aeeordinglyptior to the City Council .Tv
.A revised open space exhibit was submitted
that depicts one(1) 5,283 s.f. common grassy area and other common grassy areas totaling
16,634 s;f (or 0.38-acre), which meets and exceeds the recommended area.
All common open space is required to meet the following standards,per UDC 11-4-3-27C.2:
The development plan shall demonstrate that the open space has been integrated into the
development as a priority and not for the use of land after all other elements of the development
have been designed. Open space areas that has been given priority in the development design
have: (1)Direct pedestrian access; (2)High visibility,(,3) Comply with Crime Prevention
through Environmental Design(CTED) standards; and(4) Support a range of leisure and play
activities and uses. Irregular shaped, disconnected or isolated open spaces shall not meet this
standard.b.Open space shall be accessible and well connected throughout the development. This
quality can be shown with open spaces that are centrally located within the development,
accessible by pathway and visually accessible along collector streets or as a terminal view from
a street.c.The open space promotes the health and well-being of its residents. Open space shall
Page 8
support active and passive uses for recreation, social gathering and relaxation to serve the
development.
Common open space shall be not less than four hundred(400) square feet in area,and shall have
a minimum length and width dimension of twenty feet(20'). The common open space areas
depicted on the open space exhibit in Section VIII.B meet this requirement.
In phased developments, common open space shall be provided in each phase of the
development consistent with the requirements for the size and number of dwelling units. This
project is proposed to develop in one phase.
Unless otherwise approved through the conditional use process,common open space areas shall
not be adjacent to collector or arterial street buffers unless separated from the street by a berm or
constructed barrier at least four feet(4)in height,with breaks in the berm or barrier to allow for
pedestrian access. The common open space proposed where the clubhouse and tot lot are located
is adjacent to Venable Ave., a collector street. Therefore, a berm or constructed barrier should
be provided in accord with this requirement.
D. Site Development Amenities:
All multi-family developments shall provide for quality of life,open space,and recreation amenities
to meet the particular needs of the residents as noted in UDC 11-4-3-27D.1. The number of
amenities shall depend on the size of the multi-family development based on the number of units.
For multi-family developments between 20 and 75 units, such as this, a minimum of three(3)
amenities shall be provided with at least one (1)from each category.
The following amenities are proposed from each of the following categories: 1)Quality of Life—
clubhouse; Open Space—picnic area with a table and shade structure; and Recreation—children's
play structure. The proposed amenities meet the minimum standards.
E. Landscaping Requirements: Development shall meet the minimum landscaping requirements in
accord with chapter 3, "Regulations Applying to All Districts", of this title. Additionally, all street
facing elevations shall have landscaping along their foundation that complies with the standards
listed in UDC 11-4-3-27E.2,which requires a landscape area at least 3-feet wide planted with one
evergreen shrub every three(3)linear feet that has a mature height of 24-inches with ground cover
plants in the remainder of the landscaped area. The landscape plan submitted with the Certificate of
Zoning Compliance application should be revised to include evergreen shrubs in accord with this
standard.
Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B-
12C, which require a mix of trees, shrubs, lawn, and/or other vegetative groundcover within 5-
foot wide strips on each side of the pathway;depict landscaping per these standards along the
east/west pathway adjacent to the drive aisle.
Street buffer landscaping is required along N. Venable Ave., a collector street, in accord with the
standards listed in UDC 11-3B-7C with development of the subdivision. Landscaping should be
depicted on the plan in accord with the aforementioned standards.
A 25 foot wide buffer is required to adjoining residential uses in the C-C zoning district,per UDC
Table 11-2B-3 as shown on the site plan; the landscape plan incorrectly depicts a I5 foot wide
buffer which should be revised Landscaping is required to be installed within the buffer in accord
with the standards listed in UDC 11-3B-9C.All buffer areas are required to be comprised of, but
not limited to, a mix of evergreen and deciduous trees,shrubs,lawn, or other vegetative ground
cover that results in a barrier that allows trees to touch within five(S)years of planting. Trees that
will not touch until maturity outside of this timeframe must be supplemented with additional
Page 9
materials such as tall columnar evergreen shrubs, or other qualifying materials.A 10 foot wide
public utilities,property drainage, and pressure irrigation easement is designated along the
boundary of the subdivision, which prohibits trees within the easement—all trees should be
planted outside of the easement area.
F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally
binding documents that state the maintenance and ownership responsibilities for the management of
the development, including,but not limited to, structures,parking, common areas, and other
development features." The Applicant shall comply with this requirement;a copy of such shall be
submitted to the Planning Division prior to issuance of the first Certificate of Occupancy within
the development.
Building Elevations(UDC I1-3A-19 I Architectural Standards Manual): Conceptual building elevations
were submitted for the 2-story alley-loaded and front-loaded townhome-style units and the clubhouse as
shown in Section VIII.0 below. Building materials appear to consist of stucco and horizontal siding in
two (2)different colors with stone veneer accents. These elevations are generally consistent with those
included in the existing Development Agreement(DA) as required.
Final design of all structures is required to comply with the design standards in the Architectural
Standards Manual and will be reviewed for compliance with these standards with the Design Review
application. Compliance with the building code requirements for separation between structures
within the development is required.
B. PRELIMINARY PLAT/FINAL PLAT(PFP):
The proposed combined preliminary/final plat(PFP)consists of one (1)residential building lot,(2)
commercial building lots and(1)other lot on 9.01 acres of land in the C-C zoning district as shown in
Section VIII.D.
Existing Structures/Site Improvements: There are no existing structures on this property.
Dimensional Standards(UDC 11-2): Future development is required to comply with the dimensional
standards listed in UDC Table 11-2B-3 for the C-C zoning district.
Access: Access is proposed via a driveway from N. Venable Ave., a collector street, at the east boundary
and N. Buckstone Ave., a local street, at the north boundary. Buckstone currently stubs to the northern
boundary of this site. An east/west drive aisle was previously approved with the site improvements (A-
2022-0111)on Lot 2,Block 1. The plat depicts a name for this access driveway,which should be
removed as this road is a drive aisle and wasn't approved as a public or private road.If the
Applicant wishes to name this road,a private street application should be submitted.
A cross-access easement is required to be granted to the property abutting the southwest property
boundary(Parcel#SO436346613) as set forth in the existing Development Agreement.A copy of
the recorded easement shall be submitted to the Planning Division prior to issuance of Certificate
of Occupancy for the western commercial pad site OR when Parcel#SO436346613 developers,
whichever occurs first.
Landscaping(UDC 11-3B): A 25-foot wide street buffer is required along W. Ustick Rd., an arterial
street, and a 20-foot wide street buffer along N. Venable Ave., a collector street, as depicted on the
landscape plan. These buffers shall be depicted on the plat in common lots or dedicated buffer
easements,maintained by the property owner,homeowner's association or business owner's
association as set forth in UDC 11-3B-7C.2a.The buffers should be measured from the back of curb
per UDC 11-3B-7C.la(2).
There are no existing trees on the site that require mitigation.
Page 10
Sidewalks(11-3A-17): A 5-foot wide detached sidewalk is required along N. Venable Ave.,designated
as a residential collector street on the Master Street Map, as proposed in accord with UDC 11-3A-17. A
5-foot wide detached sidewalk exists along W.Ustick Rd., an arterial street.
Pathways: A multi-use pathway is required by the Park's Dept. from the sidewalk along Venable Ave.
east/west through the site along the drive-aisle to the west property boundary. The proposed 5-foot wide
sidewalk is an adequate width but should be extended to the west property boundary for future extension.
A 9-foot wide public pedestrian easement should be recorded for the pathway in accord with Park's
Dept. requirements and referenced on the final plat.
Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. The landscape
plan depicts 6-foot tall existing fencing along the northern boundary of the site;the Applicant proposes
to coordinate with the adjacent property owners to replace the fence with a new 6-foot tall vinyl fence.
Six-foot tall vinyl fencing is also proposed along the west boundary of the residential portion of the
development(i.e. Lot 1,Block 1).
Waterways: There is an irrigation ditch that runs along the southern boundary of this property that is
required to be piped or otherwise covered as set forth in UDC 11-3A-6B.3.
Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC
11-3A-21.
Street lighting is required to be installed in accord with the City's adopted standards, specifications and
ordinances.
Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required
to be provided to each lot within the subdivision as set forth in UDC 11-3A-15.
Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments
in accord with the City's adopted standards, specifications and ordinances.Design and construction shall
follow best management practice as adopted by the City as set forth in UDC I I-3A-18. A storm
drainage calculations and Geotechnical Investigation report was submitted with this application.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit(CUP)and combined preliminary and
final plat(PFP)per the provisions in Section IX in accord with the Findings in Section X.
B. The Meridian Planning&Zoning Commission heard these items on July 6,2023.At the public
hearing,the Commission moved to recommend approval of the subject CUP and PFP requests.
1. Summary of Commission public hearing_
a. In favor: Mike Wardle and Jon Wardle,Brighton Development
b. In opposition: Letter and petition submitted by Jessica Lords with 373 signatures.
C. Commenting: Patrick McCabe
d. Written testimony: Jessica Lords; Mike Wardle, Brighton Development(Applicant,)—in
agreement with the staff report except for the requirement of a multi-use pathway,
which he requests be removed.
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony
a. Safety concerns pertaining to added traffic trying to get out onto Ustick Rd. and
pedestrians truing to cross Ustick Rd.;
Page 11
b. Removal of the requirement for a public pathway to be provided across the site and
reason for removal. Possible alternate location for pathway
C. Desire for a traffic signal to be provided at Ustick/Venable and a safe pedestrian
crossing across Ustick Rd.
3. Key issue(s)of discussion by Commission:
a. In favor of the mix of residential/commercial uses,transition to existing residential uses
and townhome-style units proposed.
4. Commission change(s)to Staff recommendation:
a. At the Applicant's request and with concurrence from the Park's Dept.,delete
conditions(i.e. #1.8d,#1.8i,#2.1c and#2.1.5)pertainin to o requirement of a multi-use
pathway on this site.
b. Include a requirement for a(private)pathway t�provided through the commercial
portion of the development to the southwest boundary of the site for interconnectivity
(see condition#2.3d in Section IX).
5. Outstandingissue(s)ssue(s) for City Council:None
Note: The Applicant submitted an open space exhibit as requested, included in Section
VIII.B, that depicts a total of 1.08-acres of common open space—24,128 s.f. (or 0.55-acre)
of which qualifies toward the minimum requirement. A 5,283 s.f open grassy area and
other open grassy areas totaling 16,635 s.f (red&blue areas depicted on the exhibit are
proposed, which complies with and exceeds the recommended area for the size of the
development.Additional open space is provided at the rear of the perimeter units (green
areas on the exhibit)above the minimum requirement.
C. The Meridian Citv Council heard these items on August 8,2023.At the public hearing.the
Council moved to approve the subject CUP and PFP requests.
1. Summary of the City Council public hearing:
a. In favor: Jon Wardle,Brighton Development
b. In opposition: Martha Lawrence:Jessica Lords: David Phillips
c. Commenting:None
d. Written testimony.None
e. Staff presenting_application: Sonya Allen.Planning
f Other Staff commenting on application: Shawn Harper,Police Dept.: Joe Bon jomo•
Fire Dept.: Caleb Hood.Planning
2. Key issue(s)of public testimony:
a. Request for denial of application based on the large amount of residential units that
already exist and have been approved in this area and concerns pertaining to increased
traffic and capacity of area schools-
b. Against proposed development due to safety concerns for children with traffic cutting
through the neighborhood to the north via Buckstone: increased traffic on adjacent
streets and safety concerns at the Ustick/Venable intersection:
C. Against more residential units,especially for rent,in this area:preference for
commercial use of the property.
3. Key issue(s)of discussion by City Council:
a. Desire for Staff/Applicant to work with ACHD on reconfiguring the Ustick/Venable
intersection and inclusion of a traffic signal at the intersection:
b. The possibility of adding traffic calming in the development to the north to address
safety concerns with cut-through traffic:
c. In favor of the design of the proposed residential units and the uses proposed within the
development:
Page 12
d. Relocation of the common area adjacent to Venable to a more central location awav
from the street or at a minimum, a fence along Venable for safety.
4. City Council change(s)to Commission recommendation:
a. Council strongly recommends the Applicant collaborate with City Staff and ACHD in
regard to the concerns discussed at the Council hearing pertaining to Venable Ave. and
the UstickNenable intersection. Council required fencing to be installed along Venable
adjacent to the common area and requested the Applicant consider relocating the tot lot
to an internal common area away from the street(see condition#1.8k1.
Page 13
VIII. EXHIBITS
A. Site Plan(dated: 4/20/23)
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Page 14
B. Landscape Plan(dated: 2/28/23)&Open Space and Amenity Details
1
. ..
Vicinity Map ---
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RESIDENTIAL AREA =4- I T
ZONING -C-C FuT RE mu y 7�
TGWNHOME VN1T5 =5T TGTRL r.�„Y1rT+
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COMMERCIAL AREA =3.1f7-1 ACRESti-
ZONiNG �G-C FLTJRE MU-I Q
— ---- x
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tc Dcve lopment
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Features 4p
' Wegt Wkid Ar�R Street. m
COMMERCIAL AREA
NOT A PART
t _
lip
WEST USTICK ROAD .
D o a o D O �� Ct ENGIN4ERING � _SOUTH
BECK&
BECKS
6AIRO
Page 15
LANDSCAPE NOTES: sETTLFRS PARK sueolwslaN j
A PARGEL OF LAND RTC W.NSTIGK RG i
DIN
— —r ———— �r .o'=�•`V®�M` � SEG ION W.T.4N..R.1W..
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SITE DEVELOPMENT FEATURES
IRRIGATION NOTES.
1 ! LANDSCAPING INFORMATION
1 I � . ....•�,m�,ro�.�,. �m ,�..�. a °"
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SHEET L1.3 I SHEET L1.4I
DISCLAIMER�
O
L——====R=——'————————— w b:
Jl LANDSCAPE SHEET INDEX
A\OVERALL LANDSCAPE PLAN - n��J' sEE SNE-
L10 0-fOVFRALLLANosf.APE-N '�'•^ D
• Lt.1i1.4 DETAILED LANUSCJIPE PLIXNS
• LiR-121LAN0.5CAPE GEfA1L5 DEVELOPER ENGINEER LANGSGAPE
ARGHITEGT
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LANDSCAPE LEGEND I
\ 1 V PLANT SCHEDULE
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CALLOUT LEGEND
--- C .a.o pp.W oa w,
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LANDSCAPE LEGEND 0 i
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CALLCUT LEGEND
LANDSCAPE PLAN ,, 7L1.3]E
1
Page 17
LANDSCAPE LEGEND I
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�� --- NhTCHIINE-SEE LI.YT wn � ---mu.uo
I � WEST WIN�CRIFT STREET -_- -_--HM1TCHME-SEELI.4 I
__ I _- ___ __ __ r _ _ _ __ __ '•I.`: II� i J —..—wuw za � n. 9�R � I
3
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PLANT SCHEDULE
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CALLOUT LEGEND
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FINNYL FENCE PANEL p`���'j a �~ lnmm Ly
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�z DECIDUOUS TREE PLANING p_-. �SHRl1B PL14N�ING pW-��
- y ePILna4 _ G
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. - CONIFEROUSTREE PLANTING 7 PLWW RBBED CUT EDGE 7L2 0]
Page 18
—MIN �.
mmea ..MIN OMAGLIN—
L Rid i
n TYPICALPICNICTA&EDETAIL (1TYPICAL TRASH CONTAINER DETAIL (1TYPICALRENCHDETAFL
SITE FURNISHING NOTES .euuoeom
4 1U'X10'GAZEBO STRUCTURE
TYPICAL BIKE RAGI( ....m�,......a�...e L2.1
{
GROOVE II SLIDE
718-638-4 '
(2)SOU ARE FUN FONE O
ROOF-SHINGLE VERTICAL LADDER 718-994
718-861-4 718-815
CRITTER PUZZLE
PANEL
718-763-1 4' 4' SQUARE TRANSFER
DECK ARCH BRIDGE DECK POINT.4'DECK
STORE FRONT e-s 9 718-070-9 718-so2-9 718-851-49
(BELOW DECK)
718-713-78
STEERING WHEEL y~
FUN FORE (POST MOUNT)
718-994 718-900-Pl
45'SLOPED
CLIMBING WALL
718-757-34
5
5}
BUMP&GLIDE SLIDE 4 !
Plavawacapapinaoao 71a-728-7za-a
`PEM/G
CIE�1F1E° T4 -LET �
Miracle
pprrpmole anO popnpuY vnl eOy pAGren N�ace rzppmmgnOslAe m40m NeXXera Mwsv sahy 59n oroNerroproprrtv salerysgnaP na ^ {I eecl�playsys rNs main en9y poPMlsl io lnbmt pamnti and superclsorsWNe apeappopAaleneas Wlh plrysystem anA geewl roles lw sale play. {�.f]
THE PLAY COMPONENTS IDENTIFIED IN THIS PLAN 718-S165 COMPLIES TO CPSC DESIAGNES FOR SCALE:
ARE IPEMA CERTIFIED,THE USE AND LAYOUT OF
THESE COMPONENTS CONFORM TO THE 2-12
REQUIREMENTS OFASTM F1487, GROUND SPACE: 21' naes on�-X 19' COMPLIES TO ASTM DATE: 9/25/2016 -
AN ENERGY ABSORBING PROTECTIVE SURFACE IS PROTECTIVE AREA: 32'X 31' ,/ COMPLIES TO ADA � ""','Ty
•F HImtratwe ur w an6
ct m th re
REQUIRED UNDER 6 AROUND ALL PLAY SYSTEMS, n� D 0 AR or P P
Page 19
Revised Open Space Exhibit(dated: 8/2/23):
Description Quanti
❑ Large Open Space 16,234
❑ Linear Open Space 7,893
❑ Other Open Space 23,090
8LDGcj, 1 0 I ELDGA ,283 s BLDGAz 1, 9 sf 6 f
_ I I
Rowe C
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P I ,
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1,902 sf
� iV.
� � I I ,493 sfl
. � sty I sf I I I I I. .
f
L — {.QUALIFIED OPEN SPACE
LARGE OPEN SPACE: 16,234 sf
I
LINEAR OPEN SPACE: 7,893 sf
TOTAL QUALIFIED: 24,127 sf= 0.55 ACRES
I
OTHER OPEN SPACE: 23,090 sf (20`x20'min) :
TOTAL OPEN SPACE: 47,217 sf= 1.08 ACRES
SCALE: 1"=100'
N•�--�� IFS�=--�
DETAIL (;*ASSY ()PM SPACE E7MBTT REVISION: DATE- 8l2l20231
SOUTH =IWhuA- PROJECT: «s SCALE: 1'=100'
Him &)Lse.Ms3?m
BEIC& Driftwood Sub DTP SHEET:
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BAIRD L .r�
sou,�, n.d��r_c Ir
�n.sourr,aed 8 9mrd 1�rt�eope Amhflk "P_e
Page 20
C. Conceptual Building Elevations
Settler's Park
Townhomes-Alley
E 0 m
' r
Settler's Park
Townhomes-Front
Settler's Park
Clubhouse
Page 21
D. Preliminary Plat(dated: 3/6/23)
Plat Showing N
T�• D?rlftwolad SU 'vision
a [a,n wev xavre.• arevarw n.n• Situated in the Southeast Quarter of the Southwest Quarter of
a Section 36, Township 4 North, Range 1 West, 6oiae Meridian, 'J 7
G +a ear ^' X » xr.tr City of Meridian, Ada County, Idaho.
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Page 22
E. Final Plat(dated: 3/6/23)
Plat Sh QwIng N
~Tot" Driftwood SLbdlvision
a x,l,a ".m s»vx.• ",x�'m'.' sr.o,• Situated in the Southeast Quorter of the Southwest quarter of
uz Section 36, Township 4 North, Range t West, Boise Meridian, "J[
ra City of Meridian, Rdo County, Idaho.
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Page 23
IX. CITY/AGENCY COMMENTS & CONDITIONS
City Council strongly encouraged the Applicant to collaborate with City Staff and ACHD to address
concerns discussed at the public hearing pertaining to Venable Ave. and the Ustick/Venable intersection.
A. PLANNING DIVISION
1. Conditional Use Permit
1.1 The developer shall comply with all previous conditions of approval for this property [H-2021-0072
(Settler's Square Development Agreement Inst. #2022-008733;A-2022-0111 (site improvements)].
1.2 The multi-family development shall have an ongoing obligation to comply with the specific use
standards listed in UDC 11-4-3-27.
1.3 Submit floor plans demonstrating compliance with the minimum private usable open space standard
of eighty(80) square feet for each unit in accord with UDC 11-4-3-27B.3 with the Certificate of
Zoning Compliance application.
1.4 The multi-family development shall record a legally binding document that states the maintenance
and ownership responsibilities for the management of the development,including,but not limited to,
structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F.
A recorded copy of said document shall be submitted to the Planning Division prior to issuance
of the first Certificate of Occupancy for the development.
1.5 Comply with building code requirements for separation between structures within the development.
A greater building separation or fire-rated walls may be required. Make any necessary revisions to
the plans to comply.
1.6 Site amenities shall be provided from each of the following categories: 1) Quality of Life—
clubhouse; 2) Open Space—picnic area with picnic table,benches and a shade structure; and 3)
Recreation—tot lot with children's play equipment, in accord with UDC 11-4-3-27D. Other
comparable amenities may be considered by the Director.
1.7 The trash enclosures shall accommodate recycling.
1.8 The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised
as follows:
a. Depict a minimum 25-foot wide buffer to residential uses along the north and west property
boundaries as set forth in UDC Table 11-2B-3 and depict landscaping within the buffer per the
standards listed in UDC 11-3B-9C.Buildings shall not encroach within the buffer area.
b. All transformer and utility vaults and other service areas shall be located in an area not visible
from a public street, or shall be fully screened from view from a public street in accord with
UDC 11-4-3-27B.2.
c. Depict bicycle racks capable of holding a minimum of eight(8)bicycles based on 194 vehicle
parking spaces provided in accord with UDC 11-3C-6G; the design of the bicycle racks shall
comply with the standards listed in UDC 11-3C-5C.
d. Depiet the ex4easien ef the sidewalk aleng the eaWwest drive aisle te the west betmdai=y of the
site; aeeer-d with n. k's Dept requirements i Seet n IX F
e. Depict the location of the property management office; maintenance storage area; central
mailbox location,including provisions for parcel mail,that provide safe pedestrian and/or
vehicular access; and a directory and map of the development at an entrance or convenient
location for those entering the development in accord with UDC 11-4-3-27B.7.
Page 24
f. Depict a minimum 4-foot tall berm or constructed barrier separating the common area where the
clubhouse and tot lot are proposed from the collector street(Venable Ave.)with breaks in the
berm or barrier to allow for pedestrian access in accord with UDC 11-4-3-27C.7,unless
otherwise approved with the conditional use permit.
g. Depict a minimum of 19,950 square feet(s.£) (or 0.46-acre)of common open space that
complies with the standards listed in UDC 11-4-3-27C.2; a minimum of 14,250 s.f. (or 0.33-
acre)of that area shall consist of common grassy area in accord with UDC 11-4-3-27C.3
commensurate with the size of the development and shall not include the street buffer.Note:A
minimum 5,000 sf common grassy area shall be provided in one area; where the remaining
area cannot be provided due to site constraints, it may be included elsewhere in the
development.
h. Depict landscaping along the foundation of all street facing elevations in accord with the
standards listed in UDC 11-4-3-27E.2.For every three (3) linear feet of foundation, an
evergreen shrub having a minimum mature height of twenty-four(24) inches shall be planted;
ground cover plants shall be planted in the remainder of the landscaped area.
.eta4 ye ,.. na,.,yer-.,,ithi 5 feet wide strips en eaeh side of the pathway,
j. Depict landscaping within the minimum 20-foot wide street buffer along N. Venable Ave., a
collector street, in accord with the standards listed in UDC 11-3B-7C.
k. Depict fencing on the common area lot along N. Venable Ave. as required by City Council.
Consider relocating the tot lot internal to the development away from the street.
1.9 Fencing shall comply with the standards listed in UDC 11-3A-7.
1.10 No recreational vehicles, snowmobiles, boats or other personal recreation vehicles shall be stored on
the site unless provided for in a separate,designated and screened area per UDC 11-4-3-27B.5.
1.11 A Certificate of Zoning Compliance and Design Review application shall be submitted and approved
for the proposed use prior to submittal of a building permit application. Final design of the site and
structures shall comply with the standards listed in UDC 11-3A-19 and the design standards listed in
the Architectural Standards Manual.
1.12 The conditional use permit is valid for a maximum period of two(2)years unless otherwise approved
by the City. During this time, the Applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire
building permits and commence construction of permanent footings or structures on or in the ground
as set forth in UDC 11-5B-6. A time extension may be requested as set forth in UDC 11-5B-6F.
2. Preliminary/Final Plat:
2.1 The final plat submitted for City Engineer signature shall include the following revisions:
a. Depict a 25-foot wide street buffer along W.Ustick Rd., an arterial street, and a 20-foot wide
street buffer along N.Venable Ave., a collector street,in a common lot or a dedicated buffer
easement,maintained by the property owner,homeowner's association or business owner's
association as set forth in UDC 11-3B-7C.2a.
b. Depict a cross-access ingress/egress easement on the plat granting access to the abutting
property at the southwest property boundary(Parcel#S0436346613); or, submit a separate copy
of a recorded agreement to the Planning Division prior to issuance of Certificate of Occupancy
Page 25
for the western commercial pad site OR when parcel#SO436346613 develops,whichever occurs
first,in accord with the development agreement(provision#5.1 c).
e. Depiet a 9 feet wide p4he pedestr-ia-a easement for-the niulti tise peAhway eemeetion fr-em the
sidewalk along Venable Ave. aleng the east4est drive aisle to the west betmdai-y of the site a-aA
d. Note#4: Remove the street name (i.e. W. Wind Drift St.) as a private street was not approved. If
the drive aisle is to be names,a private street application shall be submitted.
e. Note#7: Include recorded instrument numbers of the Setter's Irrigation District pressure
irrigation easement.
3. The landscape plan submitted with the final plat for City Engineer signature shall include the
following revisions:
a. Include a detail of the tot lot play equipment.
b. Depict landscaping within the street buffers along N.Venable Ave. and W. Ustick Rd. in accord
with the standards listed in UDC 11-3B-7C.
c. All landscaping except for street buffers should be removed from the plan or shown in a lighter
line type as internal landscaping is not required with the subdivision improvements.
d. Depict a(private)pathway through the commercial portion of the development to the southwest
boundary of the site for interconnectivity.
4. All irrigation ditches crossing this site shall be piped or otherwise covered as set forth in UDC 11-
3A-6B.3.
5. A 9 feet wide publie pedestfian easemef4 shall be submit4ed for-the miti use-pathway aleng4he
eaWwest drive aisle prior-to s4mitta4 of the final plat for-Git-y Engineer-sipatufe.
6. Approval of a combined preliminary and final 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
combined preliminary and final plat. Upon written request and filing by the applicant prior to the
termination of the period,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.
7. Council strongly recommends the Annlicant collaborate with ACHD in regard to the concerns
discussed during the public hearing pertaining to improvements to N.Venable Ave. and the W.
Ustick Rd./N.Venable Ave. intersection.
B. PUBLIC WORKS
https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=300677&dbid=0&repo=MeridianCitX
C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridianciU.oL-glWebLinkIDocView.aspx?id=298132&dbid=0&repo=MeridianCiU&cr
=1
Page 26
D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=297934&dbid=0&repo=MeridianCitX
E. COMMUNITY DEVELOPMENT DEPARTMENT—SCHOOL IMPACT TABLE
https:llweblink.meridianciV.orglWebLinkIDocView.aspx?id=297561&dbid=0&repo=MeridianCitX
F. PARK'S DEPARTMENT
https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=300739&dbid=0&repo=MeridianCitX
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=301037&dbid=0&repo=MeridianCitX—
Updated
G. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridianciU.oL-glWebLinkIDocView.aspx?id=297568&dbid=0&repo=Meridian City
X. FINDINGS
A. Conditional Use Permit(UDC 11-5B-6E)
The Commission shall base its determination on the Conditional Use Permit requests upon the following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional and
development regulations in the district in which the use is located.
The City Council finds that the subject property is large enough to accommodate the proposed use
and dimensional and development regulations of the C-C zoning district(see Analysis, Section V for
more information).
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with
the requirements of this Title.
The City Council finds that the proposed use is consistent with the future land use map designation
of MU-C and is allowed as a conditional use in UDC Table I1-2B-2 in the C-C zoning district.
3. That the design, construction, operation and maintenance will be compatible with other uses in the
general neighborhood and with the existing or intended character of the general vicinity and that such
use will not adversely change the essential character of the same area.
The City Council finds the proposed design of the development, construction, operation and
maintenance should be compatible with the mix of other uses planned for and existing in this area
and with the intended character of the area and that such uses will not adversely change the
character of the area. The proposed multi family development should provide a good transition in
uses between existing single-family homes and the future commercial uses on the southern portion of
the site.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely
affect other property in the vicinity.
The City Council finds that if the applicant complies with the conditions outlined in this report, the
proposed use will not adversely affect other property in the area.
Page 27
5. That the proposed use will be served adequately by essential public facilities and services such as
highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water,
and sewer.
The City Council finds that essential public services are available to this property and that the use
will be adequately served by these facilities. Police and Fire currently provides service to this
property.
B. Combined Preliminary/Final Plat(UDC 11-6B-6)
In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-
making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008)
The City Council finds the proposed plat is in conformance with the UDC and generally conforms
with the Comprehensive Plan.
2. Public services are available or can be made available ad are adequate to accommodate the proposed
development;
The City Council finds public services can be made available to the subject property and will be
adequate to accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's capital
improvement program;
The City Council finds the proposed plat is in conformance with the City's capital improvement
plan.
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.
Page 28
W IDIAN�
AGENDA ITEM
ITEM TOPIC: Development Agreement (Bordeaux Estates H-2022-0062) Between City of
Meridian and 2 North Homes, LLC for Property Located at 5665 N. Meridian Rd.
ADA COUNTY RECORDER Trent Tripple 2023-048954
BOISE IDAHO Pgs=37 VICTORIA BAILEY 08/24/2023 02:16 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. 2 North Homes LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 22nd
day of August , 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 2 North Homes LLC, hereinafter called OWNER/DEVELOPER, whose address is P.O. Box
140798, Garden City, Idaho 83714.
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain
tracts 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 annexation and 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 1.1-5B-3 of the Unified Development Code ("UDC"), which authorizes
development agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer has submitted an application for annexation and
zoning of two (2) acres of land with 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 27th day of June, 2023, the Meridian City Council approved
certain Findings of Fact and Conclusions of Law and Decision and Order
DEVELOPMENT AGREEMENT—BORDEAux ESTATES(H-2022-0062) PAGE I OF 7
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. 2 North Homes LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT(this Agreement), is made and entered into this 22nd
day of August , 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 2 North Homes LLC, hereinafter called OWNER/DEVELOPER, whose address is P.O. Box
140798, Garden City, Idaho 83714.
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain
tracts 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 annexation and 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 two (2) acres of land with 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 27th day of June, 2023, the Meridian City Council approved
certain Findings of Fact and Conclusions of Law and Decision and Order
DEVELOPMENT AGREEMENT-BORDEAux ESTATES(H-2022-0062) 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 their 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 2 North Homes LLC, whose
address is P.O. Box 140798, Garden City, Idaho 83714, hereinafter called
OWNER/DEVELOPER, the party that owns said Property and shall include any
subsequent owner(s) of the Property.
3.3 PROPERTY: means and refers to those certain parcels of Property located in the
County of Ada, City of Meridian as in Exhibit "A" describing parcels 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-BORDEAux ESTATES(H-2022-0062) 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
combined preliminary/final plat, common driveway exhibit, landscape
plan and conceptual building elevations included in Section VIII of the
Staff Report attached to the Findings of Fact and Conclusions of Law
attached hereto as Exhibit`B" and the provisions contained herein.
b. The existing home shall 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. The address of the existing home shall change with development.
d. Provide a 10-foot-wide detached sidewalk within the required street buffer
along N. Meridian Rd.
e. A new garage for the existing home shall be constructed in accord with
the off-street parking standards listed in UDC Table 11-3C-6 for single-
family detached dwellings prior to City Engineer signature on the final
plat.
f. The rear and/or sides of homes facing N. Meridian Rd. and W. Producer
Dr. 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 streets.
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
DEVELOPMENT AGREEMENT-BORDEAux ESTATES(H-2022-0062) PAGE 3 OF 7
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 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
DEVELOPMENT AGREEMENT-BORDEAux ESTATES(H-2022-0062) PAGE 4 OF 7
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 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:
2 North Homes LLC
P.O. Box 140798
Garden City, Idaho 83714
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-BORDEAux ESTATES(H-2022-0062) 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: In 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-BORDEAux ESTATES(H-2022-0062) PAGE 6 OF 7
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinahove provided.
OWNER/DEVELOPER:
2 North mes LLC
B34
Its: In [t~ ,—
State of
�!'
County of dw ss: }
On this A day of 2 23,before me,the undersigned,a Notary Public in and for said State,
personally appeared ��j tjW � L'(IJ,,..- ,known or identified tome to be the MgqqRer of 2
North Homes LLC and the person who signed above and acknowledged to me that he executed th ame.
IN WITNESS WHEREOF, I have hereunto set my hanA an ffixed ay and year in this
certificate first above written.
LASARHA BLIRI.AN€1 My Commission Expires:
Notary Public-State of Idaho
Commission Number 20231624
My Commission Expires Apr 5,20z9
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 8-22-2023 Chris Johnson,City Clerk 8-22-2023
STATE OF IDAHO )
ss
County of Ada ]
On this 22nckay of August ,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.
Notary Public for Idaho 3-28-2028
My Commission Expires:
DEVELOPMENT AGREEMENT—BORDEAux ESTATES(H-2022-0062) PAGF:7 01.-7
EXHIBIT A
ANNEXATION
FOR
2 NORTH HOMES
A parcel of land lying in the S 1/2 of the NE 1/4 of Section 25,Township 4 North, Range
1 West, Boise Meridian, Ada County, Idaho, said parcel being more particularly
described as follows:
Commencing at a Brass Cap marking the NE corner of Section 25; thence along the East
Section line S.0° 24' 56" W., 2,391.71 feet to a point monumented by a 5/8 inch iron pin,
said point being the POINT OF BEGINNING;
Thence S.0° 24' 56" W., continuing along the east line of Section 25 209.45 feet to a
point;
Thence N 89' 25' 24" W along the north line of lots 4 and 5 block 49 of Paramount
Subdivision No. 21 329.09 feet to a point monumented by a 5/8 inch iron pin;
Thence N.0° 26' 39" E., 321.39 feet to a point being the north easterly most corner of lot
9 block 49 of Paramount Subdivision No. 21 and monumented by a 5/8 inch iron pin;
Thence 5.70° 38' 47" E., 347.76 feet to the POINT OF BEGINNING.
Said parcel contains 2.00 acres, more or less, and is subject to all existing easements and
right-of-ways of record or implied.
Do
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Page 1
ANNEXATION EXHIBIT DRAWING SHOWING A
PORTION OF THE S. Y OF THE N.E. Y4 OF Y
SECTION 24, TOGETHER WITH LOT 5, BLOCK 49
OF PARAMOUNT SUBDIVISION NO. 21, FILED IN
BOOK 105 OF PLATS PAGES 14238 THOUGH
14240, LYING IN THE E ) OF SECTION 25, T.4N., ��-
j 1 RAW., B.M., ADA COUNTY IDAHO, 2022
_ 24 is
25 30
70 97£
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LEQEND
SECTION LINE
i
LOT LIRE
PROPOSED DEVELOPMENT 3
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n I ® FOUND 5/8- IRON PIN
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F F z CALCULATED POINT NOT SET
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N89' 25' 24'W 328-09'
294,12'-
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7�1
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N N N
S89'27' WE 329.12'` !
GRAPHIC SCALE
as o +x.s z5 so 100
W. PRODUCER DR.
[IN FEET]
I Inch- 50 n.
. ` 61 RESIGN BY: SfEET; OF
l•�1• `� J-J• H4WARa D7/2+/z��zz EJH IN + � ANNEXATION
ggppm/SU0E 5GIE: DWM Br. CRFNNC N0.
yoe mx r.�u/Mw...�f�tl wao 1" 50 TM 220111 EXHIBIT A
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAWC f1E IDIAN�
AND DECISION &ORDER A
In the Matter of the Request for Annexation of Two(2)Acres of Land with an R-8 Zoning District;
and Combined Preliminary& Final Plat Consisting of Four(4)Building Lots and One (1) Common
Lot on 2.22-Acres of Land in the R-8 Zoning District for Bordeaux Estates Subdivision,by J.J.
Howard, LLC.
Case No(s). H-2022-0062
For the City Council Hearing Date of: June 6, 2023 (Findings on June 20,2023)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 6, 2023, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 6, 2023, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 6, 2023,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of June 6,2023, 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 BORDEAUX ESTATES SUBDIVISION-AZ,PFP H-2022-0062
- I -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of June 6, 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 § I I-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 combined preliminary and final plat is
hereby approved with the requirement of a Development Agreement per the provisions in the
Staff Report for the hearing date of June 6, 2023, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Combined Preliminary and Final 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 I I-
6B-7C).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. 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 BORDEAUX ESTATES SUBDIVISION-AZ,PFP H-2022-0062
-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 §§67-652 1(1)(d)and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of June 6,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR BORDEAUX ESTATES SUBDIVISION-AZ,PFP H-2022-0062
-3-
By action of the City Council at its regular meeting held on the 20th day of June
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 AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert Si son 6-20-2023
Attest:
( 1/L
see,
Chris Johns
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: rh
o lw q l �(w Dated: 6-20-2023
City Clerk's Office (
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR BORDEAUX ESTATES SUBDIVISION-AZ,PFP H-2022-0062
-4-
STAFF REPORT C�WIE
IIIT
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING June 6,2023 Legend
DATE:
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner -Ji-
208-884-5533
FS.
SUBJECT: Bordeaux Estates >
H-2022-0062 U3.
LOCATION: 5665 N. Meridian Rd.,generally located LU E p
in the northeast 1/4of Section 25,TAN.,
>
R.lW. (Parcels#S0425142315 & LU "X
R6905370210)
Sy JY
f-T )I
F_=1
I. PROJECT DESCRIPTION
Annexation of two (2) acres of land with an R-8 zoning district; and combined preliminary&final plat
consisting of four(4)building lots and one(1)common lot on 2.22-acres of land in the R-8 zoning district
for Bordeaux Estates Subdivision.
11. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 2.22 acres
Future Land Use Designation Medium Density Residential(MDR)
Existing Land Use Rural residential
Proposed Land Use(s) Single-family detached dwellings(3 new homes& I existing home)
Current Zoning Rural Urban Transition(RUT)in Ada County&Medium-density Residential
(R-8)
Proposed Zoning R-8
Lots(#and type;bldg/common) 4 building/l common
Phasing plan(#of phases) I
Number of Residential Units(type 4 single-family detached units
of units)
Density(gross&net) 1.8 units/acre(gross)
Open Space(acres,total[%] NA
buffer/qualified)
Amenities NA
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date 6/28/22
History(previous approvals) A Record of Survey(#0099)was approved in 1980 on the northern parcel
(#S0425142315). The southern parcel(#R6905370210)was annexed and
included in the Paramount North development as Lot 5,Block 49,Paramount
Sub.#21 (AZ-12-002,Ordinance#12-1522).
B. Community Metrics
Description Details
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD Commission No
Action es/no
• TIS es/no No(not required)
• Existing Conditions There are(2)existing driveways via N.Meridian Rd.
• CIP/IFYWP Merldlan Road Is scheduled in the IFMP to be widened to 3-lanes from McMillparn
Road to SH-24126 ICWden Boulevards with the design year in 2025 and the
eonstrucfian date rKA yet determined.
P inducer Vrive io whvduled in te IFYWP as a c4�mmunity improwemerkt project to
antaMilih nFw Wig ly ovnkoPa,including wayfirrdirr ac y r,-ignaya in 20R$.
Access(Arterial/Collectors/State Access is proposed via a common driveway from W.Producer Dr.
H /Local)(Existin and Proposed)
Proposed Road Improvements None
Fire Service No comments received
Police Service No comments received
West Ada School District No comments received
Distance(elem,ms,hs)
Capacity of Schools
#of Students Enrolled
Wastewater
• Distance to Sewer Services Directly adjacent
• Sewer Shed
• Estimated Project Sewer ERU's
• WRRF Declining Balance
• Project Consistent with WW
Master Plan/Facility Plan
• Impacts/Concerns
Water
• Distance to Services Directly adjacent
• Pressure Zone
• Estimated Project Water ERU's See application
• Water Quality Concerns None
• Project Consistent with Water Yes
Master Plan
9 Impacts/Concerns
C. Project Maps
Future Land Use Map Aerial Map
Legend Legend
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Zoning Map Planned Development Map
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III. APPLICANT INFORMATION
A. Applicant:
Michelle Foley,J.J. Howard, LLC—5983 W. State St., Ste. D,Boise,ID 83703
B. Owner:
Michael Jobes,2 North Homes,LLC—PO Box 140798, Garden City, ID 83714
C. Representative:
Same as Owner
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 4/19/2023 5/21/2023
Radius notification mailed to
property owners within 300 feet 4/14/2023 5/12/2023
Public hearing notice sign posted
4/19/2023 5/18/2023
on site
Nextdoor posting 4/14/2023 5/15/2023
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 3 to 8 dwelling units per acre.
The subject property is part of a larger enclave surrounded by single-family residential properties on land
also designated MDR on the FLUM. The Applicant proposes a 4-lot subdivision for single-family residential
detached homes at a gross density of 1.8 units per acre,which by itself is below the desired density range of
the MDR designation but with the abutting Paramount subdivision development to the west and the
undeveloped land to the north,the overall density is anticipated to be within the desired range for the area.
This property has limited access via a common driveway from W. Producer Dr. through an easement over
land owned by the Paramount Owner's Association. The Owner's Association will only allow a maximum of
four(4)homes to have access through the easement,thus preventing a greater density on this site.
Additionally, a maximum of four(4)homes are allowed to have access from a common driveway per UDC
11-6C-3D.1. For these reasons, Staff finds the proposed development in general conformance with the
Comprehensive Plan without an amendment to the FLUM.
TRANSPORTATION: The Master Street Map(MSM)does not depict any collector streets across this
property. West Producer Dr. adjacent to the southern boundary of this site is a residential collector street.
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 consisting of 2,500-5,558 square feet with a mix of
larger lot sizes (i.e. 0.33-0.56-acre) will contribute to the variety of housing options in this area and
within the City as desired.
• "Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval, and in accord with any adopted levels of service for
public facilities and services."(3.03.03F)
City water and sewer service is available and can be extended by the developer with development in
accord with UDC 11-3A-21.
• "Avoid the concentration of any one housing type or lot size in any geographical area;provide for
diverse housing types throughout the City."(2.01.01 G)
The proposed larger homes on larger lots than typical will contribute to the diversity in housing
types in this area. The proposed development offers a variety of lot sizes from 0.33-0.56-acre with
home sizes consisting of 2,S00-S,558 square feet.
• "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 proposed site design with larger lot sizes will provide a good transition in density and lot sizes
to abutting smaller lots to the west.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed and existing adjacent uses are all single-family detached residential homes, which
should be generally compatible with each other, thereby reducing conflicts and maximizing use of
land.
• "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)
Development of the subject property, which is part of a larger enclave area, should not negatively
impact abutting existing development due to the larger lots sizes and density proposed. (This
development is not downtown)
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of
Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A)
The proposed development will connect to City water and sewer systems with development of the
subdivision;services are required to be provided to and though this development in accord with
current City plans.
• "Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity."(2.02.01D)
A sidewalk exists to the south along W. Producer Dr. and a sidewalk is proposed with development
within the street buffer along N. Meridian Rd. Because this site is within close proximity to both of
these pedestrian facilities, which provide pedestrian connectivity to adjacent developments, no other
pathways are proposed or required.
• "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."
With redevelopment of the site, the existing home is required to connect to City water and sewer
service; the existing septic system and well should be abandoned.
• "Reduce the number of existing access points onto arterial streets by using methods such as cross-
access agreements, access management, and frontage/backage roads,and promoting local and
collector street connectivity."(6.01.02B)
There are currently two (2)access points on N.Meridian Rd.for this property. With development,
both of these accesses will be closed and access will be provided via a common driveway from the
adjacent collector street(i.e. Producer) along the southern boundary of the site.
• "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 a portion of the larger infill area will contribute to maximizing public services.
VI. STAFF ANALYSIS
A. ANNEXATION(AZ)
The Applicant proposes to annex 2.0 acres of land with an R-8 zoning district,which is generally
consistent with the MDR FLUM designation as discussed above in Section V.
A legal description and exhibit map for the annexation area is included in Section VIII.A. This property
is within the City's Area of City Impact boundary.
A combined preliminary and final plat and conceptual building elevations were submitted showing how
the property is proposed to be subdivided and developed with three(3)new single-family residential
detached dwellings;the existing home is proposed to remain and be remodeled(see Section VIII).
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.
The City may require a development agreement(DA)in conjunction with an annexation pursuant to
Idaho Code section 67-6511A. To ensure the subject property develops as proposed, Staff
recommends a DA is required with the provisions discussed herein and included in Section IX.A.
B. PRELIMINARY PLAT/FINAL PLAT(PFP):
The proposed combined preliminary/final plat consists of four(4)building lots and one (1)common lot
on 2.22 acres of land in the proposed R-8 zoning district as shown in Section VIII.B. A portion of the
proposed subdivision is a resubdivision of Lot 5,Block 49,Paramount Subdivision No. 21. Proposed
lots range in size from 0.33-0.56-acre with home sizes consisting of 2,500-5,558 square feet. The
subdivision is proposed to develop in one(1)phase.
Existing Structures/Site Improvements: There is an existing home with an attached garage and several
outbuildings on the property. The existing home is proposed to remain;the attached garage and other
structures are proposed to be removed. Prior to the City Engineer's signature on the final plat, all
existing structures that don't comply with the setbacks of the district shall be removed.The
existing home will be required to obtain a new address.
It appears the existing home will encroach 1+/-foot into the required 35-foot wide street buffer along N.
Meridian Rd. If so, it's considered a nonconforming structure and is subject to the standards listed in
UDC 11-1B-5.
Dimensional Standards (UDC 11-2): The proposed plat, existing structures and subsequent
development are required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the
R-8 zoning district. The proposed lots comply with the dimensional standards of the district. If the
existing home is unable to comply with the minimum setbacks of the district it may be deemed a
nonconforming structure as defined in UDC 11-IA-1. The symbols for the"adjacent lot line"and the
"easement" appear to be the same on the final plat; change one of them to another symbol.
Access: Access is proposed via a common driveway from W. Producer Dr., a residential collector street
adjacent to the southern boundary of this site. A revised common driveway exhibit was submitted as
shown in Section VIII.0 that complies with the standards listed in UDC 11-6C-3D; '^^weVef,the
sethaeks for-Lots 1 md 2 depicted on the exhibit do not all eemply with the Minimum sethaeks for the R
8 dist+iet and a 3 5 foot wide landseape buffer-is r-e"ir-ed,not a 25 foot wide buffer-. The e*hibit should
be r-evised pr-ier-to the Gotmeil hearing to r-efleet eomplianee with the dimensional standards [i.e.the
north side of Lot 2 should be the rear sethaek and the West side should be the side setback; the existing
home appears to eneroaeh within the rear and possibly the(south) side sethaek; the street buff-er needs to
be widened to 35 feet; and the fenee along Mer-idian Rd. (if proposed)needs to be plaeed on the inter-iort-
edge f the sweet bu ff- .,
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.A copy of such should be submitted with the final plat for City Engineer signature.
Alternatively,plat note#8 could be modified to include this information.Direct access via N.
Meridian Rd., an arterial street,is prohibited. The garage for the existing home accessed via N. Meridian
Rd. is being removed and a new detached garage constructed,which will be accessed from the common
driveway.
Use of the common driveway is dependent on obtaining an access easement from the Paramount
Owner's Association for access over Lot 2,Block 49,Paramount Sub.No. 15 and Lot 3,Block 49,
Paramount Sub.No. 21.A drat of the easement was submitted that has not yet been signed and
recorded. Prior to signature on the final plat by the City Engineer,the easement shall be recorded
and graphically depicted on the final plat with a recorded instrument number of the easement.
Landscaping(UDC 11-3B): A 25-foot wide street buffer is depicted on the plat along N. Meridian Rd.
The buffer is required to be widened to 35-feet in accord with UDC Table 11-2A-6 as Meridian Rd.
is classified as an entryway corridor; the buffer should be landscaped in accord with the standards
listed in UDC 11-3B-7C.Additional landscape design features are required within landscape
buffers along entryway corridors per the standards in UDC 11-3B-7C.3f. The proposed buffer
incorporates a 3:1 berm with a boulder wall at the back edge of the buffer at a maximum height of
3-feet.Alternative compliance may be requested to the width of the street buffer as set forth in UDC 11-
3B-7C.1 c, however, a reduction to the buffer width shall not affect building setbacks—all structures
shall be set back from the property line a minimum of the buffer width required in the district(except for
nonconforming structures).
There are several existing trees on the site—where possible,existing trees are proposed to be
retained; however,some will need to be removed with development as depicted on the landscape
plan.Mitigation is required in accord with the standards listed in UDC 11-3B-10C.5; calculations
demonstrating compliance with the aforementioned standards should be depicted on the landscape
plan.
Common Open Space& Site Amenities(UDC 11-3G-3): Because the site is below 5-acres in size,
common open space is not required per UDC 11-3G-2.
Pathways: There are no pathways depicted on the Pathways Master Plan for this site. A 10-foot wide
multi-use pathway exists within the street buffer along Producer Dr. adjacent to the south boundary of
the site.
Sidewalks(11-3A-17): Five-foot wide detached sidewalks are typically required within street buffers
along arterial streets. However,because ACHD is changing policy to require detached 10-foot wide
pathways along arterial streets in lieu of on-street bike lanes for safety reasons, Staff recommends
a 10-foot wide sidewalk is required as a provision of the development agreement.
Parking: Off-street parking is required to be provided for each home based on the total number of
bedrooms per unit as set forth in UDC Table 11-3C-6. Because the attached garage is proposed to be
removed from the existing home, Staff recommends a provision in the DA requiring a new garage to be
constructed as proposed that provides parking in accord with UDC standards.
Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. The landscape
plan depicts existing fencing along the west boundary of the site.A 6-foot tall closed vision fence is
depicted along the east boundary of the site at the back edge of the street buffer,which will need to be
widened to a minimum of 35 feet. A 6-foot tall closed vision wood fence exists along the southern
boundary of the site.A 6-foot tall cedar fence is proposed along the north boundary of the site,
which should be depicted on the plans.
Waterways: There are no waterways that cross this site. Any irrigation ditches crossing this site shall be
piped or otherwise covered as set forth in UDC 11-3A-6B.3.
Utilities (UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC
11-3A-21. The existing home is 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.
Street lighting is required to be installed in accord with the City's adopted standards, specifications and
ordinances.
Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required
to be provided to each lot within the subdivision as set forth in UDC 11-3A-15.
Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments
in accord with the City's adopted standards, specifications and ordinances. Design and construction shall
follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A storm
drainage report and Geotechnical En ink eering Evaluation was submitted with this application.
Building Elevations: One(1) conceptual building elevation for Lots 2, 3 and 5 and one(1)conceptual
elevation of the remodeled existing home on Lot 1 with a new addition and detached garage in a modern
farmhouse design was submitted as shown in Section VIII.F. Building materials consist of hardi or LP
board&batten siding mixed with 8"lap siding,merril stone and natural wood accents, and architectural
ashphalt shingles with standing seam metal roof accents. Design review is not required for single-family
detached structures. However,because the rear and/or sides of homes facing N. Meridian Rd. and W.
Producer Dr.will be highly visible,those elevations should 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 adjacent public streets.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed annexation with the requirement of a Development
Agreement, and combined preliminary and final 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 May 4,2023.At the public
hearing,the Commission moved to recommend approval of the subject AZ and PFP requests.
1. Summary of Commission public hearing_
a. In favor: Michael Jobes,2 North Homes
b. In opposition:None
c. Commenting. None
d. Written testimony: None
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony
a. None
3. key issue(s)of discussion by Commission:
a. Consensus that the proposed development, including the density, is gppropriate for this
ro e
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandin issue(s)ssue(s) for City Council:
C. The Meridian City Council heard these items on June 6,2023.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: Eric Howard.JJ Howard
b. In opposition:None
C. Commenting: None
d. Written testimony:None
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation.
a. At Staff s request,modify DA provision#A.1 e to require the new garage for the existing
home to be constructed prior to City Engineer signature on the final plat.
VIII. EXHIBITS
A. Annexation Legal Description and Exhibit Map
ANNEXATION
FOR
2 NORTH HOMES
A parcel of land lying in the 5 112 of the NE 114 of Section 25, Township 4 N{1rth. Range
I West,Boise Meridian, Ada County,Idaho, said parcel being jnore particularlt•
described as ftrllows:
Commencing at a Brass Cap marking the ICE corner of Section 25.thence along the East
Section line S-0"24' 56" .,2.391,71 feet to a point nionurnented by a 518 inch iron pin,
said point being the POrNT OF BEGINNING;
Th-cnee&0'24' 56" W., continuing along the east line of Section 25 2(}9.45 feet to a
pni11r;
Thence N 89'25' 24" W along the north litre of lots 4 and 5 block 49 of PztraniotinI
Subdivision No_ 21 329.09 feet to a paint monumonted by a 5l8 inch iron pin;
Thence N.0'26' 39"E.,3 21.3 9 feet to a point being the nortl,easterly most corner of lot
9 block 49 of Paramount Subdivisiom No. 21 and montunented by a 5}8 inch irnrt pin:
Thence 5.70° 38' 47" L., 347.76 feet to the POINT OF B C71NN1NG,
Said parcel contains 2.00 aches, more or Iess.and is subject to a]I existing ease ntenls and
right-of-ways of record or implied.
15758
4t' �� '
ANNEXATION EXHIBIT ORAIMNG SHON9NG A
PORTION OF THE S. Y OF THE N.E. Y. OF N
SECTOR MO TOGETHER WITI LOT S, BLOCK 49
OF PARAMOUNT SUBDPLATS
PAGE N0. 21,THOUGH
IN
BOOK 105 OF PLATS PAGES SECTION
5, T.4
14240, LUNG IN THE F 14 OF SECTOR 25, T.0.N.,
\\ R.1 W., B.M., ADA COUNTY IDAHO, 2022
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Lot 1 Existing House/ Remodel and Addition
(Change front of Dame to access private drive).
New Addition and Detached Garage with Pergola
3838 SF III'and 2m Floor)
1220 5F Basement)
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Design Criteria:
Modern Farmhouse Design
Exterior Finishes:
Architectural Asphalt Shingles (Main Roofs)
Standing Seam Metal Roofs (Shed Roofs)
Black Exterior Windows
Natural Wood Elements (Pasts and Accents)
Siding-Hardie or LP Board &Batten Siding/Mixed with 8" Lap Siding
Merrill Stone Natural
IX. CITY/AGENCY COMMENTS & CONDITIONS
The Appheant shall revise the eommon driveway exhibit in Seetion V111.D per the affalysis in Seetion 3,11.B
pfior to the City Gotineil hearing.
A. PLANNING DIVISION
1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to
approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the
property owner(s)at the time of annexation ordinance adoption, and the developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA shall,
at minimum, incorporate the following provisions IF City Council determines annexation is in the
best interest of the City:
a. Future development of this site shall be generally consistent with the combined preliminary/final
plat, common driveway exhibit, landscape plan and conceptual building elevations included in
Section VIII and the provisions contained herein.
b. The existing home shall 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. The address of the existing home shall change with development.
d. Provide a 10-foot wide detached sidewalk within the required street buffer along N. Meridian
Rd.
e. A new garage for the existing home shall be constructed in accord with the off-street parking
standards listed in UDC Table 11-3C-6 for single-family detached dwellings prior to City
Engineer signature on the final plat.
f. The rear and/or sides of homes facing N. Meridian Rd. and W. Producer Dr. 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 streets.
2. The final plat submitted for City Engineer signature shall include the following revisions:
a. Depict a 35-foot wide street buffer along N. Meridian Rd., an entryway corridor,per UDC Table
11-2A-6,in a permanent dedicated buffer or a common lot. The buffer shall be measured from
the ultimate curb location as anticipated by ACHD.
b. Depict a 10-foot wide detached sidewalk within the street buffer along N. Meridian Rd. with an
average minimum separation of greater than four(4)feet to back of curb.
c. Note#8: Modify the blanket ingress-egress easement to include the requirement for maintenance
of a paved surface capable of supporting fire vehicles and equipment; or, submit a copy of a
separate recorded easement as noted below in condition#5.
d. Depict the location of the ingress-egress easement over Lot 2,Block 49,Paramount Sub.No. 15
and Lot 3,Block 49,Paramount Sub.No. 21 and include the recorded instrument number of the
easement.
e. The symbols for the"adjacent lot line"and the"easement"appear to be the same on the final
plat; change one of them to another symbol.
3. The landscape plan submitted with the final plat for City Engineer signature shall include the
following revisions:
a. Depict a 35-foot wide street buffer along N. Meridian Rd., an entryway corridor,per UDC Table
11-2A-6,measured from the ultimate curb location as anticipated by ACHD, landscaped in
accord with the standards listed in UDC 11-3B-7C. Depict additional landscape design features
within the buffer in accord with the entryway corridor standards in UDC 11-3B-7C 3f. Also,
depict the future curb location as anticipated by ACHD.
b. Include mitigation information for all existing trees being removed from the site in accord with
the standards listed in UDC 11-3B-I0C 5.
c. Depict a 6-foot tall wood fence along the northern boundary of the site as proposed.
d. Depict fencing(if proposed)at the interior edge of the street buffer along N. Meridian Rd.
4. The common driveway shall comply with the standards listed in UDC 11-6C-3D and the common
driveway exhibit in Section VIII.D.
5. All irrigation ditches crossing this site shall be piped or otherwise covered as set forth in UDC H-
3A-6B.3.
6. 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. A copy of such should be submitted with the final plat for City Engineer signature.
Alternatively, modify plat note#8 as noted above in condition#2c.
7. All existing structures,excluding the existing home,that don't comply with the setbacks of the R-8
zoning district listed in UDC Table 11-2A-6 shall be removed from the site prior to submittal of the
final plat for City Engineer signature. If the existing home encroaches within the required setback
along N. Meridian Rd., it shall be deemed a nonconforming structure subject to the standards listed
in UDC I1-IB-5.
8. Approval of a combined preliminary and final 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
combined preliminary and final plat. Upon written request and filing by the applicant prior to the
termination of the period,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 A streetlight plan will be required for the development of this property.
1.2 Provide second valve on 12" main in W. Producer Drive to the east side of the connection point.
1.3 Water and sewer in parallel require a minimum 30'easement
1.4 If a well is located on the site it must be abandoned per regulatory requirements.
1.5 Do not have bends in the ROW for the water service line. In this case it will be allowed to have
the service tie into the main at an angle that is not perpendicular to the main. Also make sure the
proper separation between water and sewer services is provided.
1.6 Sewer services must be 90 degrees to the main or connected to the manhole.
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right
of way(include all water services and hydrants). The easement widths shall be 20-feet wide for
a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement(on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor,which must include the area of the easement(marked
EXHIBIT A)and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B)for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted,reviewed, and approved prior to development plan approval.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or
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. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridiancitE.or$/WebLinkIDocView.aspx?id=290741&dbid=0&repo=MeridianCity
D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=291407&dbid=0&repo=MeridianCity
E. ADA COUNTY DEVELOPMENT SERVICES(ACDS)
https:llweblink.meridiancity.org/WebLink/Doc View.aspx?id=290567&dbid=0&repo=Meridian City
F. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=293548&dbid=0&repo=MeridianCity
G. ADA COUNTY HIGHWAY DISTRICT(ACHD)
TIS: https:llweblink.meridianciU.org/WebLinkIDocView.aspx?id=290366&dbid=0&roo=MeridianCity
https:llweblink.meridiancitE.orglWebLinkIDocView.aspx?id=290371&dbid=0&rgpo=MeridianCity
X. FINDINGS
A. Annexation and/or Rezone(UDC 11-513-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall,at the public hearing,review the application. In order to grant an annexation
and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the Applicant's request to annex the subject property with R-8 zoning and
develop single-family detached dwellings on the site at a gross density of 1.9 units per acren is
generally consistent with the Comprehensive Plan per the analysis in Section V.
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 also zoned R-8 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 but due to the small number of lots proposed, the
impact should be minimal.
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. Combined Preliminary/Final Plat(UDC 11-6B-6)
In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-
making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008)
The City Council finds the proposed plat is in conformance with the UDC and generally conforms
with the Comprehensive Plan.
2. Public services are available or can be made available ad are adequate to accommodate the proposed
development;
The City Council finds public services can be made available to the subject property and will be
adequate to accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's capital
improvement program;
The City Council finds the proposed right-of-way dedication for the expansion ofN. Meridian Rd. is
in conformance with the IFYWP to widen Meridian Rd. to 3-lanes from McMillan Rd. to SH-20126
(Chinden Blvd.).
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.
V IDIAN�
AGENDA ITEM
ITEM TOPIC: Acceptance Agreement between the City of Meridian and Eileen Gay for
Public Art at the Five Mile Creek Pathway Trailhub: "Water Metrics"
ACCEPTANCE AGREEMENT FOR PUBLIC ART AT
FIVE MILE CREEK PATHWAY TRAILHUB: "WATER METRICS"
This ACCEPTANCE AGREEMENT is made this22nd day of August ,2023
("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the
Iaws of the State of Idaho("City"),and Eileen Gay,a sole proprietor whose address is 2051 Canal
Road,Sparks,Nevada("Artist"). (City and Artist may hereinafter be collectively referred to as
"Parties.")
WHEREAS,on July 5, 2023,Artist installed at Five Mile Creek Pathway Trailhub artwork
entitled"Water Metrics,"a concrete sculptural mosaic gateway("Artwork");
WHEREAS,on December 6,2022,City and Artist entered into a Professional Services
Agreement for Fabrication and Installation of Five Mile Creek Pathway Artwork("December 6, 2022
Agreement")that includes, in Section II.C.6.b,a requirement that the parties enter into a mutually
agreed-upon acceptance agreement as a condition of the City's Final Acceptance of the artwork
designed,created,and installed by Artist pursuant to the December 6,2022 Agreement;
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of
which is hereby,and in the December 6,2022 Agreement,acknowledged and agreed,and in
consideration of the mutual promises and covenants herein contained,the Parties agree as follows:
I.INDEMNIFICATION.
Artist hereby indemnifies and saves and holds harmless City and its respective employees,elected
officials,agents,guests,volunteers,and/or business invitees, from any and all liabilities,losses,claims,
actions,and/or judgments for damages,expenses,and/or injury to any person or property caused or
incurred by or as the result of the performance of or failure to perform any work or service under or
related to the December 6,2022 Agreement.
Artist specifically hereby indemnifies and saves and holds harmless City and its respective employees,
elected officials,agents,guests,and/or business invitees,from any and all liabilities,losses,claims,actions,
judgments for damages,expenses,or injury to any person or to property arising as a result of:
A. Artist's failure,or the failure of any agent,employee,or subcontractor of Artist to exercise
reasonable care,skill or diligence in the performance of any work or service under or related to
the December 6, 2022 Agreement and any and all addenda thereto;
B. Any breach of any representation,warranty or covenant made by Artist,or by any of Artist's
agent(s),employee(s),or subcontractor(s);
C. Artist's infringement of or upon any intellectual property rights,whether intentional or
unintentional,known or unknown, including any copyright or patent arising out of the
reproduction or use in any manner of any plans,designs,drawings,specifications, information,
material, sketches,notes or documents created by Artist in the performance of any work or
service under the December 6,2022 Agreement and any and all addenda thereto; and/or
ACCEPTANCE AGREEMENT
WATER METRICS PAGE 1 of 2
D. The malfunction,breakage,or failure of the artwork,or any portion or component thereof,
created and installed under the December 6,2022 Agreement and any and all addenda thereto.
II.WAIVER.
Artist hereby waives and releases,on behalf of Artist,Artist's employees,agents,heirs,executors,
administrators,assigns, and/or personal representatives,any and all claims and/or rights for damages
Artist now has or may hereafter have against the City of Meridian and/or its employees,elected
officials,agents, guests, and/or business invitees, suffered in connection with or arising out of the
performance of any work or service under or related to the December 6, 2022 Agreement. Except as
otherwise expressly delineated in the December 6,2022 Agreement, Artist hereby waives any and all
right,title,or interest in the Artwork and/or all items created under,assembled pursuant to,and/or
otherwise related to the December 6,2022 Agreement and any and all addenda thereto.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective
Date first written above.
ARTIST:
EAdinGay
CITY OF ME AN:
BY:
Robert E. Siniison, Mayor 8-22-2023
Attest:
Chris Johnson,City Clerk 8-22-2023
ACCEPTANCE AGREEMENT
WATER METRICS PAGE 2 of 2
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Fiscal Year 2024 Net-Zero Budget Amendment in the amount of$500,000.00
for Developer Reimbursement of Hunter Lateral Relocation Project costs
8/14/2023 8:25AM City of Meridian FY2024 Budget Amendment Form
Personnel Costs Full Time Equivalent(FTE):
Fund# Dept.# G/L# Proj.# G/L#Description Total Ef�
01 1840 41200 11404 Wages
01 1840 41206 11404 PT/Seasonal Wages
01 1840 41210 11404 Overtime Please only complete the fields
01 1840 41304 11404 Uniform Allowance highlighted in Orange.
01 1840 42021 11404 FICA $ Amendment Details
01 1 1840 1 42022 1 11404 1 PERSI I $ Title: Hunter Lateral Relocation
01 1 1840 1 42024 1 11404 Worker's Comp 1 $ Department Name: Other Government
01 1 1840 1 42025 1 11404 1 Employee Insurance $ Presenting Department Name: Other Government
Total Personnel Costs $ Department#: 1840
Operating Expenditures Primary Funding Source: 1
Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#:
01 1840 80150 1 11404 Developer Reimbursements $ 500,000 $ 500,000 Project#: 11404
01 1840 11404 $ -
01 1840 11404 $ Is this for an Emergency? ❑ Yes ❑ No
01 1840 11404 $ New Level of Service? ❑ Yes ❑ No
01 1840 11404 $
01 1840 11404 $ Clerks Office Stamp
01 1840 11404 $
01 1840 11404 $
01 1840 11404 $
01 1840 11404 $
01 1840 11404 $
01 1840 1 11404 $
01 1840 11404 $ Date of Council Approval 8-22-2023
Total Operating Expenditures $ 500,000 $ $ 500,000
Capital Outlay
Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date
01 1840 11404
01 1840 11404
01 1840 11404 Department Director
01 1840 11404 REVIEWED
01 1840 11404 By Todd Lavoie at 8:26 am,Aug 14,2023
01 1840 11404 Chief Financial Officer
Total Capital Outlay $
Revenue/Donations Approved Brad Hoaglun via email 8.16.23
Fund# Dept.# G/L# Proj.# G/L#Description Total Co nc I Liaison
01 1840 1 33120 1 11404 Reimbursement Revenues $ 500,000 8-16-23
01 1840 11404
_+_
01 1840 11404 Mayor
Total Revenue/Donations $ 500,000
Total Amendment Request $ -
City of Meridian FY2024 Budget Amendment Form F:\Budget\FY2024\FY2024 Amendments\1.Pending Amendments\FY2024 Budget Amendment Form_OG_Centennial Park Infrastructure
8/14/2023 8:25AM City of Meridian FY2024 Budget Amendment Form
Total Amendment Cost-Lifetime
Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Other Government
Funding 2024 2025 2026 2027 2028 Title: Centennial Park Infrastructure Project
Personnel $ - $ $ $ $ —trueti—for Submitting Budget Amendment!
Operating $ 500,000 $ $ $ $ ➢ Department will send Amendment with Directors signature to Finance(Budget Manager)for review
Capital $ - ➢ Finance will send Amendment to Council Liaison for signature
Total $ - $ 500,000 $ - $ - $ - $ ➢Council Liaison will send signed Amendment to Mayor
Total Estimated Project Cost: $ 500,000 ➢ Mayorwill send signed Amendment to Finance(Budget Manager}
Evaluation Questions ➢ Finance(Budget Manager)will send approved copy of Amendment to Department
Please answer all Evaluation Questions using the financial data referenced above. ➢ Department will add copy of Amendmentto council Agenda using Municode Agenda Manager
1. Describe what is being requested?
Per the amended Memorandum of Agreement between the City,MDC,and Meridian Caddis,LLC,the City intends to bid the Hunter Lateral relocation project,award the bid,
manage the project,and make payments directly to the contractor;however,Meridian Caddis will reimburse the City for all project expenses pursuant to a Funding Agreement,
which is currently being negotiated.The City will not proceed with the award of the bid for this project until the Funding Agreement is executed.
2. Why was this budget request not submitted during the current fiscal year budget cycle?
The project was not finalized during the normal budget development cycle,so no funds were allocated at that time.
3. What is the explanation for not submitting this budget request during the next fiscal year budget c cle?
This project is ready to move forward this winter.Waiting for the normal budget cycle for this one-time expense would not provide the necessary upgrades in a timely manner.
This project was not submitted during the normal budget cycle because the project had not yet been finalized.
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 Balance initially.Under the Funding Agreement,however,the developer will reimburse the the project costs.The City will not award the construction contract for the
project until the Funding Agreement has been executed.
Oil
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?
Yes.Collaboration with MDC on an urban renewal project to revitalize and redevelop the Downtown area.
6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments.
Yes.Public Works will be the project managers of this project.
7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No
8.Is the amendment going to result in the disposal of an asset?(Yes or No) N
9.Anv additional comments?
Total Amendment Request $ -
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 FY2024 Budget Amendment Form F:\Budget\FY2024\FY2024 Amendments\1.Pending Amendments\FY2024 Budget Amendment Form_OG_Centennial Park Infrastructure
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Resolution No. 23-2404: A Resolution Accepting the 2024 Initial Point Gallery
Schedule and Providing an Effective Date
CITY OF MERIDIAN RESOLUTION NO. 23-2404
BY THE CITY COUNCIL: BORTON, CAVENER,HOAGLUN,
OVERTON,PERRAULT, STRADER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
ACCEPTING THE 2024 INITIAL POINT GALLERY SCHEDULE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS,Meridian City Code sections 2-2-2(A)(2) through (4) charge the Meridian
Arts Commission with stimulating awareness and appreciation of the importance of publicly
accessible art and its benefits to the community, fostering the development of a receptive climate
for the arts, and advising the City Council on the aesthetic aspects of works of art to be displayed
by the City of Meridian;
WHEREAS,the City desires that public art will be a component of Meridian City Hall,
and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as
Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery;
WHEREAS, the Meridian Arts Commission reviewed all responses submitted to the Call
to Artists, selected artists whose works are appropriate for display in Initial Point Gallery based
on their respectively submitted proposals, including images set forth in Exhibit B, and
recommends to the Meridian City Council that such artists' work be displayed in Initial Point
Gallery in 2024; and
WHEREAS, the Mayor and City Council find that display in accordance with the
proposed 2024 Initial Point Gallery Schedule, as set forth in Exhibit B, will serve the best interest
of the people of Meridian and visitors to Meridian City Hall;
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
Section 1. That the proposed 2024 Initial Point Gallery Schedule, attached hereto as
Exhibit B, as may be amended or supplemented by the Arts and Culture Coordinator from time to
time, as necessary, is hereby accepted and adopted by the Mayor and City Council of the City of
Meridian.
Section 2. That the Arts and Culture Coordinator is hereby authorized to invite the artists
enumerated on the 2024 Initial Point Gallery Schedule to display their work in Initial Point
Gallery, subject to terms and conditions of a written agreement to be negotiated by the City
Attorney's Office.
Section 3. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
RESOLUTION ADOPTING 2024 INITIAL POINT GALLERY SCHEDULE Page 1
ADOPTED by the City Council of the City of Meridian, Idaho, this 22ndday of August,
2023.
APPROVED by the Mayor of the City of Meridian, Idaho, this 22nd day of August,
2023.
APPROVED: ATTEST:
Robert E. Simison, Mayor Chris Johnson, City Clerk
RESOLUTION ADOPTING 2024 INITIAL POINT GALLERY SCHEDULE Page 2
February 2024 Dance Study: A Collaboration Between
March
BOSCO & Ballet Idaho
r
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Y.
Apr'i' l 2024 Stillness in the West:
ailey Miller, _ d Choate, Paul Gleason, Rick Jenkins
May
West Ada School District Show
✓ III f T i�l
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16
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� ,�iF.✓�, ���__ -'� - � _ � Ali .. -�„ _ --- � � $ v ��� i�/ (:, �,-�`
Images shown are from WASD's exhibit at
Initial Point Gallery in May 2023
Unplanned
Experience :
June 2024 Pete Grady, Tyler Crabb, Kayla Morgan
JuIv 2024
i
' r�. ��� 11 � •�\f _ -
Cross Sections :
August Jan Freeman Long, Martha Channer,
Se tomber Stephen Fisher
r
A Touch of Landscape :
October 2024 Rosellen Hong, Gary McCall, Mary
Gardiner, Jill Lawley
a
;�✓��+�did'� �' y ,ay sx;,�f �.. tip«
a rG
.fI. r'• 4 F
Human, Animal, Spirit:
November 2024 Leslie Jay
Bosch, • Rodriguez
Ayala, Michelle Grace
December
2024
Midnight Metaphor:
January 2024 Treasure Valley Artist Alliance
�I f�' I 1�..-1 _ Imo; `Ii�I�:, A. -� •- _ �-
w IDIAN�
AGENDA ITEM
ITEM TOPIC: Resolution No. 23-2405: A Resolution of the City Council of the City of
Meridian Reappointing Dave Winder to Seat 4 and Dan Basalone to Seat 9 of the Meridian
Development Corporation; and Providing an Effective Date
CITY OF MERIDIAN RESOLUTION NO. 23-2405
BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN,
OVERTON, PERREAULT, STRADER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN
REAPPOINTING DAVE WINDER TO SEAT 4 AND DAN BASALONE TO SEAT 9 OF THE
MERIDIAN DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Seat 4 and Seat 9 of the Meridian Development Corporation are currently
vacant; and
WHEREAS, the Mayor and City Council find that it is in the best interest of the City of
Meridian and the citizens of Meridian to reappoint Dave Winder to Seat 4 and Dan Basalone to Seat
9 of the Meridian Development Corporation;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MERIDIAN, IDAHO:
Section 1. That Dave Winder is hereby appointed to Seat 4 and Dan Basalone is hereby
appointed to Seat 9 of the Meridian Development Corporation with such terms ending August 31,
2026;
Section 2. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this 22nd day of August,
2023.
APPROVED by the Mayor of the City of Meridian, Idaho, this 22nd day of August, 2023.
APPROVED:
Mayor Robert E. Simison
ATTEST:
Chris Johnson, City Clerk
RESOLUTION REAPPOINTING WINDER AND BASALONE TO MERIDIAN DEVELOPMENT CORPORATION THROUGH 8/31/2026
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Resolution No. 23-2406: A Resolution Amending the City of Meridian
Comprehensive Plan to Update Text, Priorities, and Lead/Support Departments for Certain Policy
Text; and Providing an Effective Date
CITY OF MERIDIAN RESOLUTION NO. 23-2406
BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN,
OVERTON, PERREAULT, STRADER
A RESOLUTION AMENDING THE CITY OF MERIDIAN COMPREHENSIVE PLAN
TO UPDATE TEXT, PRIORITIES, AND LEAD/SUPPORT DEPARTMENTS FOR
CERTAIN POLICY TEXT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 17, 2019, the 2019 City of Meridian Comprehensive Plan
("Comprehensive Plan") was adopted by Meridian City Council Resolution No. 19-2179; and,
WHEREAS, on September 1, 2020 the Comprehensive Plan was amended by Meridian
City Council Resolution No. 20-2224; and
WHEREAS, on December 21, 2021 the Comprehensive Plan was amended by Meridian
City Council Resolution No. 21-2302; and
WHEREAS,on October 25,2022 the Comprehensive Plan was amended by Meridian City
Council Resolution No. 22-2347; and,
WHEREAS,the Community Development Department further recommends amending the
Comprehensive Plan to update text,priorities,and lead/support departments for certain policy text;
and,
WHEREAS, a public hearing was held on August 8, 2023 regarding the proposed
amendments to the Comprehensive Plan; and,
WHEREAS, the Mayor and Council have deemed it appropriate to amend the
Comprehensive Plan, as set forth in the staff report for Case No. H-2023-0029 ("Staff Report"),
which is fully incorporated herein by reference; and
WHEREAS,the City has complied in all respects with the requirements of the Idaho Local
Land Use Planning Act;
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MERIDIAN, IDAHO AS FOLLOWS:
SECTION 1. That the Comprehensive Plan is hereby amended as set forth in the Staff
Report to update text, priorities, and lead/support departments for certain policy text. Pursuant to
Idaho Code § 67-6509(c), a copy of the amended Comprehensive Plan,along with this Resolution,
shall be kept on file in the office of the City Clerk.
COMPREHENSIVE PLAN AMENDMENT—AUGUST 2023—H-2023-0029—Page 1 of 2
SECTION 2. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this 22nd day of August,
2023
APPROVED by the Mayor of the City of Meridian, Idaho, this 22nd day of August, 2023
APPROVED:
Mayor Robert E. Simison
ATTEST:
By:
Chris Johnson, City Clerk
COMPREHENSIVE PLAN AMENDMENT—AUGUST 2023—H-2023-0029—Page 2 of 2
E IDIAN.;---
AGENDA ITEM
ITEM TOPIC: Department Reports
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E IDIAN.;---
AGENDA ITEM
ITEM TOPIC: Department Reports
E IDIAN;---
AGENDA ITEM
ITEM TOPIC: EXECUTIVE SESSION