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HomeMy WebLinkAbout2024-02-06 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, February 06, 2024 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Luke Cavener Councilwoman Liz Strader Councilman Joe Borton Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Borton, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader, Councilman Borton 1. Approve Minutes of the January 16, 2024 City Council Work Session 2. Approve Minutes of the January 23, 2024 City Council Work Session 3. Graycliff Subdivision No. 4 Temporary Construction Easements A and B (ESMT- 2023-0174) 4. Foundation Support Works Water Main Easement No. 1 (ESMT-2024-0006) 5. Vertex Subdivision No. 1 Water Main Easement No. 1 (ESMT-2024-0007) 6. Sagarra Subdivision No. 2 Sanitary Sewer and Water Main Easement No. 1 (ESMT- 2024-0009) 7. Sagarra Subdivision No. 2 Sanitary Sewer and Water Main Easement No. 2 (ESMT- 2024-0010) 8. Lost Rapids Lot 8 Water Main Easement (ESMT-2024-0011) 9. Lost Rapids Lot 8 Full Release of Water Main Easement (ESMT-2024-0012) 10. Movado Multi-Family Sanitary Sewer and Water Main Easement No. 1(ESMT- 2024-0013) 11. Final Plat for Graycliff Estates Subdivision No, 5 (FP-2023-0029), by KB Home, generally located south of W. Harris St. and west of S. Meridian Rd. 12. Final Order for Matador Estates (FP-2023-0024) by Marty Camberlango, Quantum Ltd., Inc., located at 1235 E. McMillan Rd. 13. Final Order for Newkirk Subdivision No.1 (FP-2023-0020) by Laren Bailey, Conger Group, located at 4250 W. Franklin Rd. 14. Development Agreement (Compass Pointe Subdivision H-2023-0004) Between City of Meridian and Butler Realty, LLC (Owner) and A-Team Land Consultants (Developer) for Property Located at 3245 and 3247 S. Locust Grove Rd. 15. Development Agreement (I-84 + Meridian Road H-2023-0099) Between City of Meridian and GRH Meridian I-84, LLC for Property Generally Located at the Northwest Corner of S. Meridian Rd. and I-84 on the South Side of W. Waltman Ln. 16. Development Agreement (Julia Subdivision H-2023-0003) Between City of Meridian and Marquita M. Flansburg and Theresa Charlayne Call for Property Located at 2435 N. Black Cat Rd. 17. Development Agreement (Tanner Creek H-2022-0048) Between City of Meridian and Corey D. Barton (Owner) and Challenger Development, Inc. (Developer) for Property Located at 675 W. Waltman Ln. 18. Reimbursement Agreement Between City of Meridian and Meridian Development Corporation for the Hunter Lateral Relocation 19. Termination and Release of Impact Fee Deferral Agreement Between City of Meridian, Ada County Highway District, and Kam Realty LLC dba Kiddie Academy of Meridian 20. Lease Agreement between the City of Meridian and Double Tapp, LLC for use of Shooting Range Facilities 21. Resolution No. 24-2437: A Resolution of the Mayor and City Council of the City of Meridian to Amend the Future Land Use Map of the 2019 Comprehensive Plan for 70.4 acres, Generally Located at the Northwest Corner of S. Meridian Rd. and I-84, on the South Side of W. Waltman Ln., in the Southeast Quarter of Section 13, Township 3 North, Range 1 West, Meridian, Idaho, Ada County; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 22. Resolution No. 24-2435: A Resolution Establishing the Appointment of Bethany Guajardo to Seat 6 of the Meridian Solid Waste Advisory Commission; and Providing an Effective Date Approved Motion to approve made by Councilman Borton, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader, Councilman Borton 23. Resolution No. 24-2436: A Resolution Establishing the Appointment of Brian Garrett to Seat 1 and Matthew Sandoval to Seat 4 of the Meridian Planning and Zoning Commission; and Providing an Effective Date Approved Motion to approve made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader, Councilman Borton 24. Comprehensive Financial Plan Discussion 25. Strategic Plan Update ORDINANCES \[Action Item\] 26. Ordinance No. 24-2043: An ordinance (Compass Pointe Subdivision – H-2023- 0004) annexing the northeast quarter of the northeast quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit “A”; rezoning 7.69 acres of such real property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Approved Motion to approve made by Councilman Overton, Seconded by Councilman Cavener. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader, Councilman Borton 27. Ordinance No. 24-2044: An ordinance (Julia Subdivision – H-2023-0003) annexing the southeast quarter of the northeast quarter of Section 4, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit “A”; rezoning 2.77 acres of such real property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Approved Motion to approve made by Councilman Overton, Seconded by Councilman Cavener. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader, Councilman Borton 28. Ordinance No. 24-2045: An ordinance (I-84 + Meridian Road – H-2021-0099) annexing the northeast quarter of the southeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit “A”; rezoning 18.30 acres of such real property from RUT (Rural Urban Transition) to C-G (General Retail and Service Commercial) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Approved Motion to approve made by Councilman Overton, Seconded by Councilman Cavener. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader, Councilman Borton 29. Ordinance No. 24-2046: An ordinance (Tanner Creek H-2022-0048) for rezone of a parcel of land located in the southeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit “A,” rezoning 12.16 acres of land from C-G (General Retail and Service Commercial) zoning district to R-8 (Medium-Density Residential) zoning district and rezoning 17.46 acres of land from C-G (General Retail and Service Commercial) zoning district to R-40 (High-Density Residential) in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Approved Motion to approve made by Councilman Overton, Seconded by Councilman Cavener. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader, Councilman Borton 30. Ordinance No. 24-2047: An ordinance (Tanner Creek H-2022-0048) for rezone of a parcel of land located in the northwest quarter of the southeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit “A,” rezoning 12.27 acres of land from C-G (General Retail and Service Commercial) zoning district to R-15 (Medium High- Density Residential) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Approved Motion to approve made by Councilman Overton, Seconded by Councilman Cavener. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader, Councilman Borton ADJOURNMENT 6:14 PM Meridian City Council Work Session February 6, 2024. A Meeting of the Meridian City Council was called to order at 4:30 p.m. Tuesday, February 6, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Liz Strader, John Overton, Anne Little Roberts and Doug Taylor. Others Present: Chris Johnson, Bill Nary, Todd Lavoie, Dave Tiede, Laurelei McVey, Scott Colaianni, Joe Bongiono and Dean Willis. ROLL-CALL ATTENDANCE X Liz Strader X Joe Borton Anne Little Roberts _X_ John Overton _X_ Doug Taylor _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, for the record it is February 6, 2024, at 4:30 p.m. We will begin this evening's City Council work session with roll call. Mr. Clerk. ADOPTION OF AGENDA Simison: Next item up is adoption of the agenda. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: The agenda looks fantastic. There are no changes to it. I move that we adopt it as published. Strader: Second. Simison: Have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the January 16, 2024 City Council Work Session 2. Approve Minutes of the January 23, 2024 City Council Work Session Meridian City Council Work Session February 6,2024 Page 2 of 36 3. Graycliff Subdivision No. 4 Temporary Construction Easements A and B (ESMT-2023-0174) 4. Foundation Support Works Water Main Easement No. 1 (ESMT-2024- 0006) 5. Vertex Subdivision No. 1 Water Main Easement No. 1 (ESMT-2024- 0007) 6. Sagarra Subdivision No. 2 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0009) 7. Sagarra Subdivision No. 2 Sanitary Sewer and Water Main Easement No. 2 (ESMT-2024-0010) 8. Lost Rapids Lot 8 Water Main Easement (ESMT-2024-0011) 9. Lost Rapids Lot 8 Full Release of Water Main Easement (ESMT-2024- 0012) 10. Movado Multi-Family Sanitary Sewer and Water Main Easement No. 1(ESMT-2024-0013) 11. Final Plat for Graycliff Estates Subdivision No, 5 (FP-2023-0029), by KB Home, generally located south of W. Harris St. and west of S. Meridian Rd. 12. Final Order for Matador Estates (FP-2023-0024) by Marty Camberlango, Quantum Ltd., Inc., located at 1235 E. McMillan Rd. 13. Final Order for Newkirk Subdivision No.1 (FP-2023-0020) by Laren Bailey, Conger Group, located at 4250 W. Franklin Rd. 14. Development Agreement (Compass Pointe Subdivision H-2023-0004) Between City of Meridian and Butler Realty, LLC (Owner) and A-Team Land Consultants (Developer) for Property Located at 3245 and 3247 S. Locust Grove Rd. 15. Development Agreement (1-84 + Meridian Road H-2023-0099) Between City of Meridian and GRH Meridian 1-84, LLC for Property Generally Located at the Northwest Corner of S. Meridian Rd. and 1-84 on the South Side of W. Waltman Ln. 16. Development Agreement (Julia Subdivision H-2023-0003) Between City of Meridian and Marquita M. Flansburg and Theresa Charlayne Call for Property Located at 2435 N. Black Cat Rd. Meridian City Council Work Session February 6,2024 Page 3 of 36 17. Development Agreement (Tanner Creek H-2022-0048) Between City of Meridian and Corey D. Barton (Owner) and Challenger Development, Inc. (Developer) for Property Located at 675 W. Waltman Ln. 18. Reimbursement Agreement Between City of Meridian and Meridian Development Corporation for the Hunter Lateral Relocation 19. Termination and Release of Impact Fee Deferral Agreement Between City of Meridian, Ada County Highway District, and Kam Realty LLC dba Kiddie Academy of Meridian 20. Lease Agreement between the City of Meridian and Double Tapp, LLC for use of Shooting Range Facilities 21. Resolution No. 24-2437: A Resolution of the Mayor and City Council of the City of Meridian to Amend the Future Land Use Map of the 2019 Comprehensive Plan for 70.4 acres, Generally Located at the Northwest Corner of S. Meridian Rd. and 1-84, on the South Side of W. Waltman Ln., in the Southeast Quarter of Section 13, Township 3 North, Range 1 West, Meridian, Idaho, Ada County; and Providing an Effective Date Simison: Next up is the Consent Agenda. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: The Consent Agenda, it's appropriate as well. There is no changes to it. So, I will move that we approve the Consent Agenda as published. For the Mayor to sign and Clerk to attest. Strader: 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 removed from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] Meridian City Council Work Session February 6,2024 Page 4 of 36 22. Resolution No. 24-2435: A Resolution Establishing the Appointment of Bethany Guajardo to Seat 6 of the Meridian Solid Waste Advisory Commission; and Providing an Effective Date Simison: So, we will move on to Department/Commission Reports. First item up is Item 22, which is Resolution No. 24-2435, the resolution establishing the appointment of Bethany -- I -- I'm going to -- I'm not going to try to say the last name, because I know I will just butcher it -- to Seat 6 of the Meridian Solid Waste Advisory Commission and providing an effective date. So, Council, I was able to sit down with our SWAC President Steve Cory and interview -- interview Bethany. Bethany had originally applied for some other positions within the city that we had open, but after conversations with her, looking at where -- how she was looking to get involved in some of her expertise in marketing, we felt that having her voice on SWAC, as well as somebody that if there are future larger changes in SWAC, which, you know, that could involve the recycling program expanding and ramping up or could involve composting, to having someone with their professional skills to help us in how we communicate with the community might be good and, then, just her overall wanting to get engaged with the city. But she's three years into the city. Small business owner that does marketing and she is ready to get involved. So, I'm happy to answer any questions you have regarding Bethany. If not, do I have a motion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I appreciate Bethany stepping up to the plate. I will say that. The Solid Waste Advisory Commission does good work and provides some pretty good granular direction and advice at least to this Council to make some decisions for our community that are really important. So, it's a -- it's a big lift, so I appreciate her participation and willingness to serve. So, I will make a motion that we approve Resolution 24-2435 appointing Bethany Guajardo to Seat No. 6 of the Meridian Solid Waste Advisory Commission. Cavener: Second. Simison: Have a motion and a second. Do I have any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the resolution is agreed to. Thank you, Council. MOTION CARRIED: ALLAYES. 23. Resolution No. 24-2436: A Resolution Establishing the Appointment of Brian Garrett to Seat 1 and Matthew Sandoval to Seat 4 of the Meridian Planning and Zoning Commission; and Providing an Effective Date Meridian City Council Work Session February 6,2024 Page 5 of 36 Simison: Next up is Resolution No. 24-2436, A resolution establishing the appointment of Brian Garrett to Seat 1 and Matthew Sandoval to Seat 4 of the Meridian Planning and Zoning Commission and providing an effective date. In a similar fashion we have quite a few candidates who were interested in serving on Planning and Zoning and, you know, part of it we also have a unique situation where the person who rolled off was -- was the only person that lived south of the interstate, so that was an important consideration was trying to make sure we had a voice in south Meridian and when we are going through the process we also had another one of our Commissioners Mandi Stoddard, step off. She has been -- you know, she recognizes she had some challenges with attending and she was hoping that her personal and professional obligations weren't going to -- were going to get better, but she didn't see that and she understood the need for the city to have people actively engaged, which led us with two opportunities for this position. So, Andy Seal and I interviewed folks and the two that seemed to meet our preferences were Brian Garrett, who lives in south Meridian. Brian is a retired bank -- banker -- and I use banker liberally. He used to go into -- when banks were failing and be part of the turnaround team to help them do that. That was -- he has been a community banker for many years and, then, that became kind of his second career. So, he's very familiar with regulations. He's also familiar with the development process through his community banking elements. He lives in south Meridian, so he's right down there -- not in the area of impact, but as far south as you can get on the very edge and so he can help us as someone being familiar with what is coming through and -- and knows -- knows that part of the community. Actively engaged otherwise around the community. More so him and his wife together. And I think that he will bring a different perspective than a lot of other people currently on there, whether it's, you know, his life experience or other things. Conversely, on the other individual, Matthew Sandoval -- and I didn't bring my notes. I grabbed the wrong notes. But I remember Matthew well enough -- got a very different background. He was with the -- I know I'm going to -- I guess the Idaho Division of Public Works. So, he's kind of in a different role within the -- the own development world and, you know, sees it from the state's perspective and how they go about doing their projects. But just -- younger family definitely has a desire to get involved and get engaged, but also has a background -- military background and others to, you know, understand the processes and take a look at it from a -- a professional side of it, as well as a personal and community member. So, those were our recommendations for Planning and Zoning. Happy to answer any questions. If I need to run up and grab my notes I will, but that's our Planning and Zoning recommendations to you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Appreciate giving us a little bit of flavor for these two appointees. Planning and Zoning Commission is such an important -- almost a critical partner of our work and so appreciate the time and attention that you got to bring these two names before us. So, I would move that we approve Resolution No. 24-2436 appointing Brian Garrett to Meridian City Council Work Session February 6,2024 Page 6 of 36 Seat 1 and Matthew Sandoval to Seat 4 of the Meridian Planning and Zoning Commission. Strader: Second. Simison: Have a motion and a second to approve Resolution No. 24-2436. Is there any discussion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Two maybe quick points that I think is maybe important. We have seen a lot of change in the Planning and Zoning Commission. We have seen some change on the City Council as well. I can't remember the last time we have had a joint meeting with that body and so that's something I would like to maybe ask you and your staff to work with Planning and Zoning to see if we could get something scheduled between now and maybe through budgets, so that we have an opportunity to meet them, make sure that we are all on the same page and, then, along that line, Mayor, I would ask maybe you and your staff to look into -- I have received some pretty consistent feedback from Planning and Zoning Commissioners of the past asking for more training. They feel like it takes them a long time to learn the role and that they often feel like -- unless they are the chair that they are kind of building that ship as they are -- as they are flying it and they would like to feel a little bit more empowered to know they are making the right decision. So, I don't know what exists, but if we could have maybe our planning staff to maybe put their heads together to find the best way to onboard these two new commissioners, then, replicate that process so they are set up for success from day one. Simison: Thank you. I know they are on boarded, but I don't know if you can ever learn until you learn. AIC is also rolling out a training on planning and zoning as well, so we can see -- perhaps that will provide some additional perspective that is not currently there, but we will continue to do that and get them educated as best we can. But I think we are also probably dealing with some of the most complex issues and that's the challenge I know that a lot of people face. Cavener: Certainly. Simison: Thank you. Any further discussion on the motion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the resolution is agreed to. MOTION CARRIED: ALLAYES. Simison: I do see Bethany just showed up. Bethany, we have already done your -- but if you would like to come forward and make any comments to the Council and introduce yourself, I'm sure they would appreciate that. Meridian City Council Work Session February 6,2024 Page 7 of 36 Guajardo: Nice to meet you all. I am really excited to be a part of contributing to the city. I have really loved living here. I feel like you guys have done an amazing job and I saw this opportunity to get involved. I -- my background -- I work in marketing. I work with a lot of different clients and I'm also passionate about being involved, you know, and I really believe in that saying do what you can with what you have where you are and so, you know, I wanted to throw my hat in and help contribute to this great city that we call Meridian. So, I'm really excited to be involved in and try to make it even more excellent than it already is. So, thank you for having me and I look forward to serving. Simison: Thank you, Bethany. Welcome. And don't feel like you need to stay for the meeting unless you just want to because you are interested, so -- 24. Comprehensive Financial Plan Discussion Simison: All right. Next item up is Item 24, which is Comprehensive Financial Plan discussion. I have Mr. Lavoie's name on here. I don't know if this is Mr. Lavoie, Mr. -- our president. If it's myself. Who wants to kick off what conversation people would like to have? Borton: Sure. Mr. Mayor? Simison: Councilman Borton. Borton: Council Woman Strader is going to take the lead on this discussion, but I will -- I will frame it just briefly. At the start of the year there is -- there is opportunities to kind of revisit or reacquaint ourselves with policies and practices that we follow, remind ourselves the reason why we do them and give us a little roadmap of what we might be seeing. This is the budget season. It's always budget season I guess; right? Just 12 months a year. But the big lift is in the works certainly and some of that includes to a large degree the CFP and how it's utilized and about four or five years ago we made the wise decision to document and memorialize a standard practice. Councilman Cavener points out council members come and go and we change and one of the things that's very dangerous or can be is if you don't have a consistent practice in the manner and method of developing and creating a city budget and Meridian does it better than anyone in the state. I have heard many other cities say that and describe it as such and I think that's due in large part to our policies that we have adopted by ordinance and that we abide by them. So, we rolled out recently the budget calendar that you have all seen that -- that -- that denotes a lot of those activities, not necessarily impacting Council directly, but the budget development and the CFP, how its utilized -- the Comprehensive Financial Plan utilized as a tool to help build and create the budget that we are going to see is an important part of that policy. In prep for today everyone was provided another copy of what they have seen before, the Financial Stability Policy and the Fund Balance Policy, among others, that gave you a little background of that consistent practice we are trying to develop. So, what we thought in some discussions with Council Members -- and Council Woman Strader's really on top of this discussion and the need for us to collectively share how we think this could and should be used Meridian City Council Work Session February 6,2024 Page 8 of 36 and also make sure we ask questions of each other or the Mayor so we are on the same page and understand what the next three months are going to be providing us. So, June is, then, productive. So, that's what launched the discussion, the desire to use this workshop seemed to be appropriate to kick off discussion amongst all of us. Simison: Okay. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. I appreciate it. Yeah. I -- you know, starting in last year's budget process I started to take a keen interest in the CFP and -- to try to understand how -- you know, how we can use that tool for long-term planning as we are supposed to as outlined in our policies and, then, I -- you know, I have been kind of digging into it. I think what would be great to get out of this meeting, I think, would be to hear from a few different people. I would like -- I think we could hear from Director Lavoie regarding the background and -- I think that might be a good place to start. How the CFP was created. What its purpose was at that time. I think that would be really interesting for us to hear. And perhaps we could hear from some department directors or if Mr. Lavoie has had -- if Todd has had feedback from people regarding the CFP. I think it would be interesting to hear that. I think what we could do is walk through the CFP and I actually started from the place of wanting to see enhancements. Not necessarily changes to our policy, but actually see more engagement by the Council in the CFP process. So, think we could have a discussion there. But I think ultimately it would be helpful to hear from you, Mr. Mayor, your views on the CFP and your role in that process and, then, hear from the individual Council Members what their opinions are and if we should -- you know, maybe we can get some consensus on whether we would like to make changes to our policies, if we would like to adhere to our policies, if we would like to keep the policies the way they are, but see some enhancements in our processes and so forth. So, that's just kind of an overview in terms of maybe a rough agenda for -- for this evening. Simison: Okay. Mr. Lavoie, I will turn this over to you then. Lavoie: Thank you, Mr. Mayor. I'm happy to address the history. That was the question that we have. So, this started back in 2015 with the previous mayor, Mayor Tammy, during the annual budget process. No different than what the current mayor does right now. He asked the fellow directors to submit their needs for the upcoming budget year. So, she did the same thing back then. We just didn't have -- we did not have a consolidated collection of requests. So, at times Mayor Tammy would be presented with new things at that moment in time and she didn't like that, so she goes could we maybe work with the directors to collect this data so that she could read what they want for the next five to ten years before this meeting occurs? I go task accepted. Let me go work on this. So, starting in November 2016 we put together a group to build a centralized database called the CFP that we would be able to work with the fellow Meridian City Council Work Session February 6,2024 Page 9 of 36 directors and subject matter experts and managers to be able to request from them what they need from the citizens and Council to approve over the next ten years to meet the city's strategic plan. So, we built this database to collect this information, so we can share it with the Mayor, so that once you would see what's coming down the road you wouldn't be caught off guard on what is coming down the road and we would also share it with the fellow directors, so that more in line with the support staff. If police wants to add 45 people or fire wants to add 12 or IT wants to add six, we know that we have a support request so, then, we can adjust our needs in this same form or fashion. Hey, if we are adding this many people we need to add this. So, it was primarily set up to be a communication tool from the directors to the Mayor and, then, from the Mayor to the fellow directors to each other and, then, it would get to the -- also the Council Members, say this is where we are going, take a look at it, what do you think. This is our time to start communicating. If you see something you don't like or do like, please, work with us. That was the intent of it back in the day was just a communication tool, so everyone can see where people are going in the next five to ten years. She also, then, asked me, hey, if we know what we are going to need, could you put in a revenue or expense guesstimate together. I go I have the revenue forecasts for ten years, I can easily do that, with the assumption that I'm taking the three percent every single year in this modeling and using other little forecasts. So, every -- every year I would put this together for her, say, hey, this is what your five and ten year forecast looks like. If you did everything that's in the plan could you fund it and as we all know the answer is always going to be no to that. There is always more requests than resources. So, I said, well, what if we just looked at the five years, could we maybe balance that, start -- allow the Mayor to talk to the directors today, I understand this is what you want, but need to start having these conversations with you guys, that this isn't probably going to be able to be funded, so let's just start the conversation and move things around, so that we can kind of balance this item, as opposed to just waiting to the end -- every fiscal year. So, we, then, put in the policy and approach that we would try to create a balanced budget for five years, knowing that the second five we have enough time to turn the ship if we need to, because that's five years out and every year we do a budget, we can say, okay, let's adjust. That was the intent of the conversations I had back with Mayor Tammy back with the directors and that's why we created -- it's a communication tool. It was a guiding document that allows the Mayor, Council, directors, managers, all just to kind of communicate and see where we are going and, then, I added a financial component to it. Is it fundable? I will do the best I can with some assumptions, i.e., the three percent taken every single year. So, that's the history of the item. It started in 2015 with the -- with the request of Tammy and, then, we moved forward in 2016 with a committee or a group to build the software solution. So, hopefully, that answers the question, Council Member Strader. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. That's really helpful. You know, I would like to just ask you your opinion. Do you feel that following this process has contributed to our success? Do you think Meridian City Council Work Session February 6,2024 Page 10 of 36 that it has been a useful tool? Do you think it's used to its full capability? Have you heard from directors? You know, do they like using it? I mean, obviously, it's better than -- you know, I don't think we ever want a director just scratching their wish list of a forthcoming item on a napkin. God forbid they leave and, then, no one knows where we need to go. So, yeah, just what feedback you had and -- and what's your opinion. Lavoie: Council Member Strader, so with this plan in place I believe it has been a success for the City of Meridian. The amount of growth that we have had -- I don't think we are in this financial position just by luck. We have been great for the interest of this valley that people want to develop and move here. Again, that's been a great benefit for us. But to be where we are at today I don't think it's just by luck. We created two fire stations in one year. I don't know how many other districts, agencies, valleys, areas would open up two stations at one time. We luckily had the foresight that they wanted to do this. So, we started multiple years ahead putting funds away, so that when the two stations opened up we had the revenue sources in place. Without this planning tool we would not have been able to set aside a million here, five hundred thousand here, two hundred and fifty thousand here, so when the key is turned on I had the revenue sources to open up two stations at one time. So, again, I believe two examples like that have assisted us to manage our revenue streams, our expenses. Again, Robert's had many different -- or difficult discussions with his fellow directors going, hey, we have two stations opening up. I know, Steve, you want this. I know, David, you want this, but, fortunately, we need to make sure we save, because we committed to these two stations. So, again, I think it's helped Robert, again, have discussions with his directors. Not good -- I mean sometimes they are bad, sometimes it's good, because it's frustrating, because we have to do some prioritization. So, to answer the question director's input, good and bad. Obviously, if you put it in, you hope that you get it, but sometimes we have to say -- we have to push it out, because we have other priorities in line because of X, Y and Z. So, I mean I think at the end of the day, my conversations with directors, it's a tool that is supported by them, because it gives them a centralized location to submit their requests, don't lose sight of it, communicates to anybody who reads the document, say this is where we need to go. We believe we need to go -- we need to go to meet the city's strategic plan for the City of Meridian for the next five to ten years. We had -- do have some directors here if you want to hear from them directly, but that's my engagement with them. I met with all the council members last calendar year and asked those questions and most of all of them were supportive of some planning tool in place, so that we could communicate with you and the Council and the citizens that this is what the city is planning to spend their money on. Obviously, we do an annual budget because we have to figure out what that year needs. But those are the, you know, actions that I have had with the CFP and the needs of the CFP. I know you had a few questions in there. I apologize if I didn't get them all. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Work Session February 6,2024 Page 11 of 36 Strader: That's okay. I think we are getting there. I do think it might be valuable to hear from individual directors at some point in the meeting, you know. So, reading through the national structure policy and process document and just to share a little bit my own view and I -- you know, I want to let everyone share their opinion. So, I will kind of start off and, then, I will let everyone else ask questions and share opinions. But I think that having a long-term planning process is really important. Having everybody on the same page. I believe that -- I don't think we need changes to our policies, but I actually think an enhancement to our process might be worth considering. In the second to the last paragraph on the first page it discusses that the CFP will begin in August and will conclude in January with a final report submitted to Council. I took a look at the 2024 to 2020 -- well, it would be all the way to 2034, technically, ten year financial plan. I think that one of the biggest challenges we have is this is a moving target and it's always changing. But I do think it's important to pick a point in time during the year when we say, okay, we are closing our report for submission to Council, that that's submitted to the Council and I think it would be valuable to hear from each department director some highlights on material items that are coming in the next five years. I actually think that that -- I don't think that requires a change in our policy, but I think that could require just a change in our practice. I think that would help us to understand the long-term needs of the city and ensure that we are all on the same page for funding those items going forward. So, that's one thing I wanted to mention. And, then, in addition to that, you know, I think each Council liaison during the base budget process could certainly -- if there are detailed questions in the CFP could -- could go into those, but I think it's just helpful best practice for us to all get on the same page early, because the CFP in theory should be informing the budgeting process. So, anyway, that was the piece that I wanted to say. So, I'm in the camp of I like our existing policy. I think it's very valuable. I think we should follow it. And I actually think that we should enhance our processes around it from a Council perspective. So, I have talked a lot. I will let other people ask questions and chime in. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I will go next briefly and while Council Members think about any questions or comments they have got. Todd, the discussion also from 2016 is the genesis of this tool to, then, the 2019, which I have referenced the ordinance passed by the city to memorialize the process you have described. Your analogy of turning the ship, it's -- if I seem to recall, the purpose behind us adopting that policy that we have shared is to ensure we are utilizing this tool relatively consistently. Is that a -- is that a correct summary? Lavoie: Council Member Borton, correct. It was to establish the consistency, so when you did have change of the seven, you would have a policy that we would still -- have a financial stability policy that we would still adhere to regardless of the seven sitting in your seats at the moment. That is the reason we put that in there. Meridian City Council Work Session February 6,2024 Page 12 of 36 Borton: Okay. Mr. Mayor? Simison: Councilman Borton. Borton: I think the -- the policy as it -- as it exists just needs to be adhered to and followed, even though we may be behind. It's a critical tool for what we are going to see in June and I have talked to the Mayor about it and probably a lot of Council Members about -- about it. So, my hope is that we continue to adhere to it. I have raised concerns on -- in other matters when we don't adhere to policy. If we don't follow it it scares the heck out of me. I think it's irresponsible, to be blunt. So, I recall the 2019 -- the decision to enact this is so -- pivots are very gradual and they do not turn abruptly when Council Members change and we are all not part of this process and someone else is up here and we are utilizing the same structure and that's -- that is what creates a long-term success for the city. So, the five year kind of running, balancing that you have got as a tool, a guide, illustrative guide, utilizing the revenue assumptions that you have been doing has been fruitful. It also helps answer the very difficult questions -- and as a Council Member I think of, you know, most recently it came up with -- with, you know, the SAFER grant and fire personnel and you have got a bubbled labor cost that's coming within those five years. So, it's the elephant in the room. Let's talk about it. It impacts every single department. So, drop that in and I want to see in 2028 how we are going to facilitate onboarding labor costs and who amongst -- you know, how do we make that work? Let's see that before 2028. So, that's just one small example of how the tool is probably more necessary now than ever before and that's true regardless of who is sitting up here. So, I'm hopeful that when I see the budget calendar that you have -- that you have displayed, you have got current present -- correct me if I'm wrong -- discussions with directors right now to -- to update -- not starting from scratch, but kind of update the existing CFP, move things around the years and, then, these -- these next five years appear to be balanced based on your revenue assumptions and make all the pieces and parts fit. That, then, come into the Mayor and, then, being presented to us. So, I think Council Woman Strader's idea of -- of having directors, you know, describe how things fit over the next five years is a good one. I agree, I don't think it's a policy change, but maybe a practice, how we can help educate Council better to see how it all fits. So, I love the policy. I just want to have us follow it and enhance some practice with it, so -- Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Todd, I recall a tool that was used well before this and I don't remember the name, but before this we used to submit -- I know we did for the police department. I'm sure everyone in the city did. Our best prediction for the five, ten, 15 year mark of where our needs are going to be. Personnel. Equipment. Replacements. But it wasn't as formalized as what this became. At the time we were doing that it was a guideline. It was -- it was not a strict adherence, because we knew things were going to happen during that time period which were going to drastically change what reality was versus Meridian City Council Work Session February 6,2024 Page 13 of 36 what we were putting on those lists, whether it's technology changes, vehicle changes, personnel requests would go up or go down. We would have to shuffle them and we didn't set priorities on those. Those were just what our department thought we needed. And at that time it was just so that it could all go to Finance and you could gather all this data and look at this and determine, oh, my gosh are we going to be able to fund this. And that was before this tool ever came about. Where I see this as a five year tool now, how often during the year does it get modified? Is the input from directors still once a year or is there a different time in the year where they give mid-year updates because of things that might have happened or changed? For example, the grant coming in. Lavoie: So, Councilman Overton, the CIP is updated once a year for the detailed timeline that Council Member Strader pointed out to August to January. Then once we have that we submit that as our official document. This is just a roadmap, our guide of what's going to drive most likely to next fiscal year's budget and, then, in the month of February -- or in the month of March with that document, the Mayor will start working with the directors, go, all right, let's put the '25 -- in this case we are going to say fiscal '25, because that's the process we are in, let's build the '25 budget. The Mayor has asked us to submit to him what are all the requests in the CFP for fiscal '25 and I submit it to him so we can start balancing it. At that moment we will, then, start making changes, because if there is 37 requests in there, but only 18 can be funded, the Mayor needs to, then, start working, looking at these 38, 1 need to get it down to 18, because I can't fund it. We need to make more changes and we are not going to leave them all in '25, we are going to start moving what we believe will represent the fiscal '25 budget and, then, just push out the items to a year at some point in time. We just need to get it out of the '25, so that when we have the '25 budget balanced, the CFP is representing what we believe is '25, so when I put it in -- when I run the report for your budget '25 should be pretty darn close to what's inside the budget in detail. So, we do update it twice a year. The August that Council Member Strader referenced for that time when we were building it, we were updating the data and, then, one more time in March and April when Robert and the directors we do the balancing act for the one fiscal year at that moment in time. So, those are the two edits that we normally do. Again, the five year balancing act, that is kind of intermingled within the first process. I will start working with the Mayor and try to balance it. But only really two times a year do we update that document with one official publication sent to you and, then, the second official publication in our budget book document for the citizens to read. Overton: Mayor, follow up. Simison: Councilman Overton. Overton: And maybe I missed this and correct me if I'm wrong. Is there a -- as I see us doing a five year plan, we are really not putting priorities on those items. You are listing the items requested by the different directors throughout the city. Lavoie: Councilman Overton, we actually do request the directors to prioritize their requests, so that when we present it to the Mayor, the Mayor has an idea of -- if there is Meridian City Council Work Session February 6,2024 Page 14 of 36 17 requests, he has an idea of what Chief Blume would like prioritized. So, when we are doing the balancing act we don't grab number 17, put that number one, we hold on, try to get his number one first and, then, work down the list. You know, Laurelei McVey may have 27, we will try to get her top 15 first. So, we do ask our directors to prioritize so that there is some kind of direction for Robert, the Mayor, to work off of and, then, we have a funding prioritization after that as well. But the directors do submit a prioritization to us for their items. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Thank you, Todd. I appreciate the presentation. I have enjoyed kind of learning a bit more about how this tool has been working and it's been -- it's been very fascinating and interesting. But I do have a question. We have talked a little bit and Council Woman Strader mentioned sort of enhancing the process and use -- utilizing it as a tool, which I -- I fully agree with. Can you tell me do the directors have a formalized process that's consistent across departments by which they identify what they want to put on the CFP or is it sort of like whatever -- whatever process works for them and however they identify it, they will kind of park it there and say these -- we know these are the needs we anticipate, because I would like to know if -- if we are going to sort of enhance this process of using this tool to be a really effective tool, for me I would like to know when these items are being developed is there consistency by which they are being developed across departments? Lavoie: Council Member Taylor, from an internal process in each division -- I won't be able to step into that shoe. I apologize. I know that we give direction to the directors to start working with their subject matter experts to build what they need as it pertains to meeting the city's strategic plan and whether or not there is any specific direction that maybe Chief Blume does, compared to our CIO or our, you know, city attorney. Again, think those are internal practices and processes that they developed for what works best for their team. I don't step into those shoes. But I would say the Mayor and I, we both give direction. Please present to us what you believe you need that meets the city's needs over the next five to ten years. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Just another question and maybe because I'm still learning some of the processes, but how binding is -- are the decisions that we make? I understand that we can't anticipate two, three, four years down the road that well. I know that when we are looking at setting the budget it's a -- it's that year and we look at what the circumstances are that year to balance the budget, but when we -- you know, you have the date in August and, then, in February when we are going through that balancing process, how binding are we -- is the CFP in terms of identifying the priorities we are going to fund? Meridian City Council Work Session February 6,2024 Page 15 of 36 Lavoie: Councilman Taylor, great question. I appreciate it. The CFP is supposed to be -- I think someone says it's a -- it's a liquid document. It's a -- it's a tool. It's a guide. At no time in the development of this document was it or is it to imply guaranteed funding or imply to you that we expect you to fund this or imply that if it gets in the CFP that's guaranteed. It is a moving document. It's fluid. Things change. Couple of budgets -- a couple of years ago we had an incident in the news and Mayor stepped up to me the next day and said, Todd, I need six SROs tomorrow and we are on -- I think we are on budget workshop number two. So, we need to be fluid. So, no, there is never an intent of any expectations that these are guaranteed funded or guaranteed funding dollars to any of these projects. It is a tool to give guidance and let's work off of that. I guess the follow up are just guarantees when we do the annual budget, that is when you know if something gets funded. Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: Mr. Mayor, Todd, thank you for you and your team and all the hard work that goes into all of this, since our budget is, in my view, probably the biggest thing we do every year. Sorry. I -- having been on the Council, been off for four years and, then, back, it was really nice to be able to see the policy in place and that we are still -- may have some tweaks, but are very much tracking on what was seemed to be a very efficient way of doing the budget. So, I'm just glad that our policy is still in place, even if we do some tweaks to it that -- it's great to be looked at as one of the examples of how to handle a city budget and I think we should be very proud of that as we continue always to work on it and -- and do better, so -- so thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I don't have a whole lot more to add, except for maybe two points that I think that are really important for me to share and it first goes back to Todd's comment about nothing being certain until we approve the budget and I will be honest, I don't think that was always the case and I really want to commend our directors and our employees and our Mayor for being disciplined to say these are the things that we as leaders think that we need, but it's not an expectation, that just because it has landed in the CFP that it will, then, translate to the budget. I think that's an important piece. And the other piece -- and I -- I commend -- I think IT has developed this -- this tool for staff directors and counsel. Now, I look at it as a place of we are informed; right? We are being informed what Council or what staff needs, what directors need and Council Member Strader, you hit the nail on the head, we as liaisons should be spending more time in this and talking with our directors about their CFP requests. We need to level up our professionalism in being better informed about what the department has, not just for their budget request for this year, but thinking forward and so I just -- I appreciate that recommendation. I made a note for myself to -- when I meet with the chief down the Meridian City Council Work Session February 6,2024 Page 16 of 36 road that we are talking about the CFP, because when you go in and you look, there are items that are in there that were supposed to be funded in years past that are still on there. I want to understand why are they still on there? Why -- why weren't they funded? Why were they moved? And so I think that's an important place for us to all spend a little more time in the CFP, particularly we are meeting with our department directors. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Just a last comment at Finance. I couldn't tell you how much I appreciate you and your team and everything you have done and how you crunch all the numbers and put everything together from all the different directors and divisions within the city. Would it be correct when we are looking at a budget and we see things that keep showing up that, well, sometimes what we are seeing is items that were on the previous years and keep getting pushed. If it was on '24's it got pushed to '25. If it was on '25's, it might get pushed to '26 as departments are continuing to set and reset their priorities and sometimes it does cause a little bit of confusion, but it's because directors are having to look at, well, my priorities may have changed because of certain circumstances that have gone on and that's what causes some of that change and you see the same thing looking at it. I know when I looked at it there is certain big ticket items on there in FY '28 and '29 and the first thing I do is I think those might get pushed; right? I know I see them there. There is no obligation by Council that we have got to fund that. The first thing I look is I go, oh, I remember some of these things. I'm going to bet that's going to get pushed, just because that's the way things go. It's the needs. But, in reality, when we get down to brass tacks, some of those big items are going to get pushed, because they won't be a high enough need to be a high enough priority overall for the city. It's a fair statement. Lavoie: Councilman Overton, extremely fair. The political -- and that's why we do an annual budget. Many other agency -- agencies do an every other year budget. We have dynamic changes. We are a growing community. We don't have the luxury of waiting every two years to have these discussions. A couple of weeks ago or a month ago Jenny Fields sent you an e-mail about the state decided to increase the PERCI contributions 600,000 dollars. That changes Robert's CFP dramatically. That's 600,000 dollars that I do not get to give to him to work with with his fellow directors. So, yeah, just like that. So, we have things like that we have to be able to pivot, things may get pushed back from '25 to '26, now '26 to '27, because it wasn't under our control, somebody else decided on a rate increase. So, you know, things influence, we will adjust and prioritize based on that year's needs and sometimes things do bump. Simison: And, Mr. Lavoie, I'm just going -- we are going to be following the policy and updating the words. It's the Finance Department's CFP, just so we are -- we can get the terminology correct moving forward. But the question came up, you know, my thoughts on it and whatnot and, really, since I became Mayor, I was told to make it balance. Meridian City Council Work Session February 6,2024 Page 17 of 36 That's it. That's 95 percent of what I'm asked to do each year is to balance the CFP. You know, not talk to the -- you know, yeah, I can talk about inputs, but really we leave it to the directors to put in the things that they think that they need and I'm totally well balanced, which the only way to balance it is to move things from one year to the next and so on. And are there some value judgments in there? There might be some from the director, from myself, from the team. That's kind of how about that -- that process works in a lot of ways and that that's -- that's been my role. In some of the cases I was to not put things in the -- you know, before the chief got here there was a thing in the CFP to go rebuild Fire Station 1. Yeah. I didn't see that as a priority and I said I don't see how that makes sense based on the other needs of the department that we are going to go rebuild a functioning building, especially when we are talking about building like two blocks away from its current location on another road. So, yes, there were some things in there. From my perspective the conversations over the last couple years it's not about what's in there, is what's not -- it's what moved. Those are the bigger questions that I'm hearing and you are still going to have those questions under this policy. That's still going to be the primary driver. I don't think it's going to -- I don't think you are going to have too many questions or complaints about what you see in a balance CFP. You are always going to have questions about, you know, well, this department asked for these positions that they are not in there, why are they not in there? Why are they here? Then ten years down the road is -- the answer is this just going to get -- that's what we did to balance it. You know, that will be the response, because that's the reality. It's not because I don't like the positions that are being asked for, it's not that, you know, the position that Dave wants is any less important than the position that Bill wants, it is -- you know, there are some value conversations. Some of those are had with Council and some of them are not before the budget time, you know, to be realistic about it. So, some of the proposed changes that I made was not to make it be balanced, let the department's put in there all the things that they want every given year, so that you see the full gamut, so, you -- you can make those value judgments to say, well, that's what they asked for and this is what the Mayor put in the budget, so what gives from that standpoint? Yeah. That way it's not, well, what I heard about this and I don't even see it in the next five years, you know, from that standpoint. So, making it functional versus not. If you want it to be the same way, I -- again, I have read the policy. I have the policy. Todd's going to make those decisions. He is going to balance it. I'm going to confirm that it's financially balanced. But it's not going to be reflected necessarily of what gets brought into the budget if you are asking for my priorities in a given year or my conversation with the Council on your priorities. It will be Todd during a process with the directors to create a balanced five year CFP per this. I don't know how valuable that is to everyone, but that's the way the policy reads. That's what it is. It says it very clearly. It says the Mayor is responsible for approving the annual CFP. They are responsible for developing it. Very clear in policy. So, we can follow the policy and we are fine with that. Just be -- just know that what you see may or may not work like what comes forward in terms of the budget when we -- when we bring forward enhancements, at least from my perspective. But you will see it, you will have what they said. I personally think it's a better tool to say that you see everything that the departments are asking for, to be honest with you. I think that has more -- more value for you in that confines. It doesn't mean that, you know, we are never going to get Meridian City Council Work Session February 6,2024 Page 18 of 36 away from a five year process and you can look forward three years and see what's on the horizon, but there -- as Todd mentioned, there are things in this that have assumptions about a three percent annually. I know several Council Members up here don't necessarily agree with that philosophy. But you are asking for your CFP to be approved with that input. I don't think it's part of your policy that directed in this policy that that's what it needs to be. So, yeah, if you look back over the last four years I think we are at a 2.1 percent, roughly, over the last -- each year over the last -- in the last four years, 2.1 average out. One year zero, one year three, you know, the numbers kind of come in to that. But you are still creating a -- a CFP that's not based upon financial realities of what the city has done over the last 15 years historically, just like you may question the revenue assumptions, you know, in terms of maybe they are not enough in that and that's part of the give and take in it. So, I will do whatever Council wants in terms of -- if you want to just follow this policy we will follow the policies and you will you will get it and if you want to enhance that policy and come forward and hear from the directors on it, that is great. I think it works better as a communication tool and let you see -- again, I would love you all to see everything I see all the time with all the requests. I think -- I think that would be so beneficial, more so than -- than seeing a balanced five year CFP, to be honest with you. I really do. Because I think that you will, then, have -- understand what the departments are truly wanting and asking for, but I'm -- I'm told to go balance and go -- and go make it -- make it work on paper, which just means, well, we got to move these four things that this department asked for and this year out five years to make it balance and that -- does that help you when that happens? I don't know. Each one of you probably have a different viewpoint on that. But that is the challenge of what it is. But, again, I will -- I will make sure the executive branch delivers whatever is required on your policy to the legislative branch, so that you guys can do whatever work you would like with it at that point in time, which, you know if you want to do more you may have to change the policy. If there is more that you want to do to approve it yourselves or to dive deeper. But we will come and people can present pre-budget stuff. We used to do that all the time. That Council used to say take it away. We can bring it back and have the directors all come in and give an overview about what's in -- you know, yeah, maybe they give an overview about what Todd moved from their CFP that they asked for in this next year or their next five years and you can hear that from them themselves at that time, so it's not the budget conversation about what changed in the CFP. So, I'm happy to provide a crash answer to any questions you may have about my comments, but I just -- you know, I don't want to get stuck up in like, well, why is this not in here and why -- or where did this go if you are not willing to let it be in there for people to see it. You know, if you are putting on -- on myself or Todd to move it, then, I -- part of it should be you need to understand it's been move to make it balance and that should be -- be sufficed for that standpoint, not because it's just a whim that I don't think that the police department knows what they are talking about when it comes to the things they are asking for. Happy to answer any questions. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Work Session February 6,2024 Page 19 of 36 Strader: Yeah. I hear two different pieces. So, kind of reflect on both pieces that I'm hearing. So, the first piece I'm hearing is a piece regarding -- it -- it's because of the nature of the report. So, the report changes, but we have CFP requests that go in and, then, there is a balancing process and I agree that when it was created it was meant to be a communication tool and so I think -- I guess I'm a little confused as to why when we received the balanced CFP there could not be a description or a discussion of, for example, we were presented with these 25 items, here are the material items that got moved. I don't -- I guess I am confused as to why that could not be part of the CFP presentation in February. I think it would be very educational for all of us, thinking that would save me time, because every year I have to go through my own process to do it in comparison of what things get moved out of the CFP. So, I think there could be an enhancement there. But I guess more concerning is, you know, I hear there is a frustration a little bit. I don't want to put words in your mouth. But, you know, this is Finance's CFP and that you will follow the policy. You know, I -- I am concerned about that. I think it's important that you go through that process of prioritization with the department directors. I think we have ended up in a successful place because we have followed that policy. I think adding additional information to Council to give us context of here were the things that didn't make it in the CFP and here is why, I think that could only help all of us. But I'm a little bit worried that we have opened up this conversation and it's frustrating. So, there is this question of who owns the CFP and ultimately we all own the CFP. We all own the success of the city. If you know for some reason you are unwilling to use the process, I'm certainly willing and I'm sure everyone would be to step up to use the process that we need to use to help meet the needs of the city from a long-term planning perspective. But I just -- I think I would encourage maybe us to give it some more thought, because I feel like we could have the balanced CFP presented with information about here were all the requests and here is how they were prioritized and here is what we have moved out and I think having that context could only help everybody. I mean maybe I'm not hearing you correctly. I don't -- I don't want to put words in your mouth, so -- Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I appreciate I think what you are trying to do is also create good lanes for executive branch and legislative branch and I'm one that always really appreciates that and so that's where at least maybe for some of my questions are coming from is our goal is -- well, you bring a budget, ultimately, we own it together as a team and so you -- your budget includes ten apples and I think we don't need ten apples, we need five oranges. When we struggle to do our process, how do you want Council to operate, then, if -- if five apples -- or if ten apples and five oranges are in the CFP, in order to make it balanced, you pick the ten, but Council thinks differently, how would you like that process to play out, because we want to be efficient, but I also want to be respectful of - - of your role in bringing forth a budget that takes all the input from the directors in and I want to make sure that we are doing our part as well and not just -- and I think I have been guilty of this of just reacting to a budget that a Mayor has brought, as opposed to Meridian City Council Work Session February 6,2024 Page 20 of 36 working collaboratively to develop a budget. So, I don't know if you have got any thought around that or recommendations for us, so we can bring a budget that is collaborative in nature. Simison: I think bringing a budget is different than balancing the CFP. Cavener: Agreed. Simison: And I think that, you know, just being focused on the -- the CFP component is -- you know, if I hadn't been speaking with Council throughout the budget process, I talked about the priorities, then I haven't done my job and if I -- and if you have priorities and you haven't shared them with me, you haven't done your job. I would say it goes that direction in that context. Now, ultimately, you know, am I responsible for delivering a budget? Yes. Do you have to approve what's in that budget? No, you don't. But, hopefully, I have done enough of my engagement with Council to help put together something that people want and are willing to be supportive of. I think that's been kind of the conversation over the last few years on what percent do we take? You know, that's part of the conversation. We are -- does Council feel like the community is where they are and what did they want to do and, then, what do you find with that? That's all part of that conversation, that dialogue. Sometimes it may be different, it may be just, nope, I'm going to get -- deliver a three percent and it is what it is and we will -- we will go through as much as we want and there is not a lot of questions in that context. But, you know, is the CFP the defining place for that conversation? Again, not according to policy, so we are not -- you know, this is not a document that Council adopts. This is not a document that -- you know, it's just transmitted. It is what it is when it comes to you in that context. And, again, I have been asked to like good Council President to follow the policy. I will follow the policy as it's written if we are happy with it. If you want to make it be something more or better or different, then, we can have a conversation about changing the policy to reflect what people want and I'm fine with that. But if I'm going to be held accountable to moving things in or out or why is this not here -- I'm willing to stand behind my budget that's delivered to you on what's in there every time. Balancing the CFP is just an academic process in a lot of ways. Yes, it can help present long big things, but it's not, in my opinion, the end all be all, because as mentioned things change. You know, it is an academic process. So, that's where we are from my perspective. I would change this personally, but it's an adopted Council policy and what I have heard from Council is they like the policy. So, we will follow the policy. If there is more that we want to enhance to it, we can do that. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Quick question. Have you -- have you found any value in balancing the CFP in those first five years as you have kind of gone through the exercise of what you think are priorities as you work with the directors? Because this is kind of an interesting discussion for me in determining when the budget is submitted and I hear what has Meridian City Council Work Session February 6,2024 Page 21 of 36 been said, but is this -- these are your priorities that you have kind of worked with the departments to identify or is this the budget that's presented has more Council input in identifying the budget? So, maybe a couple of questions there and you kind of already spoken to it a little bit, but I kind of would like to hear your response a little bit. Maybe you kind of already did, but do you find value in the policy of balancing the CFP when determining city priorities? Simison: I find the value in sometimes having the conversations with some of the directors about what they are asking for as being unreasonable based upon the full evaluation of our situation. The one-offs and do I find value in saying we got to take this position from here to two years down the road? No, that's not valuable, because I know they need it now and they want it now, but the only way that based one where you can fund it you have got to do that and I also understand that the revenue that we are basing that on is not necessarily realistic or real, because there is so many other inputs which are not really there. So, again, is it some -- is it a conflict conversation with the director when you are balancing the CFP and pushing out their priorities to make that and, then, you go through the process again in the budget and we have pulled stuff forward when we proved it out in the CFP and brought it back in, you know, when you have the revenue to make that happen. So, conversations maybe have some value. The balancing process -- I don't know that I have -- see the value in that. You know, Todd, sure. Now, I understand why he sees value in -- especially in looking at some of these larger things and really I'm talking about personnel. The capital side of this conversation is not really even something that is generally discussed with the directors, because as replacements, you know, first and foremost, it's stuff that's already been put into your work collecting impact fees for a facility or a station or a park. So, they are the ones that are projecting out when the impact fee is going to come online. They are trying to guess when development is going to occur in that context, then, they will look at the person that comes in in that context, you know, and a park is a great example, you know. Okay. When is all those things going to line up and you need the person that year if you are going to bring the park on. So, that's going to maybe trump everything else or you don't build the park, as you can't necessarily bring it on and don't have an ongoing operational -- so, there are points in times where it makes sense. There is other points in times where, you know, I don't know that the value is truly there when you are just moving people around to a year. It doesn't really truly reflect when you might need them. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: You know, you are saying that it's academic and I kind of look at it -- just to offer a different perspective -- sort of like sailing a ship; right? Unfortunately, if you are sailing a ship now, you know, a ship with a sail, ships tack and so part of the problem is, you know, you are going to deviate and you need to steer your ship back on track and so you have to have that kind of ultimate long-term goal to sail your ship. I don't think that a large corporation or a city is much different. I think having a long-term financial Meridian City Council Work Session February 6,2024 Page 22 of 36 plan is critical, because that is, in fact, the basis upon which the next budget is created. Todd is not going to invent the next budget from the ground floor. He is not going to invent it; right? I could be wrong, but he is not going to make it up himself from year to year, he is -- he is going to use the CFP as a basis upon which to create the next budget, because if we don't do that and if we don't feel that you have buy in in that process, I think the danger is that from year to year I will not have that trust that we are adhering to a long-term vision and it could just be simple stability in terms of the balancing and the priorities, but if we don't have that, then I -- then I become concerned about why we are making decisions from year to year. This year is going to be a great example, because we had an opportunity and a problem come up with a SAFER grant. We took advantage of that opportunity slash problem and now the CFP is more important than ever, because I want to see how we are going to get to a normalized level where we are able to fund those positions on an ongoing basis and I don't think it's like we are -- we are moving headcount out a couple of years, I think it's that we should collectively be thoughtful about what year we move that headcount out to and I don't think it hurts to -- to have that back and forth and have that communication and if you, you know, want more involvement from the Council to support you in that process, you know, I am willing to do that with you. I think we could take as much time as we need to go through the CFP together and ensure that it's balanced. If -- if you view that your role is a perfunctory approval, I disagree, but -- and I'm just speaking for myself, but I think I'm very willing to roll up my sleeves and get into the details and understand the priorities and make that happen. So, we have a different perspective I guess on the importance of the CFP. But I think it's very important that we have a long-term plan and that the Mayor has buy in on that process and, if not, I'm willing to -- certainly to have lots of buy in. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Fruitful discussion. I think we will -- we will kind of bring this to a conclusion. This didn't come up on the agenda to make ultimate decisions, but to try and highlight I guess people's perspectives and give everyone a voice to collectively share their thoughts of how this budget building process works and how this policy works. Certainly disagreements are present on how this is or isn't utilized as a tool, but we appreciate Finance and all the directors doing what they are in the midst of doing. I guess, Mr. Mayor, if it's okay I would -- we have got some directors here. Did anybody want to share an example or anecdote while they are here about the CFP? Okay. Simison: Absolutely. Borton: That would be great. Thanks. We appreciate you coming and you are all doing the laboring work to update it. Tiede: Mr. Mayor, Members of the Council, happy to be here in front of you talking about the Comprehensive Financial Plan today. So, from the IT Department standpoint Meridian City Council Work Session February 6,2024 Page 23 of 36 we use this as a planning tool for various technology needs, planning needs, replacement needs. But on the flip side we also have an opportunity to see what other departments are planning for over their next five to ten years from a personnel standpoint, from a technology standpoint, if they are adding computers, all those types of things, which helps us understand better where we need to be to support them and help them. So, very valuable tool. Also helps us with planning for personnel needs, so that we understand where we need to be at, because as you all know, we are a growing community and our staff, our technology, our facilities they have all changed a lot over the last ten years. So, it has been super helpful for us to be able to project out and know where we need to be. As you know, technology changes a lot and so it's -- it is a moving target for us. We are always making adjustments and changing, because that's the nature of technology and that's the nature of what we do, but has been a very valuable tool for us. So, just want to give my two cents. Borton: Thanks, Dave. McVey: Mayor and Council, so from Public Works' perspective very important planning tool. If we choose not to use a balanced, you know, CFP, we still have to do that in Public Works for our rate collecting. Generally, the -- the Public Works side of the CFP has not usually discussed too much. It's usually the General Fund side, but I do have some inputs in that. But I think you guys hit on some really good points that we need to have common consensus of the items in the CFP are not a guarantee. They are not a guarantee for the year you put them in. They are not a guarantee to even ever happen. But it's our best guess, our best placeholder. I think us as a director's team and working with the Mayor, we do have those discussions about when things move. The Mayor doesn't do that in a vacuum, because we all know that if you add something or you change the price of something, other things have to give and so I think the really important part is that we don't do that without everybody understanding. So, you know, one of the ideas -- and I think it's very important that it's flexible. Things change. It's our best guess. The only year that's really really nailed down, as you know, the upcoming year. The rest there is a lot of guessing and the further out it gets the fuzzier that gets. But I think, you know, maybe a couple of things that could help from my perspective is -- and I don't know if the tool is able to do this, but a way to track those changes when things move. Away to put in notes. You know, if you are going to move something a note gets attached to it as to why it was moved or, you know, is there a way to put the first year it was put in and the original budget and, then, how those change over time, just so people understand why it moves over time, because usually it's for a good reason. It's usually not just on a whim or -- there is usually valid reasons that it comes in. I do think also important that everybody understands the assumptions that go into it, that it is built on that three percent increase and when that doesn't happen there is resulting impacts, things have to be reduced and moved out and pushed out. So, those are just I guess my opinions from Public Works. It's a very important tool for us. We utilize it for a lot of things and would definitely advocate for it needing to be balanced and be a collaborative process. Cavener: Mr. Mayor? Meridian City Council Work Session February 6,2024 Page 24 of 36 Simison: Councilman Cavener. Cavener: I know we are trying to wrap up, but Laurelei brings up -- and you have brought up as well -- I think at least it's perked my interest and so maybe it's a question for Todd. The driving force behind the three -- factoring in the three percent as an assumption when balancing the CFP, when to the Mayor's point the city hasn't, on average, taken three percent. Are we creating added challenges for us as a city and as a department when there are differing financial decisions that are being made about what percentage increase to take. It is contrary to what you were using to balance the CFP. Lavoie: Councilman Cavener, like the Mayor said over the last five years we have not taken the three percent other than one time. So, again, I would agree that if we are going to utilize this tool as a balancing act, could we adjust it? If you look at the previous ten years we took three percent all but two years. So, again, it all depends which timeline we want to refer to. Again, I'm always going to stand on any soapbox and say take the three percent every year. That is what's needed for the city to continue to meet our employees' needs. I guess if that's my way of advertising or marketing to that, I believe that the financial management tool is in the best interest to be forecasted with the three percent. That's one avenue I have. But if we wanted to make it 2.1, 1 can adjust it 2.1, 1.3 -- any document -- or any number that you ask me to. I still believe that three percent is the right decision for the city going forward based on our growth projections. So, again, the document is a financial representation of my opinion. Cavener: Yeah. Lavoie: And I can change it to an opinion of someone else if you wish to, but it does come from our office and the office does have a three percent. So, the answer really is just, I guess, my opinion to you and my suggestion to you what I believe the business district -- or business decision should be for the city. But I can adjust it, yes. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think this may be even be a part two conversation. While our good CFO and I have had -- went rounds and rounds in our different philosophies around this issue, I do place a high value as a subject matter expert when Mr. Lavoie continually recommends a three percent. But I also think building a CFP, assuming zero percent, gives us more flexibility, particularly for some of these challenges. Now, if -- if the CFP is, again, academic, then, we could do all sorts of different numbers and it would be a fun conversation, maybe around adult beverages and snacks, that we could talk through all of this. But up here I think that we have got to at least continue to follow some consistency and if it is going to be three percent, that's fine, but I do think that could create more opportunities for challenging conversations down the way, so -- Meridian City Council Work Session February 6,2024 Page 25 of 36 Simison: Councilman Cavener, I just -- zero percent CFP means no positions in the CFP whatsoever. Cavener: Yep. Simison: Very easy to balance that CFP in five years. So, somewhere within there is the -- maybe the answer to your discussion is maybe we just balance go to zero, we can -- can be balanced and you just list out all the personnel needs by department thereafter each year and you can see that way it's balanced and you can see everything that's being asked. But that's what a zero percent would deliver I think pretty close. You are never going to know like the one year -- the one year outlier where we got all that additional revenue, never would have been projecting the CFP to begin with in that context. But, yes, you are one hundred percent right, you change that number you dramatically change what the CFP looks like and includes. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Don't mean to belabor the conversation, but I will just make this observation that it would be interesting to that point as we are looking at the last three years of the budget and averaging a number out, I would be curious if we would look at what the city took in terms of the three percent or 2.1 or 1.6, whatever we took, and average that out over to give us a number -- might be an interesting exercise in terms of understanding that. That way you are taking kind of actions we have taken, sort of the temperament of the Council and factoring in those numbers. It would -- I would be curious how that would inform that process instead of a default always three percent when we haven't always done that recently. I think that might be informative. I just put that out there as a consideration. Borton: Mr. Mayor? Simison: Councilman Cavener. Borton: Certainly a good follow up kind of next discussion on -- on that and, then, we have got strategic planning coming next. This is planning workshops. So, more conversation on this. Mayor, I appreciate you providing your input. Some difficult conversations on how to use the tool. I will tell you I think -- I think when -- when the policy says it's five years balanced and we are following policy, that's great to hear. That's going to be the expectation that we will see that. When it does say the Mayor approves the CFP, I think that means you are on board. So, as much collaboration and your agreement with it, that's how I read the word approving of it, and I hope that's the case. That's what takes place. So, with that more conversation I guess coming. CFPs underway. Thank you, Dave and Laurelei, for providing that input. I hadn't thought about the way the directors and departments look at each other's CFPs. That's also another added benefit to anticipate what's coming down the road. So, as to the three Meridian City Council Work Session February 6,2024 Page 26 of 36 percent, the second conversation that's going to be an interesting one. That die is cast for many many years. The money's been spent. I mean your labor cost as a percentage -- percentage of recurring revenues, that ship has sailed. Die is cast. So, that will be part two for this conversation. Anything further, Mayor, on this topic? Simison: No. Borton: Council? Okay. To be continued. Thank you. 25. Strategic Plan Update Simison: Next up is Item 25, Strategic Plan update. Turn this over to Mr. Koontz. Borton: In person is always better. Just is. Koontz: It is. I love it. Good evening. My name is Vincent Koontz. I know some of you. I don't know others of you. But I hope to deliver a presentation on our 2021 to 2025 strategic plan tonight and I administer -- I helped create with City Council and our citizens, our 2021 to 2025 Strategic Plan. I'm also in charge of our Process Improvement Program for the city and I also work on special projects at the Mayor's office. So, I'm happy to be in front of you tonight. So, on the agenda I got a couple updates for some new council members. Some of us that have been on here before, some of us have not. I want to make sure and kind of give a refresh on how the plan was created. Also an update by our focus areas and on some of the work that was created in that plan and, then, answering any questions you might have. So, brief history lesson. Our first strategic plan was created in 2016 and through 2020, which was a step in the right direction for a growing city. We learned a lot through the process. I came on in 2017 and part of my job was to move that plan forward and take some of those lessons learned into the new plan. We kind of learned about what works, what didn't, and what the philosophy should be in a plan going forward, with the ultimate goal of achieving our vision, which is to being the west's premier community to live, work and raise a family by 2035. Our strategic plan, which actions and deliverables to our vision and provides the community with a sense of direction and provides our leadership and staff with guiding principles to achieve their jobs and achieve results. Over the course of 2020 during COVID we held meetings with our city council. We took input from our community partners. Also got information from our citizen survey, which greatly informed what our priorities were in the strategic plan. We also took input from our partner agencies and to determine what kind of framework we should pursue in order to achieve that vision. We additionally took some insight and -- from our staff and our leadership in the city and we wanted to also provide a plan that was flexible. We talked about flexibility here in the previous conversation. We wanted to make sure our new plan was flexible so that they could achieve and we could achieve our community's vision. These themes that are on our slide represent what our community told us in 2020 that would be priorities. What they cared about through our citizen survey and also what we heard from the newly elected officials and were some of the key building blocks that allowed our departments to create and execute the strategic plan and I'm Meridian City Council Work Session February 6,2024 Page 27 of 36 happy to answer any questions beforehand or after, just depending on how -- how you want to roll with it. Some of those top -- top concerns, which you see reflected in our current strategic plan, are public safety, transportation, growing responsibly. In addition, we also heard concerns in our citizen survey about a sense of community, economic growth, clean water, park services and efficient use of tax dollars and those were all represented in our five year strategic plan. Our Council in 2020 was involved in -- during the approval and adoption process and they set and helped set the focus areas which are the broad statements about what we would like to achieve and the direction of the city and the work that we do. We also set goals, which outline the work we look to achieve over the next five years and during that time period we set that framework. Council adopted it in December of 2020 and set forth a framework in order for our departments to create strategies and tactics, which represent a lot of the work in the plan. Over the past three years they have been working tirelessly on that plan. Now, some of the things that we do as departments and responsibilities we have -- so, the departments and the Mayor are responsible for the day-to-day execution of the plan. I work with departments to review updates with the Mayor and also ensure execution and, then, report back to our citizens and also City Council on the progress of the plan. As a Council body your role is -- as a policy and budget maker is to ensure the direction of our city is furthering the goals of our strategic plan and that was also part of the conversation we were just having about the CFP. The CFP is informed by the strategic plan. That should be and mostly is the things that we look to achieve in our CFP. The CFP confirms the goals in the strategic plan. And, if needed, as a Council body, you would update or approve any changes to the focus areas or goals if so desired and as of right now you haven't -- haven't chose to do that. And, hopefully, we don't have to again. But our citizens were also involved in the strategic plan through the ongoing citizen survey in 2022 and will be again this year in 2024. They help us show that direction and see how we are doing as -- as an approve -- in achieving our outcomes for the plan. We report progress and updates to City Council on a quarterly basis. I send you a memo and also provide you a presentation. The Mayor is also committed to updating our community through his blogs, as well as our recently published annual report, which is structured around the focus areas of our strategic plan. It also provides an update to our community on some of the key achievements by focus areas and that was just released recently, so that should be familiar with our strategic plan. Also wanted to highlight some of the key achievements that have happened over the past two years. Each one of these items represents some of the key achievements that have occurred since 2021 and represent one item at least from one of the six focus areas of the plan. In our Parks Department they were hard at work this past year on the parks master plan, urban forestry plan and Lakeview -- Lakeview golf course. In addition, the parks down in south Meridian and, then, that's -- those are important in outlining the future of our vibrant community and the Police and Fire you have obviously heard about -- have achieved opening their fire stations and the northwest police precinct. Our staff and partners have taken action to prioritize Linder Road overpass and Council approved dollars to -- to that end. Our commitment to transparency and improvement has taken shape with our commitment to the city website redesign and our Mymeridan podcast, as well as some city code updates. We are emphasizing growing responsibly through our streetlight master plan, as well as our solid waste master plan. Meridian City Council Work Session February 6,2024 Page 28 of 36 The Meridian pedestrian taskforce also was important this past year and we also did updates to our open space segment as an amenities package for development and I can confidently say that our departments have been working and on the outlined goals to achieve and support our vision. This is not cooperating and typically what I do in this part is highlight some of the things that have happened in the past six months from July to January of this year. So, as mentioned, as part of our commitment to keep the City Council up to date, we regularly update you on the status of the plan and if there are any major updates to the plan this bi-annual execution update is that time to do so. So, we take key actions that have occurred from each focus area, responsible growth, transportation infrastructure, business and economic vitality, public health and safety, vibrant sustainable community and government excellence. So, I will take you through a brief story of the past six months. So, responsible growth. You recently saw the mixed use Comprehensive Plan changes. Staff brought some of those to you. You also wanted to get a little bit more information from our public on that, so we are currently collecting some information from the public via social media. Under transportation infrastructure, in order to promote efficient movement through Meridian we spent the last two years closely working with ACHD, ITD and the development community to move construction forward on Linder Road overpass. We dedicated city funds. Recently heard we had the ITD strategic initiatives grant approved, which will provide 4.3 million dollars for the project. On pathways in south Meridian near my house we have also completed the Mary McPherson pathway, which you approved a budget amendment for, which I'm happy, because we can actually get to that school. It's also an important connection point, because some of those sidewalks don't exist and it's going to improve a lot of great safety for our children in that area. In addition, several other projects on Five Mile pathway and segments on Locust Grove are also in progress. The Meridian Intersection and Pedestrian Safety Task Force was created in the past six months to analyze sidewalk and intersections in Meridian. They identified over a hundred opportunities. A final report was delivered -- delivered to City Council in October. The streetlight portion was submitted to bid and city staff are currently working to discuss development -- development projects for the FY-25 budget in coordination with ACHD, West Ada and others. Under business and economic vitality and public health and safety, City Council recently approved a budget amendment and we started construction. I know you guys can see that out there on the Hunter Lateral relocation project. This was originally going to be completed by River Caddis for the Civic Block, but that project was recently terminated, but we are moving forward on that project. And that will help greatly with development in downtown. Under public health and safety, obviously, one of our largest commitments to public safety was building, staffing Fire Stations 7 and 8, along with the northwest police precinct. These investments brought on new facilities equipment and more importantly the personnel that will provide safety services to the community. These facilities also enable us to keep our officers and firefighters in that area of town, potentially reducing drive times and faster responses and use of their resources. Under vibrant sustainable community and government excellence, Discovery Park Phase Two was another huge project and was a major part of the strategic plan. We enjoy it currently. My daughters enjoy it. And we were really anxious to use the bike park. South Meridian's regional park took a huge leap forward with the three new softball fields, tennis courts, pickle ball and a large teen area. We Meridian City Council Work Session February 6,2024 Page 29 of 36 also have that bike park and pump track and all of this came in ahead of schedule and on budget. Work's continuing with the connections to Discovery Park, which is originally part of that with Eagle Road and Lake Hazel's intersection just now starting. The golf course also saw some renovations and upgrades to continue to provide a premier resource for our community. The clubhouse upgrades are currently working -- being worked on and, then, Council approved upgrades for the restroom facilities this year, which I hope to enjoy soon. So, the first action plan also for Meridian under the age friendly AARP program was one of those partnerships we had. It was completed and staff's going to be working on implementing some of the goals from that AARP age friendly community. In government excellence, Mayor Simison has been working through on the Mymeridian podcast, which is important engaging with the community. We have spent the past two seasons focusing on officials and agencies and we are recently moving into our community partners, which include the Meridian Chamber, the Senior Center, and others are now in progress. So, in our Innovation Academy, which hold near and dear to my heart, we have been working on continuous improvement projects, teaching our employees how to implement and reduce waste in the workplace. Over the past year we completed seven projects totaling over a thousand hours of work. Finance, building human resources and one other, did a project and we also trained 37 employees during the year on process improvement techniques. We look to build on that success this year and throughout 2024 and that's my summary. If you have any questions, happy to answer them. Simison: Thank you, Vincent. Council, any questions? All right. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: It goes through the end of 2025, you don't strike me as a guy that waits until, you know, January 1 of 2026 to start thinking about the next iteration. So, I'm not asking you to forecast or, you know, give us a big presentation, but maybe give Council a little flavor -- what are the things that you are thinking about as you are talking to stakeholders, directors, employees, what are the things that are starting to percolate that you are thinking about that we should also be thinking about as we look to the future? Koontz: Members of Council and Councilman Cavener, one thing that I think we have learned as this plan has gone forward is, you know, obviously, there is some flexibility needed with the plan and we continue to need that, but I think aligning the priorities. I think you guys mentioned it earlier, making sure that our priorities are aligned, you know, making -- those -- there is a component in the CFP that talks about, you know, which focus area does this -- this priority align with? So, making sure that as we are moving forward that we utilize that opportunity and, hey, we are going to need resources for this. We are going to need budget items for this. We are going to need to look forward five years and I think the other thing we -- also that connection piece, making sure that in the next plan -- in this current plan, we have those connection pieces to the Meridian City Council Work Session February 6,2024 Page 30 of 36 Comprehensive Plan and to all of our other documents that are associated with the things we do and the priorities we put forward and same thing with Mayor Simison and as a council body, you know, what are your priorities as elected officials to inform this new plan? What are you hearing from our citizens? So, in some ways I want to say that, you know, I want to come to you with those priorities, but as elected officials as well, I want to hear and know what are your priorities, where do you think we should be going, where does Mayor Simison think we should be going and, you know, putting those priorities to -- down to paper and having those collaborative -- collaborative sessions I think are very important. Speaking to when we might start kind of thinking about what that next plan iteration is, I anticipate towards the end of this year we will start evaluating how did we do. We have got a year left. What's going to probably be done in this current plan and what is likely going to move into the next one. We did that with the previous strategic plan, too. So, for the most part we are meeting the goals. We are meeting the focus areas of the plan, but there are some items that may not -- may not make it to the next plan, maybe shifts some priorities, but, again, some of that is going to come from our citizens. What does our 2024 citizen survey say? Do our -- do our citizens care about something different? Are they saying like, hey, let's shift something as well. If that answers your question. But that's -- that's -- that's what I plan to do at the end of this year and, then, 2025 we will be more involved in learning what other cities are doing or is anyone else doing it better or different than us? What strategies are there out in strategic planning, you know. So -- and partnering with, you know, to me the business community, the -- our partners. Did that work really well with the current strategic plan, but I think doing more of that outreach. We have our priorities as a city. It doesn't mean we are going to adopt their priorities. But, you know, having that conversation about what -- where our priorities lie as a city, where we are going to go, how we are going to continue to meet that vision in 2035, how are we going to be the west's premier city to live, work and raise family. We got a lot of accolades and we are doing really well and our citizen survey says we are doing really well comparatively to other cities. But how can we continue to raise that bar, so -- Cavener: Mr. Mayor, a follow up. Simison: Councilman Cavener. Cavener: I appreciate so much of that and, you know, we have had really robust conversations. Previous iterations strategic plan I really really struggled with, because I felt it was an operational plan for City Hall and the City of Meridian is more than just what the City of Meridian City Hall touches and I applaud that you are reaching out and touching other facets of our community and thinking about how that can intertwine with our work and I appreciate, too, that you are open to feedback and suggestions from the six Council Members as well. I think you are doing a really really great job and really getting to the strategic plan to the place that I have always hoped it could be and I just -- I want to commend you. I know you have driven a lot of that. I just wanted to say thanks. Meridian City Council Work Session February 6,2024 Page 31 of 36 ORDINANCES [Action Item] 26. Ordinance No. 24-2043: An ordinance (Compass Pointe Subdivision — H-2023-0004) annexing the northeast quarter of the northeast quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 7.69 acres of such real property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: All right. Thank you very much. Okay. Next item up is Item 26, Ordinance No. 24-2043. 1 will ask the clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to Compass Pointe Subdivision, H-2023-0004, annexing the northeast quarter of the northeast quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 7.69 acres of such real property from RUT to R-8, zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I move that we approve Ordinance No. 24-2043. Cavener: Second. Simison: Have a motion and a second to approve Ordinance No. 24-2043. Is there any discussion? If not, Clerk will call the roll. Meridian City Council Work Session February 6,2024 Page 32 of 36 Roll Call: Borton, yea; Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. 27. Ordinance No. 24-2044: An ordinance (Julia Subdivision — H-2023- 0003) annexing the southeast quarter of the northeast quarter of Section 4, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 2.77 acres of such real property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Next up is Ordinance No. 24-2044. Ask the Clerk to read this Ordinance by title. Johnson: Thank you, Mr. Mayor. It's an Ordinance related to Julius Subdivision, H- 2023-0003, annexing the southeast quarter of the northeast quarter of Section 4, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 2.77 acres of such real property from RUT to R-8 zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody who would like it read in its entirety? If not, do I have a motion? Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I move that we approve Ordinance No. 24-2044. Cavener: Second. Meridian City Council Work Session February 6,2024 Page 33 of 36 Simison: Have a motion and a second to approve Ordinance No. 24-2044. Is there any discussion? If not, Clerk will call the roll. Roll Call: Borton, yea; Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. 28. Ordinance No. 24-2045: An ordinance (1-84 + Meridian Road — H-2021- 0099) annexing the northeast quarter of the southeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 18.30 acres of such real property from RUT (Rural Urban Transition) to C-G (General Retail and Service Commercial) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: The next item up is Item 28, Ordinance No. 24-2045. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related 1-84 and Meridian Road, H- 2021-0099, annexing the northeast quarter of the southeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 18.30 acres of such real property from RUT to C-G zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, Clerk will call the roll. Did we have a motion? Okay. Overton: Mr. Mayor? Simison: Sorry about that. Councilman Overton. Meridian City Council Work Session February 6,2024 Page 34 of 36 Overton: I'd like to make a motion that we approve Ordinance No. 24-2045. Cavener: Second. Simison: Have a motion and a second to approve Ordinance No. 24-2045. Is there any discussion? If not, Clerk will call the roll. Roll Call: Borton, yea; Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. 29. Ordinance No. 24-2046: An ordinance (Tanner Creek H-2022-0048) for rezone of a parcel of land located in the southeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 12.16 acres of land from C-G (General Retail and Service Commercial) zoning district to R-8 (Medium-Density Residential) zoning district and rezoning 17.46 acres of land from C-G (General Retail and Service Commercial) zoning district to R-40 (High-Density Residential) in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Simison: Next item up is Ordinance No. 24-2046. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to Tanner Creek, H-2022- 0048, for rezone of a parcel of land located in the southeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit 'A," rezoning 12.16 acres of land from C-G zoning district to R-8 zoning district and rezoning 17.46 acres of land from C-G zoning district to R-40 zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Meridian City Council Work Session February 6,2024 Page 35 of 36 Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I move that we approve Ordinance No. 24-2046. Strader: Second. Cavener: Second. Simison: Have a motion and a second to approve Ordinance No. 24-2046. Is there any discussion? If not, Clerk will call the roll. Roll Call: Borton, yea; Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. 30. Ordinance No. 24-2047: An ordinance (Tanner Creek H-2022-0048) for rezone of a parcel of land located in the northwest quarter of the southeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 12.27 acres of land from C-G (General Retail and Service Commercial) zoning district to R-15 (Medium High- Density Residential) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Simison: Next item up as Item 30, which is Ordinance No. 24-2047. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to Tanner Creek, H-2022- 0048 for rezoning rezone of a parcel of land located in the northwest quarter of the southeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 12.27 acres of land from C-G zoning district to R-15 zoning district in the Meridian City Code; directing city Meridian City Council Work Session February 6,2024 Page 36 of 36 staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I move that we approve Ordinance No. 24-2047. Cavener: Second. Simison: Have a motion and a second to approve Ordinance No. 24-2047. Is there any discussion? If not, Clerk will call the roll. Roll Call: Borton, yea; Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. Simison: We have reached the end of our agenda. Council, do I have a motion to adjourn? Borton: Mr. Mayor, I move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6.14 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 2/20/2024 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the January 16, 2024 City Council Work Session Meridian City Council Work Session January 16,2024 Page 9 of 9 Taylor: Yeah. And to consider there may be circumstances outside of our control, like whether that could inhibit what we have. So, I think this is a really smart addition. I'm fully supportive of it. Simison: Thank you. Council, any additional comments? All right. Clerk will call the roll. Roll Call: Borton, yea; Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. Ludwig: Thank you very much. I appreciate your support. Thank you. Simison: Thank you, Kyle. Nice to see you here. With that we are at the end of our meeting. Do I have a motion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 4:46 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 2 / 6 / 24 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the January 23, 2024 City Council Work Session Meridian City Council Work Session January 23,2024 Page 7 of 7 (Moved to adjourn - Borton.) MEETING ADJOURNED AT 5:41 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 2 / g 24 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK w IDIAN� AGENDA ITEM ITEM TOPIC: Graycliff Subdivision No. 4 Temporary Construction Easements A and B (ESMT-2023-0174) Project Name Subdivisio : ADA COUNTY RECORDER Trent Tripple 2024-006165 Graycliff Subdivision No. 4 BOISE IDAHO Pgs=10 CHE FOWLER 02/07/2024 08:23 AM CITY OF MERIDIAN, IDAHO NO FEE Easement A arid B ESMT-2023-0174 TEMPORARY CONSTRUCTION EASEMENT THIS Agreement,made this 6th day of Feb. , 20 24 between KB Home Idaho LLC ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, Grantor has provided a water main and/or sanitary sewer pipeline right-of- way easement across the premises and property adjacent to the Temporary Construction Easement hereinafter described;and WHEREAS, the utility infiastructure is to be provided for through an underground pipeline to be constructed by others; and NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee a temporary easement right-of-way over and across the following described property: (SEE ATTACHED EXHIBIT A and B) This Temporary Construction Easement is for the purpose of construction of a water main and/or sanitary sewer line and related incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said Grantee,its contractors, agents, successors and assigns. This easement shall terminate and expire 30 days after the installation and acceptance of said underground utility infrastructure by the Grantee. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sanitary sewer and/or water main infrastructure, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor 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. TEMPORARY CONSTRUCTION EASEMENT Page 1 Version 04/17/2023 THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land,and that they have a good and lawful right to convey said easement. This easement is subject to all prior easements and encumbrances of record or apparent upon the aforementioned and described tract of land. IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: KB Home Idaho LLC Thomas Coleman, Division President for KB Home ID LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on \-`Z2- 1LEI (date) by Thomas Coleman _ (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 KB Home Idaho LLC (name of entity on behalf of whom record was executed),in the following representative capacity: Division President (tvne of authority such as officer or trustee) ri0T'4 r- otary Signature • A • My Commission Expires: 9 ■''�■+0*''y�� ••'� 5ABRINA DURTSCHI ''• OF 10?' .►`` COMMISSION#46693 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 04/27/202v r TEMPORARY CONSTRUCTION EASEMENT Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 2-6-2-24 Attest by Chris Johnson,City Clerk 2-6-2024 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 2-6-2024 (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 TEMPORARY CONSTRUCTION EASEMENT Page 3 Version 04/17/2023 Exhibit A CITY OF MERIDIAN TEMPORARY UTILITY EASEMENT "A" GRAYCLIFF ESTATES SUBDIVISION NO. 4 LOCATED IN THE SE 1/4 OF SECTION 25, T.3N., R.1 W., B.M CITY OF MERIDIAN, ADA COUNTY, IDAHO N89'23'56"W 1320.68' _ _ CE 1/16 C 1/4 1112.42' BASIS OF BEARING 208.26' W, HARRIS ST. C� Qprn o v cF� W. LEARMONT ST. ro •i§b a �G•r. ��0 \1 \ N ` 0�10 GRAYCLIFF ESTATES SUBD. NO. 4 w Q S89'32'35"E 60.00' z 60.34' 21.01' � N88'35'09"W 1,234 SF 0.028 ACRES 25 1/4 36 W. AMITY RD. oNp L LA ND T� ,p 0 11118 Z �113�° z E OF ON w.NP 0' 75' 150' 300' L �d o'ut®on I 6on I I Land Surveying and Consulting 231 E STM ST,STE A MERIDIAN,ID 83642 (208)288-2040 1208)288-2557 fax www landsolulions biz dog No Zf-29 Exhibit B Legal Description City of Meridian Temporary Utility Easement "A Graycliff Estates Subdivision No. 4 An easement located in the SE '/4 of Section 25, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northeast corner of the NW%of the SE '/4 (CE 1/16 Corner) of said Section 25, from which a 5/8 inch diameter iron pin marking the northwest corner of the SE '/4 (Center '/4 Corner) of said Section 25 bears N 89°23'56" W a distance of 1320.68 feet,- Thence along the northerly boundary of said NW '/4 of the SE '/4 N 89°23'56" W a distance of 208.26 feet to a point; Thence leaving said boundary S 0°36'04" W a distance of 843.45 feet to a 5/8 inch diameter iron pin marking an angle point on the easterly boundary of Graycliff Estates Subdivision No. 3, as shown in Book 126 of Plats on Pages 20216 through 20218, records of Ada County, Idaho; Thence S 48045'09" W a distance of 636.63 feet to the POINT OF BEGINNING; Thence S 89°32'35" E a distance of 60.00 feet to a point; Thence S 0027'25" W a distance of 21.01 feet to a point; Thence N 88035'09" W a distance of 60.34 feet to a point; Thence N 1°24'51" E a distance of 20.00 feet to the POINT OF BEGINNING. This easement contains 1,234 square feet (0.028 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS \pNPL Land Solutions, PC November 20, 2023 Q, m o 11118 x 0 F �C-D� T0N ter �P Graycliff Estates Subdivision No.4 Land Surveying and Consulting Meridian Temporary Utility Easement A Job No.21-29 Page 1 of 1 Project Name(Subdivision): Graycliff Subdivision No. 4 Easement B TEMPORARY CONSTRUCTION EASEMENT THIS Agreement,made this 6th day of Feb , 20 24 between KB Home Idaho LLC ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, Grantor has provided a water main and/or sanitary sewer pipeline right-of- way easement across the premises and property adjacent to the Temporary Construction Easement hereinafter described; and WHEREAS, the utility infrastructure is to be provided for through an underground pipeline to be constructed by others; and NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee a temporary easement right-of-way over and across the following described property: (SEE ATTACHED EXHIBIT A and B) This Temporary Construction Easement is for the purpose of construction of a water main and/or sanitary sewer line and related incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said Grantee,its contractors, agents, successors and assigns. This easement shall terminate and expire 30 days after the installation and acceptance of said underground utility infrastructure by the Grantee. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sanitary sewer and/or water main infrastructure, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor 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. TEMPORARY CONSTRUCTION EASEMENT Page 1 Version 04/17/2023 THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land,and that they have a good and lawful right to convey said easement. This easement is subject to all prior easements and encumbrances of record or apparent upon the aforementioned and described tract of land. IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: KB Home Idaho LLC t 1 Thomas Coleman, Division President for KB Home ID LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by Thomas Coleman _ (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 KB Home Idaho LLC (name of entity on behalf of whom record was executed),in the following representative capacity: Division President (ry Inc of authority such as officer or trustee) SABRIN CHI COMMISSION#46693 NOTARY PUBLIC Notary Signature STATE OF IDAHO My Commission Expires: MY COMMISSION EXPIRES 04/2V2024 TEMPORARY CONSTRUCTION EASEMENT Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 2-6-2024 Attest by Chris Johnson,City Clerk 2-6-2 0 24 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 2-6-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature 3-28-2028 My Commission Expires: TEMPORARY CONSTRUCTION EASEMENT Page 3 Version 04/17/2023 Exhibit A CITY OF MERIDIAN TEMPORARY UTILITY EASEMENT "B" GRAYCLIFF ESTATES SUBDIVISION NO. 4 LOCATED IN THE SE 1/4 OF SECTION 25, T.W. RAW., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO A N89'23'56"W 1320.68' _ CE 1/16 C 1/4 1112.42' BASIS OF BEARING 208.26. W RABBIS ST. c ..I-:Ln o: 14- I s c'pq� f '0 I W. LEARMONT ST. � l o_ GRAYCLIFF ESTATES SUBD. NO. 4 1 g; I 1,595 SF 0.037 ACC_ F—t. POINT OF BEGINNING : 61_34 ^ _ N N1'24'51"E/1___I1,i 20.00' 59.89' v, N88'35'09"W 25 1/4 36 W. AMITY RD. O�p,L LA N4 5` 1 S TER SG�� a 11118 ;U L�T 0V' (1 (1.v 1 t3 ,� 2 rE 0 F �� oN W.NP 0' 75' 150' 300' Lan olutions Land Surveying and Consulting 231 E 5TH ST,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)268-2557 fax www landsolutions biz JOB NO 21-29 Exhibit B Legal Description City of Meridian Temporary Utility Easement "B" Graycliff Estates Subdivision No. 4 An easement located in the SE '/4 of Section 25, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 518 inch diameter iron pin marking the northeast corner of the NW'/4 of the SE '/4 (CE 1/16 Corner) of said Section 25, from which a 5/8 inch diameter iron pin marking the northwest corner of the SE '/4 (Center % Corner) of said Section 25 bears N 89023'56" W a distance of 1320.68 feet; Thence along the northerly boundary of said NW'/4 of the SE '/4 N 89°23'56" W a distance of 208.26 feet to a point; Thence leaving said boundary S 0036'04" W a distance of 843.45 feet to a 5/8 inch diameter iron pin marking an angle point on the easterly boundary of Graycliff Estates Subdivision No. 3, as shown in Book 126 of Plats on Pages 20216 through 20218, records of Ada County, Idaho; Thence S 26°07'57" E a distance of 577.40 feet to the POINT OF BEGINNING; Thence N 78°55'26" E a distance of 61.34 feet to a point; Thence S 1°24'51" W a distance of 33.27 feet to a point; Thence N 88°35'09" W a distance of 59.89 feet to a point; Thence N 1°24'51" E a distance of 20.00 feet to the POINT OF BEGINNING. This easement contains 1,595 square feet (0.037 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS ONNL LANoS Land Solutions, PC ,s T ER Up November 20, 2023 4 11118 ° Cl) <, 9T� OF � 0 � 2� N W \A Graycliff Estates Subdivision No.4 Land Surveying and Consulting Meridian Temporary Utility Easement B Job No.21-29 Page 1 of 1 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Foundation Support Works Water Main Easement No. 1 (ESMT-2024-0006) Project lame or SubdivisionName; Foundation Support Works Water Main Easement Number: WengtyOisFOAMby ` "`�'tthe olowtal'" than one A*M m a t ADA COUNTY RECORDER Trent Tri le ", ry=a type..5�3n�lras�t5orsatch�ck at ttx a�u anai tend-zrr, �. Tripp le BOISE IDAHO Pgs=5 CHE FOWLER 02/07/2024 08:22 AM For Internal Use Ortty ESMT-2024-0006 CITY OF MERIDIAN, IDAHO NO FEE Record Number: 1VATJQ_k,81A,TN E N'T '%I Fes neat Ament made this 6th day of February 20 24 between �,< fra w - i ("Grantor")and di City Meri+r an,an Idaho uni�°ipat Corporation("Grantee"), WIfEREA , die Grantor desirr"s to provide a water ruain right-far wrty across the prettris s and propel to hereinafter particularly bounded and described;and 4 "I-II KEAS , the water train is to be provided for through underground pipelines to lie constructed by others,and WHEREAS, it will be necessary to maintain ant[ service said pipelines from time to titer: by the Grantee; NC)W iIERT'l^ORE, in consideration of the benefits to;be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right- of-way for all easement for the operation and maintenance of water trains over and across the following degerit)ed property. (SEE ATT,' Offi)EXHIBITS AA and Bj The easement hereby granted is fior the purpose;ofconstruction and operation of waterniains and their allied facilities,together with their maintenance,repair and replacement at the convenience ofthe Grantee, with the free right cf'ace ss to such facilities at any slid all times. 1-0 t LkVE A lv-D TO HOLD, the said casenwnt and ri ht-o&way unto the said Grantee, its', successors and assigns forever. IT IS FXPRESSLY UNDER.STOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance,Grantee shall restore,the area of the casement 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 vas plated there in violation ofthis casement, THE GR;1;N,rOR 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 saii casement,including,but not limited to,buildings, trash enclosures, carports, sheis, fences,trees,or sleep-rooted shrubs. THE G RAIWOR covenants and;age=with the Grantee that should any pm—t of the way and caK ement hereby granted sliall"Became part of,or lie within the boundaries ofany S�'r�t�:r Itlaitr l:�rscnscnt I�a�c f �'crsiva�{i 1 1:�i�{.12, public street, then„ to such extent, such right-of-way and easement hereby granted which Iles within such boundary thc:reofor which is ;a part thereof, shalt cease aid dome 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 Granted-has tt good an taxvful right to convey said easement, and that Grantor will w rrant...and forever defend the title anti quiet possession thercofagainst the lawffil claims of4ll persons whomsoever. WE CO"V`I?NAMrs OFGRANTOft_t-nade herein shall be'bindi tiponG�nt±�t�:successh�;, assigns, heirs, personal re,*sentatives, purchaser ,,or transferees ofatny kln& IN FITNESS WIIf:•REOI°, the said parties of'the first !tart have limunWsubscribed' their signatures the Clay and year first herein above written. GRANTOR: r � STATE OF IDAHO ss County of Ada "Chis record.was acknowledged before nee on 1/1:71aq (date) ley hl�dtw� {name of individual), [complete the]vllowing l sigrning n ca reprosentrttive capaeiry trikt €h ullt�tittin I{st rain in cant individual capacity] on baba!f of (name of entity can behalf of whom record was executed), in the following'representative: capacity: "r.c sf"-� (type:ofauthority such as€at7"iccr or trustee)F` Notary Stamp Below ELMAWN TUFTS Notary Pubttc Sig*of t otary Signiturer Commission ter 2M5162 My Commission Expires:, t�L�1-12 Y Cor�►nftsi+n ftpim Jan 13.2027 .., . Water Main Easement Page 2 Ve inn.tl4,�tZd2i}?� GRANTEE CITY OF IvIEi'ZIDIAi' Robert lm. Sirnison,Mayor 2-6-2024 Attest try Chris Johnson, City Clerk 2-6-2024 i STATE OF IDAHO, } County of Ada This record %-as acknowledged before tie can 2-6-2024 .,_(date) by 126bert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively, Notary Stamp Below Notary Si pature My Commission Expires: 3-28-2028 Water Main Easement Page 3 V Lrs on 04/17/2023 Professional Engineers, Land Surveyors and Planners Ma5c),n 924 3`d St. So. Nampa,.ID 83651 A,55C>Clat�S Inc. Ph (208) 454-0256 e-mail:dholzheYammasonandassoeiates.us FOR: Steve Burak JOB NO.: JN0019 DATE: January 09, 2024 EXHIBT "A" WATER EASEMENT An easement being a portion of Lot 13 of the Amended Plat of Bowns Second Addition to Meridian in the SE1/4 SWIA of Section 7,Township 3 North, Range 1 East,Boise Meridian, Ada County Idaho, more particularly described as follows: Commencing at the southeast corner of the SETA SWl/4; Thence S 89' 19' 57" W., 678.49 feet along the south boundary of the SE 1/4 SWIM; Thence N 001 30' 3 8"E., 45.01 feet to a point on the northerly right of way of Franklin Road; Thence S 891 19' 57"W., 180.27 feet along the northerly right of way of Franklin Road; Thence N 00' 24' 5 1"E., 7.00 feet parallel with the easterly right of way of E. Third Street to the POINT OF BEGINNING of said easement; Thence N 00124' 5 1" E., 20.00 feet parallel with the easterly right of way of E.Third Street; Thence N 89' 19' 57" E., 7.04 feet parallel with the northerly right of way of Franklin Road; Thence N 000 24' 5 1"E., 9.64 feet parallel with the easterly right of way of E. Third Street; Thence N 891 1.9' 57" E., 20.00 feet parallel with the northerly right of way of Franklin Road; Thence S 00' 24' 5 1" W., 29.64 feet parallel with the easterly right of way of E. Third Street; Thence S 891 19' 57" W., 27.04 feet parallel with the northerly right of way of Franklin Road to the POINT OF BEGINNING of said easement. Mason A550CIatES Inc j 11 �. 93 6 ` Professional Engineers, Land Surveyors and Planners o///012 4� Page ► of 1 4Q ■ B ■T .. RE39 .. An easement being a portion of Lot 13 of the Amended Plat of Bowns Second Addition to Meridlon In the SE114 SWI14 of Section 7,Township 3 North, Range 1 East, Boise Meridian, Ada County Idaho W a ' O O O Z N N89'19' , 20-00 L2 i N i N tl, CaCS VOj N N Q z S89'19'57"W 27.04' S8979'57'W 180.27' LEGEND A CALCULATED POINT 1 DEED LINE Z - - - - - - - EASEMENT LINE z i C 260.06' i 180.20' 678°49' N89'19'57"E E. FRANKUN ROAD Line Table 368 E. FRANKLIN RD. Line # Direction Length EASEMENT EXHIBIT roe Na JN0319 L 1 NO* 24' 51"E 7.00 � owNa JNQ319 EXHISM A ,� Pro►emional Enpineers, I Vl ason 1•120- REV � L2 N8� 19' 57"E 7.04 92e,gd5t�t FJB?Gi1 U ._ SSOC1a�"C5 {ai�6aazs6rar2se67at� L3 SO' 24' S1"W 9.64 naalMi Sr I DAM BP 11,912024 1 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: vertex Subdivision No. 1 Water Main Easement No. 1 (ESMT-2024-0007) ADA COUNTY RECORDER Trent Tripple 2024-006178 Project Name or Subdivision Name: BOISE IDAHO Pgs=5 ANGIE STEELE 02/07/2024 08:33 AM Vertex Subdivision No. 1 CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number:_1 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructionstchecklist for additional information. For Internal Use Only Record Number: ESMT-2024-0007 WATER MAIN EASEMENT THIS Easement Agreement made this 6th day of February 20 24 between Smith Brighton Inc. ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS , the water main is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE,in consideration of the benefits to be received by the Grantor, and other good and valuable consideration,the Grantor does hereby give,grant and convey unto the Grantee the right- of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities,together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right ofaccess 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 ofthis easement. 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 Water Main Easement Page I Version 01/01/2024 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 ofno 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 thereofagainst the lawful claims ofall 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: SMITH BRIGHTON INC. Robert L. Phillips, Chief Operating Officer STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on Jan./12 , 2024(date) by Robert L.Phillips (name of individual), [complete the_following Z signing in a representative capacity, or strike the_following lfsigning in an individual capacity] on behalf of Smith Brighton Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: Chief Operating Officer (type of authority such as officer or trustee) Notary Stamp Below Notary Signature SHARI VAUGHAN My Commission Expires:_— Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1, 2024 Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 2- - 2024 Attest by Chris Johnson, City Clerk 2-6-2024 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 2-6-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 01/01/2024 'I J E N G I N E E R I N G January 12,2024 Project No.:22-015 Vertex Subdivision No. 1 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian water easement situated in a portion of Government Lot 2 of Section 5,Township 2 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at an aluminum cap marking the North 1/4 corner of said Section 5,which bears N89°56'45"W a distance of 2,659.06 feet from an aluminum cap marking the Northeast cornerof said Section 5,thence following the westerly line of said Government Lot 2,S00°01'10"W a distance of 261.46 feet; Thence leaving said westerly line, S89°58'50"E a distance of 17.07 feet to the easterly right-of-way of South Recreation Avenue and being the POINT OF BEGINNING. Thence following said easterly right-of-way, NO2°18'36"E a distance of 20.02 feet; Thence leaving said easterly right-of-way,S89°58'50"E a distance of 172.66 feet; Thence S44°58'50"E a distance of 45.90 feet; Thence 20.93 feet along the arc of a curve to the left,said curve having a radius 80.00 feet,a delta angle of 14°59'29", a chord bearing of S61°38'30"W and a chord distance of 20.87 feet; Thence N44°58'50"W a distance of 31.64 feet; Thence N89°58'50"W a distance of 165.17 feet to the POINT OF BEGINNING. Said parcel contains a total of 4,145 square feet,more or less,and is subject to any existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. g ST ^ a w12 59a OF 1 • !2 . 202 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com P:\22-015\CAD\SURVEY\EXHIBITS\22.015 WATER EASEMENT.DWG,AARON BALLARD,1/12/2024,ESTUDI0907.PC3, S. Recreation Ave so0'01'10"w 2�675.12' 2413.67' I r 261.46 V ® NO2'18'36"E L2 NO2'18'36"E 64.42' (TIE) 65.68' (TIE)~� I I r- oZ I M z Z� z om 0= D z � �:�O Z� I o ® o moo O 71 zo �p I I z yK0 r-Z m � z m m N c� z m D; I 0 co cn m o 3 c m �U) K m L4 D° z r* C 7 O M m Ln to r— n � � m c D \ \ � cD Ln O o 1 p Ln 0 m r N Lp c Ln Oo O co <. L/) op c O 77 O O C ' _� o Ls _ lJt L/i (D cn Z fD z o N oo O Q cn ILn Q = L7 '� r O l i CD co r m O r-F Np JG) r Z z 0 L� I-' O rn caO mmo o � ;\ N N O rD U+ C Q C ��� rn c z \\}°' 41 c \y! O o m co — w rn X CO CO D D U) r- z N 14.33' ra r U) z N m W � � m � p I� 0 !� o -�-�2O.C1O' 0 0o N o G) I(0 Z S. Utmost Way \ ��� (Proposed) ��� ��`' Z I o O / m o� N r Z II ZZp toL4 m O D m Z Z O r N w r O �� Ln > z O� Z n m r*I m �� � rn o GG) D a0 O Z ri rri m y0 F, LA o LD ^h NO N Ln a° N m S. Eagle Road Tw ^' Ln v O ° Exhibit B V Z T OZE O -I m 0- City of Meridian Water Easement 7 N 2 Z O a m�o� TI w m O m 3 � '-1 Vertex Subdivision No. 1 ZGovernment Lot 2, Sec. 5,T2N, R1E, B.M.,City of Meridian,Ada County, Idaho K N N ll. A V IDIAN� AGENDA ITEM ITEM TOPIC: Sagarra Subdivision No. 2 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0009) ADA COUNTY RECORDER Trent Tripple 2024-006171 BOISE IDAHO Pgs=7 CHE FOWLER 02/07/2024 08:26 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision):, Sagarra Subdivision No. 2 Sanitary Sewer&Water Main Easement Number: 1 Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). ESMT-2024-0009 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 6th day of February 20 24 between Lynx Investments, L.P. ("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: Lynx Investments, L.P. By: Jo ph D. Hua , General Partner STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by Joseph D. Huarte (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 Lynx Investments, L.P. (name of entity on behalf of whom record was executed), in the following representative capacity: General Partner (type of authority such as officer or trustee) x f' D do M - - �� Al� l,--bli COMMISSION NO. 20216029 NOTARY PUBLIC otary Signature STATE OF IDAHO My Commission Expires:_12 ►) ) Z Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 2-6-2024 Attest by Chris Johnson, City Clerk 2-6-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 2-6-2024 (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 EXHIBIT A SAGARRA SUBDIVISION NO. 2 WATER AND SEWER EASEMENT Nl A water and sewer easement located in Lot 1, Block 3 of Linder Village Subdivision and for the proposed Sagarra Subdivision No. 2 and lying in the NW 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 an aluminum cap being the northwest corner of said Section 25;thence 5.89°22'30"E. a distance of 1963.52 feet along the north line of said Section 25 to a point; thence 5.00°37'30"W. a distance of 1165.94 feet to a point,said point also being the POINT OF BEGINNING; Thence N.06"03'55"E. a distance of 161.41 feet to a point; Thence 5.86"56'05"E. a distance of 118.34 feet to a point; Thence N.58'49'16"E. a distance of 23.04 feet to a point; Thence N.52'04'31"E. a distance of 123.19 feet to a point; Thence N.45'42'09"E. a distance of 276.13 feet to a point; Thence N.70`41'53"E. a distance of 62.11 feet to a point; Thence 5.66°57'57"E. a distance of 21.71 feet to a point; Thence along a non-tangent curve to the left a distance of 20.08 feet, said curve having a radius of 73.50 feet, a delta of 15"39'23", and a chord bearing 5.20"21'42"W. a distance of 20.02 feet to a point; Thence N.66'57'57"W. a distance of 14.90 feet to a point; Thence 5.70`41'53"W. a distance of 26.26 feet to a point; Thence 5.45"42'09"W. a distance of 173.43 feet to a point; Thence 5.44°17'51"E. a distance of 14.25 feet to a point; Thence 5.45'42'09"W. a distance of 13.33 feet to a point; Thence 5.75"37'33"W. a distance of 5.39 feet to a point; Thence N.44'17'51"W. a distance of 11.56 feet to a point; Thence 5.45'42'09"W. a distance of 16.56 feet to a point; Thence 5.43°57'17"E. a distance of 9.59 feet to a point; Thence 5.14'22'27"E. a distance of 5.37 feet to a point; Thence 5.45°42'09"W. a distance of 20.49 feet to a point; Thence N.43'57'17"W. a distance of 14.25 feet to a point; Thence 5.45°42'09"W. a distance of 63.68 feet to a point; Thence 5.52"04'31"W. a distance of 22.58 feet to a point; Thence 5.37'49'48"E. a distance of 14.00 feet to a point; Thence 5.52"04'31"W. a distance of 15.00 feet to a point; Thence N.37"55'29"W. a distance of 14.00 feet to a point; Thence 5.52"04'31"W. a distance of 90.12 feet to a point; Thence 5.31°10'44"E. a distance of 15.01 feet to a point; Thence 5.58°49'16"W. a distance of 14.47 feet to a point; Thence N.80"34'27"W. a distance of 14.62 feet to a point; Thence N.31'10'44"W. a distance of 5.63 feet to a point; Thence 5.58'49'16"W. a distance of 7.40 feet to a point; Thence N.86"56'05"W. a distance of 99.11 feet to a point; Thence 5.06'03'55"W. a distance of 100.91 feet to a point; Thence 5.00'37'59"W. a distance of 29.05 feet to a point; Thence N.89"22'O1"W. a distance of 32.90 feet to a point also being the POINT OF BEGINNING. Said parcel contains 0.53 acres, more or less, and is subject to all existing easements and right- of-ways of record or implied. QNpl)LA 15758 OF-10� EXHIBIT B SAGARRA SUBDIVISION NO. 2 WATER AND SEWER EASEMENT #1 EMIBINT DRAWING SHOWING A WATER AND SEWER EASEMENT FOR SAGARRA SUBDIM90N NO. 2 LVINO W THE NW 1/4 OF SEGTR% 25, T.WI.. RAW., B.M., ADA COUNTY, IDAHO. 2023. OR 017-072420 W. CHIMER BLVD. CR 201)-0)2459 23 24 IN 1/4 SEC. 25 FW '$$']02 26 25 t9ea5$'909 TW.uz' LEGEND SECTOR —�� BWROARY UNE c. .NE PoCXi-ff-WPY UNE O Nt04\ LOT UNE Ery EASFMENi ¢ PLUMINUM CM /µ�P/ 0 CgLWUTEO N PANT-NOT s Ri / UNE LDT O/ LOT NUM.. a xo uo Ll p / o4 YJ `u$Llt O F r O p Z ?hti I� n O� Sm58'os'E Ile.d6' BLOCK $ ki LIB yh1 ' O \ o- t I'n '/N9B5$O$'W'Al" L$0 LI9 O u I21 W. DIRECTOR LN. (PRIVATE) O NB9'22b1'W W. MALBAR ST. a L GRAPHIC SCALE 1 5758 0 w9 zs So +m 290 G �12-IS-2S0 OF $ a J. Hp1N J.J. HOWARD I$/p/z° .W HIV® A D 7I I I SAGARRA SUBDIMSION o RIIE: pMR A: —Ml ram. vwr I^ - 100. cIs ------ WATER AND SEWER EASEMENT - E%HIBIT B EXHIBIT B SAGARRA SUBDIVISION NO. 2 WATER AND SEWER EASEMENT #1 E KHISIT DRAWING SNOWING A WATEII AND SEWER EASEMENT FOR SIGARRA SUBDIWSIGN NO. 2 LWNG IN TIE NW 1/4 Or SECTION 2S. TAN.. RAW. B.N.. ADA COUNTY. IDANU. 2= Parcel Line Table Curve Table U.. # LmgBl GlrecDml Qxve/ Lent Raawe DYta CM1wE D4NMIon craws LengM LI ]xoe' x5W 0'Is4 0 xmo6 ]aso' IS]9']S 59p'31•.,S 3p.ox' 13 3VI' S66'9'S]Y u JW65]'STwLa 0'11'WWIS 'IT 5fEIS S'4 ov.L] '3Y]YWN 'IY sfwL9 '1Y W'W SY ITE 3Y 2TEL12 '12'09 w LI] 14. 5 NQ 5T 1Y L14 22.W' SS$'01'dl'N L15 1AOY SP'M y LIB 1SW' AZ"]Ib O] Ia.W' Nn SS'29^M LIB 15,01' 91'10'4T LI9 HAT SM.9'16'W L211 11.Ir m JI'Z-. {21 xW' N31 IV«•N L22 ].W' S55'H'19'w L2] 2 w SSL']Y 59'W J.J. HOWARD 2/113/23 09p S ® ° 2 2 SAGARRA SUBOIWSION No. 2 -- wu'vme/vtwnmc .cw: ow'Lxm uuWCW i" - Tao' c1s --- WATER AND SEWER EASEMENT — EXHIBIT B V IDIAN� AGENDA ITEM ITEM TOPIC: Sagarra Subdivision No. 2 Sanitary Sewer and Water Main Easement No. 2 (ESMT-2024-0010) ADA COUNTY RECORDER Trent Tripple 2024-006172 BOISE IDAHO Pgs=5 CHE FOWLER 02/07/2024 08:26 AM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE Sagarra Subdivision No.2 Sanitary Sewer&Water Main Easement Number: 2 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only Record Number: F,SMT-2024-0010 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this 6th day of February 20 24 between High Desert Development Linder Village,LLC ("Grantor")and the City ofMeridian,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. T O HAVE AND T O 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 1 Version 01/01/2024 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: High Desert Development Linder Village, LLC By:Josepp/6. Huarte, ager STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 1 I f a I ' O q(date) by Joseph D. Huarte (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 High Desert Development Linder Village,LLC in the following representative capacity: Manager (type of authority such as officer or trustee) ELI1�a RETT" COMMISSION .20221608 (— NOTARY PUBLIC STATE OF IDAHO Notary Signature My Commission Expires:, U v V Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor - - 207T— Attest by Chris Johnson, City Clerk 2-6-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 2-6-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 EXHIBIT A SAGARRA SUBDIVISION 00- 2 WATER AND SEWER EASEMENT 02 A water and sewer easement located in Lot 12 and 13 Block 1 of Linder Village Subdivision and for the proposed Sagarra Subdivision No. 2 and lying in the NW 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 an aluminum cap being the northwest corner of said Section 25;thence 5.89'22'30"E. a distance of 2551.07 feet along the north line of said Section 25 to a point; thence S.00°37'30"W. a distance of 500.01 feet to a point, said point also being the POINT OF BEGINNING; Thence S.89°27'27"E. a distance of 20.00 feet to a point; Thence 5.00'32'03"W. a distance of 57.89 feet to a point; Thence N.89°21'24"W. a distance of 20.00 feet to a point; Thence N.00°32'03"E. a distance of 57.85 feet to a point also being the POINT OF BEGINNING. Said parcel contains 0.03 acres, more or less, and is subject to all existing easements and right- of-ways of record or implied. N�� N 15758 IZ—I R-23 10 / OF C J gyp+ EXHIBIT B SAGARRA SUBDIVISION NO. 2 WATER AND SEWER EASEMENT #2 EXHIBIT DRAWING SHOWING A WATER AND SEWER EASEMENT FOR SAGARRA SUBDIVISION NO. 2 LYING IN THE NW 1/4 OF SECTION 26, UN., RAW., B.M., ADA COUNTY, IDAHO, 2023. CR 2017-072470 W. CHINDEN BLVD. 23 24 _ S89-22'30-E 2659.54' 26 25 2551.07' 118.4 CR 2017-072469 N 1/4 SEC. 25 � a ,Qi o p� N N 589'27'57-E LEGEND 20.00' I • SECTION LINE I I LOT LINE A, CENTER UNE ( I 'Y — — — — — — EASEMENT I ALUMINUM CAP 9 CALCULATED POINT-NOT SET ml I N V BROKEN UNE N (� �I I� n o zl IN I I I y� S I I Pao Q N89'21'24`W 15700 0 g 20.00' S89'21'24"E 7.45' W. ORCHARD PARK DR. i OFF® GRAPHIC SCALE 10 5 10 20 40 (w�T) 1 Nch Q1 9ECL BY: ]� _ SHEET; OF J.J. HOWARD 12/13/23 cLs /�\® /� ° 1 1 SAGARRA SUBDIVISION No. 2 WN scNe DISAwR�: DR,urwc eo. auemrza/.iw .r.v 1" = 2D' CLS ------ WATER AND SEWER EASEMENT — EXHIBIT B E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Lost Rapids Lot 8 Water Main Easement (ESMT-2024-0011) Project Name or Subdivision Name: Lost Rapids Lot 8 Water Main Easement Number: Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only ESMT-2024-0011 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this 6th day of February 20 24 between GFI Meridian Investments II, LLC— ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS , the water main is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right- of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities,together with their maintenance,repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, 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 ofthis easement. 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 Water Main Easement Page 1 Version 01/01/2024 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 thereofagainst 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: ��1- tP t�� �v �T+^�EnS. L-LC . U*4 STATE OF f86 ) } ss County of ) This record was acknowledged before me on 8'rk (date)by! ,rlroro.i'-im- ate (name of individual), [complete the following l signing in a representative capacity, or strike thefollowing (signing in an individual capacity] on behalf of 6PT--1$WA,&a 1wr 1L,LLL (name of entity on behalf of whom record was executed), in the following representative capacity: o . (type of authority such as officer or trustee) Notary Stamp Below Notary Signature My Commission Expires: UZ BRADLEY RHEES BOSWELL NOTARY PUBLIC • STATE OF UTAH COMMISSION NO. 729232 COMM. EX?. 2-6-2027 Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 2-6-2024 Attest by Chris Johnson, City Clerk 2-6-2024 STATE OF 1DAHO, ) S5. County of Ada ) This record was acknowledged before me on 2-6-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Stamp Below Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 01/01/2024 krn E N G S N E E R I N G January 16,2024 Project No.22-086 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement over a portion of Lot 8,Block 1 of Lost Rapids Subdivision,being situated in the Northeast 1/4 of the Northeast 1/4 of Section 27,Township 4 North,Range 1 West,Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found 5/8-inch rebar marking the Southwest corner of said Lot 8,which bears N89°17'16"W a distance of 139.90 feet from a found 1/2-inch rebar marking the Southeast corner of said Lot 8,thence following the southerly line of said Lot 8,S89°17'16"E a distance of 65.86 feet; Thence leaving said southerly line, N00'00'00"E a distance of 30.50 feet to the POINT OF BEGINNING. Thence N00°00'00"E a distance of 7.69 feet; Thence N43°55'57"E a distance of 37.70 feet; Thence N00"00'00"E a distance of 17.38 feet; Thence N90'OO'00"E a distance of 20.00 feet; Thence 500'00'OO"E a distance of 25.44 feet; Thence S43'55'57"W a distance of 17.85 feet; Thence S00°42'44"W a distance of 29.84 feet; Thence N89.17'16"W a distance of 21.57 feet; Thence N00"42'44"E a distance of 15.50 feet; Thence N89`17'16"W a distance of 12.03 feet to the POINT OF BEGINNING. Said parcel contains 1,689 square feet, more or less,and is subject to all existing easements and/or rights-of- way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. \ANAL LANQS 662 Y'KENFt V4ti2.w 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmenglip.com LINE TABLE LINt BEARING DISTANCE Last Rapids Subdivision L1 SOO-42'44"W 29.84 L2 N89'17'16"W 21.57 L3 NOO'42'44"E 15.50 L4 N89'17'16"W 12.03 Lost Rapids Subdivision �L N90'00'00"E 9 V 20,00' V N00'00'00"E S0o'00'00"E 17.38'i I�25.44' N43'55'57"E /� t 37.70'�/ /J5 A\_S43'55'57"W N00'00'00"E r 17.85' 7.69'�� L4 EXISTING CITY OF MERIDIAN BEGINNINNGG POINT I SEWER & WATER EASEMENT J� I PER INST. N0. 20 i 9-077073 _ N0 00'00"E- 30,50' (TIE) L7 o O 65.86' 74.04' x N89'17'16"W 139.90' POINT OF BASIS OF BEARING COMMENCEMENT — — Lost Rapids M Subdivision a 3 a 0 30 60 90 N Plan Scale: 1" = 30' E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY w ROBE,IDAHO 837B x PHONE(208)639-6939 Exhibit B �u kmengllp.com City of Meridian Water Easement DATE: January 2024 n PROJECT: 22-096 SHEET: A parcel of land being a portion of Lot 8, Block 1 of Lost Rapids Subdivision,situated d 1 OF 1 in the NE 1/4 of the NE 1/4,Section 27,T4N, R1W, B.M., City of Meridian, Ada County, Idaho 10.00 n90°00'00"e d °c 0 M h +{ V x N V. d� s nW1716"w s 12.03 v a 0 u � a � �? eV ap O C n89°I T E 6"w 21.57 Title: Date: 01-16-2024 Scale: 1 inch= 15 feet File: Tract 1: 0.039 Acres: 1689 Sq Feet:Closure M s42.0439e 0.01 Feet Precision=1I39056: Perimeter=205 Fed 001=n00.0000e 7.69 005-s04.0000e 25.44 009-n00.42440 15.50 002=n43.5557e 37.70 006=s43.5557w 17.85 010=n89.1716w 12.03 003=n00.0000e 17.38 007=s00.4244w 29.84 004-n90.0000e 20.00 008=n89.1716w 21.57 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Lost Rapids Lot 8 Full Release of Water Main Easement (ESMT-2024-0012) ADA COUNTY RECORDER Trent Tripple 2024-006169 BOISE IDAHO Pgs=1 CHE FOWLER 02/07/2024 08:25 AM CITY OF MERIDIAN, IDAHO NO FEE FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Water Main Easement ESMT-2024-0012 Lost Rapids Lot 8 GRANTEE: CITY OF MERIDIAN GRANTOR: GFI-Meridian Investments, LL INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated June 6th , 2023 and recorded as Instrument Number 2023-034631 in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS,the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish,release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 6th day of February 20 24 CITY OF MERIDIAN Robert E. Si n 2-6-2024 /` C1IDA SEAL Attest by kris Johnson, ity Clerk - - 2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 2-6-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. stain Na&ycWo.,q � p) Notary Signature 3-28-2028 CHARLENE WAY My Commission Expires: COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Version 01/01/2020 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Movado Multi-Family Sanitary Sewer and Water Main Easement No. 1(ESMT- 2024-0013) ADA COUNTY RECORDER Trent Tripple 2024-006170 BOISE IDAHO Pgs=9 CHE FOWLER 02/07/2024 08:25 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name or Subdivision Name` Movado Multi-Family Sanitary Sewer ck Water`lain Easement Number: � IdemiN this Easement by seguentLit miliibea if the Inoiect cotuainswote dean aee easemeal of This 4).See nestrnciiow'diecklist lbradditiowl infortiui ion. Igor Internal Use only ESMT-2024-0013 Record Number: SA AY THIS Easement Agreemett made this 6th day of Febraury 70 24 between Meridian Movado Village Investors, LP ("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 plains 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, - T O HAVE AND T O 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 Pave 1 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 lawfiully 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 lawfiil 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: Meridian Movado Village Investors, LP by Ferguson&Brewer Investment Company, its GP / as president of the GP STATE OF IDAHO ) ) ss County of Ada ) ff This record was acknowledged before me on ! (date) by OA C fs­cc V)r) (name of individual), [complete the folloWlllg l fslgllillg ill a l-cpresentative capacity, ol- stilke the,following ifsigning ill all individual cclpacityJ on behalf of Meridian Movado village Investors, LP(name of entity on behalf of whom record was executed), in the following representative capacity: President of General Partner, a corporation (type of authority such as officer or trustee) Notary Stamp Below CA I 9' R�� Vt ✓�"�1 Notary Signature j My Commission Expires: Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 11 County of_,[J(.1- L-c— On_ 2 • ; 2021 before me,.s- 1 e 0 C Date plcf Here Insert Name and Title of the Officer personally appeared I-ZLk1( Q Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the S.AHUMADA it laws of the State of California that the foregoing co , COMM. 2466416 D paragraph is true and correct. NOTARY PUBLIC CALIFORNIACh Qa?. COUNTY OF BUTTE W WITNESS my hand and official seal. opH„ Comm Expires NOV.9,2027 it Signature �D— Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document I y Title or Type of Document:_;22VILtt;l(i4`: UeWe(-OMtl 1122t ,r 1111 Vl E;aSQWILL L Document Date: ( [23 �ZD ZA Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: — Signer's Name: ❑ Corporate Officer —Title(s): ❑ Corporate Officer—Tltle(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General p4ndividual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 2-6-2024 Attest by Chris Johnson, City Clerk 2-6-2024 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowled-ed before me on 2-6-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stump Below Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 EXHIBIT A Sawtooth Land Surveying, LLC . s P (208) 398-8104 F: (208) 398-8105 2030 5. wa5hincton Ave : Emmett, ID 83(,17 City of Meridian Utility Easement Legal Description BASIS OF BEARING is South 89013'35" East, between brass cap marking the N1/4 corner of Section 21 and an aluminum cap marking the northeast corner of Section 21, Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho. An easement located in the NW1/4 of the NE1/4 of Section 21, Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho, more particularly as follows: COMMENCING at the N1/4 corner of said Section 21; Thence South 89113'35" East, coincident with the north line of said N1/2 of the NE1/4, a distance of 703.00 feet; Thence South 00111'04" West, 56.00 feet to the southerly right of way of E. Overland Road, marked by a 5/8" rebar/cap PLS 11574; Thence continuing South 00111'04" West, coincident with the east boundary of Movado Apartments Subdivision, as shown in Book 119 of Plats, at Page 18449-18452, Ada County Records, 189.42 feet; Thence leaving said east boundary, South 89013'35" East, parallel with said north line, 83.30 feet to the POINT OF BEGINNING; Thence South 00146'25" West, 103.05 feet; Thence North 89013'35" West, parallel with said north line, 31.49 feet; Thence South 00°46'25" West, 20.00 feet; Thence South 89013'35" East, parallel with said north line, 31.49 feet; Thence South 00046'25" West, 59.58 feet; Thence South 89013'17" East, 20.05 feet; Thence South 00146'25" West, 25.02 feet; Thence South 89113'35" East, 20.00 feet; Thence North 00146'25" East, 13.10 feet; Thence South 89113'17" East, 10.87 feet; P:\2021\1 EMT\121341-MOVADO MULTI-FAMILY I'll 2\Survey\Drawings\Descriptions\121340 Family City Meridian Utility Ease.docx Thence North 00046'43" East, 11.92 feet; Thence South 89'13'17" East, 92.76 feet; Thence South 00046'25" West, 25.01 feet; Thence South 89013'35" East, parallel with said north line, 20.00 feet; Thence North 00046'43" East, 25.01 feet; Thence South 89113'17" East, 164.36 feet; Thence South 00146'25" West, 25.08 feet; Thence South 89013'35" East, parallel with said north line, 20.00 feet; Thence North 00146'25" East, 25.08 feet; Thence South 89113" 7" East, 18.45 feet; Thence North 00146'43" East, 20.00 feet; Thence North 89013'17" West, 23.80 feet; Thence North 00046'43" East, 10.00 feet; Thence North 89'13'17" West, 23.16 feet; Thence North 00046'43" East, 26.64 feet; Thence North 89113'17" West, 20.00 feet; Thence South 00046'43" West, 26.64 feet; Thence North 89113'17" West, 98.83 feet; Thence North 00046'25" East, 32.41 feet; i Thence South 89013'35" East, parallel with said north line, 26.50 feet; Thence North 00046'25" East, 20.00 feet; Thence North 89013'35" West, parallel with said north line, 26.50 feet; Thence North 00146'25" East, 100.23 feet; Thence North 89013'35" West, parallel with said north line, 20.00 feet; Thence South 00046'25" West, 111.40 feet; Thence North 89013'35" West, parallel with said north line, 31.50 feet; Thence South 00°46'25"West, 20.00 feet; I PA2021\1 EMT\121341-MOVADO MULTI-FAMILY PH 2\Survey\Drawings\Descriptions\121340 Family City Meridian Utility Ease.docx i Thence South 89'13'35" East, parallel with said north line, 31.50 feet; Thence South 00°46'25" West, 21.24 feet; Thence North 89113'17" West, 72.85 feet; Thence North 00146'25" East, 152.64 feet; Thence North 89113'35" West, parallel with said north line, 20.00 feet-, Thence South 00146'25" West, 152.63 feet; Thence North 89113'17" West, 67.86 feet; Thence North 00°46'25" East, 32.36 feet; Thence South 89'13'35" East, parallel with said north line, 26.50 feet; Thence North 00146'25" East, 20.00 feet; Thence North 89113'35" West, parallel with said north line, 26.50 feet; Thence North 00146'25" East, 81.07 feet; Thence South 89113'35" East, parallel with said north line, 15.27 feet; Thence North 00046'25" East, 19.20 feet; Thence North 89113'35" West, parallel with said north line, 35.27 feet to the POINT OF BEGINNING. The above described easement contains 0.57 acres, more or less. t\ L 1` CC 1 •(h 11r P:\2021\1 EMT\121341-MOVADO MULTI-FAMILY PH 2\Survey\Drawings\Descriptions\121340 Family City Meridian Utility Ease.docx L EXHIBIT B I c o x xb I b �I Z `eC mm o S00°171>t'W 189.42, S0091Y1v^W 3 - - - - — - -56.00, I I I I I S 00°•16 25"Vf j L�S 00°46'2i"W 103.05' i L5rn r I 131.36-I �F ----, C 1 B1.07' Z I �IU 19 I I� IG �I— ti pg tD� ' I� LJW L35 I n Q L32 o O rn S!m•462S•W 1SZ6Yrn 0 1--- --- ---- �N � .rnA, NrnZ2 :� r 15z.64 m a T ~ �m I L1ol iv - I m 120 O Zip o� ! '`••I ly I—,_ w �� I~ x ! LL12 LL3p; ° L 100•-1675 W 111.40' $ I ; I I o IW� IF2 132.4r r.Ir IOQ27' — I F I IA la D I I I m 00 z y I 125 I :a rt7 � ? I m� i� I LT / o _n 5 I a rL15 L19� L17 PROP I -Q rn oo3a 050 In �0 o �ujaz 00 ao c 1 3 O '1 m S. CLOVERDALE ROAD soorsrw A61.:6• A 02 rn -i T CLn 3 n Z Z r r r r r r r r r r C b O V O� V1 d W N �+ O b Cb V Q� V1 d W N �+ O b � V 01 f" m Zln2ZVftpntn V1ZZpZcIyZpZZZZZtnZ (n Z14 (AZ (nZ (nyVfVf (n go O b O b b S b S b S b S b S b S b O S b O p m b 0 0 pp p b 0 FOF°, o F°, 0 0 0 0 0 0 0 0 o b S b b b o b o' w wd d .. a .. d .. d �°. f .°. d .°. .° dr. awwrnw $iw $, (.+ �; (,+ rnwrnwo+ � wo+ � wrnwc+ wwc+ w m N 4i 4i ^j w N leJ N W w nj W(n (na da V�"•6a V d �V"' (da �+ Na tWq mm � mm � m :Z-: :E ::Emm :k :� m ::Em ::Emmmm �N mdWa W(mna ::EN(na mwAa 4Vmr mN(na mW(na vgNa, m��-: (vmya, :ENva,N /v N W IV to N N N N N N N `+ N N `+ N N N N fv N `+ �+ �+ N N pi pO O N W N W �' O O S O a p O Vl 40j pO •uT' Pt •00 pQf� M Owb O O O �po O b b O�+ O O d O d n�n S O O S O O •C Of SOS (n m A v o A Di z U PROP, U ?1brn D T �� M 90 Gdo do oo�Z OLn 3 !� N Ye rn E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Graycliff Estates Subdivision No, 5 (FP-2023-0029), by KB Home, generally located south of W. Harris St. and west of S. Meridian Rd. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 2/6/2024 DATE: TO: Mayor&City Council HARMS ST_ FROM: Sonya Allen,Associate Planner PHASE #3 208-884-5533 PHASE ' PHASE #4 9 SUBJECT: Graycliff Estates No. 5 Z PHASE #2 0 FP-2023-0029 PHASE #5 LOCATION: Generally located south of W. Harris St. SITE and west of S. Meridian Rd., in the SE 1/4 of Section 25,T.3N.,R.1W. AMITY Ro. I. PROJECT DESCRIPTION Final Plat consisting of 39 building lots and two(2) common lots on 5.86 acres of land in the R-8 zoning district for the fifth phase of Graycliff Estates Subdivision. II. APPLICANT INFORMATION A. Applicant: Sabrina Durtschi,KB Home— 1414 Bannock,Boise, ID 83702 B. Owner: Thomas Coleman,KB Home— 1414 Bannock,Boise,ID 83702 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0129)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. There is no change to the number of buildable lots and the amount of common open space is the same,therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. Page 1 V. EXHIBITS A. Preliminary Plat(dated: 1/31/2020) GRAYCLIFF ESTATES SUBDIVISION LPRELIMINAwYnPLAT ME5I2IAN,IDAHO-202D r 77 —71 L. `�� wecr srre - - / \'�`�,,,J� Y• ,`S� ��••-•- FRELIMINA PL T N TES PREU-ARY PLOT]ATA 9M F itI' _ '-�• r �s_'r•'L 7 vJ ...., TIT LL.Nrtf e J.U. T-r-I"LLET E"m ER, jl _! e ITI-LL -L M En PP-1 B. Final Plat(dated: 11/2/23) GRAYCLIFF ESTATES SUBDIVISION NO.5 Rook PAGE LOCATED IN THE SE 114 OF SECTION 25,T 3N_,R_1 W_,B_M_, CITY OF MERIDIAN,ADA COUNTY,IDAHO 2023 imr-oanx ba�aaev e w.x+wgs Si— iaczai�v ieemex umb � n �� mn Rrm nnw.• LLLj 5� �� sexsYa52 isioV _� m �nalani wnu�rRraas.xn. � L r—aa�� Iq Ip n PpNi Of xmw R� ® .n 1 SV.N' ]OB' NOTES —� —`� r---aaP... ��x`4 � v + i L :i. �s :.. r�:.�y � .r-sw• � .m��.�e,na ren,o�rea,wuen„o��nuw w,arc rvn a,aNau wk,sr, ,V J ___�__—__ __ 0} -x„n,N[rtt�cri[wnna leGwnwiN I ,„ a,W , ER �,anwaW .A, Eoa. wX�pa �x,,rv,1- R Nptl�' [s uwi,m „fl,,lifx � &,� w[ne,iw Cf.w"mi.u,uP.4LYlASMl.wroGi,�Ru lwutt �, x �T.ar.ao.]„n.a,F4xv.iuE umw.,eo"E[eYY[N Mfw1A19,eeE w.en.w LEGEND C'..Tq. LNE TAG LE ® _ QIRIE/Lf]IGIrI RNIIIS pfLTx CUING •=kOiC CMEr LFRGIH pRECIIOI O 2�.ec[i.ns,v'm¢.n En]✓xrvrv,in»�r ct mW .,.w' vuY WnYbt i tE rAfQYnwYrvfaEa`r:rEBia+.E,NEnu^rear 5,.31' AOfY hS,Ye' a,iY�Y[ "�1 U m.W nmYa�, r to uj 38 mar rear va nX' o ,xr,9„�u o,e�"s,n...enr M,]m ii�a,`�."`xeA�erv'.°o�mxem&. i5 .e.,Y w.oY aH� sm,l,t �a.H V mY �envraY Tn H9 ] iect,me cF we�.rarvr,w,a Slrc 47Dx ANbR' 9NRA-AT SW AN' WiVYMti O ,r„ G i.Y m' nYiC aEVTi£ if! SW x,s�,nat o rar,e, 7aia aTSHv —__— R,e� xwsy,c w aver Rma�a w"w.r.Wa nw s,asRwv an�rvc ".✓� wT L-1 ART SURVEY NARRATNE ♦� 2� LAn blutions Land 5urveying and Consulting � cr �a]esax i..aTE.n YiuiTRw�rxa.,rcf^rar' eanx—isa uu,:a,R •lxiY 11.HT uoel�s-ao�o Vm��relma-�ssr SHEET 1 OF 3 Page 3 C. Common Driveway Exhibit sm tz W—N 00--]E 2 2 12.00' 0.00' MR-) LOT 42, CLOCK s TO TAKE ACCESS FROM TANDYCRDFI­AVE. _j .................. . . . ............ .... 20,00' A o CWMON LOT 46 TO BE OWNED AND W04INTAJINED GY THE H.0-A, 12.00I LOT WLL HAVE BLANKET UTILITY AND CROSS ACCESS EASEMENT LOT 43, BLOCK 5 TO TAKE ACCESS WM WIDE W. LYRA ST. DMMOH DRIVE. DRIVEWAY 7 20.00' 20-00' DRIVE 5-00' 12.00' LANDSCAPE SETEKK LOT 44, BLOCK S TO TAKE ACCESS FROM L"MMON DRIVF_ 20.00' 5.00' 20-00' MUCK 5 WAGE LOT 47, SLOCK 5 TD LOT TAKE A(XE3S FWN 12.00' W_ LYRA ST- LOT*, CLOCK 5 TO 20.00' TAKE ACCESS FROO COMMON DRIVE- 24' WIDE SETBACK DRIVEMY 0 20' 40' SCALE 1 20' :3Y sd COMMON DRIVE CHECK DRAWNED :B': r-SK CK ENGINEERING DATE: 11/27/23 1300 E. STATE ST.. SUITE 12_ EXHIBIT FILE- r—m-r—F-45-Dou — EAGLE. ID 83616 n I R-a wmmlwmurFwf%cwAT5vwsEn PHONE 208-639-191}2 D. Landscape Plan(dated: 10/31/2023) - L4N-PE NOTES: LANDSCPPE PLAN-OVERALL: STACK ROCK ..per • � e�o _ - ra ® 3 r 1-- 4- + � • L ND CAPEREQUI1 MENTS ae n eueeo o li {, _4 Lu P yd •«..�:m.M�..R li E5 JPHASE5 I` RH 5 lAlm5CAPE PLAN- I y LANdSGhPE PLAN- I IANME EPLAN li ar�n�-L�o� I uiEAs-L�oz I aaEaa-Lida I C7 a 9 PLAN- OVERALL r ,m L100 Page 5 r--- --— �z a O O O O BLOCK II I LANDSCAPE MATERIALS LEGEND I '�"' •.�• `.,.. m I cad I I I I II I II I I —° ---------------o, iISL>v1 _ m +L101 ------------- I I � I I I I , BLOCK7 I ' I I , 0 0 .'"_•�"`�""'" Ric<>:;i iix�i£:`::�i'>::<�: >az>:;'.:- iz S LANDSCAPE MATERIALS LEGEND �•�• I � I I � I I � I I I � I ————————————— PUH-nR�r.z L102 CK R ----------------- ROCK ------- --------------- 0 Lo En LANDSCAPE MATERIALS LEGEND MA ELI -------------------------- ------------------------------ 5TACK R Lo ]'I iafli; Ll 50 Page 7 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2015-112095, 1st Addendum Inst. #2019-086664, and 2nd Addendum Inst. #2020-066784)and preliminary plat(H-2019-0129)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat; or apply for a time extension,in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Land Solutions, stamped by Clinton W. Hansen, dated: 11/2/2023, included in Section V.B shall be revised as follows: a. Note#10: Include the recorded instrument number for the ACHD temporary license agreement. b. Legend: Include the recorded instrument number of the ACHD permanent easement line. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by Stack Rock Group, dated 10/31/2023,included in Section V.D, shall be revised as follows: a. Depict a 5-foot wide landscape strip planted with shrubs, lawn or other vegetative groundcover along the east side of the common driveway on Lot 46,Block 5 in accord with UDC 11-6C-3D.5. b. Include calculations for street trees planted within parkways (total linear feet of parkways and required vs.provided number of trees— 1 tree is required per 35 linear feet of parkway minus 26' for each driveway)as set forth in UDC 11-3G-3B.4. A copy of the revised plan shall be submitted with the final plat for City Engineer signature. 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 7. Homes on Lots 43-45,Block 5, shall comply with the setbacks depicted on the common driveway exhibit in Section VII.C. 8. Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 9. Comply with the standards for common driveways listed in UDC 11-6C-3D. 10. Future homes within the development shall be generally consistent with the building elevations referenced in the Development Agreement(Inst. #2020-066784). 11. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Matthew Peterson, at 208-887-1620 or Matthew.W.Petersonkusps.go for more information. 12. All fencing shall comply with the standards of UDC 11-3A-7C. 13. 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:llweblink.meridianciV.oLvlWebLinkIDocView.aspx?id=329923&dbid=0&repo=MeridianC ky C. Department of Environmental Quality(DEQ) https:llweblink.meridiancity.oLvlWebLinkIDocView.aspx?id=330211&dbid=0&repo=MeridianC hty Page 9 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Matador Estates (FP-2023-0024) by Marty Camberlango, Quantum Ltd., Inc., located at 1235 E. McMillan Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 1/16/2024 ORDER APPROVAL DATE: 2/6/2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 14 BUILDING ) CASE NO. FP-2023-0024 LOTS AND TWO (2) COMMON ) LOTS ON 4.84 ACRES OF LAND IN ) ORDER OF CONDITIONAL THE R-4 ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT MATADOR ESTATES. ) BY: QUANTUM LTD, INC. ) APPLICANT ) This matter coming before the City Council on January 16, 2024 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING MATADOR ESTATES SUBDIVISION, A RE-PLAT OF A PORTION OF LOT 5, BLOCK 1 OF THE CRESTWOOD SUBDIVISION LOCATED IN THE NE '/4 OF SECTION 31, TAN., R.IE., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2024, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MATADOR ESTATES FP-2023-0024 Page 1 of 3 DATE: 1/8/2024,by AKEMI WELLS, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated 1/16/2024, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MATADOR ESTATES FP-2023-0024 Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 6th day of February , 2024. By: Robert E. Simison 2-6-2024 Mayor, City of Meridian Attest: Chris Johnson 2-6-2024 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 2-6-2024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MATADOR ESTATES FP-2023-0024 Page 3 of 3 EXHIBIT A STAFF REPORTC�WE COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT DATE: 1/16/2024 Legend 0 TO: City Council Project Lflcfl i�or. k FROM: Sonya Allen,Associate Planner , E 208-884-5533 SUBJECT: FP-2023-0024 Matador Estates PROPERTY LOCATION: 1235 E. McMillan Rd.,in the NE 1/4 of Section 31,TAN.,R.1E. (Parcel #R1608650122) FFF - s EEJ Fa ----- I. PROJECT DESCRIPTION Final plat consisting of 14 building lots and two(2) common lots on 4.84 acres of land in the R-4 zoning district. II. APPLICANT INFORMATION A. Applicant Marty Camberlango,Quantum LTD, Inc.— 1110 N. Five Mile Rd.,Boise,ID 83713 B. Owner: Same as Applicant C. Representative: Same as Applicant 111. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H- 2022-0079)as required by UDC 11-6B-3C.2. The proposed final plat depicts the same amount of building lots and slightly more common open space(as required)than the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required by UDC 11-6B-3C. Pagel [Type here] IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Page 2 [Type here] V. EXHIBITS A. Preliminary Plat(dated: 5/12/22) 4:G000" A I]YIYY■1■ �--^�YS�l7U���' :h'I}!P:'3A\0- � ••• � g4�.L�1 1p J'Atl AWH■.]W ' r., '- .iL4 2awf 1 Eels ss us 10 Ali,g4oh I �I rah Jr ' s Y � Page 3 [Type here] B. Final Plat(dated: 1/8/2024) � � $- - u ���°� Hie C E. Spp y¢ 5 Wnb 5 8 @_ ffiffi H € a�w� a ��'� 'ta� ��p g� �� � ��ss�.� e � s ����� �� �b ���• %off' � � in t H IML MI a .1 �8� i��¢ �a aka�� i � � � g Ag sr W5 &�a'aa 6ffi� a � �'a5 � x �III iae�a r E"kLAl Re*J MjCl 8$ weia o'�wntios �'�•�ew•w savae �c.� 5C.?B flpldMar Cto�mZ]1,af..ODS raw ��I a �� 1—.._. �I $ $ $ ,6WE 334.38 a ee•um•w ram_ $ =T*MLo* ..: T—.I... mwoNwr e �xa `----- ssreeur�./� x�•iew•w r � . RX g$ I �mT o7g� I I�ji =i „a 1 xeraww euvMia J Is iUj I as a Q c fii - Q — 1{ wo y mw J f l — w o ill om f, �+— J c L———Ste'19[4'E 1e191'_ — a, d — ^ ——————— I qy 1s1 W-- 13 Ra -oil $ d _� 4 p Iga exxx E 9 L I bl l Q R .. L—8dB•le➢l•E i� —- 0I m I. r------ F-1F, loner L LJ L 6%"w•14TE ��.� ryv zl ' xermrrw ,ttes ffi q $E :e-w E 9 Yr S eA'Ir�6'E 9%A] � � E,rFIYtliC'PY ST.W&IC7 � _ i4M PUMP — —. n BLYYNT 391AV J R O! Gil oaf i oil ICI I V � I L Weer ZvAMEi gEv ��qCl is Pr N�'�3S W S11An' � 1 81 c a u2Eea[i43 BG���S o — .. en P cr o - Page 4 [Type here] C. Landscape Plan(dated: 1/10/24) �d k; s HO151Am9AS Suum boay.Lv It e 3 OV08 IVV771KO" t T —.. — -- - - - -- }}3 3 F F F [ yak YtSS 1� ri dr rPi / � '• l bb ti sew> saris y�y''i G�pfIfI III I ii� ■�k g 11 _�� '� Yg a ti 1 SS < F� Y 1 v pl- �,ti��M•-�,1f p •Z �I � s J W t ..x. Ilk •S - � I ! 1 � 5. � � fr{ g oil, oe 4 TI�i ��E' Eli 5 ��9r {E• i � iL a e a hl�illIlAips;E � s iU i rppsu�e•1 ql3• � � s Page 5 [Type here] 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-2022-0043,DA Inst. #2023-0153921. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the date of approval of the preliminary plat(by November 9, 2024), or apply for a time extension,in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Akemi Wells, Compass Land Surveying,PLLC, included in Section V.B, dated 1/8/24, shall be revised prior to submittal of the final plat for City Engineer signature, as follows: a. Note#4: Include the recorded instrument number of the ACHD sidewalk easement. b. Note#16: Include the recorded instrument number of the ACHD sidewalk easement. c. Note#17: Include the recorded instrument number of the City waterline easement. 5. The landscape plan prepared by Harvest Design, dated 1/10/24 included in Section V.C, shall be revised prior to submittal of the final plat for City Engineer signature,as follows: a. Depict shrubs along with the proposed trees and vegetative groundcover along the pathway on Lot 6,Block 1 in accord with the standards listed in UDC 11-313-12C. 6. The existing home proposed to remain on Lot 5, Block 1 shall be required to connect to City water and sewer service within 60 days of it becoming available and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8. 7. The address for the existing home on Lot 5,Block 1 is required to change since access will no longer be provided from McMillan Rd. The Applicant should coordinate the new address with the Land Development Dept. (kjohnston@meridiancity.org). 8. 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:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=329545&dbid=0&redo=Meridi anCi C. Idaho Transportation Department(ITD) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=321955&dbid=0&redo=Meridi anCi D. Department of Environmental Quality(DEQ) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=317460&dbid=0&redo=Meridi anCi Page 6 W IDIAN� AGENDA ITEM ITEM TOPIC: Final Order for Newkirk Subdivision No.1 (FP-2023-0020) by Laren Bailey, Conger Group, located at 4250 W. Franklin Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JANUARY 23, 2024 ORDER APPROVAL DATE: FEBRUARY 6, 2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 62 (44 SINGLE- ) CASE NO. FP-2023-0020 FAMILY ATTACHED AND18 ) TOWNHOMES) BUILDING LOTS ) ORDER OF CONDITIONAL AND 10 (8 LANDSCAPE, 1 ) APPROVAL OF FINAL PLAT COMMON DRIVEWAY, 1 ALLEY) ) COMMON LOTS ON 21.41-ACRES ) OF LAND IN THE TN-R ) (TRADITIONAL NEIGHBORHOOD ) RESIDENTIAL)ZONING ) DISTRICT FOR NEWKIRK NO. 1 ) SUBDIVISION. ) BY: LAREN BAILEY, CONGER GROUP APPLICANT This matter coming before the City Council on February 6, 2024 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NEWKIRK NO.1 SUBDIVISION FP-2023-0020 Page 1 of 3 1. The Final Plat of"PLAT SHOWING NEWKIRK NO.1 SUBDIVISION, LOCATED IN THE SW 1/4 OF THE SW 1/4 SECTION 10, TOWNSHIP 3N, RANGE I W, MERIDIAN, ADA COUNTY IDAHO, 2023, STAMPED BY JEFF BEAGLEY, SHEET 1 OF 5," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated October, 2023, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NEWKIRK NO.1 SUBDIVISION FP-2023-0020 Page 2 of 3 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 6th day of February , 2024. By: Robert E. Simison 2-6-2024 Mayor, City of Meridian Attest: Chris Johnson 2-6-2024 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 2-6-2024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NEWKIRK NO.1 SUBDIVISION FP-2023-0020 Page 3 of 3 EXHIBIT A STAFF REPORT (::�WERIDIAM,-_ COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING January 23, 2024 Legend pf� DATE: Project Location TO: Mayor&City Council ��ULULL.ppI FROM: Linda Ritter,Associate Planner , � 208-884-5533 - ------ - SUBJECT: Newkirk Subdivison No. 1 -------- FP-2023-0020 LOCATION: 4250 W. Franklin Rd.,in the SW 1/4 of Section 10,T.3N.,R.1 W. (Parcel #51210346801) u I. PROJECT DESCRIPTION Final Plat consisting of 62(44 single-family attached and18 townhomes)building lots and 10 (8 landscape, 1 common driveway, 1 alley) common lots on 21.41-acres of land in the TN-R(Traditional Neighborhood Residential)zoning district for Newkirk No. 1 Subdivision. II. APPLICANT INFORMATION A. Applicant: Laren Bailey, Conger Group—4824 W. Fairview Avenue, Boise, ID 83706 B. Owner: Chris Nolan,Lansing Farm LLC—P.O Box 372,Eagle, ID 83616 C. Representative: Laren Bailey, Conger Group—4824 W. Fairview Avenue, Boise,ID 83706 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-0088)as required by UDC 11-613-3C.2. The submitted final plat is for the same number of building lots and common area as approved with the preliminary plat; therefore,the proposed plat is in substantial compliance with the approved preliminary plat as required. ACHD required the applicant to extend Skill Hill Street from the Ascent Subdivision as part of the preliminary plat approval. After further review of the area,ACHD determined the grade was too steep and removed this condition of approval. Revised plans were submitted to the city and ACHD for approval. Page 1 Alternative Compliance Per UDC 11-6C-3D, common driveways shall serve a maximum of four(4)dwelling units. In no case shall more than three(3) dwelling units be located on one(1)side of the driveway. The applicant requested alternative compliance for the proposed four(4)lots on the north side of the common driveway as depicted in the drawing below. _ �• Y1R7X l �'nr 71PL4 NM1L'Cl'E ITTFi •� f 'r frrp CP y - r • r TRLW •r �74rMlE r r ' e�ewr The proposed dwelling units are two sets of attached units and not individual detached dwelling units as shown in the drawing below. Because the dwellings are attached units and cannot be separated to meet the code requirement, staff has no objection to granting the alternative compliance request based on the unique circumstances presented by the attached units in this specific development plan. 00� reww Page 2 Findings: 1. Strict adherence or application of the requirements are not feasible; or The proposed dwelling units are two sets of attached units and not individual detached dwelling units as shown in the drawing below. Because the dwellings are attached units and cannot be separated to meet the code requirement 2. The alternative compliance provides an equal or superior means for meeting the requirements; and Staff has no objection to granting the alternative compliance request based on the unique circumstances presented by the attached units in this specific development plan. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The alternative means only affects the lot located off of the common drive and will not be detrimental to the public welfare or impair the intended uses and character of the sourrounding properties. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Director has approved the request for alternative compliance for the common driveway within the development per the conditions in Section VI, in accord with the analysis in Section 111. Page 3 V. EXHIBITS B. Preliminary Plat(dated: 3/29/23) mwe N FR KIRK S DN FOR top NEWKINK 5116�MSION s.ixax�sw umce uouvn V— �urc >ro n Yi P f � y I - Page 4 C. Final Plat(10/2023) NEMURR SUSDMSION NO,1 HOOY—PAGE_.. L"TOM THE EV2OF—SW!/40FM;MMIOT.3N.,R..1W.,B.M., ---_—_ UTY OFMEWOMN,M lYA UAW ;VAHO — -ion nl's Glmmf�T 7023 —_—.----'---`--_4 :w«nA ..xro,�....w•.,w. LL� u m uw fr. sj¢ .n.o....e.x nrun,...�.m xx::zim iurtuwaw • � ,\ .� I � xemmuuva nvramwe�,rmoenm� 1 ' I I I � j mvmn'n�°9°c-rmsm.r.nw:.am r�.�mnu+a�m.:o I �raronan�a�..emt z*rem swwieme�zm+wn I ' I I � \YyT�_.._.—._.._— xesu„snvwrewsu osrmrw:msrsc�artve*.w�wr I 1 yf W REFER916 M9 MYNATII'F M30 SEMME77iID 83617 . LiG unvw.snwrcaonusmr. Page 5 aXK—PAGE� NEWKIRK SU13DMSION NO.I 7— F'N I IMP, 77- Jj F- iis fag i�ff6. H r-1 Ss, RM S*tM,0 83617 398,$:o4 FAX(M)39"105 NEWKIRK SUBDIVISION NO.I ✓ IX OS WASHING AVE A �,jo�17&� (208)3934:04 FAX(208)39"105 Page 6 NFWKIRK SUBDIVISION NO I oesuwo mn.uonrsa..mvrmrrm.nwesawevmurnzvmanrur. „mvm.gym�$ rM- �,. `..ur m,r�eaamereu..wavouFm.�wanwuenw.s+ �.� u.�m,T,nuu no,.wn wwamir cruusnw.m 7R305 ETF,IJ W617VE. EM7iE7i,IA P3617 (208)M-sIP4 FAX IM)39"1U5 !�rrrwea+.w.rixwnn.crn, _!J?^!��y,:+n_C1� WWWSAWIWT1uS.WM NEWKIRK SUBDIVISION N0.1 �vnr, xix rtarnxAn .wsnovai aFcmcamXn Zm u•�+a.mwca.m.rsa or,.,w ra wseus.�., orvw...nr,��« .M;o.,.u��r arr.mt e«w eaex rs�erw�'�"�"'�`enreax a '" u"X4CSw •«�E��,.ww,uowo. aflrueura cF eaaxnwAVFroA AFa(OI I10.°AW[dAYlY H1f�I4VAT O151RfCf munrarnewe aamrutl•cs mrum raeasvwfa rw wnau'"""aweos n,.r�u.�.,�orm r.r�r...wr 4 ,r.rmr,..,ro.«.M,.zMj kwaoux crcnTsrsrKo9z rnnv�rREmrroarscrunrxAre maaea u,.urc.,,x o..arrm..w.wmur,xmwm�.aT m�.«�,.���g 4 d130S ETT,1 83617 8(208)3 8,83817 (zos13s3-slot FAX(I!!8)398-B1f15 L�dSu�yin7.LLG xnvwsnwmorwsmw Page 7 D. Common Drive Exhibit BLOCK 1 I LOT 15 TAKES DIRECT I z ij I I STREET ACCESS, SIDE SETBACK 3.00' SI EAST SIDE OF LOT, I DRNEWAY LOCATED ON JTIU ,—— I w I LRILTIY EASEMENT1 I SETBACK TYP�i �N I I I I I l i I 11 12 I 13 14 I I 15 lfi o 17ZERO SETAlC IS I I I I i Y LOT LINE,�TYPK 0, --- I,—�a— ----I INN -- --- I NO z I � . I 10 + W SEABURG STREET LOT 9 TAKES DIRECT I r fA —STREET DRIVEWAY CLOCATED ON SOUTH SIDE OF LOT, 12' REAR I Y o m 9 f SETBACK TYP I MN I } 20.00' FRONT Q BLOCK 2 I SETBACK TYP I a I m L�/ z lip CIY o wg DTE M1I PO BD%6059 NEWKIRK SUBDIVISION Is o 5 30 B0ISE,m83]m COMMON DRIVEWAY EXHIBIT rn:[zosl s -%74 cgaham@aiva+9Aneenn9-mm Page 8 E. Landscape Plan—Final Plat(dated: 12/8/23) _ Nara-iuNE u r „ti ` F s 0 —m Y�. NFRIT SAVE 1 a \® 2 \ 0 . Co mz TFR,a � Lu iR F z tl NRARAIA AVE � 3 I .•�� 1 !1 r� PLAN LL 3 L1.. I e,Av//, O N w a hors a as Co zg r a Y azi YQw /: 1 ";A z LU a wgraiuNE lz� ;''d` "' 11ATCHJNE Lf -r _1 -�" r` I ® uroacAPE Page 9 PLANT SGHrMLr /4 -• � r �y � le��Ean z w W e- �� F` co zo cc d w .:. ..:� z { --- y �LAlOBCAPE l�r L2 U - - ,'';,•,wa, PL U I SCHEDULE rF4 „ �� ! z T» 0 , NOTES 0. z o 1.�as,nc mrc.xc�sor w,vma� C,rIYT FEIi[.Fi V1wnr.rnr-rr�.x-1re�rn.a, " " " • " ` N J4 h r 1—FLAHTiu:, i r �, „� �,,,�,,, �, �,,� ,,�,,,�, ,,, �, Y n 1 Cc LANDSCAPE GAL ULATIDNS 'I�! �I��' Nj!I.."; d": !'I�"i'm'�11T.�"�� �1�I 6� ����I'���V��7��� YZ2 LU UMMAPE iiii L4 Page 10 F. Common Open Space Exhibit&Calculations F f/ a i s 'j. — . 'I f•— —•� f —--• _ — ......— — t 2 RESILIMIALAPEN SPACE CALCS } QUALIFYING 41FlI SAACF n_S,SS AC{jS.4q / AP"TMENT 01131 SPACE CP --- � 4PEk5PACE REQ'D=104AC.59,4004E=240) — QUALIFYING OPEN SPACE=±3.66AC 05.0* 0M SFx.[ Project: Newkirk Neighborhood Date: 11.11.2022 Let Sqft Open Space Oimenslons Description pride SUCUM 1 1 4,051 4131'x 98' Collector Frontage C 1 31 159,46o Multi•Famlly Open Space MF 2 9 4,485 188'x 21.06' End Cap a 2 18 39,734 Large Park A 4 1 8,792 Collector Frontage/Park AC 5 2 85,885 Collector Frontage AC 6,550 Parkway Strip E Subtotals Acm Percent oll Total Total Sgft 308,927 7.09197M Qualified Open Space Ac, 7.09 Total Pralett Acres 20.45 Mon-Quallfying Open Spate 0.80 Percertt of Qualified Open Spate 34.69% Arterial and Collector Frontage 2.2" 31.96% Buffers&Endcaps 4AW 0.10 1.4S% Hillside 0.00 0.00% "Useable" 4-72 6659% Page 11 G. Site Amenities Prnposcd ArneniticsSingle-family Area. A. Largc 1-Acre,Play Park(Block Z,Lot 18)- The Newkirk Neigh borhood Park will-nmkain the folks wing recreation fadliodes: { -_ + Play Structure ,•+ t` r k • Swings + Seating Scnches } Shadc Stre clurc ` t + Climbing Rocks r Climbing Qvmc + Largc Grass play arcs + Attractive Landscaping - ' + Playground Fencing for safety rr .. — r + _ r t f rt** ' cf J /{Jr { Page 12 9. Pathways-The Newkirk Neighborhood will include the fallowing pedestrian pathways: Y Vide Separated Pedestrian Pathway on Both sides of N.San Marco Way-7,770 LE Pedestrian pathways within the Newkirk } Wiehborhood will Iota]over r}ne half rnile in length. --- - - V C. PaUrmayr Park(Block 4,Lot 1)-The Newkirk FATrW4AA —{T f P Neighborhood Park wi€I tantain a small pedestri an *, park including: Shade Struchwe • Additional Pa may Seating Areas Attra tii*e Landscaping 57�f�.TURE VI. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION I. Applicant shall comply with all previous conditions of approval associated with this development: H-2022-0088 (AZ,PP); DA Inst. #2023-051358,PBA Inst#2023-047023 and A-2023-0135. 2. The final plat shown in Section V.B,prepared by Sawtooth Land Surveying,LLC, stamped on 10/23/23 by Jeff Beagley, shall be revised prior to signature on the final plat by the City Engineer,as follows: Plat Notes: a. Note#6: Include the recorded ACHD license agreement number. b. Note#9: Include the development agreement instrument number. c. Note#14: Include the recorded instrument number for ACHD sidewalk easement. d. Note#15: Include the recorded instrument number of the City of Meridian water easement. e. Note#16: Include the language for the construction of the common driveway/lot which should include the following language: "capable of supporting an imposed weight of 82,000 GVW per IFC Section 503.2.4. f. Note#17: Include the recorded license agreement instrument number for the Nampa Meridian Irrigation District. Page 13 g. Add note that states access for lots within Block 3 shall take acess from Lot 11 which is a private alley. h. Add note to state"Direct access to Franklin Road and San Marco Way/Aviator Street is prohibited. i. Remove the Ski Hill Street extension as the grade is too steep per ACHD. 3. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2D-6 for the TN-R zoning district. 4. The Applicant shall comply with all ACHD conditions of approval. 5. The Applicant shall obtain Certificate of Zoning Compliance and Administrative Design Review approval for the multi-family development prior to building permit submittal. 6. The landscape plan prepared by Kimberely C. Segen Thaler,JensenBelts Associates dated 1/15/2024,included in Section VE,is approved as submitted. 7. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveway,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. This may be accomplished through depiction of the easement on the face of the final plat and an accompanying note. If a separate easement is recorded,a copy shall be submitted to the Planning Division with the final plat for City Engineer signature. 8. Per UDC 11-2D-6F, all dwelling units shall have a minimum of two(2)lights at the front of the unit. All dwelling units on alley accessed properties shall have a minimum of two(2)lights along the alley. All lighting shall prevent uplighting and shall be on a photocell that activates the lighting at dusk and turns it off at dawn. 9. Zimmerman Lane will not be dedicated as public right-of-way, except for the two stub locations at Atomic St. and Chair Lift St. Dedicate such stub locations to ACHD in configurations required by ACHD prior to the City Engineer's signature on the first final plat. Before recordation of the annexation ordinance AND the City's acceptance of the modified AZ and Plat boundaries to remove Zimmerman Lane,the applicant shall record a property boundary adjustment between the Newkirk property and the three(3)selected adjacent County parcels immediately to the west to facilitate conveyance of the Zimmerman Lane property as proposed. Proof of such conveyance shall be provided to City staff prior to City Engineer's signature on the first final plat.The alternative compliance request has been approved as submitted. 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:llweblink.meridiancit .00rg WWebLinkIDocView.aspx?id=286169&dbid=0&repo=MeridianCit X C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancit .00rg WWebLinkIDocView.aspx?id=287222&dbid=0&repo=MeridianCit X Page 14 D. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridianciV.oLvlWebLinkIDocView.aspx?id=287028&dbid=0&re2o=MeridianCit Y E. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianciU.oLv WebLink/DocView.aspx?id=289313&dbid=0&repo=MeridianCit Y Page 15 W IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement (Compass Pointe Subdivision H-2023-0004) Between City of Meridian and Butler Realty, LLC (Owner) and A-Team Land Consultants (Developer) for Property Located at 3245 and 3247 S. Locust Grove Rd. ADA COUNTY RECORDER Trent Tripple 2024-006162 BOISE IDAHO Pgs=41 ANGIE STEELE 02/07/2024 08:19 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Butler Realty, LLC, Owner 3. A-Team Land Consultants, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 6th day of February ,2024,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 Butler Realty,LLC,whose address is 1629 Main Street,Redwood City,California, 94063,hereinafter called OWNER, and A-Team Land Consultants,whose address is 1785 Whisper Cove Avenue, Boise, Idaho 83709, hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-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 have submitted an application for annexation and zoning of 7.69 acres of land with a request for 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 rezoning held before Planning and Zoning Commission and the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and DEVELOPMENT AGREEMENT—COMPASS POINTE SUBDIVISION(H-2023-0004) PAGE I OF 8 1.7 WHEREAS, on the 1Ph day of July, 2023, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER: means and refers to Butler Realty, LLC, whose address is 1629 Main Street, Redwood City, California 94063,hereinafter called OWNER, the party that owns said Property and shall include any subsequent owner(s)of the Property. 3.3 DEVELOPER: means and refers to A-Team Land Consultants, whose address is 1785 Whisper Cove Avenue, Boise, Idaho 83709,hereinafter called DEVELOPER,the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to bound by this Development Agreement and attached hereto and by this DEVELOPMENT AGREEMENT-COMPASS POINTE SUBDIVISION(H-2023-0004) PAGE 2 OF 8 reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. 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 approved Preliminary Plat, Landscape Plan, common open space/site amenity exhibit and conceptual building elevations for the development 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 entire frontage improvements along E. Victory Road and S. Locust Grove Road shall be completed with the first phase of development, except for a portion of the required sidewalks,per the conditions of approval by ACHD. c. A final plat application shall not be submitted until the intersection improvements are substantially complete. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default.In the event Owner/Developer,or Owner/Developer's heirs,successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT-COMPASS POINTE SUBDIVISION(H-2023-0004) PAGE 3 OF 8 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement.Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by the City Council. If for any reason after such recordation,the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. DEVELOPMENT AGREEMENT-COMPASS POINTE SUBDIVISION(H-2023-0004) PAGE 4 OF 8 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: Butler Realty,LLC A-Team Land Consultants 1629 Main Street 1785 Whisper Cove Avenue Redwood City, CA 94063 Boise, ID 83709 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the 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. DEVELOPMENT AGREEMENT-COMPASS POINTE SUBDIVISION(H-2023-0004) PAGE 5 OF 8 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. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to remove a portion of the Property ("Removed Property") from this Agreement at any time, provided that the City and the owner of the Removed Property concurrently enter into a modified development agreement governing the development and use of the Removed Property. The remaining portion of the Property,which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. 21. 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. 22. 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. 22.1 No condition governing the uses and/or conditions governing rezoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. 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-COMPASS POINTE SUBDIVISION(H-2023-0004) PAGE 6 OF 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: Butler Realty,LLC —4 By: 1,J(l It a r)-i (3t,41et- Its: n'f u lit ��✓ STATE OF ss: County of%M ) On this a day Qf 12024,before me,the undersigned,a Notary Public in and for said State, personally appeared l known or identified to me to be the manager of Butler Realty,LLC and the person who signed above and acknowledged to me that he 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. * z, ( lbtan�P�h;ic•Cadronia + Notary Public ' �, ✓ ° = San Mateo County = M Commission Expires: r Y P. Commission 237E641 " My Comm.Expire,Oct 30,2025 r DEVELOPER: A-Team Land Consultants By: 54T_y_C_ i Its: Pe-1,le-1 a�er- STATE OFIDAHO ) ss: County of Ada } On this 6A da of a ... ,2024,before me,the undersigned,a Notary Public in and for said State, personally appeared_ ) , known or identified to me to be the e4 of A- Team Land Consultants and the person who signed above and acknowledged to me thaf he executed a 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. JOHN BALLANTYNE COMMI1�§IQ.,�LNUMBER 20182468 N Public NC}IHtiY PUBLIC `, State of Idaho y Commission Expires: /,Z./7. 2`LL/ My Commission Expires 12/17/2024 DEVELOPMENT AGREEMENT—COMPASS POINTE SUBDIVISION(H-2023-0004) PAGE 7 OF 8 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 2-6-2024 Chris Johnson, City Clerk 2-6-2024 STATE OF IDAHO ) ss County of Ada ) On this 6th day of February , 2024, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT—COMPASS POINTE SUBDIVISION(H-2023-0004) PAGE 8 OF 8 EXHIBIT A w DAVID EVANS ANDASSOCIATES INC DESCRIPTION FOR COMPASS POINTE SUBDIVSION REZONE &ANNEXATION The following describes a parcel of real property lying within the Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4), Section 30,Township 3 North, Range 1 East, Boise Meridian,City of Meridian, Ada County, Idaho being more particularly described as follows: BEGINNING at the northeast corner of said NE1/4 NE1/4;Thence, along the east boundary line of said NE1/4 NE1/4, South 00°14'11" West, 1070.48 feet; Thence, departing said east boundary line, North 30°12'47"West, 1235.02 feet to the north boundary line of said NE1/4 NE1/4; Thence, along said north boundary line, North 89*42'20" East,625.91 feet to the POINT OF BEGINNING, containing 7.69 acres more or less. 0 13 'P� �� o 0 qNP, SULI-� P 625.91 n89°42'20"e 00 a r v o Da o m Title: Date: 05-19-2020 Scale: 1 inch=200 feet File: COMPASS POINTE SUB REZONE ANNEXATION.des Tract 1: 7.690 Acres: 334998 Sq Feet:Closure=s72.0359w 0.00 Feet: Precision>1/999999: Perimeter=2931 Feet 001=s00.1411w 1070.48 003=n89.4220e 625.91 002=00.1247w 1235.02 EXHIBIT MAP OF COMPASS POINTE SUBDIVISION RE—ZONE & ANNEXATION A PORTION OF THE NE 1/4 OF THE NE 1/4 OF SECTION 30, T. 3 N., R 1 E., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2020 E VICTORY RD N 89'42'20" E 625.91' PLS 8444 �' FOUND 1 C 2 REBAR NE COR, SEC. / FOUND BRASS CAP 28.95' WC I � I 00 q o o � � � w �Q. 7.69 ACRES± O 1 ' G Gam`' �, = U) 2 ter' o of tiF� of I cn N. I I l FOUND 5/8 REBAR ILLEGIBLE 1"=200' OIL LA DAVID EVANS o � Q ANDASSOCIATES INC. Ix cc 4 � 9179 W Black Eagle Dr � t Boise Idaho 7 ° Phone: 208-585-5858 �` F I'D P.5u1-���P� EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAy AND DECISION& ORDER In the Matter of the Request for Annexation and Zoning, Preliminary Plat consisting of 21 residential building lots and 6 common lots, Private Streets, and Alternative Compliance on 7.69 acres of land with a request for the R-8 zoning district,by A Team Land Consultants. Case No(s). H-2023-0004 For the City Council Hearing Date of: June 27, 2023 (Findings on July 11, 2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 27, 2023, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 27, 2023,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 27, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 27,2023,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(COMPASS POINTE SUBDIVISION AZ,PP,ALT,PS-FILE H-2023-0004) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 27,2023, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Zoning,Preliminary Plat,Alternative Compliance, and Private Streets is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 27, 2023, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(COMPASS POINTE SUBDIVISION AZ,PP,ALT,PS-FILE H-2023-0004) -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 § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(l)(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 27,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(COMPASS POINTE SUBDIVISION AZ,PP,ALT,PS-FILE H-2023-0004) -3- By action of the City Council at its regular meeting held on the 1 lth day of July 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. on 7-11-2023 Attest: � SEAL Chris Johnso 7-11- City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Cha&ycWM Dated: 7-11-2023 City Clerk's Office C� FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(COMPASS POINTE SUBDIVISION AZ,PP,ALT,PS-FILE H-2023-0004) -4- STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING June 27,2023 a: ' DATE: Legend UProject Location _ TO: Mayor&City Council FROM: Stacy Hersh,Associate Planner 208-884-5533 � SUBJECT: H-2023-0004 _ Compass Pointe Subdivision LOCATION: The site is located at 3245 &3247 S. Locust Grove Road,in the NE '/4 of the ; NE 1/4 of Section 30,Township 3N., -- Range 1E. .s W I. PROJECT DESCRIPTION Annexation and zoning of 7.69 acres of land with a request for the R-8 zoning district; • Preliminary Plat consisting of 21-residential building lots and 6 common lots on approximately 7.08 acres of land in the R-8 zoning district; • Private streets(PS)are proposed for internal access within the development; • Alternative Compliance is requested to UDC 11-3F-4,to allow the proposed private street to connect to Locust Grove, an arterial street;by A-Team Land Consultants. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 7.69 acres Future Land Use Designation Medium Density Residential Existing Land Use(s) County Residential(RUT) Proposed Land Use(s) detached single-family homes Lots(#and type;bldg./common) 27 total lots—21 single-family residential;and 6 common lots. Phasing Plan(#of phases) Proposed as one(1)phase. Number of Residential Units(type 21 total units single-family detached units of units) Density(gross&net) Gross—2.96 du/ac.;Net—3.37 du/ac. Open Space(acres,total 2.75 acres total—2.22 acres of qualifying open space(or [%]/buffer/qualified) approx. 31.4%qualified according to the submitted open space exhibit)much of the qualified open space is the creek and landscape buffers. Description Details Page Amenities 3 amenities—Park#1 -a gazebo,picnic area,and sitting plaza;Park#2-sitting area and pickleball court;and dog park with a sitting area. Physical Features(waterways, Tenmile Creek runs along the western property boundary hazards,flood plain,hillside) with most of its easement on this property.A portion of the property within the easement shows area of flood hazard. Neighborhood meeting date;#of November 3,2022;2 attendees. attendees: History(previous approvals) In 2020,City Council denied the previous proposed project (AZ,PP,ALT,PS H-2020-0100) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) No • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State Proposed access is from S. Locust Grove,an arterial. The Hwy/Local)(Existing and Proposed) proposed access is via a new private street and all internal roadways are proposed as private streets. Stub Street/Interconnectivity/Cross No stub streets are proposed due to site constraints. Access Existing Road Network E.Victory Road and S.Locust Grove Road,arterial streets, are existing with 2 travel lanes. Existing Arterial Sidewalks/ Buffers Proposed Road Improvements No road improvements are proposed by the Applicant due to all abutting right-of-way to the subject site being scheduled for widening by ACHD. The intersection of Locust Grove and Victory is to be a roundabout in 2022-23 with Locust Grove Rd.being widened to 5 lanes north of the intersection and Victory Road being widened to 3 lanes on either side of the intersection by 2025. Fire Service • Distance to Fire Station 1.5 miles from Fire Station#4 • Fire Response Time Proposed development falls within the 5-minute response time goal. • Resource Reliability 74%(below the target rating of 80%) • Risk Identification Risk Factor 2—Residential with hazards;current resources would not be adequate to supply service to this project due to nearby waterway if a water emergency were to occur. • Accessibility The proposed project meets all required access,road widths,and turnarounds. The electric gate at the entrance shall have an Opticom device and a knox switch for back-up in case the Opticom device fails.All roads are fire lanes and shall be signed:No Parking Fire Lane"per the 1018 IFC and installed per ACHD standards. Police Service • Distance to Police Station No comments submitted. • Response Time Description Details Page • Accessibility • Additional Comments West Ada School District • Distance(elem,ms,hs) No comments submitted. • Capacity of Schools • #of Students Enrolled Wastewater • Distance to Sewer N/A Services • Sewer Shed South Black Cat Trunk Shed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 13.98 • Project Consistent with YES WW Master Plan/Facility Plan • Additional Comments 0 Flow is committed ■ Ensure no sewer services pass through infiltration trenches. Water • Distance to Water Services 0' • Pressure Zone 4 - • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with YES Water Master Plan • Impacts/Concerns M Water and Sewer in parallel require a 30'easement. ■ The Water and Sewer need 10' separation and should be evenly spaced from the edge of the easement. ■ Water mains by themselves require a 20'easement with Water main centered in the easement. ■ Ensure no permanent structures(trees,bushes, buildings,carports,trash receptacle walls,fences infiltration trenches,light poles etc.)are built within the utility easement. ■ See mark-ups for additional comments. 1 1 1 11■■■ ■■ ■11:::a" nm � • . - . . . / �{�F::: .eau■ In IIIu =nm ■T■ii • � - inui 1111111 I . 11 wm �� _.--_ _ - nun■■� ■i■ n� �■■■■■►inn 1 ., s °� � ;i inn' , ■ Al ■:� :��:_ - a -.� "_,.i T�Tn- �w1 O wlllnnn nn - Y 1111111ION I V-\i0��1a1 11111I1I,11 VI, - _11111111= IIIIIIII e.■,,,,IIIIn- IIn■ 1•' -- n an,� mnllrsn-um1:m ■nison rfa� .. � noon p�/111n6111 rp nnum - ` �I1�m1111! ► nn .IIIIIIIaan• p nnnm - f� * ��+,, ..�pIC111■IIIf;S .. .. - 11. n111m•!!. 111111 C Illlln,111111■I � � :,�1■7 IIIIII■ - - \-. �P nu nu ■Innunl■■nn1■a �n �' ■1■■■■■■■ - ..- - 5 V - •' ■■� _� � • i�a1a11a■■ ylf ■nun� ��� w ff� ss■ w� .` ■ In 11■ 111'■n��. 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NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 4/19/2023 6/11/2023 Radius notification mailed to properties within 500 feet 4/14/2023 6/9/2023 Site Posting 4/17/2023 6/13/2023 Nextdoor posting 4/14/2023 6/8/2023 V. COMPREHENSIVE PLAN ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) Medium Density Residential—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school,or land dedicated for public services. The proposed annexation area is an undeveloped corner of land with existing medium-density development to its west, east across Locust Grove, and north across Victory Road. Specifically, this parcel of land is at the southwest corner of Victory Road and Locust Grove Road. There is existing City of Meridian zoning to the west, east, and north located within the northeast corner of the same intersection.All existing development directly adjacent to the subject site is zoned R- 8. The proposed land use of single family detached residential would be consistent with the existing surrounding dwelling units in the immediate area. Medium-Density Residential(MDR)allows gross densities of 3-8 units per acre; the Applicant is proposing a gross density of 2.96 du/ac. Staff finds that the proposed project meets the density requirements of the Comprehensive Plan. B. Comprehensive Plan Policies(hgps://www.meridiancity.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "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 R-8 zoning and proposed land use of single family detached homes will contribute to the variety of housing options in this area and within the City as desired. Single-family detached homes currently surround the proposed development. "With new subdivision plats,require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities"(2.02.01 A). The Applicant is proposing a 5-foot sidewalk along S. Locust Grove Road that connects to the 10 foot pathway proposed on the northeast of S. Locust Grove and Victory Road. The 5-foot sidewalkproposed along S. Locust Grove Road is required to be a 10 foot wide pathway connection to the newly proposed pathway to be built by ACHD. In addition, the Applicant is proposing 5-foot sidewalks adjacent to the internal private streets with connections to the path along S. Locust Grove and Victory Roads. These connections create a continuous walking path through the development creating easy pedestrian and bicycle access within and outside of the proposed development. Despite the Ten Mile Creek qualifying as open space per the UDC, it is the majority of the proposed open space and is not an active open space area. The Applicant has not been able to enter into a license agreement with the irrigation district to beauty the creek but the code notes that this is one of the waterways encouraged to be left natural. There are other small pockets of open space within this development that the Applicant can accommodate active uses and the Applicant has chosen to place them throughout the project to encourage use by all future residents; three of these areas are large enough to be qualified open space(meets the 50'x 100' requirement). Despite the inclusion of a large area of qualified open space in terms of the percentage of the site, Stafffinds the proposed open space is in alignment with this policy. "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). Due to the triangle shape of this parcel and its location being constrained directly by the Ten Mile Creek and two arterial streets, strict compliance with this policy is not feasible. There are no streets (public or private)stubbed to this property and this parcel also cannot stub to any other parcel due to these constraints. The Applicant is only proposing one access for the development and is locating it as far away from the intersection as physically possible. Despite not being able to comply with this policy, Staff acknowledges that only one access to an arterial is proposed. The access to Victory Rd. is for emergency access only. "Require all new residential neighborhoods to provide complete streets,consistent with the Transportation and Land Use Integration Plan."(2.02.01Q. The Applicant is not proposing to construct complete streets with this development and therefore does not comply with this policy. Instead, the Applicant is proposing to construct private streets at their minimum standard width of 24 feet with a 5-foot attached sidewalk on both sides of the street along the main access road, shown as Compass Lane on the submitted plans. Both ACHD and the Applicant believe private streets are the preferred street type in this development because there is no opportunity for road connectivity to adjacent parcels due to the site constraints outlined above. The Applicant is not required to construct private streets and public streets would be accepted by the highway district if proposed as compliant with their standards. However,public streets require more right-of-way than private streets and if this were to be constructed with public roads instead, a redesign of the project would be required and would likely result in a large reduction in building lots and usable land. "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided."(3.03.03). The proposed development and use adhere to the vision established by the underlying future land use designation in that it should offer an additional housing option for the immediate area. Single-family detached homes are permitted in the R-8 zoning district. In addition, all infrastructure extensions will be paid for by the Applicant and not the taxpayers. "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00). The proposed site design provides maximum use of the land with the proposed residential dwelling types and should be compatible with the adjacent subject sites. Staff finds this development to be generally consistent with Comprehensive Plan policies and objectives. VI. STAFF ANALYSIS NOTE: On May 4,2023,the Planning and Zoning Commission continued this project to allow the Applicant the opportunity to address the recommended conditions of approval proposed by Staff. Staff s analysis,exhibits,and conditions of approval have been updated to reflect the changes to the plans as required by the Commission and Staff. A. ANNEXATION(AZ) The applicant proposes to annex 7.69 acres of land with an R-8 zoning district. A legal description and exhibit map for the annexation area is included in Section VIII.A. The property is contiguous to City annexed land and is within the City's Area of City Impact boundary. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with 21 single-family residential detached dwelling units at a gross density of 2.96 units per acre(see Sections VIII.B,E). The proposed use and density of the development are consistent with the MDR FLUM designation. 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. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. B. PRELIMINARY PLAT(PP): NOT-E: Staff r-eaehed out to the Applieant last week to diseuss r-eeommended r-evisions to the plat and elevations prior-to the Commission hearing. To date, Staff has not r-eeeived a response baek from the applieant.-Based on the analysis below sever-a!of StafVs Commission wants to review the ehanges before maldng a r-eeommendation to City Counew, Staff r-eeommends the Commission eontinue the appliention. The proposed preliminary plat consists of 21 building lots and 6 common lots on 7.08 acres of land in the proposed R-8 zoning district. Proposed lots range in size from 5,000 to 7,529 square feet(s.£) (or 0.11 to 0.17 acres). The proposed gross density of the subdivision is 2.96 units per acre. The subdivision is proposed to develop in one phase as shown in Section VIII.B. Existing Structures/Site Improvements: An existing home and outbuilding on the subject property are proposed to be removed with the development of this property. Prior to the City Engineer's signature on the final plat, all existing structures are required to be removed. Dimensional Standards(UDC 11-2): The proposed plat 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 plat appears to comply with the dimensional standards of the district. Private Streets/Access: Access for this development is proposed via a gated private street connection to S. Locust Grove in the southeast corner of the site aligning with E. Coastline St. on the east side of Locust Grove(the access into Tradewinds Subdivision). All private streets appear to meet UDC dimensional standards for width,number of units,and turnarounds. However,the private street standards prohibit connections to arterial roadways unless approved through alternative compliance.Per UDC 11-3F-4.A.B.3, upon recommendation of the City Engineer and Fire Marshal, the Director may approve, or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this Article and shall not be detrimental to the public health, safety, and welfare. Alternative Compliance(ALT) to the private street standards is requested due to the triangular shape bordered on two sides by arterial streets and on one side by the Ten Mile Creek. There is no opportunity for connectivity to any adjacent site lot and so ACHD prefers private streets within the development. Consequently, because private streets take less right-of-way than public streets and most notably because of the constraints just noted the Applicant agrees with this assessment and has proposed private streets throughout the development. Based on the analysis, the Director is supportive of the request for ALT for the proposed private streets within this development taking access from an arterial street. City code requires that private streets are to be used in either a mew or gated development and so the Applicant has proposed to construct a gated entry into the development. The proposed gate looks to meet the setback standard of 50-feet back from the ultimate edge of right-of- way per UDC 11-3F-4. ; , a turnaround should be depieted on the plat prior-to proposed gate to allow spnee for-vehieles to turn around without ha-Ang to baek out on to Loeust Grove Road. The access point into the development does not meet ACHD district policy but they are modifying their policy to accommodate access into the development because it aligns with the access across Locust Grove Road. The Applicant is proposing to construct private streets that are 24'wide with S'attached sidewalk along the perimeter lots within the development. The applicant is also providing a pedestrian connection to the 10 foot multi-use pathway along Locust Grove and connects with a bus stop location. Staff supports the proposed sidewalk layout to ensure adequate pedestrian access in the development except Staff believes an additional pedestrian connection to Locust Grove is necessary from near the center of development. At the north end of the main street within the development(labeled as Compass Lane on the plat) the Applicant is proposing an emergency-only access to Victory Road. This access is required if more than 30 homes are to be constructed. Staff is not aware of the kind of emergency access proposed but Meridian Fire prefers bollard-type accesses for added efficiency in emergency situations;Meridian Fire has approved the requested preliminary plat for fire access, turnarounds, and road widths. Additionally,the private street appears to ener-oaeh or-prevent the Applieant&om installing the 25 foot landseape buffer- along Loeust Grove Road whieh will require the Applieant to r-ealign the private street outside of this area; this eould result in the loss of a buildable lot and a deer-ease in the proposed open spaee. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. The proposed street sections(24 feet wide with attached sidewalk) of the private streets within the development,shown on the submitted preliminary plat, CANNOT accommodate parking on either side of the street. The entirety of the private streets will be required to be labeled as `No Parking,"per the Meridian Fire recommendations. Each unit will be required to meet the off- street parking standards and Staff encourages the developer of this site to include provisions within their HOA bylaws that prohibit garages from being used as storage. This would help alleviate some of the parking issues seen throughout the City and especially in areas where no on-street parking is allowed. The Applicant is also showing guest parking along the Compass Lane totaling 13 additional parking spaces. Lot 6,Block 3 is proposing 6 guest spaces,Lot 2,Block 2 is proposing 7 guest spaces, both are within a common lot, however staff is not qualifying these areas as open space. Sidewalks(11-3A-17): Five-foot attached sidewalks are proposed along both sides of the main entrance and on one side of all internal private streets. Sidewalks are not required when constructing Private Streets. There is no existing sidewalk along Victory Road or Locust Grove; only a portion of a-510-foot sidewalk along the southeast of S. Locust Grove Road is proposed with this project because both arterial streets are currently under construction to be widened as part of the roundabout project at this intersection by ACHD,as stated above. Detached sidewalks are required along arterial roadways per UDC 11-3A-17. The Applicant has already agreed to dedicate additional right of way to ACHD for the roundabout and future widening of Victory and Locust Grove. ACHD is requiring the Applicant to road trust for the sidewalk improvements as the roundabout and associated improvements will likely be constructed prior to construction of this site. In addition, this will ensure any improvements made by the Applicant will not have to be removed to make the planned roundabout improvements. The submitted plat does depict the intersection improvements currently under construction. vweivr, 4The applicant is proposing to construct a 310 foot wide detached sidewalk along a portion of Locust Grove Road consistent with the improvements ACHD is constructing. Staff reeommends the appikant eenstruef a 10 feet W&sidejmM along their endm perWen qfLast Grove Roa Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to E. Victory and S. Locust Grove Roads,both are designated as arterial streets. This buffer should be landscaped per the standards listed in UDC 11-3B-7C and placed into a common lot that is at least 25 feet wide. In most cases this common lot should also contain the detached sidewalk required along all arterial roadways but in this case a portion of the sidewalk abutting this site will be built with the ACHD roundabout project.The Applicant is constructing the remaining portion of the sidewalk on the southeast property boundary adjacent to S. Locust Grove. The landscape plan depicts a -510-foot wide sidewalk connecting to the 10-foot wide sidewalk to be constructed by ACHD. sidejm1k eonneedon along S-. Laeiist Grove Road-, the added WdM to ep siddewalk, ioaks to dintinish the 25 foot landseape buffen SMff suggests that theAppUeant demeh the 10 foot layout to meet the landseape&�requMement 15 days p4or to the City Couneil Mearing. The submitted landscape plan and preliminary plat depict a landscaper buffer,the correct number of trees appear to be shown on the submitted landscape plans (see Section VIII.Q. All required landscape buffers along streets shall be designed and planted with a variety of trees, shrubs, lawn, or other vegetative ground cover. Plant materials in conjunction with site design shall elicit design principles including rhythm, repetition, balance, and focal elements. remise The landscape plans appears to meet the standards in UDC 11-3B-7(Landscape buffers along streets). Seefigums Mom A T-r-ee Mitigation Plan should be submitted with the final plat detailing all existing trees and methods of mitigation outlined by the City Ar-bor-ist before any trees are to be rem as set for-th in UDC 1-3B 0 5. Common Open Space& Site Amenities(UDC 11-3G-3): A minimum of 15% (or 1.06 acres based on 7.08 acres) qualified open space is required to be provided in this development per the standards listed in UDC 11-3G-3. An open space exhibit was submitted that depicts 2.22 acres of common open space for the development with 1.06 acres of this area as qualified open space (see Section V111D). The minimum amount of qualified open space required is 1.06 acres, approximately 46,174 square feet. There are four(4) main open space areas proposed within Compass Pointe, the centralized common open space includes a sitting area and pickleball court; a pocket park near the entrance will have a gazebo with a picnic area,plaza, and sitting area; dog park with sitting area and wrought iron fencing; and linear open space along the northern boundary next to the Ten Mile Creek. The open space for this development is vastly made up of the Ten Mile Creek easement(2.12 acres) and the arterial street buffers (22,315 square feet of qualifying area).All of this area is qualifying but the Ten Mile Creek will be left natural(no improvements) and will be a buffer and more of a visual amenity rather than usable open space for the development. Due to the peculiar shape of this site,Staff finds the proposed open space meets the UDC code requirements;however,Staff recommends the Applicant submit a revised open space exhibit due to the modifications noted above—vehicle turnaround, and realigning the road to accommodate the 25 foot landscape buffer requirement. 15 days pfier to the City Coune Hearing Based on the area of the proposed plat, 7.08 acres,a minimum of one(1)qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. The applicant has proposed three (3)qualifying amenities in multiple locations: gazebos, a picnic area, seating around small plazas,pickleball court with a seating area, and dog park. The proposed amenities exceed the minimum UDC requirements and Staff finds them to be applicable for a community of this kind due to the variety of activity levels they can accommodate. Waterways: The Ten Mile Creek runs along the western boundary of the site. The irrigation easement is depicted on the plat and no encroachments are allowed within the easement area. The landscape plan depicts a landscape buffer that looks to be at 5-feet in width adjacent to the irrigation easement line on the landscape plan meeting the UDC standards. TheApplie Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. The existing home proposed to remain on Lot 1,Block 2 is required to connect to City water and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Fencing(UDC 11-3A-6. I1-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. According to the submitted landscape plans, the Applicant is proposing three (3)types of fencing throughout the site, 6-foot vinyl solid fencing, 6-foot wrought iron fencing, and 4-foot wrought iron fencing. Fencing is shown on the landscape plan along the subdivision boundary, adjacent to the Ten Mile Creek, around the central open space lot along the northern portion of the site, and around the dog park. Fencing shown next to any open space shall be open-vision or semi private fencing per UDC requirements. The landscape plan appears to be in compliance with this requirement. Pressurized Irrigation System (UDC 11-3A-I5): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Building Elevations: One(-�)Two 2 conceptual building elevations was-were submitted that demonstrate what future homes in this development will look like (see Section VIII.F);a two- story homes that includes a variation of materials with a two-car garage are proposed. The submitted elevations depict a number of different architectural and design styles with field materials of lap siding,shake, differing color accents, roof profiles, and distinct window styles. Staff recommends that the Applicant add additional stone or brick accents to the front of the homes to provide more of a variation in materials. story and single story hem . Staff is recommending a condition of approval that the Applicant vary the build-to-lines along the northern boundary within the development to eliminate any monotonous wall plane;this should occur with every third structure showing a different wall plane. The Applicant shag be requ to submitted revised/additional elevations and an as shown on Exhibit E that demonstrates Mg varying build-to-lines and elevations along the northern boundary. that eeemp with eveiy third struetum within 15 da�wprior to the City Gen VII. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement, and preliminary plat per the provisions in Section X in accord with the Findings in Section XI. The Director approved the alternative compliance and private street applications for this development. B. The Meridian Planning&Zoning Commission heard these items on June 1,2023.At the public hearing,the Commission moved to recommend approval of the subject Annexation&Zoning, Preliminary Plat,Private Streets and Alternative Compliance requests. 1. Summary of Commission public hearing_ a. In favor: Steve Arnold,A Team Land Consultants b. In opposition:None C. Commenting: Steve Arnold,A Team Land Consultants d. Written testimony: None e. Staff presenting application: Stacy Hersh,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. None 3. Key issues)of discussion by Commission. a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on June 27,2023. At the public hearing, the Council moved to approve the subject Annexation.Zoning,Preliminary Plat,ALT,and Private Street reauests. 1. Summary of the City Council public hearing: a. In favor: Steve Arnold A Team Land Consultants b. In opposition:None c. Commenting: Steve Arnold.A Team Land Consultants d. Written testimony: None C. Staff presenting application: Stacy Hersh.Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Concerns with overflow parking and delivery trucks 4. City Council change(s)to Commission recommendation. a. None VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map 625.91 n89°42'20"e Qa 3 Title: Date:05-19-2020 Scale: 1 inch=200 feet File:COMPASS POINTE SUB REZONE ANNEXATION.des Tract 1: 7.690 Acres: 334998 Sq Feet:Closure=s72.0359w 0.00 Feet: Precision>11999999: Perimeter=2931 Feet 001=00.1411w 1070.48 003—n89.4220e 625.91 002=n30.1247w 1235.02 EXHIBIT MAP OF COMPASS POINTE SUBDIVISION RE—ZONE & ANNEXATION A PORTION OF THE NE 1/4 OF THE NE 1/4 OF SECTION 30, T. 3 N., R 1 E., S.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2020 E VICTORY RD N 89'42'20" E 625.91' PLS 8444 NE COR, SEC. 30 FOUND 1/2 REBAR FOUND BRASS CAP 28.95' WC I \ I 00 � p r` O �Q 7.69 ACRES± I O � pia• \ � 3 � 0 0 o 20, \ I yr v7 N. I FOUND 5/8 REBAR ILLEGIBLE 1"=200' �t DAVID EVANS Q ANoASSOCIATES INC. a 1 4 6 K O 9179 W Black Eagle Dr OP � Boise Idaho 7 Phone: 208-585-5858 s� F F►oP qNP,SU1L�`1P B. Preliminary Plat(dated: 2/''%3 5/19/2023) (NOT APPROVED) gg i r p a .121 F a 1��1"Hi°iNN 11 :1 9i �� t g ,4 44e F Quay � igag�@p Ff3� s �� ■ � $iy? - oY �xx■..s' Says n e•a 3� �SaE�B�e�i�g��$ � �Pk a#�i�i�r�0��0 w� � i iyy � p' egg @ � i�@ � �i i I k I I I � I ��3�jge$g f B S S a•.�!I��3 p d�d�`�`� Igo -ssasSM HASS HH Eil� i I I 4 I I III +l••x'��mx®or 1g ...._,..:� EUCTORY R❑ �;� r--it—l7F I \rqr ,S by I ' "I I Al 1 , f L__J L_. �ix e A T I F• {_ ' � irr Ir II rr�l ril " 4' :tip i. No k t jai �' �l\k �� �•�r�r\ �,' s �2r it r � F �• { � f i v e S� � H 10 ��� if YGaLNsy�d�glg�� t� e= EZ p'Bysp F= gg ' ' i11 C. Landscape Plan(dated: 3/^'�23 5/22/23) (NOT APPROVED) MUM _ ly I I COMPASS POINTS _— nvew wracrre rl.w om PLANT PALLETT-$4RU08 LANDSCAPE N07E8' g r G i 190nrTRIG VIEW .... LANoscaPE caLcuLgn0N9; ..r«,.>., .....,..�,,. PLANT PALLETT-TREES VINYL PRIVACY FlNCJNO +�•,`•. tir iuM, — erdL.iM i✓ 0 r r rnriuueano u DEVELOPnENT DATA+ SITE LEGEND'___ PL6., !R CLLT DED pGE A'RCN FlNCE """`� y.-u •-,•®•-,•'• ,,,� it ..w,. ,�•�-�. COMPASS POINTE SUBDIVISION rua a.•mwexe.e- I a�I w.uu.eena.imm _ Tewruur 6ryneaN FpJCEFUN.IrwIarAlclr� "'"'®" auRln��nNrrN���•m.� �..r.. •T^E.---�M•-- D. Open Space Exhibit(dated: 2/25/2023) (NOT APPROVED) l I I 4 I � I I 7 � I l E. Conceptual Building Elevations 0 m� a> man ZmZ OV4 m � mmw O n~i U 3 g. 's A-201 ° Y IN 044 .. a �. .. 1 �'' ► ,� Ea Ivry ;�R��'�� .��- ":; 1 o �s IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions 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 approved Preliminary Plat,Landscape Plan,common open space/site amenity exhibit and conceptual building elevations for the development included in Section VIII and the provisions contained herein. b. The entire frontage improvements along E. Victory Road and S. Locust Grove Road shall be completed with the first phase of development, except for a portion of the required sidewalks,per the conditions of approval by ACHD. c. A final plat application shall not be submitted until the intersection improvements are substantially complete. 2. , The preliminary plat included in Section VIII.B, dated 3/7/2023, shall be revised as follows: a. Revise the plat to depiet a vehiele t+imar-otmd prior-to the proposed epAi=y g4e to allow b. Revise the pla4 to show vafying Wild te lines aleng the aet4hem betmdafy within the develepm&4 to eliminate any monotonous wall plane;this sha4l eeeur-with evei=y third— c. Revise the plat to show the additien ef a Sid-walk eenneetien te E.Vietefy Read from Compass L d. Revise the..W t -epl ee the proposed c feet wide sidewalk with 10 feet wide sidewa4k along S. Leetist Grove Read eenneeting te the 10 feet wide sidewalk to be rs,,-aetoa by n G14D e. Revise the pW to show six(6) eemmen lots instead of-7-. 3. i , The landscape plan included in Section VIII.C,dated 3/1/2023 shall be revised as follows: a. b. Depiet the width ef the 25 feet wide!a-adseape buffer-s along S. Leetist Grove Read a-a E. Vieiar-y Read as well as the bugar-width adj.ee fft t the Tor ratio r-eek c. Revise!he landseape pla+i ie show the addition of a sidewalk ewmeetieft to E.Vietef�', Read ffem Compass T=Pjae. d. Revise the!a-adseape plan te feplaee the pfopesed 5 feet wide sidewalk with a 10 fee wide sidewalk alefig S. Loeust Gre'Ve Read eenneeting to the 10 feet ,,vide sidewalk to be e. . f. 1fielude mitigation ealeula4iefis on the plan far-existing tfees dia4 are pf:epesed to - -, removed in aecer-d with the listed in UPC 1l 3B-40c-S. eAppli hall ,,.;t:,.., io t r .,1 f existing tees f t o site g• 4. The Applicant shall vary the build-to-lines along the northern boundary within the development to eliminate any monotonous wall plane;this should occur with every third structure showing a different wall plane as shown on Exhibit E. 5. The proposed plat and subsequent development are required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 6. The Director has approved the Alternative Compliance Requests to the private street requirements in UDC 11-3F-4A.2. 7. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 8. The Applicant shall comply with all ACHD conditions of approval. 9. Prior to the City Engineer's signature on the final plat,all existing structures shall be removed. 9. , provide an Exhibit defflafistfa4ing how futffe homes alen the pr-epesed"Compass Lane"will provide va-r-iatiea in building sethaeks te eeat6bt4e to .tt,active sti feets,ape(this shall aeour-w4h evefy tl.;.,l st,. et,,,.o) 10. Submit revised elevations that inelude a mix of siefte andler-br-iek and provide additional 11. The Ten Mile Creek that resides along the western boundary of the subject site shall be protected during construction. 12. The Applicant shall comply with and maintain all applicable standards for the proposed Private Streets as outlined in UDC 11-3F. 13. "No Parking" signs shall be erected on both sides of the private streets throughout the development; coordinate with Joe Bongiorno of the Fire Department if you have any questions regarding this condition. 14. All fencing is required to comply with the standards listed in UDC 11-3A-7. 15. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5,UDC 11-3B-13 and UDC 11-3B-14. 16. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer's signature on a final plat within two years of the date of the approved findings; or 20 obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Connect the Compass Lane water main north to the water main in Victory Road. 1.2 At the end of Navigation Road,provide a meter pit for a 1"service and a 4"sleeve to the northeast at the proposed edge of the future roundabout. This will be used for a future water service to the roundabout for landscaping. 1.3 Horizontal separation between water and sewer mains must be a minimum of 10 feet. 1.4 Water main must be a minimum of 4 feet from all curb/gutter. 1.5 Call out the removal of all water blow-offs. 1.6 Water and Sewer mains in parallel require a 30 feet easement. Water and sewer need 10 feet separation and should be evenly spaced from the edge of the easement. Water mains by themselves need a 20 feet easement with the water main centered in the easement. 1.7 Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches, light poles, etc.)are built within the utility easements. 1.8 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A streetlight future installation agreement will be required for the streetlights on Locust Grove and Victory. Locust Grove and Victory are scheduled to be improved by ACHD and streetlights will be installed during the improvements. Contact the Transportation and Utility Coordinator for additional information. 1.9 The geotechnical investigative report prepared by SITE Consulting, LLC dated April 6,2020, indicates some specific construction considerations and recommendations. The applicant shall be responsible for the strict adherence of these considerations and recommendations to help ensure that homes are constructed upon suitable bearing soils, and that groundwater does not become a problem with home construction. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. hi performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B.Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT(MFD) https:llweblink.meridianciU.org/WeUink/DocView.aspx?id=293278&dbid=0&repo=MeridianC D. POLICE DEPARTMENT(MPD) No comments received. E. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE No comments received. F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianciV.oL-glWebLinkIDocView.aspx?id=293549&dbid=0&repo=MeridianC ky G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) No comments received. H. ADA COUNTY DEVELOPMENT https://weblink.meridiancity.org/WebLink/DocView.aspx?id=294149&dbid=0&repo=MeridianC ity I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=297975&dbid=0&repo=MeridianC i &cr=1 J. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.oL-glWebLinkIDocView.aspx?id=294154&dbid=0&repo=MeridianC i &cr=1 K. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=294810&dbid=0&repo=MeridianC ky 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; Commission finds the proposed zoning map amendment to R-8 and proposed residential uses are consistent with the Comprehensive Plan, if all provisions of the Development Agreement and conditions of approval are complied with. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Commission finds the proposed zoning map amendment will allow for the development of single-family detached homes which will contribute to the range of housing opportunities available within the City and especially in the area immediate to this site, consistent with the Comprehensive Plan, and the purpose statement of the residential district. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Commission finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Commission finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Commission finds the proposed annexation is in the best interest of the City per the Analysis in Section VI. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Commission finds that the proposed plat, with Staffs recommendations, is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan analysis and other analysis in Section V and Section VI of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds that public services will be provided to the subject property with development. (See Section IX of the Staff Reportfor more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Fire, DEQ, Ada County Development, etc). (See Section IXfor more information.) 5. The development will not be detrimental to the public health, safety or general welfare; and, Commission is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis and approves of the project with specific conditions of approval relating to the scheduled road improvements adjacent to the subject site. 6. The development preserves significant natural,scenic or historic features. The Applicant is preserving the Ten Mile Creek that resides on the subject property; therefore, Commission finds the Applicant meets this finding. C. Private Street Findings: In order to approve the application,the Director shall find the following: 1. The design of the private street meets the requirements of this Article; The design of the proposed private streets complies with the standards listed in UDC 11-3F- 4; except for the required turnaround prior to the entry gate. See analysis in Section VI for more information. 2. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons,property,or uses in the vicinity; and Commission does not anticipate the proposed private streets would cause any hazard, nuisance or other detriment to persons,property or uses in the vicinity if they are designed as proposed and constructed in accord with the standards listed in UDC 11-3F-4B. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan despite needing Alternative Compliance for its connection directly to an arterial street. With the constraints detailed and analyzed for this development, Staff finds that local street access has been provided via a private street. 4. The proposed residential development(if applicable)is a mew or gated development. The Applicant is proposing to construct the residential development as a gated community and so, Commission finds this development in compliance with this finding. D. Alternative Compliance: In order to grant approval for alternative compliance to allow Private Streets directly off an arterial,the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR Access to this development is provided by a private street and the UDC restricts access to both Victory Road and Locust Grove Road, arterial streets. There are no available local street connections to the subject property due to it being a triangle shape bordered on two sides by arterial streets and the other by the Ten Mile Creek. Because the property is not served by public local street streets and any public street would not be able to be extended to any adjacent property, the Director finds strict adherence to the UDC is not feasible and approves the request for the private streets to directly connect to S. Locust Grove Road, an arterial street. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the development proposed by the applicant as a whole provides an equal or superior means for meeting the requirements in that it contributes to the unique character of the area and provides diversity in housing types available within the City. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means will not be detrimental to the public welfare or impair the intended use%haracter of the surrounding properties and will contribute to the character and variety of housing types in this area of the City. V IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement (1-84 + Meridian Road H-2023-0099) Between City of Meridian and GRH Meridian 1-84, LLC for Property Generally Located at the Northwest Corner of S. Meridian Rd. and 1-84 on the South Side of W. Waltman Ln. ADA COUNTY RECORDER Trent Tripple 2024-006166 BOISE IDAHO Pgs=53 CHE FOWLER 02/07/2024 08:23 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. GRH Meridian I-84, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 6th day of February , 20 24 , 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 GRH Meridian 1-84,LLC,LLC,whose address is 855 W. Broad Street, Boise, Idaho 83702, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A," which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-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 an amendment to the Comprehensive Plan Future Land Use Map (FLUM) to change the future land use designation on 70.4 acres of land from Mixed-Use Community (MU-C) to Commercial (34.3 acres) and Medium High Density Residential (MHDR) (approximately 36.1 acres); and annexation and zoning of 18.30 acres of land with a request for the C-G (General Retail and Service Commercial)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 rezoning held before Planning and Zoning Commission and the City Council includes responses of DEVELOPMENT AGREEMENT—I-84+MERIDIAN ROAD(H-2021-0099) PAGE I OF 9 government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and 1.7 WHEREAS, on the 5th day of December, 2023, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to GRH Meridian I-84, LLC, whose address is 855 W. Broad Street, Boise, Idaho 83702, hereinafter called OWNER/DEVELOPER, the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel DEVELOPMENT AGREEMENT-I-84+MERIDIAN ROAD(H-2021-0099) PAGE 2 OF 9 to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 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 conceptual development plan, renderings, pedestrian circulation plan and vehicular connectivity plan 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.Flexibility in the general configuration and size of the building footprints and orientation, plaza areas, and parking on the site shall be allowed with an allowance for up to 20% change in square footages of buildings. b. As proposed by the Developer, a minimum of 10% of the total building square footage for the site shall be reserved for non-retail commercial uses that may include such uses as office, clean industry, entertainment,hospitality/hotel, fitness and/or recreation, personal services, non-drive-through restaurants, health care, daycare, finance and/or banking, and educational and/or training uses. c. A vehicular cross-access/ingress-egress easement shall be provided to the outparcel(Parcel#S 1213417320)at the northwest corner of the site and a recorded copy of the easement submitted to the Planning Division with the first Certificate of Zoning Compliance application for the site. The easement shall grant consent to the owner/developer of the outparcel to construct the driveway on the subject property at the time of development. d. A detached 10-foot-wide multiuse pathway shall be provided within the street buffer along Waltman Ln.; and a 10-foot-wide multiuse pathway shall be provided east/west through the site in accord with the Pathways Master Plan with connections to the pathways along Waltman Ln. and Meridian rd. and internal pedestrian walkways. Coordinate the location of the pathway through the site with the Parks Department. A 14-foot-wide public pedestrian easement shall be required for the multiuse pathways if located outside the public right-of-way; a recorded copy of such shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. DEVELOPMENT AGREEMENT-I-84+MERIDIAN ROAD(H-2021-0099) PAGE 3 OF 9 e. Internal pedestrian walkways shall be a minimum of 5 feet wide and shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks, as set forth in UDC 11-3A-19. f. A bus stop should be provided in the plaza area near Shop 1 or an alternate location acceptable to Valley Regional Transit (VRT). g. At no time shall construction traffic associated with the development of this site be allowed to access this site using Ruddy Dr. through The Landing and Tanner Creek subdivisions. h. If the improvements to Waltman Ln. and Corporate Dr. aren't completed by the developer of the project (Tanner Creek) to the west as planned, these improvements shall be completed by this developer through a Cooperative Development Agreement (CDA)with ACHD, as follows: • Extend Corporate Dr. offsite from its current terminus north of Ten Mile Creek to Waltman Ln. and construct a new bridge over the Ten Mile Creek, within existing right-of-way as required by ACHD. These improvements shall occur with the first phase of development and shall be complete prior to issuance of any Certificate of Occupancy for the site. • Construct Waltman Ln. as half of a 36-foot-wide street section with curb, gutter, an 8-foot-wide planter strip/parkway and a 10-foot-wide detached sidewalk within 29 feet of right-of-way from centerline with 7 feet of the sidewalk located outside of the dedicated right-of-way abutting the site. All improvements shall be constructed south of the existing edge of pavement for Waltman Ln., shifting the centerline 8 feet south to the south. The north side of Waltman Ln. shall be constructed with a minimum of 12 feet of pavement from centerline, a 3-foot-wide gravel shoulder and a borrow ditch to accommodate the roadway storm runoff. Center turn lanes shall be constructed on Waltman Ln. if determined necessary by ACHD. The improvements to Waltman Ln. shall include reconstruction of the existing bridge over the Ten Mile Creek as a full 36-foot street section with curb and 5-foot-wide attached concrete sidewalks. This will require a 54-foot-wide bridge with 2-foot parapets. These improvements shall be completed as required by ACHD and shall occur with the first phase of development and be complete prior to issuance of any Certificate of Occupancy for the site. 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 DEVELOPMENT AGREEMENT-I-84+MERIDIAN ROAD(H-2021-0099) PAGE 4 OF 9 included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 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. DEVELOPMENT AGREEMENT-I-84+MERIDIAN ROAD(H-2021-0099) PAGE 5 OF 9 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by the City Council. If for any reason after such recordation,the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 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: GRH Meridian I-84,LLC 855 W. Broad St. Boise, ID 83702 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. DEVELOPMENT AGREEMENT-I-84+MERIDIAN ROAD(H-2021-0099) PAGE 6 OF 9 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the 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. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to remove a portion of the Property ("Removed Property") from this Agreement at any time, provided that the City and the owner of the Removed Property concurrently enter into a modified development agreement governing the development and use of the Removed Property. The remaining portion of the Property,which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. 21. 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. 22. 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. 22.1 No condition governing the uses and/or conditions governing rezoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the DEVELOPMENT AGREEMENT-I-84+MERIDIAN ROAD(H-2021-0099) PAGE 7 OF 9 notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. 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-I-84+MERIDIAN ROAD(H-2021-0099) PAGE 8 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: GRH Meridian I-84, LLC BY: i2s,�ry STATE OF IDAHO ) ss: County of Ada ) On this 2 day of Wu , 20 2`t ,before me,the undersigned, a Notary Public in and for said State,personally appeared bran ff-y,,V-tK-t ,known or identified to me to be the bNl Y\ky of GRH Meridian I-84,LLC and the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. oit$ III E I•,,•••• A (SEAL) ri)) 1SOTAR y:;�N'� No ary Public My Commission Expires: 01 1T-202(b Z�pUB LlG b`O= CITY OF MERIDIAN ••••., OF�,. ATTEST: By: Mayor Robert E. Simison 2-6-2024 Chris Johnson, City Clerk 2-6-2024 STATE OF IDAHO ) ss County of Ada ) On this 6th day of February , 20 24 ,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. i (SEAL) Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT—I-84+MERIDIAN ROAD(H-2021-0099) PAGE 9 OF 9 EXHIBIT A lam E N G I N E E R I N G December 8,2023 Project No.:20-176 1-84/Meridian Road Development Agreement Legal Description Exhibit A A parcel of land being a portion of the Northeast 1/4 of the Southeast 1/4 of Section 13,Township 3 North, Range 1 West, B.M., City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at a brass cap marking the East 1/4 corner of said Section 13, which bears 589'26'10"E a distance of 2,642.64 feet from a 5/8-inch rebar marking the Center 1/4 corner of said Section 13, thence following the northerly line of said Northeast 1/4 of the Southeast 1/4, N89'26'10"W a distance of 1,196.68 feet; Thence leaving said northerly line, S00°51'50"W a distance of 25.00 feet to a 5/8-inch rebar on the southerly right-of-way of West Waltman Lane and being the POINT OF BEGINNING. Thence following said southerly right-of-way the following five (5) courses: 1. S89°26'10"E a distance of 479.78 feet to a 5/8-inch rebar; 2. S00°51'50"W a distance of 20.00 feet; 3. S89°26'10"E a distance of 371.73 feet to a 5/8-inch rebar; 4. N82°46'30"E a distance of 147.54 feet to a 5/8-inch rebar; 5. S89°26'10"E a distance of 141.03 feet to the westerly right-of-way of South Meridian Road; Thence leaving said southerly right-of-way and following said westerly right-of-way the following six (6) courses: 1. S01°01'27"W a distance of 83.00 feet; 2. 179.68 feet along the arc of a curve to the left, said curve having a radius of 1,245.92 feet, a delta angle of 08'15'46", a chord bearing of 511'24'20"W and a chord distance of 179.52 feet to a 5/8-inch rebar; 3. SO4°38'26"W a distance of 136.12 feet to a 5/8-inch rebar; 4. S89°08'08"E a distance of 17.92 feet; 5. S06°53'13"W a distance of 244.01 feet to a PK nail; 6. S08°26'58"W a distance of 374.88 feet to an aluminum cap on the northerly right-of-way of Interstate 84; Thence leaving said westerly right-of-way and following said northerly right-of-way the following six (6) courses: 1. S70°43'09"W a distance of 34.02 feet; 2. S67°01'27"W a distance of 214.27 feet to an aluminum cap; 3. S79°29'13"W a distance of 465.73 feet to an aluminum cap; 4. S84°30'07"W a distance of 231.30 feet to an aluminum cap; 5. N00°25'56"E a distance of 184.21 feet; 6. N89°34'04"W a distance of 246.40 feet to an aluminum cap; Thence leaving said northerly right-of-way, N00'43'22"E a distance of 396.63 feet to a 5/8-inch rebar; Thence N00°47'14"E a distance of 270.15 feet; Thence S89°26'10"E a distance of 124.11 feet; Thence N00°51'50"E a distance of 369.65 feet to the POINT OF BEGINNING. 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmenglip.com Said parcel contains a total of 29.89 acres, more or less, and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. �NpL LAND �ENSFOSG�G 0 662 s� �o �9TF of �oP� F� K E���` PAGE 2 CENTER 1/4 CORNER SECTION 13 POINT OF COMMENCEMENT FOUND 5/8-INCH REBAR EAST 1/4 CORNER SECTION 13 W. Waltman Ln. FOUND BRASS CAP 1 BASIS OF BEARING ---------------------S89'26'10"E 2642.64'-------------------------------- 1445.96' A N89'26'10"W 1196.68' _ R/W /W — — — L 1 S00'51'50"W S89'26'10"E 479.78' LJ 25.00' (TIE) w J (D POINT OF S89'26'10"E LINE TABLE 2 0o in BEGINNING 371.73' n r _ LINE BEARING DISTANCE Z) b c0 U o � 1 Z Total Area: 29.89±AC. L1 S00'51'50"W 20.00 51213417006, 51213417045, 51213417261 1 L2 N82'46'30"E 147.54 51213417281, 51213417300, 51213417310 J 51213417480, 51213417521, 51213417550 L3 S89'26'10"E 141.03 S89'26'10"E 51213417600, 51213417630, 51213417650 L4 S01'01'27"W 83.00 124.11' 51213417680, S1213417699 & S1213417707 L6 L5 SO4'38'2611W 136.12 N00'47'14"E S06'53'13"W L6 S89-08'08"E 17.92 270.15 244.01' (011 I K CURVE TABLE a LO 3 r CURVE RADIUS LENGTH DELTA CHORD BRG CHORD CI - F'j00 00 Unplatted C1 1245.92' 179.68' 8'15'46" S11'24'20"W 179.52' N o O CT) 0S X ZCD S70'43'09"W u 34.02' N 89'34'04"W O 0 246.40' N00'25'56"E 3 184.21' 46573 S67'01'27"W S79-29 13"`N 214.27' nd Interstate g,4 S84'30'07"W W'80 PO Ramp) ffi 231.30' ID 0 250 S00 7S0 Plan Scale: 1" = 250' z Nay LAND LEGEND w �\CENSF�SG�` BRASS CAP a o ® ALUMINUM CAP w a. 6662 5/8-INCH REBAR 9 s� o CALCULATED POINT OF \OP�� — BOUNDARY LINE << Y E R SECTION LINE ENGINEERING R/W EXISTING RIGHT-OF-WAY LINE m 5725 NORTH DISCOVERY WAY " W BOISE,IDAHO 83713 Y ' PHONE(208)639-6939 I Exhibit B kmengllp.com Development Agreement ,D, DATE: December 2023 a PROECT: 20-176 SHEET: 1-84/ Meridian Road 0 1 OF 1 A P Qtion oft Ie K 1 ,4 o f I-e g 1/4 of act irn 13,T3 N R IN, B M Ada C cunty, Ida b a �� 479.78 41.0.1 s89°26'10"e 1371.73 147.54�„� sA926'10„� s89°26'10"e "ar M o M o 0 124.11 � sH9"26'10"c 9 U o 0 N O M ct O o N O V) d 3 N 41 00 M �O 00i o o l: M O M O C I n89°34'04"w 1L 246.40 00�21 21�Z'I N � 00 o s79029'13w O C, 465.73 s84°30'0711W 231.30 Title: Development Agreement 20-176 Date: 12-08-2023 Scale: 1 inch= 220 feet I File: Deed Plotter.des Tract 1: 29.893 Acres: 1302132 Sq Feet:Closure=n21.1627e 0.02 Feet: Precision=1/283686: Perimeter=4732 Feet 001=s89.2610e 479.78 009=s89':0808e 17.92 0 1 7=n89.3404w 246.40 002=s00.5150w 20.00 010=s06.5313w 244.01 018=n00.4322e 396.63 003=s89.2610e 371.73 011=s08.2658w 374.88 019=n00.4714e 270.15 004=n82.4630e 147.54 012=s70.4309w 34.02 020=s89.2610e 124.11 005=s89.2610e 141.03 013=s67.0127w 214.27 021=n00.5150e 369.65 006=s01.0127w 83.00 014=s79.2913w 465.73 007:Lt,R=1245.92,Delta=08.I546 015=s84.3007w 231.30 Bng=sl1.2420w,Chd=179.52 008=s04.3826w 136.12 016=n00.2556e 184.21 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW (:�VE Nty AND DECISION&ORDER In the Matter of the Request for an Amendment to the Comprehensive Plan Future Land Use Map (FLUM)to Change the Future Land Use Designation on 70.4 Acres of Land from Mixed Use— Community(MU-C)to Commercial(34.3 Acres)and Medium High Density Residential(36.1+/- Acres); and Annexation of 18.30-Acres of Land with a C-G(General Retail and Service Commercial)Zoning District for I-84+Meridian Road,by Hawkins Companies. Case No(s). H-2021-0099 For the City Council Hearing Date of. November 21,2023(Findings on December 5, 2023) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 21, 2023, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 21, 2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 21, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 21, 2023, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR I-84+MERIDIAN ROAD H-2021-0099 - 1- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 21,2023,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for an amendment to the Future Land Use Map in the Comprehensive Plan and Annexation and Zoning is hereby approved with the requirement of a development agreement per the provisions in the Staff Report for the hearing date of November 21,2023, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a),an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted,including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code.This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d)and 67-8003,an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR I-84+MERIDIAN ROAD H-2021-0099 -2- G. Attached: Staff Report for the hearing date of November 21,2023 By action of the City Council at its regular meeting held on the 5th day of December 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 TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert . Si son 12-5-2023 Attest: a4— Chris�2'�L John46n 12- 3 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Cha&ycWM Dated: 12-5-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR I-84+MERIDIAN ROAD H-2021-0099 -3- STAFF REPORT Ell, COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: November 21, 2023 legend 0 TO: Mayor&City CouncilEnt FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2021-0099 I-84+Meridian Road—CPAM, AZ LOCATION: Generally located at the northwest corner of S. Meridian Rd. and I-84 on the south side of W. Waltman Ln.,in the southeast %4 of Section 13, T.3N.,RAW. f b Note:Since this project was remanded back to the Commission, the Applicant has changed their CPAM request from MU-R to Commercial and included the Tanner Creek project to the west in the amendment with a change from MU-C to MHDR at the recommendation of Staff.An amended conceptual developmentplan and associated exhibits have also been submitted. The staff report has been updated accordingly. I. PROJECT DESCRIPTION Amendment to the Comprehensive Plan Future Land Use Map(FLUM)to change the future land use designation on 33.1370.4-acres of land from Mixed Use—Community(MU-C)to Mixed Use Regional /TR)Commercial(34.3-acres) and Medium High Density Residential(MHDR)Q6.1+/-acres); and annexation of 18.30-acres of land with a C-G(General Retail and Service Commercial) zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 33.1370.4 acres(CPAM); 18.30 acres(AZ) Future Land Use Designation MU-C(Mixed Use—Community)(existing); (existing/proposed) Commercial(proposed on subject 34.3-acre property)&MHDR(Medium High Density Residential)(proposed on adjacent 36.1-acre Tanner Creek property) Existing Land Use Single-family residential and vacant/undeveloped land Proposed Land Use(s) Commercial Current Zoning R1 and RUT in Ada County; and C-G(General Retail and Service Commercial) Proposed Zoning C-G(General Retail and Service Commercial) Physical Features(waterways, The Ten Mile Creek runs along the west boundary of the site. hazards,flood plain,hillside) Neighborhood Meeting Date 12/9/2021 History(previous approvals) Annexation Ordinance#435 (High Country of Idaho)&02-987(Urban Renewal MDC);H-2019-0101 (Resolution#19-2179)—Future Land Use Map change B. Project Maps Note: The Future Land Use Map shown below includes the property subject to the CPAM request; the other maps only depict the AZ property. Future Land Use Map Aerial Map Legend 0 Legend 0 Project Lacaton TOvtiSI Project'Lmato� ff f'r? Tk ..?- HCIV ig 6W iu Mir id�r fia - �1L Zoning Map Planned Development Map Legend ,�a.. Legend Project L•ac z:- Project Lcoutan - -8 R-40 - R T - �_ R.4 R I R1 SJ I 1i!!1•T: AIL G- JJ I M4 ,L.. III. APPLICANT INFORMATION A. Applicant: Ethan Mansfield,Hawkins Companies—855 W. Broad Street,Boise,ID 83702 B. Owner: Hawkins Companies 855 W. Broad Street, Boise,ID 83702 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 4/5/2022; 10/17/23 5/29/2022; 11/5/2023 Radius notification mailed to property owners within 300 feet 4/4/2022; 10/13/23 5/26/2022; 11/3/2023 Public hearing notice sign posted on site 4/7/2022; 10/23/23 6/3/2022; 11/9/2023 Nextdoor posting 4/5/2022; 10/17/23 5/25/2022; 11/3/2023 V. COMPREHENSIVE PLAN ANALYSIS EXISTING FUTURE LAND USE DESIGNATION: This property and the adjacent property to the west totaling 70.4 acres of land is currently designated as Mixed Use—Community(MU-C) on the Future Land Use Map (FLUM)contained in the Comprehensive Plan (see map in Section VIII.A). The purpose of this 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 have a tendency to be larger than in Mixed Use Neighborhood(MU-N) 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 3 or 4 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. (See pgs. 3-11 through 3-16 for more information.) PROPOSED FUTURE LAND USE DESIGNATION: The proposed FLUM designation for this property is Mimed Use Regional Commercial (34.3 acres)and Medium High Density Residential(MHDR) (36.1 acres) the adjacent property to the west(see map in Section VIILA). The„ V„ese ef the AA r A designation ;y pr-evide a nik of enTleyinent-, retaik, and-residential dwelhi*gs-an,419mblie uses near niajor arte The Commercial designation will provide a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services, and office uses,as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity, and amenities. Sample zoning include: C-N, C-C, and C-G. The MHDR designation allows for a mix of dwelling jtypes including townhouses, condominiums, and apartments. Residential gross densities should range from eight to twelve dwelling units per acre. These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscapin and nd a project identity. The Applicant submitted a conceptual developmet plan for the area included in the FLUM amendment(see Section VIII.D). The subject property,proposed to be designated Commercial, is proposed to develop with a mix of regional commercial/retail and restaurant uses with some neighborhood serving uses. The adjacent property to the west,proposed to be designated MHDR, is proposed to develop with a mix of residential uses, including single-family,townhome and multi-family dwellingproposed uses are consistent with the FLUM designations proposed for the subject property and the property to the west. Note: The initial FL UM amendment request for this property was from MU-C to Mixed-Use Regional(MU- R). The Commission recommended denial to City Council based on their belief the proposed use isn't consistent with the general mixed-use development guidelines, the existing MU C or the proposed MU-R guidelines: they also felt a Traffic Impact Study(TIS) was needed. Council heard the application and remanded it back to the Commission in order to be reviewed concurrently with the Tanner Creek application in an effort to determine consistency with the Comprehensive Plan for the overall property. After review of these applications, it's Staffs opinion the proposed development plans for both projects are lard ly inconsistent with the purpose statements and development guidelines in the Comprehensive Plan for the general mixed use and specific land uses (i.e. MU-C and MU-R) for the following reasons: 1)functional and physical integration of land uses is desired—these are two separate residential and commercial developments with only a pedestrian pathway proposed for interconnectivity—no integration of uses is proposed; 2) a mixed use project should include at least three (3) types of land uses—only two (2) are proposed Li.e. residential and commercial(includes retail, restaurants, etc.17; 3) community serving facilities such as hospitals, clinics, churches, schools,parks, daycares, civic buildings, or public safety facilities are desired—none are proposed; 4)supportive and proportional public and/or quasi public spaces and places, including but not limited to parks,plazas, outdoor gathering areas, open space, libraries, and schools are expected—none are proposed; 5)mixed-use areas should be centered around spaces that are well-designed and intg rrg ated public and quasi public centers of activity that are activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play —no such public/quasi public areas are proposed: 6) a mixed use project should serve as a public transit location for future park-and-ride lots, bus stops, shuttle bus stops and/or other innovative or alternate modes of transportation—no such stops or lots are proposed; 7) community-serving uses and dwellings should be seamlessly integrated into the urban fabric for an integration of a variety of uses to avoid mainly single-use and strip commercial type buildin (MU-C —single-use developments are proposed that are not well- integrated; 8 vertically integrated structures are encouraged—none are proposed(MU-C); 9) integration of a variety of uses together, including residential as a supporting use, to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses (MU-R)—no residential uses are included in the proposed MU-R designated area, which creates a single use development with only commercial uses: and 10) retail commercial uses should comprise a maximum of 50%of the development area (MU-R)—most if not all of the proposed MU-R designated area consists o� commercial/retail uses, no residential, office, civic or other uses are proposed. For this reason, Staff recommended the Applicant change their request for a map amendment from the MU- R to the Commercial designation and include a map amendment on the adjacent property to the west (Tanner Creek) from MU-C to MHDR, as agreed to by both Applicants. This change better aligns with the proposed development plans for both properties and in Sta�f's opinion is more compatible with adjacent existing and future residential development in the area and provides a good transition between these uses to the proposed commercial uses and is more appropriate than the existing and previously proposed MU-R designation. COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.orklcompplan): Goals,Obiectives, &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): • "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 be required to connect to City water and sewer systems. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the Ci, over parcels on the fringe."(2.02.02) The surrounding properties have all been annexed into the City; the property to the north is developed, the property to the west is proposed to develop with residential uses (i.e. Tanner Creek Development of this infill property will result in more efficient provision of public services. • "Require urban infrastructure be provided for all new developments, including curb and ug tter, 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. • "Require collectors consistent with the ACHD Master Street Map(MSM), generally at/near the mid- mile location within the Area of City Impact."(6.01.03B) The MSM depicts Waltman Ln. as a collector street where it abuts the site due to the increased traffic anticipated with this development and the ad'a7 cent property to the west(Tanner Creek • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A) A pedestrian circulation plan was submitted for the site, included in Section VIII.F. • "Improve and protect creeks and other natural waterways throughout commercial, industrial, and residential areas."(4.05.01D) The Ten Mile Creek along the site's west boundary should be protected during construction. • "Support Valley Regional Transit's(VRT)efforts to construct multi-modal transit centers in areas of high commercial activity and employment as well as areas with transit-supportive residential densities."(6.01.01B) A bus stop is proposed within this development, which will serve residents of the residential development to the west and employees and customers of the proposed commercial development. • "Locate smaller-scale,neighborhood-serving commercial and office use clusters so they complement and provide convenient access from nearby residential areas, limiting access to arterial roadways and multimodal corridors."(3.07.02B) Smaller-scale neighborhood commercial uses are proposed along with two Leger retail buildings. A pedestrian pathway is proposed for access between the subject property and the adiacent proposed residential property (Tanner Creek) to the west. For better connectivity, a more direct access, and to reduce traffic on the collector street(Waltman Ln.), Staff recommends a vehicular driveway/bridge is provided across the Ten Mile Creek between the two proiects for easy access from the residential development in accord with UDC 11-3A-3A.2. • "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) The proposed vacant parcels are within the City limits and the lamer area is surrounded by properties already annexed into the City. The development of this property will result in better provision of City services. The fel owing analysis is specific to the request for a Mixed Use Regional(MU R) designation, and not the fRer-itS Of befief4tS Of Il f j I pr-opas d uses. Analysis for-either-eemplianee with the adopted f4we !a-ad ese designation of MU C, or-another-one,may r-esult in very differ-epA_q4 I I . . . Perty designat MU R ffffist eemply with both the general mixed used poliees and the MU R polieies below. fi9i-a eembination ef eampatible land uses within a eles-e geogi-aphie area that allei�wfep eaqi4,aeees-sible funetional andpkwieal integration ef land uses-, te et;eate and enhanee neighber-heed sense 6��ee, and to allow.,.e.e..,t.e... ...greatep degree� ...e...b........,. _...e J.e.........y. The proposed pr-ojeet is eofnpr-ised entifely of eemmer-eial uses,pf:imar-ily high tr-affie generating • two big box retail and junior anehor-retail spaees along with drive thfoul--r-estaufants), along with a single gh dediea4ed offiee site. Thef:e are fie residential E)r-publie uses proposed. The a!is fer-a leea4ions far-day ll > flex spaee, > dentists, . —uses. There is also no ifAegr-ated residential with or-eensider-ation for-the planned pr-ojeet to the west. pFepepi�L, it has not yet been submitted as an tT4ated Tf:affie Impaet k S44:y is under review bYA GAP. A the pre applieatien meetiffg, Stwff reeemmended te theApplieaw that thej,,wait and submit their applieation Staff finds the ipAegr-ation of land uses in the proposed eaneept is not eensistent with many of the MU R an minimal e&A haw been made to address mixed use r-equir-ements. The following items afe additional Faents of the general mixed tise designation,the majority of w-hieh are not met with the proposed site in r-e:v4ewing development > ill > per-the Comprehensive Plan (pg.3 13)! (S460 i4wk in italie-s) ..92s ant cc A mixed use pr-ojeet should ineltide 4 least thfee types of land uses. Exeeptions may be granted for- smaller-sites on a ease by ease basis. This!and use is not in4eaded for-high density residential development ." This.is a 3344 tiere site with anky eammer-eial and effiee uses.jqtwpese6� This is.Hot a 4mall"site • cc Where appr-opr-ia4e,higher density and/or-ffmiti fafaily residential development is encour-aged fo pr-ojeets with the potential to sen,e as employment destia4ion eenter-s and when the pf-ejeet is adjacent to US 70/76 Cu cG Cu 16 or Cu 69 » integration. • cc Mixed Use areas are t�Tieally developed tinder a master or eoneeptual plan; during an annexation or rezone r-e"est, a development agf:eement will Pfpieally be r-eqttir-ed for-developments with a Mi*ed Use designation," y to Me west�s met eons-ider-ed er integrated into the • "In de"Iepmen4s where fneltiple ee er-cial and/or offiee buildings are proposed, the buildings should be affanged to er-ea e some f6fm of eammon,usable afea, stieh as a plaza or-green spaee." There is no shared 6yoaeeop odeg�aumnts, business gatherings, ep destination oriented retail(ereati ar eammervial Igad sites to make Hs-e ef quiet and easi4,aeees-s-ible 6pen 6paee. Open&Pdee a ;, • cc The site plan should depiet a tr-ansitioaa4use and'of landseaped buffer-ing between Oommer-eia4 and existing low or-meditnn density residential development." fiami4,residential planned-tg the west, The s-4ejqkqn dges not integrate eMer eammunity,se * — The site plan does net eenten*plate any eemmiumity se— designate s-paeefer them to eeeu tteAture to >plazas, > open spaee, > and sehools are expeeted; • "Mixed use areas should be eenter-ed around spaees that are well designed publie and quasi public amenities that foster-a wide variety of interests ranging ffOni leiSUFe to play. These afeas should be • "All Mixed tise pr-ojeets shotild be dir-eetly aeeessible to neighbofhoods within the seetion by both ve ieles and pedestrians." edestria nn )) wouk4 be stibmittiHg plans that wei-e eoordinated in aeeoi-danee with Oty,poliey. They,have taYfed 64-11d etiVe . • "Alleys and i:oadways should be used to tr-ansition f+ofn dissimilar-land"ises, and between Fesidential densities and housing types." The pFopE)sed site plan does inelude a df:iN,e aisle loeated behind the large retail anehor-,that in eembination with a landseape buffer-pfevides "a"tr-ansition to fittwe residential to the west. This however-is not the point of the mixed use transition standafds. As shown in the mixed use gefiefal and mixed use fegional eompfehensive plan figures (3A and 3D,below), r-oads are generally use tFansition with 4eating uses. These r-oads are intended to both integr-a4e and to tfansition, and not to mixed e d nt ANdeairF Tmmhuum I 4 I— arfonrbs _ _ n - 1 Spice a F � Twid P PAW. —r : luwrrhuuL+3 9• 4 kewerlfst * * � t PIu��O�l$p�rr -� ArEriiall�,d Fr��„rratuo��t4�redspace,G41}FaeaS�lntyk�tf.� I f — . Figure 3A frorra City of Mendion famprehonslve Plan. Mote khe focus on 4dway frMtoge that iraf sRior*and rrrt,,gfcpte.5 uses, Poo the aFen 5pa-Ew 4pmv Vvp;Wtr in#egrat4,v grid shored. 5�ngkl�mdX srux � � pr�adtwr+sl am6t rmw llea[�qwr4sn _ -- �� "grOd 1 * RUeAin is trw 0 3 ii 44 4 tit 0 9 JAEeritlRtiad Firaiurr area khorrdsparca,i:annrrtivity,ris.l �--4 Figure 3a from Gty of 44errdfun Campreherrsive?ion.Note the speeiof faeu;an uses widT racgl4wdy{rpn�i�?rt,fhr Urumprd�f atrpf dfx*rt�rdrstr,Wn 7C.rttsF wrtNnv�tngwa',sirrJ}rrqurrar parking afshN rhrappor'tunioes for a (narli t hr'gh viObilAy lod:dlW and fire ihcrred Umar;ifYspbas and vperr sync¢fnt LWb the fbFOEr&rKhGe Qnd srrrblke pad xf[Mf;Jmd " in reviewing development >the following items w a 11 be considered in AIU R areas, • Development should generally eomply with the general guidelines f6r-development in all Mixed Use areas.. This.site and the ene te the west are net integ-rated s-inTly beeause an aeees-s l9eint i qHalio,ochf-e. X9T-E.--Staff reeegnLoes-theqt the Ten Afile Greek separates.these Ave prejeets. M-ewever-, both projeets are turning their baek to the Grvek and notigreposing to embraee it as an amenity that ties theprejeet togeMei,. [Aik-it may be eestprehibitive to have sevem!er-ossin and intent-, or-with the most of the speeoe standw�. Ae subjeet appheation requests AAK-ed-Use of the development af:ea a4 gross densities fanging fFem 6 to 4 0 tmits/aer-e. There is neither-a minimum nor- Yesed on non ooffffnmialuses soeh as ffi ldtifyor- t4 .mot,o� oo nus them), and neither ef the l9r-oposedprejeet-s are integiwW into a eehesive design. There is neither-a minifflUm nor-ma-x* A on non retail eon*ner-eial uses stieh as offiee—, � o„ et 0 elean ..,1 str-y ..tt.,;,�.�e t uses.� � o ef other 0� Of the dffek)-pfflefft area. CoHneil that eammunio,Pffle s-eiq,iees.s-heHk4 oeeur en Waltman to the east; neither appl4eatien is Aqiere the development proposes publie and quasi publie uses to st+ppoA the developmet#,the develope may be eligible for-additional afea for-retail developmefA(beyond the allowed The proposed eoneept is ahigiost entirely retail with ne eMer eommunio,sen,ing uses.Atpi-evie ),based on the r-aties > > the developef is eligible for--a 2:1 bonus. That is to > if there is a one acre libfafy site planned and dedieated, areas,be eligible far-two additional aer-es of retail development. the developer- > > > • Far-plazas that are in4egr-a4ed into a f:etail pr-ejeet,t4e developer-wetild be eligible for-a 6:1 20 additional aeres of retail Sueh plazas should provide a fecal poiPA(sueh as a fountain, > , and some wea4her-pr-oteetion. That wotild mean that by providing a half aer-e plaza,the developef wetild be eligible for-thfee additional aer-es of retail developmefft. This guideline is not applieable as no sueh publi8lqHasi publie uses are lgo;epe:g Additional Analysisi As outlined,the proposed pr-ejeet is a eammer-eial developmefft,not mi*ed Use. There are ne signifiea later-nal Cir-eulation and Pedestrian Aeeess! Some effoft has been made to elevate the site plan to suppeft pedestfian safety. iner-eased sidewalks dffoughetA the pafidag afeas have been provided,unlike eemmer-eial strip malls a-ad power-eenter-s of deeades past. These improvements however-r-eally only suppoi4 and benefit, users thm. o to the site via „4,..Y,ob to leeations and uses for-residents to benefit. These eammunity sefviees afe intended and essential to fvdtfee leea4 trips-. Uses from the subjeet site require new residents to get into their ears forvii4ually all trips, and most o would be ftinneled down Waltman and thfotigh an akea4-problematie and eongested ipAer-seetion. There are > , these uses at an a&r-dable pr-iee-point giwn the seale, loe4ion, and inter-sta+e visibility. The smaller-Retail 2 -pad site (in the middie)may suppoi4 some multi tenant uses,but none of the listed&kamples are ttTieally attraeted to these 4�Tes of loeation -i , eireulation,physieal building design, and general attorneys, or other eon+ffm+nity services. The 4 story class A offiee space,is not likely to support most of Site Design; To be oonsidered a mixed use projeet, an entire site redesign is very likely required.No small atimber-of ehanges will resolve the tinder-lying design issties. A large retail anehor-eottid easily be integr4eA into a mixed use projeet,but for this site in this loeation, it would likely need to be loeated along th-e inter-state or-Mer-idian Road. This is nofmal and typieal both for-sites sueh as this, and for-major-retailers, in other-subufban afeas of the Cou*tfy. The loea4ion as designed prohibits any in4egr-a4ion with the adjaeent uses to the west, and disallows the potential for-any lesser-eonmwnity servi -1 uses fr-o-m-- eee"��ng spaee along Waltman Lane. Waltman is the ideal In-tion fov- on- . ,uses that do npod ;L P-m-n-A-taffor-d thevisibility of the inter-state and Mer-idian Read. The site needs to realize bette elester-ing of non residential uses to fr-afne a-ad befiefit r-eloeated open spaee, c-md there needs to be existing r-esid -n-ti al mle�-'s. Destination uses,beth'r-etail and eommunity sefviees for-leeal fesidefAs should be e ffieient and safe. The seeondafy mid box(larger-retail 2 along the ipAer-state)may be diffietilt to ifitegr-ate, and likely instead needs the square footage rededieated for better-ifAiegr-a4ien ef een*nunity sey-ving uses. While office also desir-ed,there is a eonsider-able amount of it being eonstfueted elsewhere in the eonffnuflity and �Ililfi also be r-edediea4ed. The large Retail 1 anehor-eotild be easily provided with a eentr-al spine aeeess from Wa4fnm if it was r-eloeated with the baek f4eing the inter-state. it would have gf:ea4er-visibilit-y,be no less aeeessible, and allow fnueh bet4er-integfution for-a vai4ety of other-uses. The planned fesidentia4 to the wes would also then not be liter-ally walled off by the tmattr-aetive side of a large big box, and eould make bet4er- use of views aef:oss the Ten Mile efeek.None of the pad s4es on N4ef:idian Road need to be lost,thoug4 Open spaee provided in the subjeet layout is wasteful and wit-bout signifieant benefit to fu4ur-e,poten4i users. Provision of A' - . "ot a eheekbox r-e"ir-emeat that ean be provided and just make a pfojec4 speeifie pokey. The spaee behind the loading doeks is unattfaetive and likely to be a nuisanee a-ad CPT-ED issue. The area stfffounded by pafk4ag neaf offiee pads is a heat island,unsafe, and diffieult to aeeess,both for-near-by employees and fof:fesidents. A4iile the eefAr-al open spaee eould serve as something of an otAdoof- fnar-ket, it does not fneet the ifftent of the mixed use pfineiples and is poor4y loeated(see above). Finally, and as pr-eviously stated,the site laeks ipAegr-ated desip feattwes for-users to leisufe and r-em There afe fie elefneig4s of destin4ion fegional,no plaees designed for-business visits and ot4doof:meetings to happen, or-foF users to visitof:s to simple 'stay' and ef�oy sen4ees with synergies. The site plan is standard higl+w I . .1, designed to usher-in as many vehieles as possible, and then to get them oUt as Elffiekl!,4 TRANSPORTATION' Access is proposed via three(3) driveways to/from Waltman Lane, a local street,at the project's north boundary. ACHD's Master Street Map(MSM) designates Waltman Ln. abutting this site as a collector street. Improvements are required to Waltman Ln., including reconstruction of the bridge over the Ten Mile Creek, west of this site with the Tanner Creek project. Improvements to the section of Waltman that abuts this site will be determined by ACHD with a future development application since this only an annexation request. The extension of Corporate Drive to the northwest of this site, designated as a collector street on the MSM, including construction of a bridge over the Ten Mile Creek from the north to Waltman Lane, is proposed to be completed with the first phase of development of the Tanner Creek project prior to issuance of building ep rmits. If the Tanner Creek project doesn't go forward and complete the improvement to Waltman Ln. and Corporate Dr. as planned, Staff recommends these improvements are completed by this developer through a Cooperative Development Agreement(CDA)with ACHD, as follows: • Extend Corporate Dr. off-site from its current terminus north of Ten Mile Creek to Waltman Ln. and construct a new bridge over the Ten Mile Creek,within existing ROW. The roadway north of the bridge should be constructed as a 40-foot wide commercial street section with vertical curb, gutter and 5-foot wide concrete sidewalk. The crossing of Ten Mile Creek will require a 58-foot wide bridge with 2-foot Parapets. Staff recommends the roadway south of the bridge to Waltman Lane is constructed as a complete street section with detached 10-foot wide multi-use pathways along both sides of the street.These improvements should occur with the first phase of development and should be complete prior to issuance of any Certificate of Occupancy for the site.. • Construct Waltman Lane as 1/2 of a 36-foot wide street section with curb,_gutter, an 8-foot wide planter strip/parkway and a 10-foot wide detached sidewalk within 29-feet of right-of-way(ROW) from centerline with 7-feet of the sidewalk located outside of the dedicated ROW abutting the site. All improvements are proposed to be constructed south of the existing edge of pavement for Waltman Ln., shifting the centerline 8-feet south to the south. ACHD is requiringthe he Applicant to construct the north side of Waltman with a minimum of 12-feet of pavement from centerline,a 3- foot wide gravel shoulder and a borrow ditch to accommodate the roadway storm run-off. Center turn lanes are required to be constructed on Waltman Ln. if determined necessary ACHD. The improvements to Waltman Ln.will require reconstruction of the existing bridge over the Ten Mile Creek as a fu1136-foot street section with curb and 5-foot wide attached concrete sidewalks. This will require a 54-foot wide bridge with 2-foot parapets. These improvements should be completed as required by ACHD and shall occur with the first phase of development and be complete prior to issuance of any Certificate of Occupancy for the site. The proposed commercial development is estimated to generate 10,891 vehicle trips per day(VTD) (950 vehicle trips per hour in the PM peak hour). Based on the findings of the Traffic Impact Study(TIS) for the proposed project,which included the Tanner Creek project,the Meridian Rd./Waltman Ln. intersection would exceed ACHD's Acceptable Level of Service thresholds. With previous development applications for the Tanner Creek property,ACHD did not recommend any mitigation at the intersection due to right-of-way (ROW)constraints,impacts to existing businesses, and substantial intersection redesign and construction, making the recommended mitigation infeasible. A letter prepared by Six Mile Engineering,dated 1/23/23, in response to comments and feedback during the City Council hearing for this project,was submitted to ACHD proposing phased alternative improvements at the Meridian Rd./Waltman Ln. intersection to address traffic impacts from these developments. A three- phase concept designwas proposed in which the first two designs did not require any additional ROW dedication and the final phase did. ACHD reviewed their proposal and does not recommend any modifications to the intersection as under all concept designs,these modifications would negativelypact existing operations of both the interchange and ramps.ACHD's concerns also extended to the impacts the proposed modifications would have to the Central Dr. and Corporate Dr. intersections at Main St. and Progress Ave. While the proposed improvements may benefit both of these proposed developments in the short-term,they'll likely negatively iyely impact the already congested area roadways and intersections. These improvements without significant widening increase corridor travel times and interchange queue lengths, further compoundingexisting xisting congestion in this area.ACHD believes there are other alternatives that may be considered such as converting Central Dr./Waltman Ln. and Corporate Dr.to a one-wa,} couplet,which is anticipated to reduce both queue lengths and the impacts to the Meridian Rd. and the I-84 interchange system (see ACHD's letter for more information). The construction of the Linder Road overpass (3/4 mile to the west),scheduled in ACHD's IFYWP for construction in 2026-2027,should greatly improve traffic conditions on Meridian Rd.by providing another north/south connection over I-84. The Commission and City Council should consider if higher levels of traffic and congestion in this area are acceptable when acting on this application.If not, consideration should be given to the inclusion of a provision in the Development Agreement,which limits development to the large retail(Retail 1) store at this time and delays the Retail 2 building and Pads 3 and 4 until such time as the Linder Road overpass is completed or other area improvements occur that allow for an acceptable level of service to be provided, as determined by ACHD. TRANSPORTATION FOCUS—EXISTING TRANSPORTATION NETWORK CONCERNS Staff and ACHD have concerns with the ability of the existing transportation network to support the proposed development. T+shouldbe noteddia4 a A Traffic Impact Study(TIS)was not prepared Of submitted for the subject project; a memo with additional information was also submitted. There are already signal timing issues at the Waltman and Meridian intersection and this development will add to the wait times and congestion. • Northbound Left Turn from Meridian Road: There is inadequate storage for northbound left turns into the project site, onto Waltman.A dual left-turn is likely needed in this location, even with community uses occurring here,let alone regional serving uses. Further, a single left-turn lane requires longer green light time to provide the needed access for major big box retailer,mid box, and several drive throughs, ironically each rivaling the stacking capacity of this turn lane. • Southbound Right Turn from Waltman Lane onto Meridian Road: There is inadequate suthbound right turn lane capacity for all return trips originating from either the interstate or south side of the interstate. While not a direct correlation to signal timing and capacity, each retail pad site can accommodate more cars than this lane without blocking the proposed full turn access on Waltman,nearest to Meridian Road. There are multiple proposed high traffic generating pad sites,never mind the large retail anchor and variety of other pad sites. traffic, local and regiona4, is focused onto Waltman. A robust loeal network should integrate with a planned not4h south Corporate Drive extension and not require east west travel on Waltman exelusively. The east West dr-iVe aiSle PFOPOSed With this-PFE)jeet, er-essing thr-etigh the middle of a planned pi4v4e nmki fam 1- is not designed to safely aeeefumodate higher- veltifne thr-otigh tfaf4e. Ftti4her-, if t eonneetion exists,the planned multi family pr-ojeet on the west should not have baek out par-king, shoi greater-buffer-s from the roadway. Speculative Entitlement; Staff believes that amending the Futtife Land Use Map as proposed, give existing status of speealative development is unwise. It is not elear if one or-both of the prejeets tentatively eompensate for their impacts. Prejeets for the entire adopted Mixed Use Conununity area need to have eompleted traffie impaet studies,ha-ve been fully reviewed, and have eonsider-ed improvements that adeqtta+ely address the aggr-eg4ed impaets of pr-qjeets for-the larger-afea. This is not possible when neithef pr-ejeet has a solid and eehesive master-plan,when beth may still ehange dr-a-matieally, and when they ai:e Valley,not just for-eppefttmit-y,btit also OtheF T-FaHSP0Ftafi0H ConeeFHS! NE) fffff4age Feads afe pr-&vided to ifftegr-ate the par-eels in this area. ---- It is essential that analysis by both the Idaho Transportation Department and the Ada County Highway District be fully and thoroughly reviewed, and that Commission and City Council be able to consider the full array of both land use and transportation impacts before making a decision. , either-iteratively through subsequent requests by diff-eFent ffojeets,OF by multiple — . . different stages of r- i I I ble haFM to the City's flagship and namesake interehange and entr-yway into the City.There should be lingering o 1 questions, nothing left to ehanee or-ehange iater-given the impoFtanee Of this aFea-. Master Street Map (MSM):The MSM depicts W. Waltman Ln. and W. Corporate Dr.to the north,which is planned to be extended across the Ten Mile Creek to Waltman, as commercial collector streets but does not depict any collector streets across this property. Note:ACHD has submitted comments based on their preliminary review of the TIS, which may be considered with the future development application (see Section IX.I for more information). VI. STAFF ANALYSIS A. COMPREHENSIVE PLAN MAP AMENDMENT(CPAM) Based on the analysis above in Section V, Staff finds the proposed development plan is generally consistent with the requested FLUM designation of Commercial for this site and the requested designation of MHDR for the adjacent property to the west(Tanner Creek) and is compatible with adjacent existing and future land uses. Further,the proposed FLUM designations provide for a better transition in uses from existing and future residential uses to the west and northwest and are compatible with adjacent FLUM designations in this area.Note:If the proposed amendment to the FLUM is not approved,Staff finds the proposed development is not consistent with the exisdnz MU-C FLUM designation for the reasons noted above. See above analysis in Section V for more information. B. ANNEXATION(AZ) The Applicant proposes to annex 18.30-acres of land with a C-G(General Retail and Service Commercial) zoning district consistent with the proposed FLUM amendment to MU Commercial. The subject property is part of an enclave area surrounded by City annexed property. A legal description and exhibit map for the annexation area is included in Section VIII.B. The proposed G 9 zening distfiet is eensistent with both the @*istiag FLUM designation of MU G an the pfopesed FL UM M designation of-N TT T D A revised conceptual development plan was submitted as shown in Section VIII.0 that depicts how the property proposed to be annexed,as well as the area currently zoned C-G, is planned to develop with two (2)big box retail stores a-ad ajunief eher retail spaee [Retail 1 (130,000 150, 153,300 square feet(s.f.)) &Retail 2(SB;AA0-80,500+/-s.f.),Re* Lot? `] o 4 pads, ineluding 2 with drive ' , and a ^ stef,,80,000 e feet ffiee building 5 shoes. The area shown on the concept plan on the bottom(south)portion of the development area(delineated by a red line)is the portion of the site currently in Ada County proposed to be annexed;the area on the top (north)portion of the development area is the portion of the site currently in the City. The portion of the site currently in the City is entitled to develop subject to UDC Table 11-2B-2 Allowed Uses in the Commercial Districts,regardless of whether or not the proposed annexation is approved, as there is not a Development Agreement in effect for that property. As proposed by the Developer in the updated application narrative, a minimum of 10% of the total building square footage for the site will be reserved for non-retail commercial uses that may include such uses as office, clean industry, entertainment,hospitality/hotel, fitness and/or recreation,personal services,non drive-through restaurants,health care, daycare, finance and/or banking, and educational and/or training uses. The conceptual development plan depicts a future VRT bus stop at the northeast corner of the site along Meridian Rd., an arterial street. For safety reasons and for better accessibility from the proposed residential development to the west, Staff recommends it's relocated off the arterial street to the plaza area at Shop 1 or another location acceptable to VRT. A vehicular connection/stub is not depicted on the revised concept plan to the property to the west for future extension across the Ten Mile creek and interconnectivity, onlya pedestrian pathway is proposed. Staff recommends a driveway is provided(alongside the proposed pathway)in accord with UDC 11-3A-3A.2,which supports limiting access points to collector streets and requires a cross- access/ingress-egress easement to be granted to adjoining properties where access to a local street is not available,unless otherwise waived by City Council.The Applicant has submitted an emergency access easement agreement with the property owner to the west for secondary emergency access to Ruddy Dr. and Waltman Ln. At no time should construction traffic associated with the development of this site be allowed to access this site using Ruddy Dr. through The Landing and Tanner Creek Subdivisions. A 10-foot wide pedestrian pathway exists along Meridian Rd. adjacent to the site. In accord with the Pathways Master Plan,a detached 10-foot wide multi-use pathway should be provided within the street buffer along Waltman Ln.; and a 10-foot wide multi-use pathway shall be provided east/west through the site with connections to the pathways along Waltman Ln. and Meridian Rd. and internal pedestrian walkways. The Applicant should coordinate the location of the pathway through the site with the Park's Department.A 14-foot wide public pedestrian easement is required for the multi-use pathways; a recorded copy of such should be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development.Internal pedestrian walkways should be a minimum of 5-feet wide and should be distinguished from the vehicular driving surfaces through the use of pavers,colored or scored concrete,or bricks as set forth in UDC 11-3A-19. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed with this application,staff recommends the provisions discussed above are included in a DA for the subject property. The entire property depicted on the conceptual development plan in Section VIII.0 shall be governed by the DA as agreed upon b t�pplicant.A legal description for the boundary of the property subject to the DA is included in Section VIII.G. Future development of the property should be generally consistent with the conceptual development plan in Section VIII.C. The Applicant requests flexibili , in the ,general configuration and size of the building footprints and orientation,plaza areas and parking on the site with an allowance for up to 20% change in square footages of buildings. uses. The proposed eoneeptual development plan for the annexation area(and larger-area) only includes �we (2) land use t"es eommer-eial retail a-ad offiee.Although residential land uses ar-elglanned-to develop on the adj aeent pr-opeft-y to the west,the pr-opeAy is ettffently entitled to dewlop solely with eonuner-cial uses;the previous residential development proposed for that property was As noted abeNle in Seetion N',mi*ed use designated a-Feas should inelude a4 least three(3)t"es of!and Therefore,Tanner Creek). Reasons for denial ineltided Council's determination that the sole residential use of the pr-opei4j,was fiet eoasisten�with the N4U G designa4ion beeattse a mi�E of uses wasn't proposed and thej didn't want to btffden this property with providing only the non residential component of the mix of uses desired for this area. Hence, Staffs reeommendation for this property and the adjaeet#property to the west to eome in for-review eoneuffeady in order-to easur-e the over-all development is eonsisten with the development guidelines in the Comprehensive Plan for-the mixed use designati In aeeE)r-d with Staffs analysis above,the pfoposed development is Hot eensistent with the general mixed use development guidelines,the existing MU C or-the pr-oposed MU R guidelines. Stag is Hot in stippoA of the r-e"ested annexation with the eeneepttial developmen4 plan proposed"e to its ineonsisteney with the Comprehensive Plan. Stag r-eeowwaeads development applieations afe su-bmit4ed eoneuffeady for-these pr-opet4ies with a master-plan for-the over-all area tha4 demofistfa4es eonsisteney with the guidelines in the Compr-ehensive Plan for-mixed use developments and speeifleally the N4U G designation E)r-an altemate designation i proposed. Altefaafively, if s4mitted separ-4ely,the developmeRt plan for-eaeh pr-epeft-y should demonstrate eonsisteney with the Plan on its own mer-its. The TIS shotild also be ttpda4ed to take inte eensider-ation the development impaets of both pr-oper-ties a-ad the neeessar-y road and inter-see impr-Ewemen4s needed in this afea in oFder-for-the stfeet aetwoFk to funetion suffieiently with the intensity f deve ,,,.meni r oa VII. DECISION A. Staff- Staff recommends denial gpproval of the proposed amendment to the Future Land Use Map FLUM and the proposed annexation per the updated analysis above in Sections V and VI and the Findings in Section X. If City Council does not approve the requested amendment to the FLUM, Staff recommends denial of the annexation request based on incompatibili , of the proposed development with the existing MU-C FLUM designation. tion. B. The Meridian Planning&Zoning Commission heard these items on April 28,2022. At the public hearing,the Commission moved to recommend denial of the subject CPAM and AZ requests. 1. Summary of Commission public hearing_ a. In favor: Ethan Mansfield,Hawkins Companies;Matt Schultz,Representative for Tanner Creek(to the west) b. In opposition: Kelsi Lorcher,Joe Lorcher C. Commenting: Clair Manning,Nona Haddock d. Written testimony: None e. Staff presenting_application: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony a. Public testimony in agreement with Staff s recommendation of denial due to not having a Master Plan with the Tanner Creek development to the west; b. Concern pertainingto o impacts on traffic in the area from the proposed development; C. Testimony from the Tanner Creek developer's representative that they're in favor of the proposed development and intend to re-submit a residential development plan for the property to the west once ACHD has accepted their Traffic Impact Study(TIS� 3. Key issue(s)of discussion by Commission: a. Concern pertaining to the impact on traffic in this area if the proposed development plan is approved; b. Desire to have the TIS reviewed&accepted by ACHD for the overall development area in order to know the impacts and transportation improvement requirements for the development; C. Consistency of the proposed development plan with the Comprehensive Plan. 4. Commission change(s)to Staff recommendation: a. None (Commission recommended denial based on their belief the requested use is not consistent with the general mixed use development guidelines,the existing MU-C guidelines or the proposed NU-R guidelines; also need a Traffic Impact Study.) 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on June 14,2022. At the public hearin .the Council moved to remand the subject CPAM and AZ requests back to the Commission. 1. Summary of the City Council public hearing: a. In favor: Ethan Mansfield,Hawkins Companies:Matt Schultz.Representative for the Tanner Creek development to the west. b. In opposition: Joe Lorcher,Kelsi Lorcher, Clair Manning; William Kissinger: Joey Lorcher C. Commenting: Mike Swenson:Kristy Inselman.ACHD 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. Concern pertaining to traffic impact on the Meridian/Waltman intersection from the proposed development; b. Against the intensity of uses proposed with the MU-R FLUM designation and resulting traffic in this area and at the Meridian/Waltman intersection- C. Desire for a true mixed use project to be developed on this site as opposed to an entirely commercial development. 3. Key issue(s)of discussion by City Council: a. Preference for this property and the abutting property to the west to come in together or concurrently with a master plan for the overall area that demonstrates consistency with the existing or proposed FLUM designation: b. Desire for the transportation issues to be addressed before a development plan is approved: C. Desire for changes to be made to the concept plan to be more consistent with the enteral mixed use guidelines and specifically the requested MU-R designation. 4. City Council change(s)to Commission recommendation: a. Council voted to remand this application back to the Commission for review of anticipated changes to the concept plan to be more consistent with the general mixed use guidelines and specifically the requested MU-R guidelines; and so that a master plan can be reviewed for this property and the Tanner Creek property concurrently. D. The Meridian Planning&Zoning Commission heard these items on(continued from October 19, 2023)November 2,2023.At the public hearing,the Commission moved to recommend approval of the subject CPAM and AZ requests. 1. Summary of Commission public hearing_ a. In favor: Ethan Mansfield,Hawkins Companies; Leah Kelsey, Six Mile Engineering b. In opposition: Kelsi Lorcher,Joe Lorcher,Joey Lorcher c. Commenting: Clair Manning d. Written testimony: None e. Staff presenting gpplication: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s) public testimony A. Against project due to the impact on traffic in this area from this development and the extension of Ruddy Dr. b. Concerned pertaining to the safety of area residents with the traffic that will be generated from this development and the residential development to the west when Ruddy is extended to Waltman Ln. 3. Key issue(s)of discussion by Commission: A. The Applicant's request to not be required to provide a vehicular connection to the west across the Ten Mile Creek to the adjacent residential development. b. The Applicant's request to not construct a driveway access to the out-parcel at the northwest corner of this site at this time. 4. Commission change(s)to Staff recommendation: a. At Staff s request,modify DA provision#A.1(i)to require the extension of Corporate Dr. to be constructed as required by ACHD. b. The Commision is in support of Council ranting a waiver to UDC 11-3A-3,which requires vehicular connectivity between the two projects via a cross-access easement,to not require a connection(DA provision#IX.Alc . c. Modify the requirement for a cross-access easement and driveway, t�provided to the outparcel(Parcel#S 1213417320•)to only require an easement at this time. The easement should grant consent to the owner/developer of the out-parcel to construct the driveway on the subject property in the future at the time of development. (DA provision#A.1 d). 5. Outstanding issue(s)for City Council: a. None E. The Meridian Citv Council heard these items on November 21,2023.At the public hearing.the Council moved to approve the subject CPAM and AZ requests. 1. Summary of the City Council public hearing: a. In favor: Ethan Mansfield Hawkins Companies Leah Kelsey, Six Mile Engineering b. In opposition: Steve McCarthy; Clair Manning,Kelsey Lorcher: Kurt Lee;William Kissinger:Ken Freeze C. Commenting: Justin Lucas.ACHD d. Written testimony: Ethan Mansfield.Hawkins Companies;23 letters of public testimony (see public record) e. Staff presenting application: Sonya Allen £ Other Staff commenting on application: Joe Bongiorno,Fire Dept.; Shawn Harner, Police Dept. 2. Key issue(s)of public testimony: a. Concern pertaining to traffic impact from this development and no access to I-84 with the Linder Road overpass: b. Inconsistency of the proposed development plan with the vision of the Destination: Downtown plan and Comprehensive Plan: C. Concern pertaining to pedestrianibicycle safety with traffic comingthrough Ruddy Dr. to Waltman Ln. and increased traffic at the Meridian/Waltman intersection: d. Preference for a lower density development plan(i.e. single-family homes no apartments, smaller offices, entertainment used: e. Consider limiting density permanently or until there's a resolution in the future to the traffic issues in this area. f. Desire for the City to take a break on approving new projects to give existin approved projects a chance to catch up and be built and see what the impacts are. 3. Key issue(s)of discussion by City Council: a. Traffic level of service once Corporate Dr. is extended: b. Questions pertaining to traffic solutions for this area posed to ACHD: c. Concern pertaining to the proposed amendment to the FLUM: 4. City Council change(s)to Commission recommendation. a. Council approved the Applicant's request for a waiver to UDC 11-3A-3 to not require a vehicular connection and cross-access/ingress-egress easement to the residential property(i.e. Tanner Creek)to the west(strike DA provision VIIL EXHIBITS A. Future Land Use Map—Adopted& Proposed Land Uses (Amended) aof$= iaf}7j ,3 Adopted Land Uses feet Legend ■ � Areo Gi CIly[Mead d do 21 d i Irkm Land Um +• LGw I�r75�tyr 12 �n1ip7 * �+I MG Ok rn f R # fhGl ■a + F-;h Oemlly RiWdentiui ■ k J Commeldol OWNS induitrlal � � � LL Cod Town I PF*posed Land Uses ------------- MOM r Mlx d+is dmr+�r��Y Fl�xl "rr // FF .1 / nr Mined Use Regional r�I Mixed use Non-ResideniO �J W-ad u'.t-Imerchunptr _ Lawner-cay Employmeni ■ ■ i r ■ ■ ■ . ■ . . . . Ir r■ w■ a W y USAYN&Center : ;� r +'r Dolly 71 IV l I MAxeid Emp:iymoni lip • r �; rl MixeduseResidenllal ` { � F N 4 ® M11xeQ use Comrrbercipl � � r � +I -+441 . R ArAV i 1 1 1 B. Annexation Legal Description and Exhibit Map km E ryGth7EE RiJVG February4,2C122 Project No.;20-176 I-W!Oeridian Road Fxhlbit A Legal Descriptlan for Annexati m and Reirone to C-G A parcel of land being a po rtlon of the Northeast 114 of the Southeast 114 of Sect ion 19.Townshl p 3 North,Range 1 WEst,8_M.,Ada Caunty,Idaho beIMMOM partitularlydastrlbed as Follows= Comvnerlcirr8 at a bra6s Cap marking the East 114 orner of said sac nn 13,which bears 589`25'10"E a dis ice of 2.642,64 feet fro m a 5{9-inch re bar ma r�iTig the Center 1/4 Corner o f Sa Id-section 13,thence foil owi rig the easterly I ine of the Southeast V4 of said Secti on 23r 501-41'431rW a distance of 420.62 feet to the POINT OF BEGIN NI MS. T#enee-fDI low Ing said easterhE 1lner SC}1'01'43'W a distance-of 614.71 feet to the bound ary of the City of Meridlan per ofelmance number 341,also known as South Gatr Annexatlon,dated May 7,1979; 1_ ThL�ncelea,rirtigsaldrasterlyIirre and fol lowing said bound arytfre fin How ingflveJ5�rour-Wv IYU*58'17'W a distance of 96,.37 filet; 2- 577,°02'140W a distanre of 373-86 feet; 3. 574°40'17"W a distance of 471-15 feed; 4. 583°2N13"4V a distanre of 332.94 feet: 5. N89°34'12"bV a distance of 85.20 feet to the westerly Ii ne of said Northeast 114 of the Southeast 1/4; Thence leaving saId boundary and fallowingsaId westerly line,W00°43'22"E a distance of664.99fe-et to a 5/8-Inch rebar; Tharice IeaviMg said westerly line.UV32'WE d dist3noe of 969.55 fees to a.5{8-inrh rebar; Thence N01'41'36'eE a distance of 244,37 feet Thence S89'08'013"E a dkstanoe of 349.99 feet to the KNIIT OF GECINNING. Sa id pa r€el canta i ns a total of 18.304 acres,more Dr less. Attached hereto Is EkhibK Sand by this reference Is made a part hereof, p� LANp E R S{O o � m a 1 66 Y K E'r1�`` 4 � 5725 North DI5cowery Way-Bo-lse,Jsfaho 133713+ 20R.639,593B kmengllp.com CENTER 1/4 CORNER POINT of COMMEKEMIENT SEcnaN 1$ W Waltman Ln EAST 1l4 LOANER SECTION 13 f uNb 5 f a-INdi EFL+}2 SA56 Or [3EA.Rit+IG F4)-LEND 9R455 CAP S8T25'70"E 26+4.2,64' LI PEE TABLE LINE 111ARIN5 ASTMCEA ro Li N6Er55'17W -96.37L2 571'tl2'14*W 373.a5 POINL 3 SE3'28'1�'W 332_d4 L'& N&W- 34'12-k 55.24 Unplatted r� Annexation Area;18.3QA±Ai` t► Propose-d Zor�ing;C-13 L!n latt-ad m 5121341770?r S1213417690&S12134176H r v`i k o "° �Ifr�rst V' 2onJng;RUT K3 L 1 rrlrl Lei LA LEGEND LEGEND k EN 5 'y EN 5 COP IS ALUMINUM W W 5/a-114CH Raw �9 ❑ $ CALCULATED P41NT OF — — — ANPC(AnON & RUONE SOLJNDARY —SECTION UNE ' Rlw Emmk6r. mnw--or-wAY L]H� 0 250 Soo 750 plan SCJ Ip:1'-xSQ' E1461NI; E RI Nn STr3 MATH ry5MiM Lo06- BOESC.+]6LYQF31B y, M7hC 13MI d794Pn }Exy.,Exhibit B nx Llrylp--' ALF vexation and Rezone Don -.L—.l.311a2 FA41ECr. MAN SHEET; 1-84/Meridian Road 1 OF 1 NE1f4 SE1/4 Sec. 13,T3N, RIW, W Ada Counter, I-dah:D C. Conceptual Development Plan(REVISED) &Renderings I I ..TI I_ _ R aff ET- - _ » - a� I E � LJi r sDEVELOPNIENT I l - - lf lye ,- . it'4a Aa I - 6 Oil D. Tanner Creek and I-84 &Meridian Road Conceptual Development Plan EUPKEMMI,SMEC'-4 C'hNCF 1pr p _ -�'t;' r=-�a • L���'F IIcy y lei FANNER CREEK & I-84MERIDIANDEVFLOPMENT � SS * PEE}�$TPoMCONr-CRA i -bvbMsmmDrAm"FU2ATYPE{ - ) : Jiro j, B � TANNER CREFJf PLAZA UL } x ®.4 _- E. Vehicular Connectivity x + V • CCUIHE{TfVrrY LEGEND * ■.Pf■ VEHECLECOH!l=ETIL'R4 - �y • E -_ ■ �w�w {c}L�L7R►7EE7EkERTEMEwSw ■ # WALTh%%N ViL 1 MEODL&N RS {i. [H�ESL O4FDPrl55 fyi t■•iii Yif•fi■•�i•�i►i■i.I. - WAr{OfTTTi+ t� ■ Y. j * '' _ aj7r i' ■ ■ a • • v F. Pedestrian Circulation Plan 1A N NLR EP:Lq y�mb. _ m<_m_, CTHEPS W�.L _*--. � � . � % -- � Two - I . r . _. . - it _. } ' ' ! ILZ OL A - �.a ............_, .�' �. _ .......... i � § _OL.. _._ ._ . j - G. Legal Description&Exhibit Map for Property Subject to the Development Agreement—forthcoming, to be included in Development Agreement IX. CITY/AGENCY COMMENTS A. PLANNING DIVISION The Plaflaing Divisiefl has fie eefiditions on this applieation because the reeommendation is for denial. ift be eof4ifmed ' . Fit hearing in order-for-Stag to pr-epafe eonditions and Findings for-approval. 1. A Development Agreement(DA) shall be required as a provision of annexation of the subject property. The DA shall be signed by the property owner(s)and returned to the City within six(6) months of City Council approval of the Findings of Fact, Conclusions of Law and Decision&Order for the Annexation request. The new DA shall include the following=provisions: a. Future development of this site shall be generally consistent with the conceptual development plan,renderings,pedestrian circulation plan and vehicular connectivity plan, included in Section VIII and the provisions contained herein. Flexibility in the general configuration and size of the building footprints and orientation,plaza areas and parking on the site shall be allowed with an allowance for up to 20%changein Square footages of buildings. b. As proposed by the Developer, a minimum of 10%of the total building square footage for the site shall be reserved for non-retail commercial uses that may include such uses as office,clean industry, entertainment,hospitality/hotel, fitness and/or recreation,personal services,non drive- through restaurants,health care, daycare, finance and/or banking, and educational and/or training uses. odesti-a .,thw ) of the site for-in+er-.eaaeetivit-,x ,,,.a with UPC 11 3 n 3 n 2 n! Division with the first Get4ifieate of Zoning Complia-nee apoie4iaa fef the-4te, d. A vehicular cross-access/ingress-egress easement shall be provided to the out- parcel(Parcel#S 1213417320)at the northwest corner of the site and a recorded copy of the easement submitted to the Planning Division with the first Certificate of Zoning Compliance application for the site. The easement shall grant consent to the owner/developer of the out- parcel to construct the driveway on the subject property at the time of development. e. A detached 10-foot wide multi-use pathway shall be provided within the street buffer along Waltman Ln.; and a 10-foot wide multi-use pathway shall be provided east/west through the site in accord with the Pathways Master Plan with connections to the pathwa, sag Waltman Ln. and Meridian Rd. and internal pedestrian walkways. Coordinate the location of the pathway through the site with the Park's Department. A 14-foot wide public pedestrian easement shall be required for the multi-use pathways if located outside the public right-of-way; a recorded copy of such shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. f. Internal pedestrian walkways shall be a minimum of 5-feet wide and shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19. g_ A bus stop should be provided in the plaza area near Shop 1 or an alternate location acceptable to Valley Regional Transit(VRT). h. At no time shall construction traffic associated with the development of this site be allowed to access this site using Ruddy Dr. through The Landing and Tanner Creek Subdivisions. i. If the improvements to Waltman Ln. and Corporate Dr. aren't completed by the developer of the project Tanner Creek)to the west as planned,these improvements shall be completed by this developer through a Cooperative Development Agreement(CDA)with ACHD, as follows: • Extend Corporate Dr. off-site from its current terminus north of Ten Mile Creek to Waltman Ln. and construct a new bridge over the Ten Mile Creek,within existing ROWke Mile C-eek will e a 58 feet wide b r-ike with 2 feet perii3cis. The ivcc va-y Svirtr-vf as required by ACHD. These improvements shall occur with the first phase of development and shall be complete prior to issuance of any Certificate of Occupancy for the site. • Construct Waltman Lane as '/2 of a 36-foot wide street section with curb, gutter, an 8-foot wide planter strip/parkway and a 10-foot wide detached sidewalk within 29-feet of ri hg t-of- wa(ROW) from centerline with 7-feet of the sidewalk located outside of the dedicated ROW abutting the site. All improvements shall be constructed south of the existing edge of pavement for Waltman Ln., shifting the centerline 8-feet south to the south. The north side of Waltman shall be constructed with a minimum of 12-feet of pavement from centerline,a 3-foot wide gravel shoulder and a borrow ditch to accommodate the roadway storm run-off. Center turn lanes shall be constructed on Waltman Ln. if determined necessary by ACHD. The improvements to Waltman Ln. shall include reconstruction of the existing bridge over the Ten Mile Creek as a full 36-foot street section with curb and 5-foot wide attached concrete sidewalks. This will require a 54-foot wide bridge with 2-foot parapets. These improvements shall be completed as required by ACHD and shall occur with the first phase of development and be complete prior to issuance of any Certificate of Occupancy for the site. B. PUBLIC WORKS Site Specific Comments 1. No Public Works infrastructure was provided as part of this submittal, any changes must be approved by Public Works. 2. Water main must connect to the existing main in Waltman Lane at two locations. 3. Provide a water main connection to the west. 4. Ensure no permanent structures are built within a utility easement including but not limited to tree, shrubs,buildings, carports,trash enclosures,infiltration trenches, light poles, etc.). 5. Ensure no sewer services pass through infiltration trenches. General Comments 6. 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. 7. 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. 8. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 9. 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. 10. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 11. 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. 12. 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. 13. 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. 14. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 15. 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. 16. 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. 17. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 18. Developer shall coordinate mailbox locations with the Meridian Post Office. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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.meridiancioy.oMIpublic_works.aspx?id=272. 24. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT hggs://weblink.meridiancity.org/WebLink/Doc View.aspx?id=257681&dbid=0&repo=Meridian City D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=258727&dbid=0&repo=MeridianCiU E. PARK'S DEPARTMENT https://weblink.meridianciU.org/WebLink/DocView.aspx?id=310268&dbid=0&repo=MeridianCitX F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=25861 7&dbid=0&repo=MeridianCioX G. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancitE.orglWebLinkIDocView.aspx?id=257906&dbid=0&repo=MeridianCity H. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridiancioy.org/WebLink/DocView.aspx?id=259278&dbid=0&repo=Meridian City I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=267371&dbid=0&repo=MeridianCioX https://weblink.meridiancioy.oLvlWebLinkIDocView.aspx?id=259453&dbid=0&repo=MeridianCiU https://weblink.meridiancity.org/WebLinkIDocView.aspx?id=309476&dbid=0&repo=MeridianCiiy X. FINDINGS A. Comprehensive Plan Map Amendment 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 amendment to the Comprehensive Plan,the Council shall make the following findings: 1. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The City Council finds the proposed amendment from MU-C to Mr:K-edU Regional I r n Commercial and MHDR and conceptual development plan is M-64 ��en�erall�consistent with the inten the Comprehensive Plan in Mat k;qIw�mkLq##4, :9ingleuse includingprovision of a transition in uses and compatible uses, as noted in Section V. 2. The proposed amendment provides an improved guide to future growth and development of the city. The City Council finds that the proposal to change the FLUM designation from Mixed Use— Community(MU-Q to Commercial and MHDR deer�provides an improved guide to future growth and development of the City as the proposed development plan sees is consistent with the proposed development plan and existing and future uses in the area, as discussed in Section V above. 3. The proposed amendment is internally consistent with the Goals,Objectives and Policies of the Comprehensive Plan. The City Council finds that the proposed amendment is 1*64 consistent with the Goals, Objectives, and Policies of the Comprehensive Plan for the proposed 44W B Commercial and MHDR designations as noted above in Section V. 4. The proposed amendment is consistent with the Unified Development Code. The City Council finds that the proposed amendment is consistent with the Unified Development Code. 5. The amendment will be compatible with existing and planned surrounding land uses. The City Council finds the proposed amendment and conceptual development plan will H-64 be compatible with existing and planned surrounding land uses fer the r-ease as noted in Section V above. 6. The proposed amendment will not burden existing and planned service capabilities. The City Council finds that the proposed amendment and development will likely burden transportation capabilities in this portion of the city even witheut slant improvements to Waltman,and the extension of Corporate, . Sewer and water services are available to be extended to this site. 7. The proposed map amendment(as applicable)provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The City Council finds the proposed map amendment provides a logical juxtaposition of uses hu-t deesn't meet many ef the mixed use gHidehnaq for de+vlepmen as discussed in Section V above; there should be sufficient area to mitigate any development impacts to adjacent properties. 8. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Section V and the subject findings above, the City Council finds that the proposed amendment is Bret in the best interest of the City. B. 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 proposed map amendment to the C-G zoning district and plan to develop &&k+ commercial retail and effiee neighborhood serving uses on the property per the proposed conceptual development plan does. no demonstrates consistency with the ,..,n..u,.' niked H6e OF the Commercial FLUM as noted above in Section V. (See section V above for more information.) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to C-G and conceptual development plan generally complies with the purpose statement of the C-G district in that it will provide for the retail and service needs of the community. 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 commercial uses should be conducted entirely within a structure. 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. No residential development is proposed; therefore, enrollment at area schools shouldn't be affected. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation with the conceptual development plan proposed is neF in the best interest of the City per the analysis in Sections V and VI above. W IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement (Julia Subdivision H-2023-0003) Between City of Meridian and Marquita M. Flansburg and Theresa Charlayne Call for Property Located at 2435 N. Black Cat Rd. ADA COUNTY RECORDER Trent Tripple 2024-009150 BOISE IDAHO Pgs=38 BONNIE OBERBILLIG 02/23/2024 08:12 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Marquita M. Flansburg, OWNER/DEVELOPER 3. Theresa Charlayne Call, OWNERIDEVELOPER THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 6th day of February , 2024, 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 Marquita M.Flansburg, whose address is 2986 W. Deerfield Court, Eagle, Idaho, 83616, and Theresa Charlayne Call, whose address is 4723 Bluff Street, Norco, California 92860,hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer submitted an application for annexation and zoning of 2.77 acres of land with a request for 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 25th day of July, 2023, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and DEVELOPMENT AGREEMENT—JULIA SUBDIVISION(H-2023-0003) PAGE I OF 9 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Marquita M. Flansburg, OWNER/DEVELOPER 3. Theresa Charlayne Call, OWNER/DEVELOPER THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 6th day of February , 2024, 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 Marquita M. Flansburg, whose address is 2986 W. Deerfield Court, Eagle, Idaho, 83616, and Theresa Charlayne Call, whose address is 4723 Bluff Street, Norco, California 92860, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owners are the sole owners,in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-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 submitted an application for annexation and zoning of 2.77 acres of land with a request for 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 25th day of July, 2023, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and DEVELOPMENT AGREEMENT-JULIA SUBDIVISION(H-2023-0003) PAGE 1 OF 9 Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owners/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Marquita M. Flansburg, whose address is 2986 W. Deerfield Court, Eagle, Idaho, 83616, and Theresa Charlayne Call,whose address is 4723 Bluff Street,Norco, California 92860, hereinafter called OWNER/DEVELOPER, the parties that own and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. DEVELOPMENT AGREEMENT-JULIA SUBDIVISION(H-2023-0003) PAGE 2 OF 9 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, 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 of the subdivision. d. A 10-foot wide detached sidewalk/multi-use pathway shall be provided within the required street buffer along N. Black Cat Rd. e. A new garage with a minimum of two (2)parking spaces shall be constructed for the existing home in accord with the off-street parking standards listed in UDC Table 11-3C-6 for single-family detached dwellings. The garage shall be constructed prior to City Engineer signature on the final plat. f. The rear and/or sides of new homes facing N. Black Cat Rd. 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. g. All homes shall be limited to a single-story in height with a bonus room above the garage with all bonus room windows facing the front of the lots as proposed by the Developer. h. All homes shall include brick/stone veneer accents on the street-facing elevations. i. A license agreement shall be required with Nampa&Meridian Irrigation District in order for future structures (homes and/or fences) on Lots 7 and 9- 12, Block 1 to encroach within the 50-foot wide Sky Pilot Drain easement, measured from centerline of the pipe. DEVELOPMENT AGREEMENT-JULIA SUBDIVISION(H-2023-0003) PAGE 3 OF 9 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default.In the event Owner/Developer,or Owner/Developer's heirs,successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 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. DEVELOPMENT AGREEMENT-JULIA SUBDIVISION(H-2023-0003) PAGE 4 OF 9 8. INSPECTION: Owner/Developer shall,immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by the City Council.If for any reason after such recordation,the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 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 OWNERS/DEVELOPERS: Marquita M. Flansburg Theresa Charlayne Call 2986 W. Deerfield Ct. 4723 Bluff St. Eagle, ID 83616 Norco, CA 92860 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 DEVELOPMENT AGREEMENT-JULIA SUBDIVISION(H-2023-0003) PAGE 5 OF 9 may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the 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. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to remove a portion of the Property ("Removed Property") from this Agreement at any time, provided that the City and the owner of the Removed Property concurrently enter into a modified development agreement governing the development and use of the Removed Property. The remaining portion of the Property, which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. 21. 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. 22. 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. 22.1 No condition governing the uses and/or conditions governing rezoning of the subject Property herein provided for can be modified or amended without the approval of the DEVELOPMENT AGREEMENT-JULIA SUBDIVISION(H-2023-0003) PAGE 6 OF 9 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. 23. 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-JULIA SUBDIVISION(H-2023-0003) PAGE 7 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: OWNER/DEVELOPER: 4 4 Marquit M.aFlans!burg Theresa Charlayne Call STATE OF IfVli� ) ss: County Of_ On this day of 2024,before me,the undersigned,a Notary Public in and for said State, personate appeared Marquita M. FI- shurg, known or identified to nic to be the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public My Commission Expires: 2/01 dZ NATAUE TL7RRE5 S Notary Public-Callfprnta 3 Riverside CWnty Commission 9 238500Z + MY Comm.Expires Dec f.2025 STATE OF Ca I('611 k ) County of On this day of 2024,before me,the undersigned,a Notary Public in and for said State, personally appeared Theresa Chi—aria Call, known or identified to me to be the person who signed above and acknowledged to me that they 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. a �7 (SISAL) Notary Public ���0���Z My Commission Expires: S NATA"I TORRE, S - Notary Public•�Iffornti i ,vervde County Commission x 2395002 �.�„f�,�`mm.Es7ires Dec f 2025 r DEVELOPMENT AGRI-1-MI--NT—JUI IA SUBDIVISION(H-202 i-000i) PAGE 8 OF 9 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 2-6-2024 Chris Johnson, City Clerk 2-6-2024 STATE OF IDAHO ) ss County of Ada ) On this 6th day of February , 2024, 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 My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT—JULIA SUBDIVISION(H-2023-0003) PAGE 9 OF 9 EXHIBIT A LFH M H engineering Julia Subdivision Legal Description A parcel of land, situate in the Southeast 114 of the Northeast 114 Section 4, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING East 1/4 Corner of Section 4, thence along the northerly boundary of the Turnberry Subdivision No.1, recorded in book 77 of plats at pages 8012-8013, North 89°22'47" West, 243.00 feet to the easterly boundary of Tricia's Crossing, recorded in book 90 of plats at pages 10615-10617, monumented by a found 5/8-inch pin, set cap stamped PLS8575; Thence along said easterly boundary, North 57°58'01" West, 506.12 feet to the southerly boundary of Tricia's Subdivision No.2, recorded in book 83 of plats at pages 9185-9186, monumented by a found 5/8-inch pin with plastic cap stamped "PLS7732"; Thence along said southerly boundary, South 89°18'48" East, 675.00 feet to the easterly boundary of Section 4; Thence along said easterly boundary, South 00°37'59" West, 263.01 feet to the POINT OF BEGINNING. Containing 2.774 acres, more or less. The BASIS OF BEARINGS for this survey is between the north 1/16 Corner of Section 4 monumented with a 5/8-inch pin and surmounted with a plastic cap marked "PLS7732", and the East 1/4 Corner of Section 4 monumented as described in Corner Record Instrument No. 102151375, bearing South 00'37'59" West, 1,325.62 feet. Prepared by: Ronald M. Hodge, PLS Survey Department Manager C-) A�- S jr- Cl- `SG o � O 8575 sAAd 1.o(1.2 RMH:trc �pN9rE OF 4Z D M. �0 680 S. Progress Ave., Suite#213 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-llc.com Equal Opportunity Employer N N N O N W O W D m O / Q O d IlY / ;(;Dog�cn 00 c / — — � �D O 0 0 CoDa) r ro -AO W (D 7 Cam. fD �' 5. O CS,N 0 � 00 �. rD cp c�a � o 0 N Oj N. Cb Q O� PROF — �� cc) CO g cn a N O 00 yOo 9 Gj / 0—R/W cF aoti3 / p.P:--Julia Avenue North CO m—R/W G fD Vi Ln� � ~ 0 G G � CD -A p — h O Q N �S, N o 0000 l0 c {, V O o I� V y V N O O — C —R/W Op R/W R/W R/W R/W—"/W � z W C' N. Black Cat Road V O m �_ 0. W S00° 37' 59"W 263.01' 1062.64' n Z 1 0 ` W EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAl`T�- AND DECISION&ORDER In the Matter of the Request for Annexation of 2.77-Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of 10 Building Lots and Five (5) Common Lots on 2.77-Acres of Land in the R-8 Zoning District for Julia Subdivision,by Hesscomm Corporation. Case No(s). H-2023-0003 For the City Council Hearing Date of: July 11,2023 (Findings on July 25, 2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of July 11,2023,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of July 11, 2023, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of July 11, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 11, 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 JULIA SUBDIVISION H-2023-0003 - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 11, 2023, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation &zoning and preliminary plat is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of July 11, 2023, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner,and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR JULIA SUBDIVISION H-2023-0003 -2- A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a),an affected person aggrieved by this final decision may, within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d)and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of July 11,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR JULIA SUBDIVISION H-2023-0003 -3- By action of the City Council at its regular meeting held on the 25th day of_July 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED_A)�E_ COUNCIL MEMBER LUKE CAVENER VOTED AYE_ COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) May r e E. imis n 7-25-2023 Attest: 26-4-- ,gip- <�. may!E IUTAN SFAI. Chris Jo46n 7- , 3 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Llol 6 ! 10, L� Dated: 7-25-2023 ae` City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR JULIA SUBDIVISION H-2023-0003 -4- STAFF REPORT C�WIE IIIT COMMUNITY DEVELOPMENT DEPARTMENT p HEARING July 11, 2023 Legend DATE: TO: Mayor&City Council FROM: Sonya Allen,Associate Planner x 208-884-5533 SUBJECT: Julia Subdivision—AZ,PP H-2023-0003 LOCATION: 2435 N. Black Cat Rd., in the NE 1/4 of � Section 4, T.3N.,R.1 W. (Parcel - #51204141840) I. PROJECT DESCRIPTION Annexation(AZ)of 2.77 acres of land with an R-8 zoning district; and preliminary plat(PP)consisting of 10 buildable lots and 5 common lots on 2.77 acres of land in the R-8 zoning district for Julia Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 2.77 acres Future Land Use Designation Medium Density Residential(MDR) Existing Land Use Rural residential Proposed Land Use(s) Single-family detached dwellings Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning R-8(Medium Density Residential) Lots(#and type;bldg/common) 10 building/5 common Phasing plan(#of phases) 1 Number of Residential Units(type 10 single-family detached units,including one existing home of units) Density(gross&net) 3.61 units/acre(gross) Open Space(acres,total [%]/ 0.59-acre(or 22%)consisting of street buffer,open space with pathways and buffer/qualified) a storm drainage area. Amenities NA Physical Features(waterways, The Sky Pilot drain runs along the south&west boundaries of the site hazards,flood plain,hillside) Neighborhood meeting date 1/4/23 History(previous approvals) None B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action es/no • TIS(yes/no) No(not required) • Level of Service(LOS) Better than"E"at PM peak hours,which is an acceptable LOS for a 2-lane minor arterial Black Cat). • Existing Conditions There is one existing driveway serving the existing home via N.Black Cat Rd. • CIP/IFYWP CaRltAl hnprtvmnnta Plan ICEPY Inbayfated Fins Year Wail Plan(IFVWR); • US;ICk Road Is scMeauled in the I€Y1hP ror a 4 "wir improvensent proBPG1,Usllck[k7rrldof la. which w&APdes widening the north and south legs to 7-lenee and the ease and weal legs to& lanes from Blark Cal Road to Star Road and oonsbWing snharK-Ad pedestrian♦hike farilitles and Inli.mW.hpn hgphting wlth deWn RehectuIed far 21US. • Black Cat Road is IlaW in the CIP to bewidensd W 5-4inas rrom Cherry Lana to Ustirk Rmkd b4"en 243t 3ne Y035. + The intemod un of Cherry Lane and Black Cat Road is listed in the CIP to be widened to 4 lanes on 1he north Iep,4-lanes on the sough.4•lanes east,mw 4•lzirws on the west leg,and includes me canstnaatian at duai-lane rdundeb at between 2031 end 2035. • The In!ereecuon of Ustiak Road and Bkat:is Cat Road Is Wed in She CIP to he widened is 7- lanes cm the north leg,7-lanes on the south-8-lanes east,and$-lens on the west leg,and s�noraed bem►een V26 aria Vim. Access(Arterial/Collectors/State Two(2)accesses exist via Black Cat Rd.,an arterial street—(1)for the Hwy/Local)(Existing and Proposed) existing home and(1)for the Irrigation District.The residential access will be removed with development and access will provided via the extension of Julia Street from the north;no direct access is proposed via Black Cat Rd. Proposed Road Improvements No improvements are proposed or required for Black Cat Rd.ACHD is requiring an additional 50-feet of right-of-way(ROW)to be dedicated for future expansion of the road. Fire Service No comments received Police Service No comments received West Ada School District No comments received 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 1a 10a UV rgm luv1 II�Y I UsrIC -I�I�+alu 11 1+■■ i.� ■ u iON zm 1E so No ■w1o�: IN IS INN ...I. ►. _ ■ - ININ IN.IS .� . IN kh puu■ ■■ I ■ ■uuu■■■ r� 1 —. _ a�' � _ in No E SENSE" IN 11 IN IN 111111N ■ ■ E SlllM1l�e NINE-IonI rCf7 ESk 71 • .-` III Y:. x- 1t+a-1■■ 1 ■•■ x=- :'2'!1■■ a �■. ' ■■ NL■ z' ■■ NL■ IN _-x-3-3■� ii ■ -x-3-3�-■■ ■ ON ■■■IIO�i ■EM■ INN ti..ry. ■u■ ti..ry. C - ■ -Y � Y u uuu ■ _ puu■ ■ liiili Y liiili -Y - ' iiiii■ ■ •N■■■■•L iiiii■ ■ •N■■■■•L puu■ on I • SEEMS on ■ uuuu■■ ■g 1 11111 # IS — IIIIIIN =■ ■ .■uuu ■uuu z :■uuu ■ - --'z' IS■uuu NR■ Theresa Charlayne Call—4723 Bluff St.,Norco,CA 92860 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 5/3/2023 6/25/2023 Radius notification mailed to property owners within 300 feet 4/28/2023 6/23/2023 Public hearing notice sign posted 5/5/2023 06/27/2023 on site Nextdoor posting 4/28/2023 6/23/2023 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 an enclave surrounded by single-family homes zoned R-4(Medium Low-Density Residential) in the City on land also designated MDR on the FLUM. The Applicant proposes a 10-lot subdivision for single-family residential detached homes at a gross density of 3.61 units per acre,which is at the low end of the desired density range of the MDR designation and compatible with adjacent development. TRANSPORTATION: The Master Street Map (MSM)does not depict any collector streets across this property.North Black Cat Rd. along the eastern boundary of this site is designated as a residential arterial street and is listed in the ACHD CIP to be widened from 3-to 5-lanes between 2031 and 2035. Black Cat Rd. is currently improved with 2 travel lanes (one in each direction) and has no curb, gutter or sidewalk. 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 in a mix of sizes 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. • "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 abutting similar size lots to the west in Tricia's Crossing and to the south in Turnberry Subdivision will provide a good transition in density and lot sizes to abutting parcels. The lots proposed along the north boundary are narrower/smaller than those to the north in Tricia's Subdivision and have approximately a 1.5:1 transition, which should be adequate. • `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 infill property should not negatively impact abutting existing development due to the similar 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, including the existing home, 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 pedestrian pathway is proposed from the internal cul-de-sac to the proposed sidewalk along N. Black Cat Rd. and a segment of the City s multi-use pathway system is proposed along the southern boundary of the site in accord with the Pathways Master Plan. The sidewalk along Julia Ave. will provide a pedestrian connection to the development to the north. There are no pedestrian pathway stubs to this property from adjacent developments. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter(along Julia Ave only) and sidewalks (along both Julia Ave and Black Cat) 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 and 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 is currently one (1) access point on N. Black Cat Rd.for this property (and an irrigation access). With development, this access will be closed and access will be provided internally from within the subdivision via the extension off. Julia Ave.from the north. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe." (2.02.02) Development of the subject infill parcel will maximize public services. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 2.77 acres of land with an R-8 zoning district and develop the site with single-family homes at a gross density of 3.61 units per acre, 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 preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with nine(9)new single-family residential detached dwellings and retention of the existing home(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(PP): The proposed preliminary plat consists of 10 building lots and five(5)common lots on 2.77 acres of land in the proposed R-8 zoning district as shown in Section VIII.B. Proposed buildable lots range in size from 4,151 square feet(s.£)(or 0.10 acre)to 12,671 s.f. (or 0.29 acre). The subdivision is proposed to develop in one (1)phase. Existing Structures/Site Improvements: There is an existing home and several other structures on the property. The existing home is proposed to remain on Lot 4, all 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.A new address will be required for the existing home. Dimensional Standards (UDC 11-2): The proposed plat, existing home and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The proposed lots comply with the minimum dimensional standards. The existing home complies with the setback requirements of the district. Note#11 on the preliminary plat pertaining to building setbacks should be removed as compliance with the setbacks in effect at the time of submittal of a building permit is required.Note#9 stating building setbacks and dimensional standards shall be in accord with the standards in effect at the time of subdivision should be changed to building permit submittal. Subdivision Design &Improvement Standards: The proposed subdivision is required to comply with the design and improvement standards listed in UDC 11-6C-3. Access: There are two(2)existing accesses via Black Cat Rd., an arterial street—(1)for the existing home and(1) for the Irrigation District. The driveway for the existing home will be removed and the driveway for the Irrigation District will remain. Access is proposed via the extension of N. Julia Ave. at the north boundary of the site,which terminates in a cul-de-sac; direct access is not proposed or allowed via N. Black Cat Rd. A common driveway is proposed for access to Lots 12-14. A exhibit for the common driveway was submitted as shown in Section VIII that complies with the standards listed in UDC 11-6C-3D. 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; or, a plat note could be included on the plat that includes this information. Landscaping: A 25-foot wide street buffer is required along N. Black Cat Rd., an arterial street,per UDC Table 11-2A-6,measured from ultimate back of curb location.A buffer is depicted on the landscape plan that appears to meet this requirement. The buffer should be depicted on the plat in a common lot as proposed with landscaping per the standards listed in UDC 11-3B-7C.3. Landscaping,including trees and bushes,is required along all pathways in accord with the standards listed in UDC 11-3B-12C and should be depicted on the landscape plan submitted with the final plat application.A landscape strip a minimum of 5-feet wide is required to be provided along each side of the pathway; designs are encouraged in which the width of the landscape strip varies to provide additional width to plant trees farather from the pathway to prevent root damage (see UDC 11- 313-12C for more information).Note:If there is not adequate room outside of the Irrigation District's easement to place trees along the pathway, alternative compliance may be regested to this standard. There are several existing trees on the site—where possible,existing trees should be retained. 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 and site amenities are not required per UDC 11-3G-2. However,the applicant is proposing 0.59-acre(or 22%)of open space consisting of street buffer, open space with pathways and a storm drainage area. Pathways: All pathways should be constructed in accord with the standards listed in UDC 11-3A-8. A multi-use pathway is proposed along the southern boundary of the site in accord with the Pathways Master Plan. A 14-foot wide public pedestrian easement is required for the pathway(see Park's Dept. comments in Section IX.G). A micro-pathway is proposed out to Black Cat from the Julia cul-de-sac. 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 multiple-use pathways (MUP)in lieu of on-street bike lanes for roadways identified for improvement in the CIP,Staff recommends a 10-foot wide MUP 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 garage for the existing home is proposed to be removed, Staff recommends a provision in the DA requiring a minimum 2-car garage is constructed that provides parking in accord with UDC standards prior to the City Engineer's signature on the final plat. Waterways: The Sky Pilot Drain exists along the west and south boundaries of this site within a 100- foot wide easement(50-feet on each side,measured from centerline)per the letter received from the Irrigation District. Along the southern boundary,the drain is located on this site and is open; the Applicant proposes to pipe the open section of the drain. Along the western boundary,the drain is located on the adjacent property to the west(Lot 8,Block 1, Tricia's Crossing)and has been piped. The lots along the southern and western boundaries(i.e.Lots 7,9-12 and 15) significantly encroach within the easement for the drain.NMID has stated they will consider encroachments within the outer 20-feet of the easement with a license agreement similar to what they approved with the adjacent development to the west(Tricia's Crossing).No buildings or trees would be allowed in the inner 30-feet of the easement but lawn and fences could be allowed.If approved,the easement should be clearly depicted on the final plat with the recorded instrument number of the license agreement.A recorded copy of the license agreement should be submitted prior to signature on the final plat by the City Engineer.If a license agreement cannot be obtained as anticipated,there may not be adequate area to construct homes on these lots. The UDC (11-3A-6E)requires irrigation easements wider than 10 feet to be included in a common lot that is a minimum of 20-feet wide outside of a fenced area, unless modified by City Council at a public hearing with notice to surrounding property owners.The width of the easement encroachment on this site is approximately 27 feet. The Applicant requests Council approval for the easement to be located on building and common lots(i.e.Lots 7,9-12 and 15) rather than a common lot.If the Irrigation District approves an encroachment agreement as anticipated,there will only be approximately 7 feet where no buildings or trees would be allowed.For this reason, Staff is supportive of the Applicant's request. All other irrigation ditches crossing this site that aren't being improved as a water amenity or linear open space as defined in UDC 11-1A-1 shall be piped or otherwise covered as set forth in UDC 11-3A-6B.3, unless otherwise waived by City Council. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6C and 11-3A-7, as applicable. The landscape plan depicts existing fencing along the north boundary of the site.A 6-foot tall privacy fence is depicted along the west, south and east boundaries of the site. A 4-foot tall privacy fence is proposed along internal common lots. Because there is a common lot directly adjacent to the west boundary of the site in Tricia's Crossing Subdivision that isn't entirely visible from a public street where the Sky Pilot Drain is located and has been piped,the fencing in this location must be open vision or semi-private up to 6-feet in height or if closed vision fencing is proposed,it can't exceed 4-feet in height, as set forth in UDC 11-3A-7A.7b.The fence along the northern boundary of Lot 8 may be a 6-foot tall privacy fence because the common area(i.e. Lot 8)is visible from the street and because the drain is being piped. 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. Stormwater retention is proposed on Lot 9. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A Geotechnical Recommendation&Port was submitted with this application. Building Elevations: Several conceptual building elevations of 1-story homes with a bonus room over the garage were submitted as shown in Section VIII.E. Building materials consist of a variety of siding, some with stone/brick veneer accents. Staff recommends as provision of the DA that all homes include brick/stone veneer accents on the street-facing elevations.Design review is not required for single-family detached structures. The existing home is proposed to be renovated and re-oriented to take access from the internal street rather than Black Cat Rd. The Applicant's narrative states that at the neighborhood meeting with the original developer, concerns were expressed pertaining to the height of the homes and related privacy issues. Options discussed to mitigate these concerns included limiting the homes to a single-story in height,placing any second story rooms on the interior side of the homes(i.e. above garages), and/or utilizing transom-style windows to limit views from the proposed homes to any adjacent properties. To alleviate these issues,the developer has agreed to a provision in the DA that limits all homes to a single-story in height with a bonus room above the garage with all windows facing the front of the lots. VII. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement,and preliminary plat per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on May 18`h(continued)and June 15,2023. At the public hearing on June 15`h,the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing_ a. In favor: Bruce Hessing,Applicant b. In opposition:None C. Commenting d. Written testimony:None e. Staff presenting application: Sonya Allen f Other Staff commenting on application:None 2. Ke. ids)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. Commission was in general support of the proposed infill project. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: A. The Applicant requests Council approval for the irrigation district easement for the Sky Pilot Drain to be located on building and common lots rather than a separate common lot, as allowed by UDC 11-3A-6E with Council approval. C. The Meridian City Council heard these items on July 11,2023. At the public hearing,the Council moved to approve the subject AZ and PP reauests. 1. Summary of the City Council public hearing: a. In favor: Bruce Hessing,Applicant:Alex Nuttman b. In opposition:None C. Commenting: Anna Orem 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. In favor of the infill project and belief that it's well thought-out and will be a great asset to our community- b. Neighbor inquired about replacement of existing fencing and removal of existing trees that are impeding the fence on the development property as well as the Orem property and their neighbors across Julia. 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. Council approved the Applicant's request for the NMID easement to be located within adjacent building and common lots as allowed by UDC 11-3A-6E instead of a separate common lot. VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map JHMH engineering Julia Subdivision Legal De E crl ption A parcel of Jan4 sitxrate b i the Resift 'ASt!/4 a}Nhe&f1he05 r 114 Secrkm 4, Townskp3 AwM,Run4L7 1 West,Saise Meridbaa Ad&Cauntpr,Adnho,5ging M-Wer P4rrrculartir df•srribP4 Of ft]POW.�' MINN ING East 1/4 Corner of Sec6w 4,ihipnte alor 8 t Me northerly hu pndafy vt whg Term-or" Subdiwision fyrr-Tr rMarded In bgok 77 of plats&.page.a 8012-W13, NDFtf1 99'22'47"WmL,243=ftmt In the eimterly dbufidary of Trlcla's Crossing.reoarded In 113Wh 90-Of plait at pa&&s 10615-IN17, morkahnkmed by a fib and 5 j�-Irrrh pin,set c.ap starnpod PUS S75; Theme along said easrerkyr lmurndaryr No'Rh 57'550 V West,506.12 feet to tho southerly boundary of Trxia'x Subdivlkm No.Z terarded in book 93 of plats al pages 9185-01FJ6,monruneemed by a found 518-4nch van with plastic cap stamped'PL:S M)'. Thence aWnp,said southerly boundary.Soid'r 85{l.11'49'ast,67521)feet to the ewm-dv hounclwv of Sect4on 4; Thence along said zanefly boundary,Smith Cb'37'59'6VEgf,261.01 last to the POINTO€I1EGJNNING. Containing 2_774 titres,mare&des5, The BASIS OF BEARIN-,S far this survey is h(tween thv north L/:6 Cancer of St+ctpon 4 rrwnumented wlilha 5/8-mcbpIn and 5,+jrmu7urlt*ElW11,11 a Pka LK sap r£rarkad"PLS7732',and the Easi 1)4 Corn$r of Section 4 monumcntr.d as dssCrIhQd In Cwrier Record Iriorumei+t Na.102151375,bearlrrg South 00'37'59'West, U25.62 Frees Frgpamd by; RiMald M."adW,Pt5 Survey E)Qparkrrpen t Mg3nager a * 00x ,wwrml Progress Me..Suite VE • Mefidlarl,Idet,cr83442 ■Tel;206-342.7957 ■wi!b:hrri 4I€.-corn fq&K4 Dppvrtunky fmovyer E)Gm>r sury Map z Z V� m ps f 000 I s 5®')8'lTE .2 ` ` ��.^l/rye MatldTW p MNnrq lb.1p16L(rt2] 04 3 scut: r'. ea• f x 2 '47-y' MW ' glw r' / ��ap Mxra] B. Preliminary Plat(dated: 6/12/23) (41d Me,du .&h C=I.hlahu IM YITE� T ' � I �'�• � I I � 1 � � H1H 5�-- . u II.YFt r-.--YFwi+.�FV�F i RE E. Common Driveway Exhibit | -- _ . . % , -- -- - % -Cc= - # -- x\ - 2E& IEP % -ZN" | Z COMMON DRIVEEXHimT — - m: , . 1 . 1 . 1 . . , . , . , . . __ D. Landscape Plan(dated: 6/13/2023) YdihT[r PJJIr8a-ED_iE � � �� rr�r _ir• r �� Y! � i4Yttlri� Y YQ tiSte. -. — _ ` -- — .1- .__- fp ' — } tis L �J f'['%PHE11MIW AY LAN PLAN E. Conceptual Building Elevations I loll 1 � L IV I �ill� -Jc�3• - _ 1r ' 'Z..�wti I. T � l *,LEI' IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall be generally consistent with the preliminary 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 of the subdivision. d. A 10-foot wide detached sidewalk/multi-use pathway shall be provided within the required street buffer along N. Black Cat Rd. e. A new garage with a minimum of two(2)parking spaces shall be constructed for the existing home in accord with the off-street parking standards listed in UDC Table I1-3C-6 for single- family detached dwellings. The garage shall be constructed prior to City Engineer signature on the final plat. f. The rear and/or sides of new homes facing N. Black Cat Rd. 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. g. All homes shall be limited to a single-story in height with a bonus room above the garage with all windows facing the front of the lots as proposed by the Developer. h. All homes shall include brick/stone veneer accents on the street-facing elevations. i. A license agreement shall be required with Nampa&Meridian Irrigation District in order for future structures (homes and/or fences) on Lots 7 and 9-12,Block I to encroach within the 50- foot wide Sky Pilot Drain easement,measured from centerline of the pipe. 2. The final plat shall include the following revisions: a. Depict a minimum 25-foot wide street buffer along N. Black Cat Rd., an arterial street in a common lot. The buffer shall be measured from the ultimate curb location as anticipated by ACHD. b. Depict a I0-foot wide detached sidewalk/multi-use pathway within the street buffer along N. Black Cat Rd. with an average minimum separation of greater than four(4) feet to back of curb on the construction drawings. Also depict the easement for the pathway on the face of the plat. c. Graphically depict and include a note for a perpetual ingress/egress easement for the common driveway on Lot 15 that includes a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D8; or,record a separate easement/agreement and include a reference to the recorded instrument number on the plat. d. Delete note#6. These lots are identified in note#7. e. Modify note#9 as follows, ". . .in accord with the City of Meridian standards in effect at the time of the subdivision building permit submittal." f. Delete note#11 pertaining to specific building setbacks. g. Include the recorded instrument number of the public pedestrian easement on Lot 8 in note#12. h. Modify note#13 to include Lot 15 as it also contains the Sky Pilot Drain easement. Also, include information about the anticipated license agreement with NMID, including the recorded instrument number of the agreement, and the specifics of what is and isn't allowed in the easement area. i. , measufed ftem the eenter-line of the pipe,within a eemmen let eutside of a feneed afea,unless modified by City Getmeil a4 a pub4e City Council approved the Applicant's request for the easement to be located on building and common lots (i.e. Lots 7, 9-12 and 15) rather than a common lot. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Depict a minimum 25-foot wide street buffer along N. Black Cat Rd.,measured from the ultimate curb location as anticipated by ACHD; 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-1OC.5. c. Depict a 10-foot wide detached sidewalk/multi-use pathway within the street buffer along N. Black Cat Rd. d. Depict landscaping along each side of all pathways in accord with the standards listed in UDC 11-3B-12C.Note:If NMID will not allow trees within the easement for the Sky Pilot Drain adjacent to the multi-use pathway, alternative compliance may be regested to this standard. e. Change the fencing type along the western boundary of the site adjacent to the common open space in Tricia's Crossing subdivision to open vision or semi-private up to 6-feet in height or if closed vision fencing is proposed,it can't exceed 4-feet in height, as set forth in UDC 11-3A- 7A.7b. f. Depict the 50-foot wide easement for the Sky Pilot Drain,measured from the center line of the pipe,within a common lot outside of a fenced area,unless modified by City Council at a public hearing with notice to surrounding property owners as set forth in UDC 11-3A-6E. The Applicant requests Council approval for the easement to be located on building and common lots(i.e. Lots 7, 9-12 and 15)rather than a common lot. 4. The common driveway on Lot 15 shall comply with the standards listed in UDC 11-6C-3D and the exhibit in Section VIII.C. 5. 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, a note could be included on the plat per condition#2c above. 6. All irrigation ditches, laterals, sloughs or canals, including the Sky Pilot Drain, crossing this site shall be piped or otherwise covered as set forth in UDC 11-3A-6B.3,unless waived by City Council. 7. Except the home, all other existing structures shall be removed from the site prior to submittal of the final plat for City Engineer signature. 8. The new garage for the existing home shall be constructed prior to City Engineer signature on the final plat as set forth in the Development Agreement. 9. Comply with the subdivision design and improvement standards listed in UDC 11-6C-3. 10. Submit a recorded copy of the approved license agreement with NMID that details what encroachments(if any)are allowed within the 50-foot wide Sky Pilot Drain easement. 11. Approval of a preliminary plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2)years of the approval of the preliminary plat. Upon written request and filing by the applicant prior to the termination of the period,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 None 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or 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:11weblink.meridiancity.org/WebLink/Doc View.aspx?id=294318&dbid=0&repo=Meridian City&cr =1 D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=293550&dbid=0&repo=Meridian City E. ADA COUNTY DEVELOPMENT SERVICES(ACDS) https://weblink.meridianciV.orglWebLinkIDocView.aspx?id=294146&dbid=0&repo=MeridianCiu F. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=295064&dbid=0&r0o=MeridianCiU G. PARK'S DEPARTMENT https://weblink.meridianciny.org/WebLinkIDocView.aspx?id=293049&dbid=0&repo=MeridianCity H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:11web1ink.meridianciV.org/WebLink/DocView.aspx?id=293036&dbid=0&r0o=Meridian City X. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant's request to annex the subject property with R-8 zoning and develop single-family detached dwellings on the site at a gross density of 3.61 units per acre 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 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. Preliminary Plat(UDC 11-611-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The 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 and are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in conformance with scheduled public improvements in accord with the City's capital improvement program. 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: Development Agreement (Tanner Creek H-2022-0048) Between City of Meridian and Corey D. Barton (Owner) and Challenger Development, Inc. (Developer) for Property Located at 675 W. Waltman Ln. ADA COUNTY RECORDER Trent Tripple 2024-007677 BOISE IDAHO Pgs=91 ANGIE STEELE 02/14/2024 04:14 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Corey D. Barton, Owner 3. Challenger Development, Inc.,Developer THIS DEVELOPMENT AGREEMENT(this "Agreement") is made and entered into this 6th day of February , 20 24 ,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 Corey D. Barton, whose address is 1977 E. Overland Rd., Meridian, ID 83642, hereinafter called "OWNER," and Challenger Development, Inc., whose address is 1977 E. Overland Rd., Meridian, Idaho 83642, hereinafter called"DEVELOPER." I. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A," which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property;" and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, establish provisions governing the creation, form, recording, modification, enforcement and termination of development agreements required or permitted as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the 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 and the modification of development agreements; and 1.4 WHEREAS, Owner/Developer have submitted an application for development agreement modification to remove the property listed in Exhibit "A" from an existing Development Agreement recorded in Ada County as Instrument #108131100 and to replace it with a new Development Agreement to rezone a total DEVELOPMENT AGREEMENT—TANNER CREEK SUBDIVISION H-2022-0048 Page 1 of 10 of 41.89 acres of land from the C-G zoning district to the R-8 (12.16 acres), R-15 (12.27 acres), and R-40 (17.46 acres) zoning districts, allowing a mix of residential uses to develop on the site, including single-family detached and attached dwellings, townhouse dwellings, and multi-family residential apartments and for the inclusion of the Property into this new Agreement, 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 duly noticed public hearings before 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 development agreement modification held before 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 5ch of December, 2023, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B;" and 1.8 WHEREAS, Owner/Developer deem it to be in their best interest to be able to enter into this Agreement and acknowledge that this Agreement was entered into voluntarily and at their urging and request; and 1.9 WHEREAS, the property listed in Exhibit"A" shall no longer be subject to the terms of the existing Development Agreement(Inst. #108131100) and shall be bound by the terms contained herein in this new agreement; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement modification 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 designations are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT-TANNER CREEK SUBDIVISION H-2022-0048 Page 2 of 10 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: means and refers to Corey D. Barton, whose address is 1977 E. Overland Rd., Meridian, Idaho 83642, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Challenger Development, Inc., whose address is 1977 E. Overland Rd., Meridian, Idaho 83642, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel of Property located in the County of Ada, City of Meridian as described in Exhibit"A," describing a parcel to be removed from existing Development Agreement recorded in Ada County as Instrument#108131100, with such parcel being bound by this new Agreement, which Exhibit"A" is 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 as permitted, conditional and/or accessory uses under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the conceptual site plan, conceptual building elevations,preliminary plat, phasing plan, landscape plan, and qualified open space exhibits included in Section VII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached DEVELOPMENT AGREEMENT-TANNER CREEK SUBDIVISION H-2022-0048 Page 3 of 10 hereto as Exhibit`B" and the provisions contained herein. Flexibility in the phasing to adjust the number of lots, combination of lots and number of phases to reflect changing market conditions is permitted unless otherwise restricted herein or in the Cooperative Development Agreement with Ada County Highway District(ACHD). b. The Developer shall construct a bridge across the Ten Mile Creek and extend Corporate Drive from the north to Waltman Lane, as required by ACHD, prior to issuance of any building permits within the first phase of development. c. The Developer shall widen W. Waltman Lane and reconstruct and widen the bridge across the Ten Mile Creek after the Phase 1 improvements have been made, which include the Corporate Drive extension, as required in the Cooperative Development Agreement with ACHD. d. Noise abatement shall be provided for residential uses adjacent to Interstate 84 in accord with the standards listed in UDC 11-3H-4D. The berm and wall in its entirety shall be constructed with the first phase of development that's platted adjacent to I-84. e. The rear and/or sides of new homes facing Interstate 84 and W. Waltman Ln. 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. Single-story structures are exempt from this requirement. f. No building permits shall be issued for this development until the property has been subdivided. g. At no time shall construction traffic associated with the development of this site be allowed to access this site using Ruddy Dr. through The Landing Subdivision. 6. COMPLIANCE PERIOD: This Agreement must be fully executed within six (6)months after the date of the Findings 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's/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 DEVELOPMENT AGREEMENT-TANNER CREEK SUBDIVISION H-2022-0048 Page 4 of 10 and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty(30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which actions 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 § 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 the 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 DEVELOPMENT AGREEMENT-TANNER CREEK SUBDIVISION H-2022-0048 Page 5 of 10 policy, notify the City Engineer and request the City Engineer's inspections and written ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion therefor in accordance with the terms and conditions of this Agreement and all other ordinance 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. 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 agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if 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 agrees 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 Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER: DEVELOPER: Corey D. Barton Challenger Development, Inc. 1977 E. Overland Rd. 1977 E. Overland Rd. Meridian, Idaho 83642 Meridian, Idaho 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT-TANNER CREEK SUBDIVISION H-2022-0048 Page 6 of 10 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner/developer 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/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its 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 reasonable 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. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to remove a portion of the Property("Removed Property") from this Agreement at any time, provided that the City and the owner of the Removed Property concurrently enter into a modified development agreement governing the development and use of the Removed Property. The remaining portion of the Property, which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. 22. 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. DEVELOPMENT AGREEMENT-TANNER CREEK SUBDIVISION H-2022-0048 Page 7 of 10 22.1 No condition governing the uses and/or conditions governing the 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. 23. 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-TANNER CREEK SUBDIVISION H-2022-0048 Page 8 of 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: Corey D. Ba ton STATE OF IDAHO ) ss: County of Ada Tt') On this 00 day of �20�, before me, a Notary Public in and for the State of Idaho, personally appeared Corey D.Barton,known or identified to me to be the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREO #%1Ak0hq nto set my hand a d affxed my official seal the day and year in this certificate first above written. �o.,�����CCA L I�Of q� ,/ • (SEAL) a _ Nota Public MY COM��SSION M Commission Expires: EXPIRES 8-16-2024 v = Y p r •.t5' �.�• �Cw .....•- ti- �N DEVELOPER: Challenger D veloprnent,In . By: Cor y D. Barton Its: President STATE OF IDAHO ) ss: County of Ada ) On this!'� day of , 20Z' -,-before me, a Notary Public in and for the State of Idaho, personally appeared Corey D. Barton,known or identified to me to be the President of Challenger Development,Inc. and the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREOF,;h }�fi ��/eunto set my hankaafPfixed my official seal the da and year in this certificate first above written. PUB'•. 'SEAL) _ s Vz ublic Ivly COMMISSION —_ My Commission Expires: , EXPIRES 8-16-2024 . •4'E OF\0.:- DEVELOPMENT AGREEMENT—TA VISION H-2022-0048 Page 9 of 10 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 2-6-2024 Chris Johnson, City Clerk 2-6-2024 STATE OF IDAHO ) ss County of Ada ) On this 6th day of February 20 24 ,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT-TANNER CREEK SUBDIVISION H-2022-0048 Page 10 of 10 EXHIBIT A Legal Description Tanner Creek Subdivision — Zone R-8 A parcel being located in the SE % of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northwest corner of said SE % (C Corner), from which a brass cap monument marking the northeast corner of said SE %('/4 Corner) bears S 89052'43" E a distance of 2642.71 feet; Thence S 89052'53" E along the northerly boundary of said SE '/4 a distance of 250.00 feet to the POINT OF BEGINNING; Thence continuing along said northerly boundary S 89052'53" E a distance of 543.81 feet to a point; Thence leaving said northerly boundary S 0°01'45" W a distance of 196.36 feet to a point; Thence N 89056'05" W a distance of 129.13 feet to a point; Thence N 88043'36" W a distance of 59.52 feet to a point; Thence N 89052'43" W a distance of 305.30 feet to a point; Thence S 0004'14" W a distance of 331.54 feet to a point of curvature; Thence a distance of 199.11 feet along the arc of a 125.00 foot radius curve right, said curve having a central angle of 91°15'53" and a long chord bearing S 44025'59" W a distance of 178.72 feet to a point of tangency; Thence N 89056'05" W a distance of 46.97 feet to a point; Thence S 0°01'30" W a distance of 422.85 feet to a point of curvature; Thence a distance of 84.04 feet along the arc of a 53.50 foot radius curve left, said curve having a central angle of 90°00'13" and a long chord bearing S 44°58'37" E a distance of 75.66 feet to a point of tangency; Thence S 89058'43" E a distance of 427.00 feet to a point; Thence N 88033'04" E a distance of 56.77 feet to a point; Thence S 89056'05" E a distance of 129.17 feet to a point; Thence S 0000'04" W a distance of 301.28 feet to a point on the centerline of Interstate 84, Thence along said centerline S 89059'24" W a distance of 795.12 feet to a point on the westerly boundary of said SE %; Thence along said westerly boundary N 0003'55" E a distance of 1189.59 feet to a point; Lail Tanner Creek—R-8 Zone Q_ Land surveying and Consulting Page 1 of 2 Job No.23-64 Thence leaving said westerly boundary S 89°44'33" E a distance of 249.82 feet to a point; Thence N 0°06'36" E a distance of 242.69 feet to the POINT OF BEGINNING. This parcel contains 12.158 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Np,L LA No Land Solutions, PC �`° S T sG October 19, 2023 a 11118 lo��°11zo ON W NPR Tanner Creek—R-8 Zone Land Surveying and Consulting Page 2 of 2 Job No.23-64 Legal Description Tanner Creek Subdivision — Zone R-15 A parcel being located in the NW'/4 of the SE % of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northwest corner of said NW '/4 of the SE % (C % Corner), from which a brass cap monument marking the northeast corner of the SE %4 ('/4 Corner) of said Section 13 bears S 89°52'43" E a distance of 2642.71 feet; Thence S 89°52'53" E along the northerly boundary of said NW % of the SE %a a distance of 793.81 feet to a point; Thence leaving said northerly boundary S 0°01'45" W a distance of 196.36 feet to the POINT OF BEGINNING; Thence continuing S 0001'45" W a distance of 427.80 feet to a point; Thence N 89'58'17" W a distance of 112.70 feet to a point; Thence S 0°06'20" E a distance of 104.81 feet to a point; Thence S 89°59'36" E a distance of 112.51 feet to a point; Thence S 0°00'04" W a distance of 399.65 feet to a point; Thence N 89°56'05" W a distance of 129.17 feet to a point; Thence S 88°33'04" W a distance of 56.77 feet to a point; Thence N 89058'43" W a distance of 427.00 feet to a point of curvature; Thence a distance of 84.04 feet along the arc of a 53.50 foot radius curve right, said curve having a central angle of 90'00'13" and a long chord bearing N 44°58'37" W a distance of 75.66 feet to a point of tangency; Thence N 0°01'30" E a distance of 422.85 feet to a point; Thence S 89°56'05" E a distance of 46.97 feet to a point of curvature; Thence a distance of 199.11 feet along the arc of a 125.00 foot radius curve left, said curve having a central angle of 91°15'53" and a long chord bearing N 44°25'59" E a distance of 178.72 feet to a point of tangency; Thence N 0°04'14" E a distance of 331.54 feet to a point; Thence S 89052'43" E a distance of 305.30 feet to a point; Thence S 88043'36" E a distance of 59.52 feet to a point; Tanner Creek—R-15 Zone Land Surveying and Consulting Page 1 of 2 Job No.23-64 Thence S 89°56'05" E a distance of 129.13 feet to the POINT OF BEGINNING. This parcel contains 12.272 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS p \NL LANDS Land Solutions, PC 5` S T G October 18, 2023 �<1 ER - 0 11118 yTF 0 F \o 42 T0N W . NP Tanner Creek—R-15 Zone Land Surveying and Consulting Page 2 of 2 Job No.23-64 Legal Description Tanner Creek Subdivision — Zone R-40 A parcel being located in the SE '/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northwest corner of said NW % of the SE '/4 (C 1/4 Corner), from which a brass cap monument marking the northeast corner of the SE '/4 ('/4 Corner) of said Section 13 bears S 89°52'43" E a distance of 2642.71 feet; Thence S 89°52'53" E along the northerly boundary of said NW '/4 of the SE '/4 a distance of 793.81 feet to the POINT OF BEGINNING; Thence continuing along said northerly boundary S 89°52'43" E a distance of 527.62 feet to a point marking the northeast corner of said NW Y4 of the SE %4; Thence along the easterly boundary of said NW Y4 of the SE %4 S 0019,27"W a distance of 1428.67 feet to a point on the centerline of Interstate 84; Thence leaving said easterly boundary and along said centerline S 89059'24" W a distance of 519.85 feet to a point; Thence leaving said centerline N 0000'04" E a distance of 700.93 feet to a point; Thence N 89°59'36" W a distance of 112.51 feet to a point; Thence N 0°06'20" W a distance of 104.81 feet to a point; Thence S 89058'17" E a distance of 112.70 feet to a point; Thence N 0001'45" E a distance of 624.16 feet to the POINT OF BEGINNING. This parcel contains 17.458 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS \ pNL LA Np Land Solutions, PC 0 \s T F s p October 19, 2023 C F 11118 'P ����°►�2�s OF F CO � o N W N P� Uiir' biutjos Tanner Creek-R-40 Zone k____---Land Surveying and Consulting Job No.23-64 TANNER CREEK SUBDIVISION - ZONING EXHIBIT CITY OF MERIDIAN REZONE - R-8, R-15, R-40 LOCATED IN THE SE 1/4 OF SECTION 13, T3N, RM BM, ADA COUNTY, IDAHO BASIS OF BEARING 1/4 C 1/4 - W. WALTMAN LN. S89'52'43"E 2642.71' - 13�18 250.00' 543.81' 527.62' 1321.28' w POINT OF POINT OF o BEGINNING POINT OF BEGINNING a o � R-8 BEGINNING 0" R-40 i N z `-4 305.30' R-15 � S89'44'33"E N89'52'43"W L5 L4 N N 249.82' CD LO CD o �r ZONE R-8 � o AREA=12.158 z ACRES v� L3 ZONE R-40 AREA=17.458 ACRES N 0-4 CV 00 L6 AREAO ZONE ---- ACRES J LINE TABLE oN L1 LINE LENGTH BEARING w L1 112.51' N89'59'36"W 00 rn L2 104.81' NO'06'20"W o o co L3 112.70' S89'58'17"E to z N N o L4 129.13' N89'56'05"W ro 3 L5 59.52' N88'43'36"W in ' w L6 46.97' N89'56'05"W M o =� Ln S89'58'43"E L7 L8 o L7 56.77' N88'33'04"E O 427.00' Z L8 129.17' S89'56'05"E 00 CV O S89'59'24"W 795.12' S89'59'24"W 519.85' CURVE TABLE INTERSTATE 1-84 tn CURVE LENGTH RADIUS DELTA BEARING CHORD \pNp1.LA/y�sG `ST C1 199.11' 125.00' 91'15'53" S44'25'59"W 178.72' 13 C2 84.04' 53.50' 90'00'13" S44'58'37"E 75.66' a 1 1 1 18 O W. OVERLAND RD.24 �, /4 0' 100' 200' 400' I ���rTF C F Land Surveying and Consulting QN H/. NP 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax JOB NO. 23-64 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW (:�VE Nty AND DECISION&ORDER In the Matter of the Request for Modification to the Existing Development Agreement(DA) (Inst. #108131100),which Allows Commercial/Office/Hotel Uses to Develop on the Site,to Replace it with a New DA Allowing a Mix of Residential Uses to Develop on the Site,including Single-Family Detached and Attached Dwellings, Townhouse Dwellings, and Multi-family Residential Apartments; Rezone of a Total of 41.89 Acres of Land from the C-G to the R-8 (12.16 Acres),R-15 (12.27 Acres)and R-40(17.46 Acres)Zoning Districts; Preliminary plat Consisting of 130 Buildable Lots [83 Single-family,45 Townhome and Two(2)Multi-family] and 20 Common Lots on 38.05 Acres of Land in the R-8,R-15 and R-40 Zoning Districts; and, Conditional Use Permit for a Multi- family Development Consisting of 280 Residential Apartment Units on 15.88 Acres of Land in the R-40 Zoning District for Tanner Creek Subdivision,by Engineering Solutions,LLP. Case No(s). H-2022-0048 For the City Council Hearing Date of. November 21,2023(Findings on December 5,2023) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 21, 2023, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 21, 2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 21, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 21, 2023, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TANNER CREEK MDA RZ PP CUP H-2022-0048 1 - 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 21, 2023,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a modification to the Development Agreement,preliminary plat, rezone and conditional use permit is hereby approved per the provisions in the Staff Report for the hearing date of November 21,2023, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again(UDC 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TANNER CREEK MDA RZ PP CUP H-2022-0048 -2- Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. 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 § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted,including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52, title 67,Idaho Code.This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of November 21, 2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TANNER CREEK MDA RZ PP CUP H-2022-0048 -3- By action of the City Council at its regular meeting held on the 5th day of December 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 E. Si 12-5-2023 Attest: (�2L(;� Chris Jo n 12-5- City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: �, CI�t�J:�<„` Dated: 12-5-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TANNER CREEK MDA RZ PP CUP H-2022-0048 -4- STAFF REPORT El� � COMMUNITY DEVELOPMENT DEPARTMENT HEARING November 21,2023 Legend DATE: [�Pro}ect Laca�ian TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 10 SUBJECT: H-2022-0048 F__ Tanner Creek LOCATION: 675 W. Waltman Ln., in the SE '/4 of Section 13, Township 3N.,Range 1 W. (Parcels: S 1213428050; S1213428301; S1213428010; x S1213427890; S1213427880; ' S1213427872; S1213427860; Imo S1213428020; S1213427840) I. PROJECT DESCRIPTION The Applicant has submitted applications for the following: • Modification to the existing Development Agreement(DA) (Inst. #108131100),which allows commercial/office/hotel uses to develop on the site,to replace it with a new DA allowing a mix of residential uses to develop on the site, including single-family detached and attached dwellings,townhouse dwellings, and multi-family residential apartments; • Rezone of a total of 41.89 acres of land from the C-G to the R-8 (12.16 acres),R-15 (12.27 acres)and R-40 (17.46 acres)zoning districts; • Preliminary plat consisting of 130 buildable lots [83 single-family,45 townhome and two (2)multi-family] and 20 common lots on 38.05 acres of land in the R-8,R-15 and R-40 zoning districts; and, • Conditional use permit for a multi-family development consisting of 280 residential apartment units on 15.88 acres of land in the R-40 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 38.05 Future Land Use Designation Medium-Density Residential(MDR)(3+/-acre strip along west boundary)&Mixed- Use Community(MU-C)on the remaining 35+/-acres of the property[Note:An application is in process(H-2021-00991-84&Meridian Road)to amend the FL UM for this property from MU-C to MHDR.] Existing Land Use I Vacant/undeveloped land(pasture) Proposed Land Uses Residential(single-family detached/attached,townhome and multi-family apartments) Current Zoning C-G Proposed Zoning R-8(12.16 acres),R-15(12.27 acres)and R-40(17.46 acres) Lots(#and type;bldg/common) 130 buildable/20 common Phasing plan(#of phases) 4 Number of Residential Units 408 units[83 single-family(attached/detached),45 townhome&280 multi- (type of units) family/apartment] Density(gross&net) 10.72 gross(overall); 16.44 net(overall) Open Space(acres,total [%]/ SFR-3.66 acres(16.6%)—street buffers,parkways,internal common open space areas buffer/qualified) MFR—4.06 acres—street buffer,linear open space,open space areas greater than 5,000 s.f.in area,areas greater than the dimensions of 20'x 20' Amenities Children's playground, '/z basketball court,pickleball court,pathways(SFR);clubhouse, swimming pool,playground with covered sitting area,internal pathways and a 10'wide multi-use pathway,plaza,shade structure&benches,pickleball court(MFR) Physical Features(waterways, The Ten Mile Creek runs along east boundary,a small portion of the site is within the hazards,flood plain,hillside) floodplain Neighborhood meeting date 6/30/22&9/27/23 History(previous approvals) AZ-06-063 (DA#108131100);PP-08-001;TE-10-028;TEC-12-008;TEC-14-005;H- 2016-0008(PP exp.4/7/18);H-2018-0023(CPAM,CUP,MDA,PP,RZ—denied);H- 2020-0024(CPAM,CUP,MDA,PP,RZ—denied) B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • TIS(yes/no) Yes • Level of Service(LOS) The TIS in 2018 noted that all studied roadways and intersections were anticipated to operate at an acceptable level of service at build-out of the development. • Existing Conditions Waltman Ln.is improved with 2-travel lanes,25' of pavement&no curb,gutter or sidewalk abutting the site. • CIP/IFYWP Capital Improvements Plan{CIPV Integrarted Plve Year Work Pro irPYwP); • unct r Rood is senwuled in We 0_YV1rP to 0a w10eE1ee7 to 5-lanes iron)Owerisna Road Io Franklin Road wdh an undlelemtine d date Ttrs dtss FHA inctudle fundurg foi rrUs porleon of the J-94 tiverphss The inters anon of Franklin Road and Linder Rofpd rti lined in the CIP ro tAe vndered to fi- -muz on JhF,narlh IF,,g,(i-Wnes on the soeath,7-r$na,5 East. enp 7-lane5❑)the west IeQ, Bn[I _.sgmlizad trefwaen 2D21 and.Mlo. Access One(1)access is proposed via Ruddy Dr.,a local street stubbed at the site's west (Arterial/Collectors/State boundary;two(2)accesses(1 public street, 1 driveway)are proposed via Waltman Ln,a Hwy/Local)(Existing and local street along the site's north boundary. Proposed) Proposed Road Improvements Corporate Dr.is proposed to be extended from its current terminus north of Ten Mile Creek south to Waltman Ln.within existing right-of-way;this will include construction of a new bridge over the creek.Waltman Ln.is proposed to be widened and reconstruction of the bridge over the Ten Mile Creek is required.See the ACHD report in Section IX.J for more info. Fire Service • Distance to Fire Station 1.3 miles from Fire Station#1 • Fire Response Time • Resource Reliability 82%(meets target goal of 80%or greater) • Risk Identification 4(current resources would not be adequate to supply service) • Accessibility Meets all required access,road widths and turnarounds as proposed • Special/resource needs Aerial device(can meet this need if required);hazmat event will require mutual aid; structure fire will require an additional truck company;water rescue teams would require mutual aid • Water Supply 1,000 gallons/minute for 1-hour(maybe less for sprinklered buildings) • Other Resources Police Service • Distance to Police Station 1.6 miles • Police Response Time 2:46 minutes(expected);3:58 minutes(average) • Calls for Service 5,176 within 1-mile(6/1/21-5/31/23) • %of calls for service split See comments by priority • Accessibility See comments • Specialty/resource needs None • Crimes 665 (6/l/21-5/31/23) • Crashes 88(6/l/21-5/31/23) • Other Reports West Ada School District No comments received Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed 0 Ten Mile • Estimated Project Sewer ERU's See application • WRRF Declining Balance 13.91 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns I Flow is committed—see Public Works Site Specific Conditions Water • Distance to Services Directly adjacent • Pressure Zone 3 • Estimated Project Water ERU's See application • Water Quality Concerns None • Project Consistent with Water Yes Master Plan • Impacts/concerns See Public Works Site Specific Conditions 1 r 1 t � -ill I l i i ■ - '=-� r�ti �„ 11111. ..I. " — 111■1II INNNI•r�i R PW INS ElftNN -- III NG III I +IIII I I 9i 111�11 11■ OVERLA C ALA 1..� JL I� I ►1i Imo_ "* I�~.s _ eR A 211°WE ' - it f •n- ■ uuv � f -ul Ilnl - � ��■ "�11115111a • uuu11 p 1uw - ... HAMIUMilar ■ ■ SEEN■N■■1M 1 Nil �N1 1 .n I mill �uu� ` i NI 11■ �I ■ .1 . . l ■" _Iiiiil N�• �� ' �uNm INN"'�.+. n I I■ II.- 1. ■� Z ■11111 "1 " III1IIN 111= NII IR: liffiii �Z II'-_ ^ �■ 11 IIII �, . :�� ' 111 ■1111■1 . m� 111111 IIIY"I INIIIIIIIIII10M+I+� 1 1■1 2 iii j _ s lii== ■u■ : 7 ONE 111x III��11111111 III ISIII��. �,�. --- it � — • �� " III .��i ■ - J• ,III I II ■ uuur - rw ■ ■■ 11111 IIJ SEES on • =—_ ■ NONEIII - -- - - Be , ■ , • • 11 i C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 10/3/2023 11/5/2023 Radius notification mailed to properties within 300 feet 9/29/2023 11/3/2023 Public hearing notice sign posted 10/7/2023 11/5/2023 on site Nextdoor posting 9/28/2023 11/3/2023 V. COMPREHENSIVE PLAN ANALYSIS (https://www.meridianciby.or /ccoompplan) LAND USE: Existing Future Land Use Map (FLUM) designations: This property is primarily designated MU-C(Mixed Use—Community) on the FLUM with a narrow sliver of Medium Density Residential(MDR) along the western portion of the site consisting of approximately three(3)acres. The purpose of the MU-C designation is to allocate areas where community-servicing 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 have a tendency to be larger than in MU-N(Mixed-Use Neighborhood)designated areas but not as large as in MU-R (Mixed Use—Regional)designated 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 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. The MDR designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. Proposed FLUM designations: The I-84 and Meridian Road application(H-2021-0099), currently in process for the adjacent property to the east,requests an amendment to the FLUM from MU-C to Commercial for that property and from MU-C to Medium High-Density Residential(MHDR) for the subject property(see exhibit in Section VIII.J). The narrow sliver of MDR is proposed to remain along the west boundary to ensure transition of uses as previously desired by the Comprehensive Plan Committee which is accounted for on the proposed plat. The MHDR designation allows for a mix of dwelling types including townhouses, condominiums, and apartments. Residential gross densities should range from eight to twelve dwelling units per acre. These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high-quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity. Note: The initial FLUM amendment request for the property to the east was from MU-C to Mixed-Use Regional (MU-R). The Commission recommended denial to City Council based on their belief the proposed use isn't consistent with the general mixed-use development guidelines, the existing MU-C or the proposed MU-R guidelines; they also felt a Traffic Impact Study (TIS)was needed. Council heard the application and remanded it back to the Commission in order to be reviewed concurrently with the subject application in an effort to determine consistency with the Comprehensive Plan for the overall property. After review of these applications, it's Staff's opinion the proposed development plans for both projects are largely inconsistent with the purpose statements and development guidelines in the Comprehensive Plan for the general mixed use and specific land uses (i.e. MU-C and MU-R)for the following reasons: I)functional and physical integration of land uses is desired—these are two separate residential and commercial developments with only a pedestrian pathway proposed for interconnectivity—no integration of uses is proposed;2) a mixed use project should include at least three(3) types of land uses—only two (2) are proposed[i.e. residential and commercial(includes retail, restaurants, etc.)]; 3) community serving facilities such as hospitals, clinics, churches, schools,parks, daycares, civic buildings, or public safety facilities are desired—none are proposed; 4)supportive and proportional public and/or quasi public spaces and places, including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are expected—none are proposed; 5) mixed-use areas should be centered around spaces that are well-designed and integrated public and quasi- public centers of activity that are activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play—no such public/quasi-public areas are proposed; 6) a mixed use project should serve as a public transit location for future park-and-ride lots, bus stops, shuttle bus stops and/or other innovative or alternate modes of transportation—no such stops or lots are proposed; 7) community-serving uses and dwellings should be seamlessly integrated into the urban fabric for an integration of a variety of uses to avoid mainly single-use and strip commercial type buildings (MU-C)—single-use developments are proposed that are not well-integrated; 8) vertically integrated structures are encouraged— none are proposed(MU-C); 9) integration of a variety of uses together, including residential as a supporting use, to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses (MU-R)—no residential uses are included in the proposed MU-R designated area, which creates a single use development with only commercial uses; and 10) retail commercial uses should comprise a maximum of 50%of the development area (MU-R)—most if not all of the proposed MU-R designated area consists of commercial/retail uses, no residential, office, civic or other uses are proposed. For this reason, Staff recommended the Applicant of the adjacent project(i.e. 1-84&Meridian Rd.) change their request for a map amendment from the MU-R to the Commercial designation and include a map amendment on the subject property from MU-C to MHDR, as agreed to by both Applicants. This change better aligns with the proposed development plans for both properties and in Staff's opinion is more compatible with adjacent existing and future residential development in the area and provides a good transition between these uses to the proposed commercial uses to the east and is more appropriate than the existing and previously proposed designation. Proposed Use:A mix of residential uses(i.e. single-family detached and attached and townhouse dwellings and multi-family apartments)is proposed at an overall gross density of 10.72 units/acre,which is consistent with the proposed MHDR FLUM designation. Pathways and sidewalks are proposed throughout the development for internal pedestrian connectivity as well as to the multi-use pathway planned along the Ten Mile Creek and to the proposed commercial development to the east. The proposed site design provides a good transition of uses with larger lots on the periphery of the development and smaller lots internal to the development, and higher density residential uses(i.e. apartments) on the eastern portion of the site adjacent to proposed commercial uses. DESTINATION:DOWNTOWN The subject property is located within the downtown urban renewal district. Future development of this area is guided by the Destination:Downtown vision plan,which was adopted as part of the Comprehensive Plan.Note: This plan is currently mid-way through an 18-month update process; however, Meridian Development Corporation (MDC) does not anticipate the vision changing much for this area. The subject property is part of the Southern Gateway Entertainment&Hospitality District,which consists of 260 acres generally located between Franklin Rd. and I-84. Major characteristics of this district are as follows: 1)bike paths and trails; 2)hotel and upscale restaurant uses; 3)expand and upgrade park& speedway;4) extensive landscaping; 5) locate a multi-purpose sports facility; and 6)gateway features. Land uses desired in this area include retail/dining(25%), office(25%),light industry (25%) and roads/utlitites/institutional(25%). The proposed use of the property is not consistent with the vision of the Plan for this district. Bike/pedestrian paths and trails are proposed along the frontage of the property along Waltman Ln. and along the Ten Mile Creek as desired. While the existing conceptual development plan that was approved with annexation of the property in 2006 is largely consistent with the vision of the Plan, it doesn't seem feasible as the property has sat vacant for the past 17+years, largely due to access and transportation issues associated with such a high intense commercial development. Other considerations exist that have a part in contemplation of a different, less intense, land use in this area, as follows: • The amendment to the FLUM to MU-C in 2019 supersedes the commercial elements envisioned under the Plan. • Regional entertainment uses have instead developed south of 1-84 with several major expansions (i.e. Wahooz, Pinz,Roaring Springs and the Galaxy Event Center). • Growth in the downtown district has evolved differently that initially expected. MDC hasn't reserved funding originally planned to support large-scale public-private partnerships, and no public improvements were made in advance to incentivize development in alignment with the Plan. Additional land consolidation has also not occurred to accomplish the vision of the Plan. • Recently, City Council showed some willingness to consider the type of development proposed when they remanded the I-84 and Meridian Rd.project back to the Commission to be heard concurrently with the subject application. The desire was for both properties to come in with a master plan for the entire area to be more consistent with the mixed use development guidelines and specifically the MU-R designation they were requesting and for the transportation issues to be addressed. • A lesser intense land use such as residential will result in less traffic congestion in this area and will be more compatible with existing and future adjacent residential land uses. TRANSPORTATION: Access is proposed via Waltman Lane, a local street, at the project's north boundary and via the extension of W. Ruddy Dr.,a local street, at the project's west boundary. ACHD's Master Street Map(MSM) designates Waltman Ln. as a collector street from Meridian Rd. west to the future extension of Corporate Dr. Due to the increased traffic anticipated with this development,ACHD recommends the collector street designation is extended to the west to Kearney Ave. Improvements are required to Waltman Ln.,including reconstruction of the bridge over the Ten Mile Creek,with the second phase of development as outlined in the ACHD staffMport. The extension of Corporate Drive, designated as a collector street on the MSM, including construction of a bridge over the Ten Mile Creek, from the north to Waltman Lane is proposed to be completed with the first phase of development prior to issuance of a building permit. This will provide additional access to the site while the bridge across the Ten Mile Creek on Waltman Lane is being reconstructed with the improvements to Waltman Ln. See ACHD report for more information. The proposed change to the FLUM from MU-C to MHDR and development agreement modification to allow for residential uses to develop on the site instead of commercial uses as currently entitled,will greatly reduce the overall traffic impacts in this area on Waltman Ln., at the Waltman Ln./Meridian Rd. intersection and the Meridian Rd./1-84 interchange. For comparison,the ACHD report states this development is estimated to generate 2,884 vehicle trips per day(VTD) (260 vehicle trips per hour in the PM peak hour). In the ACHD report from 2008 for the Browning Plaza preliminary plat(PP-08-001)application,the entitled commercial development was estimated to generate approximately 10,300 VTD (975 vehicle trips per hour in the PM peak hour) at buildout according to the TIS submitted at that time. Although traffic impacts will be reduced if the proposed change to the FLUM is approved,there is still existing congestion in this area that will worsen significantly if this property and the adjacent property to the east develop at this time as proposed. Based on the findings of The Traffic Impact Study(TIS) for the proposed 1-84&Meridian Road project to the east,which included the subject proposed development,the Meridian Rd./Waltman Ln. intersection would exceed ACHD's Acceptable Level of Service thresholds. With previous development applications for these properties,ACHD did not recommend any mitigation at the intersection due to right-of-way(ROW)constraints, impacts to existing businesses, and substantial intersection redesign and construction, making the recommended mitigation infeasible. A letter prepared by Six Mile Engineering, dated 1/23/23, in response to comments and feedback during the City Council hearing for the Meridian Rd. &1-84 project was submitted to ACHD proposing phased alternative improvements at the Meridian Rd./Waltman Ln. intersection to address traffic impacts from these developments. A three-phase concept design was proposed in which the first two designs did not require any additional ROW dedication and the final phase did. ACHD reviewed their proposal and does not recommend any modifications to the intersection as under all concept designs,these modifications would negatively impact existing operations of both the interchange and ramps. ACHD's concerns also extended to the impacts the proposed modifications would have to the Central Dr. and Corporate Dr. intersections at Main St. and Progress Ave. While the proposed improvements may benefit both of these proposed developments in the short-term, they'll likely negatively impact the already congested area roadways and intersections. These improvements without significant widening increase corridor travel times and interchange queue lengths, further compounding existing congestion in this area. ACHD believes there are other alternatives that may be considered such as converting Central Dr./Waltman Ln. and Corporate Dr. to a one-way couplet,which is anticipated to reduce both queue lengths and the impacts to the Meridian Rd. and the 1-84 interchange system(see ACHD's letter for more information). The construction of the Linder Road overpass(1/2 mile to the west), scheduled in ACHD's IFYWP for construction in 2026-2027,should greatly improve traffic conditions on Meridian Rd.by providing another north/south connection over I-84.The Commission and City Council should consider if higher levels of traffic and congestion in this area are acceptable when acting on this application.If not, consideration should be given to the inclusion of a provision in the Development Agreement,which limits development to the single-family and townhome portions of the development at this time and delays the multi-family portion of the development until such time as the Linder Road overpass is completed or other area improvements occur that allow for an acceptable level of service to be provided,as determined by ACHD. COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /ccoompplan): 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/attached and townhome dwellings and multi family apartments will contribute to the variety of housing types in the City as desired. A mix of alley- and front-loaded units are proposed for added variety in the style of the units. • "Improve and protect creeks and other natural waterways throughout commercial, industrial, and residential areas."(4.05.01D) The Ten Mile Creek, which runs along the project's east boundary, is proposed to be re-vegetated and improved with development on the west side that lies within the subject property. The creek should also be protected during construction. • "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."(2.01.01 G) Four(4) different residential housing types are proposed in this development(i.e. single-family detached, single-family attached, townhome and multi family apartments). A range of lot sizes are proposed for these units, which will accommodate a variety of housing styles consisting of I-and 2-story units. • "Limit canal tiling and piping of creeks, sloughs, laterals, and drains to man-made facilities where public safety issues cannot be mitigated or are not of concern."(4.05.01C) The Ten Mile Creek, which runs along the project's east boundary, is required to remain open as a natural amenity and not be piped. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land."(3.07.00) The proposed single-family, townhome and multi family residential uses should be compatible with existing and future medium-density residential uses to the west and north. The proposed design, with larger lots for single-family detached homes on the periphery and smaller lots for single-family attached and townhomes on the interior, transitions well to existing and future adjacent residential uses and the multi family apartments on the east side of the site adjacent, which in turn transitions well to planned commercial uses to the east. The proposed design should minimize conflicts and maximize use of land. • "With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities."(2.02.01A) Pedestrian pathways areproposed to the amenities in the central common area in the single-family portion of the development, which connect to pathways in the central common area in the multi family portion of the development and extend to the multi-use pathway along the Ten Mile Creek. The large central common area in the single-family portion and the linear open space in the multi family portion of the development provide much usable open space with quality amenities as desired. • "Encourage the incorporation of creek corridors as amenities in development design."(4.05.02C) The Ten Mile Creek corridor is proposed to be improved as an amenity with a segment of the City's regional pathway system along the west side of the creek. • "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 proposed 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) Although there are some County zoned properties at the northwest corner and to the north of this site, the larger area is surrounded by properties that have been annexed and developed in the City. Development of this infill property will result in more efficient provision of public services. (Note: The County zoned property to the east is part of the I-84 and Meridian Road annexation application that's currently in process.) • "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. • "Require collectors consistent with the ACHD Master Street Map (MSM), generally at/near the mid-mile location within the Area of City Impact." (6.01.03B) The MSM depicts the extension of Corporate Dr. and the portion of Waltman Ln. east of Corporate Dr. to Meridian Rd. as a collector street. Due to the increased traffic anticipated with this development,ACHD recommends the collector street designation is extended to the west to Kearney Ave. • "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) The proposed vacant parcels are within the City limits and the larger area is surrounded by properties already developed in the City. The development of this property will result in better provision of City services. Based on the analysis above, Staff finds the proposed development plan is generally consistent with the requested FLUM designation of MHDR for this site and is compatible with adjacent existing and future residential land uses.Note:If the proposed amendment to the FLUM is not approved with H-2021-00099, Staff finds theproposed development is not consistent with the existing MU-C FLUM designation for the reasons noted above. VI. STAFF ANALYSIS A. DEVELOPMENT AGREEMENT MODIFICATION(MDA) The existing Development Agreement(DA) (Boise Waltman—Inst. #108131100), approved in 2008, allows for the development of commercial/office/hotel uses on this site. Because that development plan has not been viable and the property has sat vacant since that time,the Applicant proposes a change to the development plan for the site. A modification to the DA is proposed for the purpose of replacing the agreement with a new agreement allowing for the development of a mix of single-family detached and attached dwellings,townhome dwellings and multi-family residential apartments on the site consistent with the plan included in Section VIII.I. The existing DA includes two(2) different conceptual development plans for the site as shown in Section VIII.A. These plans depict approximately 400,000 square feet of professional office,hotel,big box retail and smaller retail spaces. The proposed development plan with single-family detached homes adjacent to existing single-family detached homes to the west in The Landing subdivision and future medium-density residential uses to the north across Waltman Ln., single-family attached and townhome dwellings internal to the development,and multi-family apartments on the eastern portion of the development provides a good transition to proposed commercial/retail uses to the east across the Ten Mile Creek with the concurrent I-84 and Meridian Road application(H-2021- 0099) (see Section VIII.C). History: Two (2)previous development applications for this site were denied by City Council, one in 2018 (H— 2018-0023)and another in 2020 (H-2020-0024). The first,which included a request for an amendment to the FLUM from Commercial to MHDR,was denied due to the finding that the proposed amendment wasn't in the best interest of the City for the following reasons: 1)Concern that the property will not be maintained consistently due to different ownership of the structures and associated areas; 2)Desire for the applicant to participate in the Comprehensive Plan update that's currently in process,rather than requesting an amendment to the FLUM outside of that process; 3)Preference for commercial employment type uses to develop on this property rather than residential as the original plan proposed; 4)Concern related to impact on area schools, proposed density and traffic(i.e.resulting safety hazards); and 5) Conclusion that the timing wasn't right for an amendment to the FLUM(a City initiated update to the plan was in process at that time) and the development of the property as proposed.Note:Between the application in 2018 and the one in 2020 the FLUM designation for this property was changed from Commercial to Mixed-Use Community(MU-C) with the City's update to the Comprehensive Plan, which allowed the subsequent application to be submitted without an amendment to the FLUM. With the second application, Council found the proposed rezone was not in the best interest of the City because the sole residential use of the property was not consistent with the MU-C designation. Further, Council didn't want to set a precedent by"floating"a FLUM designation(i.e.MDR)and burdening the adjacent property to the east with providing only the non-residential component of the mix of uses desired for this area per the Comprehensive Plan. The proposed residential development plan is largely the same as those previously submitted for this site. However,the key difference is that a development application is concurrently in process for the 70+/-acres of land directly to the east across the Ten Mile Creek as mentioned above (i.e. I-84&Meridian Rd.H-2021-0099) and an amendment to the FLUM is proposed to MHDR,which supports the proposed uses and is compatible with adjacent existing and future development. Because the proposed development plan for this site has completely changed from the conceptual commercial development previously approved and the terms of the agreement are no longer applicable, Staff is supportive of the request for a new DA to replace the existing agreement based on the proposed development plan. Staff s recommended provisions for the new DA are included in Section VIII.A.1 and the development plans for the overall site are included in Section VIII.Note:If the amendment to the FLUMproposed with H-2021-0099 is not approved, Staff is not supportive of the proposed MDA (and consequently the RZ, PP and CUP applications)per the analysis above in Section V due to inconsistency of the proposed development plan with the MU-C designation. B. REZONE(RZ) A rezone of a total of 41.89 acres of land,including adjacent right-of-way, from the C-G to the R-8 (12.16 acres),R-15 (12.27 acres) and R-40(17.46 acres)zoning districts is proposed for the development of a mix of single-family detached and attached dwellings,townhouse dwellings and multi-family apartments. The proposed uses and zoning districts are consistent with the amendment to the FLUM proposed with H-2021-0099 to the MHDR designation. Legal descriptions and exhibit maps for the areas proposed to be rezoned are included below in Section VIII.B. The Allowed Uses table in UDC Table 11-2A-2 for residential districts lists single-family detached and attached dwellings and townhouse dwellings as principal permitted uses in the proposed R-8 and R-15 zoning districts; and multi-family developments as a conditional use in the R-40 zoning district, subject to the specific use standards listed in UDC 11-4-3-27. The City may require a development agreement(DA)in conjunction with a rezone pursuant to Idaho Code section 67-6511A. Because a DA already exists on this property,the Applicant requests a modification to the DA(MDA)to replace the existing agreement with a new agreement consistent with the proposed development plan as discussed in Section VI.A above. To ensure the site develops as proposed with this application,staff recommends the provisions included in Section VIII are included in a new DA for the subject property. C. PRELIMINARY PLAT(PP) A preliminary plat is proposed consisting of 130 buildable lots [83 single-family(16 alley-loaded, 67 front- loaded),45 alley-loaded townhome and 2 multi-family] for a variety of housing types and 20 common lots on 38.05 acres of land in the proposed R-8,R-15 and R-40 zoning districts. The single-family lots range in size from 3,850 to 10,536 square feet(s.f.)with an average lot size of 5,132 s.f. A total of 16 alley-loaded homes and 67 front-loaded homes are proposed with lot widths of 40, 50 and 60 feet. A total of 45 alley-loaded townhomes are proposed with lot sizes ranging from 2,400 to 3,884 s.f. with an average lot size of 2,739 s.f. The proposed plat results in an overall gross density of 10.72 units/acre and a net density of 16.44 units/acre, which is consistent with the FLUM amendment proposed with H-2021-0099. Phasing: The plat is proposed to develop in four(4)phases as shown in Section VIII.C. The Applicant requests flexibility in the phasing to adjust the number of lots,combination of lots and number of phases to reflect changing market conditions. Staff is amenable to this request unless otherwise restricted in the Cooperative Development Agreement with Ada County Highway District(ACHD) or as otherwise approved by City Council. Because noise from I-84 will greatly affect future residents in this area, Staff recommends noise abatement in the form of a berm and wall is constructed per the standards listed in UDC 11-3H-4D in its entirety with the first phase of development as a provision of the Development Agreement. The Applicant requests these improvements be constructed with Phases 3 and 4,prior to issuance of Certificates of Occupancies within each phase. Existing Structures/Site Improvements: There are several existing structures on this site that are required to be removed prior to signature on the final plat for the phase in which they are located. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the UDC dimensional standards for the associated zoning districts is required, as follows: Table I1-2A-6 for the R-8 zoning district; Table 11-2A-7 for the R-15 zoning district; and Table 11-2A-8 for the R-40 zoning district. The standards for all development in residential districts are listed in 11-2A-3.Depict zero (0)lot lines where single-family attached and townhome units are proposed to span over property lines. Access(UDC 11-3A-3): One (1)public street access is proposed via the extension of W. Ruddy Dr., a local street, at the west boundary of the site and two(2)accesses (one public street and one driveway)are proposed via W. Waltman Ln., an existing local street to be designated a collector street from Meridian Rd. to S. Kearney Ave.with this development. A stub street(S.W. 7th Ave.) is proposed to the out-parcel(Cooper property#51213428090) at the northwest corner of the site for future extension and/or access. UDC 11-3A-3A.3 requires all subdivisions to provide local street access to any use that currently takes direct access from a collector street unless otherwise waived by City Council. Because the adjacent property to the east only has access via Waltman Ln.,a collector street,a local street with a vehicular bridge over the Ten Mile Creek that includes a minimum 5-foot wide pedestrian walkway on at least one side,should be provided in lieu of the proposed pedestrian connection. Three(3) common driveways are proposed off internal public streets that are required to be constructed in accord with the standards listed in UDC 11-6C-3D. Exhibits for these driveways are included in Section VIII.D that demonstrate compliance with the required standards. The landscape plan submitted with the final plat application should be revised to depict 5-foot wide landscape buffers planted with shrubs,lawn or other vegetative groundcover where solid fencing is proposed adjacent to the common driveway as set forth in UDC 11-6C-3D.5.A perpetual ingress/egress easement is required to be noted on the final plat,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment.Address signage should be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. Three(3) alleys are proposed off internal public streets that are required to comply with and be constructed in accord with the standards listed in UDC 11-6C-3B.5. Include a cross-section of the typical alley on the plat. For addressing purposes and for wayfinding in the event of an emergency,the Fire Dept. is requesting private streets are provided within the multi-family portion of the development. A private street application shall be submitted that demonstrates compliance with the standards listed in UDC 11-3F-4. Road Improvements: The Applicant proposes to construct the extension of Corporate Dr., a collector street, off-site from its current terminus north of Ten Mile Creek to Waltman Ln.within existing ROW with the first phase of development(54 building lots). The construction of Corporate Dr.will include the construction of a new bridge over the Ten Mile Creek. This will provide additional access to the site and provide for additional access while the Ten Mile Creek bridge on Waltman is being reconstructed. The roadway north of the bridge should be constructed as a 40-foot wide commercial street section with vertical curb, gutter and 5-foot wide concrete sidewalk. The crossing of Ten Mile Creek will require a 58-foot wide bridge with 2-foot parapets. Staff recommends the roadway south of the bridge to Waltman Lane is constructed as a complete street section with detached 10-foot wide multi-use pathways along both sides of the street.These improvements will occur with the first phase of development(54 lots)and shall be complete prior to issuance of any building permits. The Applicant proposes to construct Waltman Lane as 1/2 of a 36-foot wide street section with curb, gutter, an 8- foot wide planter strip/parkway and a 10-foot wide detached sidewalk within 29-feet of right-of-way(ROW) from centerline with 7-feet of the sidewalk located outside of the dedicated ROW abutting the site. All improvements are proposed to be constructed south of the existing edge of pavement for Waltman Ln., shifting the centerline 8-feet south to the south. ACHD is requiring the Applicant to construct the north side of Waltman with a minimum of 12-feet of pavement from centerline, a 3-foot wide gravel shoulder and a borrow ditch to accommodate the roadway storm run-off. Center turn lanes are required to be constructed on Waltman Ln. at the apartment driveway. The improvements to Waltman Ln. will require reconstruction of the existing bridge over the Ten Mile Creek as a full 36-foot street section with curb and 5-foot wide attached concrete sidewalks. This will require a 54-foot wide bridge with 2-foot parapets. These improvements should be completed as required by ACHD in the Cooperative Development Agreement. Pathways (UDC 11-3A-8): A 14-foot wide segment of the City's regional pathway is depicted on the Pathways Master Plan along the west side of the Ten Mile Creek. A 10-foot wide multi-use pathway is proposed consistent with the Plan with a pedestrian bridge over the creek for connectivity with the proposed commercial development to the east. A pedestrian easement is required to be submitted to the Planning Division for this pathway in accord with Park's Dept. requirements. Sidewalks (UDC 11-3A-17): Sidewalks are required to be constructed adjacent to all public streets as set forth in UDC 11-3A-17 as proposed. The UDC requires 5-foot wide detached sidewalks to be constructed along all collector streets(i.e. W. Waltman Ln. and Corporate Dr.). Parkways (UDC 11-3A-17): Parkways are required to be constructed and landscaped per the standards listed in UDC 11-3A-17E. Landscaped parkways are proposed along W. Ruddy Dr./S. Kearney Ave. and W. Waltman Ln. in accord with UDC standards. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided as set forth in UDC Tables 11-2A-6 for the R-8 district, H- 2A-7 for the R-15 district and 11-2A-8 for the R-40 district and planted in accord with the updated standards listed in UDC 11-3B-7C. Street buffers are required to be placed in a common lot or on a permanent dedicated buffer easement,maintained by the property owner or homeowner's association. A 20-foot wide street buffer is required along W. Waltman Ln.,to be designated as a collector street with this development; a 37-foot wide buffer is proposed with a 3-foot tall landscaped berm and a 10-foot wide detached sidewalk. Common open space areas are required to be landscaped per the standards listed in UDC 11-3G-5B. Landscaping is proposed in these areas in excess of the minimum standards. The open space landscape requirements on the Landscape Requirements table on the landscape plan should be revised to reflect the updated standard of one(1)deciduous tree for every 5,000 square feet of common open space. Landscaping is required to be provided along pathways per the standards listed in UDC 11-3B-12C. Minimum 5-foot wide landscape strips are required along each side of all pathways planted with a mix of trees, shrubs,lawn and/or other vegetative ground cover with a minimum of one(1)tree per 100 linear feet of pathway; shrubs should be added on the west side of the pathway along the creek in accord with this standard. Include mitigation information on the landscape plan submitted with the final plat application as applicable for tree preservation in accord with the standards listed in UDC 11-3B-I0C. Qualified Open Space& Site Amenities (UDC 11-3G): The single-family and townhome portion of the development is subject to the qualified open space and site amenity standards listed in UDC 11-3G-3.A minimum of 15%qualified open space is required to be provided for the R-8 and R-15 zone in accord with the quality standards listed in UDC 11-3G-3A.2 and shall comply with the standards listed in UDC 11-3G-3B. Based on the acreage of the R-8 and R-15 zoned portion of the development(i.e. 22.03-acres), a minimum of 3.30-acres of qualified open space is required. The open space exhibit included in Section VIII.G depicts 3.66- acres of qualified open space, exceeding the minimum standard by 0.36-acre. Proposed qualified areas consist of 100%of the collector street buffer along Waltman Ln. (on the single-family&townhome portion of the development),which is required to have enhanced landscaping as set forth in UDC 11-3B-7C.3 for entryway corridors and comply with the standards listed in UDC 11-3G-3B.2. The multi family portion of the development is also required to provide common open space per the standards listed in UDC 11-4-3-27C in addition to this requirement(see analysis below). Based on the acreage of the R-8 and R-15 zoned portion of the development(i.e. 22.03-acres), a minimum of four(4)points of site amenities are required per UDC 11-3G-4A; a list of qualified site amenities and associated point values are included in UDC Table I1-3G-4. The following amenities and associated point values are proposed: a tot lot with benches (1 point), a half basketball court and a pickleball court with benches(i.e.paved sports court at 4 points each=8 points),multi-use pathway along Waltman Ln. and along the Ten Mile Creek (1/4+mile—2 points), exceeding the minimum standard by 7 points. The multi family portion of the development is also required toprovide site amenitiesper the standards listed in UDC 11-4-3-27 in addition to this requirement(see analysis below under Conditional Use Permit). Fencing(UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-7. A combination of 6-foot tall solid vinyl fencing and 6-foot tall wrought iron fencing is proposed as shown on the landscape plan. A 9-foot tall berm with a 6-foot tall rhino rock stamped concrete wall is proposed within the street buffer along the southern boundary of the site as noise abatement to buffer the residential uses from the traffic on 1-84 in accord with UDC 11-3H-4D;the wall is proposed to be staggered every linear 300' in accord with UDC standards to avoid a monotonous wall(see detail in Section VIIIY). The detail of the wall should be revised on the landscape plan submitted with the final plat application to include the centerline of the west- bound travel to demonstrate compliance with the requirement for the berm/wall to be a minimum of 10 feet higher than the elevation at the centerline of the state highway. Existing Easements: There is an existing 100-foot wide irrigation easement(50' each side of centerline) for the Ten Mile Creek held by NMID along the east boundary of the site as depicted on the plat, some of which lies on the adjacent property to the east. A 20-foot wide City sewer easement also exists along the east boundary of the site as depicted on the plat. Waterways: The Ten Mile Creek runs along the east boundary of the site and is required to be left open as a natural amenity and not be piped as set forth in UDC 11-3A-6B.1 as proposed. Flood Zone: A portion of the site along the east boundary lies within Flood Zone"A"per FEMA Map #16001CO232H. This site is not within the floodplain. Utilities: 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. An existing 15-inch sewer main lies along the east half of the Waltman Ln. frontage and along the west top of bank of the Ten Mile Creek through the site. The 8-inch sewer main connection will be in Waltman Ln. and will serve the entire site via gravity sewer. An existing 12-inch water main is located in Waltman Ln. along the full frontage of the site. This subdivision will connect in Waltman at two locations and also to the existing 8"stub located at the Landing Subdivision stub street(Ruddy)at the west boundary. See Section VIII.B below for Public Works comments/conditions. Pressurized Irrigation System: A regional pressure irrigation pump station is proposed to be constructed with this development to NMID standards with a Ten Mile Creek takeout in the northeast corner of the site near Waltman Ln. Pressure irrigation distribution lines and individual lot services will be provided to all lots in the subdivision. Pressurized irrigation systems should comply with the standards set forth in UDC 11-3A-15. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A Geotech report was submitted for this development. Storm drainage is proposed to be mitigated by underground seepage beds and/or retention ponds in accord with ACHD design criteria. Stormwater swales incorporated into required landscape areas are required to be vegetated with grass or other appropriate plant materials and designed to accommodate the required number of trees as per UDC 11-3B-7 if located in a street buffer or other required landscape area. Building Elevations (UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed residential structures on the site as shown in Section VIII.I. One and two-story single-family detached and townhome dwellings are proposed with a mix of front-loaded and alley-loaded styles in a mix of materials and colors. Single-story homes are proposed along the southern boundary adjacent to I-84 to minimize the sound impact to residents. In the multi-family portion of the development, one (1)2-story and 11 3-story apartment buildings are proposed containing 16-units and 24-units,respectively along with a single-story clubhouse.A mix of materials are proposed consisting of stucco and horizontal and vertical siding with stone veneer accents. The 2-story multi- family building is proposed along the northern boundary adjacent to Waltman Ln. to minimize bulk and wall effect. Staff recommends The rear and/or sides of new homes facing Interstate 84 and W.Waltman Ln. 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.Single-story structures are exemptfrom this requirement. All single-family attached,townhome and multi-family structures are required to comply with the design standards listed in the Architectural Standards Manual; single-family detached structures are exempt from this requirement. An administrative Design Review application is required to be submitted for approval of the design of all single-family attached and townhome structures in the development prior to submittal of building permit application for those structures.An application for Certificate of Zoning Compliance is also required to be submitted along with Design Review for the multi-family portion of the development. D. CONDITIONAL USE PERMIT(CUP) Conditional use permit for a multi-family development consisting of 280 residential units on 15.88 acres of land in the R-40 zoning district. A total of(94) 1-bedroom units, (152)2-bedroom units and(34) 3-bedroom units are proposed in 12 structures on the eastern portion of the site. 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: Site Design: 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. The proposed site plan complies with this standard. 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. The site plan depicts screened trash enclosures not visible from a public street; all proposed transformer/utility vaults and other service areas shall comply with this requirement. 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 11-513-5 of this title.Floor plans were submitted that depict porches or balconies for each unit in accord with this standard. 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. 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. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title.Ninety-four(94) 1-bedroom units, (152)2-bedroom units and(34) 3-bedroom units are proposed(parking is not required for the clubhouse). Based on the number of units proposed, a total of 575 spaces are required with 280 of those in a covered carport or garage. A total of 581 spaces are proposed with 280 of those in a covered carport or garage, which exceeds the minimum standard by six (6)spaces. Based on the number of vehicle parking spaces proposed, a minimum of 23 bicycle parking spaces should be provided dispersed throughout the development. Developments with twenty(20)units or more shall provide the following: • A property management office. • A maintenance storage area. • A central mailbox location, including provisions for parcel mail,that provide safe pedestrian and/or vehicular access. • 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 property management office and maintenance storage area are depicted on the floor plan for the clubhouse. Central mailbox locations are proposed at the trash enclosures and a directory&map of the development is provided at the clubhouse. The site plan submitted with the Certificate of Zoning Compliance should clearly depict the location of these items. Common Open Space Design Requirements: 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. When multi-family is approved concurrently with single-family,the minimum open space requirements in UDC 11-3G-3 shall apply to the gross land area of entire development (i.e. 15%).Based on 15.88 acres, a minimum of 103,760 sf. (or 2.38 acres) is required that meets the standards listed in UDC 11-4-3-2 7C.2, 3, 4 and 5. The proposed common open space areas all have direct pedestrian access,high visibility,comply with CPTED standards and support a range of leisure and play activities and uses as desired. Open space is accessible and well-connected throughout the development by pathways and visually accessible along the collector street in accord with UDC 11-4-3-27C.2. 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,which may be included in the minimum required open space total. The minimum size of common grassy areas shall be at least 5,000 s.f. in area and is required to increase proportionately as the number of units increase and be commensurate to the size of the multi-family 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. Several open grassy areas are provided that exceed 5,000 s.f. in area,which Staff feels is commensurate with the size of the development. In addition to the baseline open space requirement, a minimum outdoor common open space is required, as follows: 250 s.f. for each unit containing more than 500 and up to 1,200 s.f. of living area(246 units x 250 s.f. =61,500 s.f. or 1.41 acres)and 350 s.f. for each unit containing more than 1,200 s.f. (34 units x 350 s.f. = 11,900 s.f. or 0.27 acre),which equals 73,400 s.f. or 1.68 acres. With the baseline requirement(i.e. 103,760 s.f. or 2.38 acres), a minimum of 177,160 s.£ or 4.06 acres of qualified common open space is required overall.A total of 4.37 acres is proposed to be provided as shown in Section VIII.G; however, there are a couple of areas that don't meet the standards for qualified open space as follows: the 10'wide strip along the west boundary of the site consisting of 10,196 sf. (or 0.23 acre) is below the minimum width dimension of 20'; and the area at the northeast corner of the site on the other side of the creek consisting of 3,802 sf. (or 0.09 acre) is not well-connected or accessible from this development except by the pathway along Waltman Ln. Without these areas, 4.05 acres is still provided, which rounded down to the whole number, meets the minimum standard. 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')per UDC 11-4-3-27C.5. The common open space areas depicted on the open space exhibit in Section VIII.G meet this requirement except for the linear area along the west boundary adjacent to parking as mentioned above. 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 per UDC 11-4-3-27C.6. The multi family component of this project is proposed to be developed in two (2)phases as shown on the phasing plan in Section HIT C and appears to comply with this standard. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial streets 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 per UDC 11-4- 3-27C.7.A 3-foot tall berm is proposed within the street buffer along Waltman Ln., a collector street, which should be increased to 4-feet in height. Site Development Amenities: For multi-family developments with 75 units or more, four(4)amenities are required to be provided with at least one(1)from each category listed in UDC 11-4-3-27D(i.e. quality of life, open space,recreation,multi-modal). For developments with more than 100 units,the decision-making body should require additional amenities commensuarate to he size of the proposed development. The applicant proposes amenities from each of the required categories as follows: a 5,750 s.f. clubhouse with a fitness facility,dog washing facilities, a cycle shop and tenant storage closets; a covered patio with BBQ at the clubhouse, a gazebo at the pool deck, a picnic gazebo at play area,greenbelt plaza, swimming pool& spa with changing facilities &restrooms,children's play structure/tot lot, a pickleball sports court, a bicycle repair station and charging stations for electric vehicles. Staff is of the opinon the proposed amenities are commensurate with the 280-unit apartment project proposed and meet and exceed the requirement. Landscaping Requirements: Landscaping is required in accord with the standards in UDC 11-313. All street facing elevations are required to have landscaping along their foundation as follows: the landscaped area shall be at least three feet(3')wide; for every three(3) linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches(24") shall be planted; and ground cover plants are required to be planted in the remainder of the landscaped area.Landscaping is depicted along the foundation of elevations that face Waltman Ln. that appears to comply with this standard. 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 and submit a recorded copy of this document to the Planning Division prior to issuance of Certificate of Occupancy for the first structure within the development. Police access under exigent circumstances: Multifamily developments with units that take access via secured common corridors are required to install and maintain a keyless entry system, or suitable alternative, to provide police access to the common corridors under exigent circumstances. The keyless entry system or alternative shall be subject to review and approval by the Meridian Police Department. Private Streets: As noted above, for addressing purposes and for wayfinding in the event of an emergency, the Fire Dept. is requesting private streets are provided within the multi-family portion of the development. A private street application shall be submitted that demonstrates compliance with the standards listed in UDC 11-3F-4. VII. DECISION A. Staff: Staff recommends approval of the proposed MDA,RZ,PP and CUP applications per the provisions included in Section VIII in accord with the Findings in Section IX if the proposed amendment to the FLUM is approved with H-2021-0099. If the proposed amendment is not approved, Staff recommends denial of the proposed MDA,and consequently the RZ,PP and CUP applications per the analysis in Section V due to inconsistency of the proposed development plan with the MU-C designation as noted above. B. The Meridian Planning&Zoning Commission heard these items on(continued from October 19, 2023)November 2, 2023. At the public hearing,the Commission moved to recommend approval of the subject MDA, RZ, PP and CUP requests. 1. Summary of Commission public hearing_ a. In favor: Becky McKay,Engineering Solutions (Applicant's Representative) b. In opposition:None C. Commenting d. Written testimony: Heath McMahon e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Ke. ids)of public testimony a. Not in support of this project due the(high) density_proposed and negative impact on traffic in this area. b. Safety of area residents with the traffic that will be generated from this development and the commercial development to the east. 3. Ke, ids)of discussion by Commission: a. The request by the Applicant to not be required to provide a vehicular connection to the east across the Ten Mile Creek to the adjacent commercial development. The Commission was in favor of Council granting a waiver to not require a connection. b. Concern regarding the phasing of the development in relation to construction of the Linder Road overpass. 4. Commission change(s)to Staff recommendation: a. At Staff s request,modify DA provision#lb to require the extension of Corporate Dr. to be constructed as required by ACHD. b. Include a DA provision that requires the Linder Road overpass to be completed prior to issuance of the first Certificate of Occupant'in the multi-family development(see Section IX. A.1h). 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on November 21,2023. At the public hearing,the Council moved to approve the subject MDA. RZ. PP and CUP reauests. 1. Summary of the City Council public hearing: a. In favor: Becky McKay,Engineering Solutions:Leah Kelsey, Six Mile Engineering b. In opposition: Joe Lorcher, Steve McCarthy:Joe Lorcher,Kelsey Lorcher: Clair Manning,William Kissinger; Ken Freeze C. Commenting: Kurt Lee:Justin Lucas.ACHD d. Written testimony: Becky McKay,Engineering Solutions(Applicant response to Commission recommendation); 23 letters of public testimony(see public record) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Joe Bongiomo,Fire Dept.: Shawn Haroer. Police Dept. 2. Key issue(s)of public testimony: a. Concern pertaining to overcrowding of area schools if this development is approved- b. Concern pertaining to traffic impact from this development and no access to I-84 with the Linder Road overnass: c. Concern pertaining to pedestrian/bicycle safety with traffic coming through Ruddy Dr. to Waltman Ln. and increased traffic at the Meridian/Waltman intersection: d. Preference for a lower density development plan(i.e. single-family homes no apartments, smaller offices,entertainment uses): e. Inconsistency of the proposed development plan with the vision of the Destination: Downtown plan and Comprehensive Plan: f. Consider limiting density permanently or until there's a resolution in the future to the traffic issues in this area. Desire for the City to take a break on approving new projects to give existing approved projects a chance to catch up and be built and see what the impacts are. 3. Key issues)of discussion by City Council: a. Traffic level of service once Corporate Dr. is extended: b. Questions pertaining to traffic solutions for this area posed to ACHD: C. Concern pertaining to the proposed amendment to the FLUM: 4. City Council change(s)to Commission recommendation. a. Council approved the Applicant's requests for a modification to DA provision A d to change the timing of construction of the noise abatement wall&berm along 1-84 from the first phase of development to the first phase that's platted adjacent to 1-84:the removal of DA provision#lh,which requires the Linder Road overpass to be completed piror to issuance of the first Certificate of Occupancy within the multi-family development: and deletion of PP condition#2c,which requires a bridge to be constructed and a vehicular connection provided to the east across the Ten Mile Creek for interconnectivity with the commercial property to the east. VIII. EXHIBITS A. Conceptual Development Plans Included in Existing Development Agreement 510 MAIR NOTI1 HH*ffHM � DIFHFIFIIH I-f K, C L UUU]. 110 Waltman AnnexII Metrkfian.ldcft B. Rezone Legal Descriptions and Exhibit Map Legal Description Tanner Creek Subdivision —Zone R-8 A parcel being located in the SE '/a of Section 13, Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho, and more particularly described as follows: Commencing at a 518 inch diameter iron pin marking the northwest corner of said SE l (C l Corner),from which a brass cap monument marking the northeast corner of said SE'/d('/4 Corner) bears S 8g°52'43"E a distance of 2642,71 feat; Thence S 89°52'53" E along the northerly boundary of said SE 3/4 a distance of 250.00 feet to the POINT OF BEGINNING; Thence continuing along said northerly boundary S 89°52'53" E a distance of 543.81 feet to a point; Thence leaving said northerly boundary S 0°01'45" VV a distance of 196.36 feet to a point; Thence N 89°56'05" W a distance of 129.13 feet to a point, Thence N 88`43'36' W a distance of 59.52 feet to a point; Thence N 89`52'43"W a distance of 305.30 feet to a point; Thence S 0°04'14"W a distance of 331.54 feet to a point of curvature; Thence a distance of 199.11 feet along the arc of a 125.00 foot radius curve right, said curve having a central angle of 91 015'53"and a long chord bearing S 44°25'59"IN a distance of 178.72 feet to a point of tangency; Thence N 89°56'05"W a distance of 46.97 feet to a point; Thence S 0'01'30"W a distance of 422.85 feet to a point of curvature; Thence a distance of 84.04 feet along the arc of a 53.50 foot radius curve left, said curve having a central angle of 90°00'13" and a long chord bearing S 44°58237" E a distance of 75.66 feet#o a point of tangency; Thence S 89058'43" F a distance of 427.00 feet to a point; Thence N 88°33'04" E a distance of 56.77 feet to a point; Thence S 89°56'05" E a distance of 129.17 feet to a point; Thence S 0°00'04"VV a distance of 301.28 feet to a point on the centerline of Interstate 84; Thence along said centerline S 89'59'24"W a distance of 795.12 feet to a point on the westerly boundary of said SE '/a; Thence along said westerly boundary N 0"03'55"E a distance of 1189.59 feet to a point; Uin dSol Wio Tanner Creek—R-S Zone Lnna surveying and Con" S Page 1 of t Job N4.Za-54 Thence leaving said westerly boundary S 89044'33" E a distance of 249.82 feet to a point; Thence N 0°0638" E a distance of 242.69 feel to the POINT OF BEGINNING. This parcel contains 12.158 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS oNNi Lq pps Land Solutions, PC p October 19, 2023 ypw 5 Te 9m a 11118 a " foll9l�-3s rON W. NP d olluut7uns Tanner crank—R-8 Zone Page 2 N 2 Job No.23 M Legal Description Tanner Creek Subdivision — Zone R-15 A parcel being located in the NW''/.of the BE Z of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northwest comer of said NW '/. of the BE Z (C '/. Comer), from which a brass cap monument marking the northeast comer of the BE Ya(% Corner) of said Section 13 bears S 89°52'43" E a distance of 2642.71 feet; Thence S 89052'53" E along the northerly boundary of said NW Y. of the SE % a distance of 793.81 feet to a point; Thence leaving said northerly boundary S 0"01'45"W a distance of 1%.W feet to the POINT OF BEGINNING; Thence continuing S W01'45" W a distance of 427.80 feet to a point; Thence N 89058'17" W a distance of 112.70 feet to a point; Thence S 0"OB'20" E a distance of 104.81 feet to a point, Thence S 89'59'36" E a distance of 112.51 feet to a point; Thence S 00OPO4"W a distance of 399,65 feet to a point; Thence N 89456'05" W a distance of 129.17 feet to a polo; Thence S 68°33'04" W a distance of 56,77 feet to a point; Thence N 89058'43" W a distance of 427.00 feel to a point of curvature; Thence a distance of 84.04 feet along the arc of a 53.50 tam radius curve right, said curve having a central angle of 90°00'l3" and a long chord hearing N 44'56'37" W a distance of 75.66 feet to a point of tangency; Thence N 0°01'30° E a distance of 422.85 feet to a point; Thence S 89056'05" E a distance of 46.97 feet to a point of curvature; Thence a distance of 199.11 feet along the are of a 125.00 foot radius curve left, said curve having a central angle of 91°15'S3" and a long chord bearing N 44025'59" E a distance of 178.72 feet to a point of tangency; Thence N 0°04'14" E a distance of 331.54 feel to a point; Thence S 8905243' E a distance of 305.30 feet to a point, Thence S 88-43'36" E a distance of 59.52 feet to a point; -4in ioblutlons Tanner Creek—R-iSZone n n n Page1M2 Join Na 2M4 Thence S 89'55'05' E a distance of 129.13 feet to the POINT OF BEGINNING. This parcel contains 12.272 acres and is subject to any easements existing or in use. nton Lalnd S� PLSolutions, PC lb October 18, 2023 Ldnd37olutfons Tense Creek—R.15 zone wm.e Page 2 of Job No.23-M Legal Description Tanner Creek Subdivision —Zone R40 A parcel being located in the SE X of Section 13, Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho, and more particularly described as follows: Commencing at a 518 inch diameter iron pin marking the northwest corner of said NW%of the SE'/4(C %Corner), from which a brass cap monument marking the northeast corner of the SE %(%Conrer)all Section 13 bears S 69052'4Y E a distance of 2642.71 feet, Thence S 89°52'S3" E along the northerly boundary of said NW % of the SE Y. a distance of 793.81 feel to the POINT OF BEGINNING; Thence continuing along said northerly boundary S 89052'43" E a distance of 527.62 feet to a point marking the northeast Corner of said NW"/e of the SE Z; Thence along the easterly boundary of said NW Z of the SE Ya S 0019'27"W a distance of 1428.67 feet to a paint on the centerline of Interstate 84; Thence leaving said easterly boundary and along said centerline S 89659'24" W a distance of 519.a5 feat to a point; Thence leaving said centerline N 0000'04" E a distance of 700.93 feet to a point, Thence N 89059'36"W a distance of 112.51 feet to a point; Thence N 0°06'20"W a distance of 104.81 feet to a point Thence S 89'58'17' E a distance of 112,70 feet to a point; Thence N 0001'45"E a distance of 624,16 feet to the POINT OF BEGINNING. This parcel contains 17.458 acres and is subject to any easements existing or in use. Clinton W. Hansen andSolutions,Cns, PC PLS Land October 19,2023 LandS�oiutions TennerCiest—n4omne Job No.23.64 TANNER CREEK SUBDIVISION - ZONING EXHIBIT CITY OF MERIDIAN REZONE-R-8, R-15, R-40 LOCATED IN THE BE 114 OF SECTION 13, T3N, Ri W, SM,ADA COUNTY, IDAHO BASIS 6� NG 1 4 C 1/6 W. WALTLIAN If1, 589524SE 264131' 3Q16 zxiao' 543.81' 527.62 lul.za' 1 I POINT OF BEGINNING POINT OF m BEGINNING p Jrsg n R-8 BEGNNING R-40 I A I 305.30' R-15 g S89'44'33°E m NM'52'43'W L5 L4 N 249.82' 3 ONE R-8 o AREA=12.758 ACRES O L3 ZONE R-40 3 _ AREA=17.458 ACRES LB ZONE R-15 AREA=12.272 ACRES ineOI < L1 11NE IFNGTI B NG 3 1-1 112,51' N09'59'WW 104.51' N09690'W N p o ' - ^ 13 11].]0' 59950'I7E $ z m g L4 129.13' N69'S6'05°W L5 59.52' N68'93'35'W gL6 46.97' N8956'OS'W �� 589'58'43°E l7 LB L7 %.n' NMVWE 427.00' L8 129.17' S0956'OS'E S89'59'240W 795.12' S89'59'24°W 519.85' 7Q INTERSTATE I-84 r NRl£ 1FNGM NPpOs OFLTA 6EAkNG CHMO `OPAL LANOSG d 1 199.11' I2500 911553' I S44R5'59'W 176IY ZQ 15TER 'A< 1 C2 I 84.0E M50' 1 90CG13' 1 Sb%371 7596' W. OVERLAND RD. n'nalo�1915°4�i 1/4 0' 100' 200' 400' Ld4olutions lsm 251E S ST, cal.mulR oN W.NP rmelxa�wo"¢°ml�.. C. Preliminary Plat(date: 7/6/2023)&Phasing Plan t J I I 41 y k y NQO'SST IO�S01' �ilrlfAl,'i' Iry M g3 a I � x003'S5T zzs.00' �� aO i' .4. 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Common Driveway Exhibits THE LANDING SUBDIVISION NO 11 - FENCE (SEE LANDSCAPE PLAN) X --X X- 3E �F --X 10' SIDE (BOUNDARY) r-------------------------------------------- 12' REAR -----------------� Z N' 20 0 0 �Z 7 Onni , cn , co® co , A 6 O i Un NJ S O M fV c � � V L------------------------------------ 5' SIDE r� cn n , 5' SIDE r o - m ' ------------------------------------� -ri fn G Cn 1 -p oz 20' 5' � a o� o m SHARED MIN. w o �^ DRIVEWAY oo z -" o z - --�25' DRIVEWAY �, Z �O t" a cn z z * >< n M m ------------------------------------ m 5' SIDE n 5' SIDE z a SW 7TH AVE. CD z� 'D N 41 n r�*rn N 5' SIDE 5' SIDE o r--------------- ---- ------------i SJ' 41- C7 fTt N 'O n J CD i O) O 'n O c g M l______------------------------- 5' SIDE m I I` , Z00 Z mom _ r m Page 32 tD 5' SIDE r-------------- ------------- c� C-,)m C71 AI 00 cz) S-2 ;l: 5 FAO CD m L-------------------------------J X 5' SIDE X 5' SIDE CC5 -------------- ------------ C> e M cz, v) C, m cu m --j m m c>m c- S. MAYLAYAN AVE. m m 1z, CD L-------------------------------J 5' SIDE X X m 5' SIDE -------------------------------- 4c, m m C�l m M: m o cy) 20' 5 -20' FRONT SHARED )IMIN. DRIVEWAY ------------------------------- x 5' SIDE 5 X 5' SIDE C:l cl CD L I CD C7. CD Z! C—=t: 20' Z7 ----------------------------------------j 1.: ------------- 10' SIDE (BOUNDARY) 12' REAR -F X X X MULTI FAMILY LOT FENCE (SEE LANDSCAPE PLAN) MULTI FAMILY LOT K m rz) 00 0 CA r Page 33 5'r-00 co ------------- SIDE--------------- O C3 C�l 0 C) O CD tz) r1i co m =Fj 5' SIDE X x 5' SIDE" r----------------------------- W (D 4 m >< CD 0 Z: C) c) Z S. m �(----------4------ MAYLAYAN AVE. 5' SIDE x 5'-SIDE--------------- CD 5 C/) 20' MIN. 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Preliminary Plat Legal Description&Exhibit Map/Area Subject to Development Agreement Lesai Description Tanner Creek Preliminary Plat A parcel being located in the NW%of the SE f4 of Section 13,Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho, and more particularly described as follows Commencing at a 518 inch diameter iron pin marking the northwest corner of said NW'/4 of the SE % (C %, Corner), front which a brass cap monument marking the northeast corner of the SE %('/Corner)of said Section 13 bears S 89°52'43" E a distance of 2642.71 feet; Thence 5 89'52'53" E along the northerly boundary of said NVV % of the SE X a distance of 250.00 feet to a point; Thence leaving said northerly boundary S 0°06'36" W a distance of 17.74 feet to a paint on the southerly right-cf-way of VV.Waltman Lane and the POINT OF BEGINNING; Thence along said southerly right-of-way 5 89'42'17" E a distance of 1071.35 feet to a point on the easterly boundary of said NW'/. of the SE%: Thence along said easterly boundary S 0°19'27°VV a distance of 1260,57 feet to a point on the northerly right-of-way of Interstate 84; Thence leaving said easterly boundary and along said northerly right-of-way the following described courses and distances: Thence S 84'03'21"VV a distance of 43.25 feet to a point; Thence S 82'20'06"VV a distance of 275.70 feet to a point; Thence N 89`57'23" W a distance of 999-43 feet to a point on the westerly boundary of said NW'l of the SE'/4; Thence leaving said northerly right-of-way and along said westerly boundary N 0°03'55" E a distance of 1082.73 feet to a point; Thence leaving said westerly boundary S 89°44'33" E a distance of 249.82 feet to a paint, Thence N 0°06'36" E a distance of 224.95 feet to the POINT OF BEGINNING_ This parcel contains 38.05 acres and is subject to any easements existing or in use_ �p,L LA1yp Clinton W. Hansen, PLS ,s T F s� Land Solutions, PC ' October 16, 2023 d ¢ 11118 � VV �r .pT� ❑F y�P ��� Tanner Creek Preliminary Plat Lciindolutions ��1 LWMSurvW V7 dCcmultl"p Job No.23-64 TANNER CREEK SUBDIVISION PRELIMINARY PLAT EXHIBIT LOCATED IN THE NW i/4 OF THESE 1/4 OF SECTION 13, T3N, Ri W, BM,ADA COUNTY, IDAHO C 1/4 BASIS T GEAWNG t/4 W. WALTNAN Ui.� 58952'4a'E 2G4zn'nn _ _ —_—_ 1321 ID' w �SB9'42'17°E 1071.35' POINT OF a � o � BECANNING - Iry 3 S89444'33°E '^ 249.82' 3 PROPOSED TANNER CREEK SUBDINSION AREA=38.05 ACRES gA � z 43 P 584'03'21? 275.70' N89'S7'23'W 999.43' 58220'06°W I X INTERSTATE I-84 I \O�pLLANp �t �d W. OOERWID RD. 244 1 A LAn O'uttons 0' 100' 200' 400' nC�'FIA. OF A0' �O P L 31E 5uV 8 Aentl CarouWng N W.H F. Landscape Plan(dated: 8/10/23) orrr a�wee ipi�SrtR�a FE LANDSCAPE OUIRDWENT5WMEMEWTS �1 - --- - -- z a . W Ok In �" _ ,-.,=_rs...,-. �Y•��r-•�l�W,_-.. _ ,t,�_.-, Ste_ .. _' -.vL.-�-r^-"+^•mac;• - II ....... - •� �:ri 'I bw _ ! m 4 &9EIM Meg LLl JD .� .� Q raga-•-� ;tom' y�y,_T.�. . .�!" E�j a-vea U ¢Wye I z ' _ ;x VA L*2 .���;°4!;�PELPAEFO C�I.LO�J�I.E�w4 -04 -S =11 II r j MAP '�_—_ - �:—wigs"r,FeL7F;�__" � - '� •+ �� ,;.��� - - -- � �1C F ._� � _ °TT'•i'er.. L�..� —___— .�,.�:��. win . lih� 11 '� to - ►:_:. = I T 4}� 18ir I �- :. _. C4; Fi:.FD-t4C.F--GORR+Nr. LkHUGG-APE JJO TO&114M NM W kWA FfWPAIUT"-QTM PFO:%-AAT*N KM5 m SE STER MiiNl 1M -77-� JFJFF PKaErTM Pjpyjr� -2 af PRIM--- M :OtT� WM JOATELfAll UGM 33M .1111—. M---LT F---t A--V- 75 0 2 zt±7 [L IC LLJ v 5!1z L F- WN,57, T%OT -t-- I NEE:WIMAIW,WTEE t7 U6 -96= .3== T8, MIS% a:,2 MU pv-)uulrJRr)N�IMX L On u L L66N I VA, Ltd iCkmoRnck ram RHINOROCK FENCE SPECIFICATIONS 1x^ —108 Te re 1� Tow TW V" II . TECHNICAL INFORMATION:Rills OOk Fence Panel DImn"10,of ^e 192 cm x "a cm R'xw]' Wright of panel ana hp 2KIbe Wright per a.ea 21.5kg/m 4991be/h Tal of Panel 115mm 05" EPS Fall e[Mane,, 0-hel 2.5d]5. ass 11 Ib¢knese re ura wn[re es a Barn 5/16. %Alan cash ay volume a<.w% Cumerea:Ise strength of pwprla cry ml,clads aa0'rv/mz 5eoo pal uNlmaferennestre—V o eta:— .emmr[ee[en[rete 9s,10 -1.4,10'N/m' xaoo.zloo pn wind load sap del panel 225Mm/h laompM1 wkA v6 saletylager 1111 [apaeltyofpanel 16"k9/Ilnaal all oolhs/IlnealtoN e abwhpMOnaFFPS Fpam whe bam ltal Into y% i gaze erren e,M1ellll Non embuselde Fmere/thawperbrmanhe 200 freeze thaw case;Moth no scandal adds,fungus,or mushrosm attack none trogna food source road G. Qualified Open Space Exhibit(dated: 8/7/23)& Site Amenities CITY OF MERIDIAN SINGLE FAMILY (R-8 AND R-15) OPEN SPACE REQUIREMENTS QUALIFIED OPEN SPACE I�6 OPEN 5PA0! I� YOfAL APEA• REQUIRED: PRf.NIDEl7: (d1ALI I IID OPBd WA I WA,302 5F I0.0 5 0-W AW �134AE2 MM AQ -NC TM: 7FIE 5UiI g1ALIPIED OPEN 5PAGE A?- M OF 26,932 5.P.IN 7NE RAO ZONE(SEE Fx ISIT XI,O),EXr,FFrM THE OAALIF1Ep OPEN SPACE pEFIOIT OF IIPeI8 5F.IN T17NE9 Ra AND 1213,TIE VP.PU*IN RAp IS TO M AmLIPP TO aCp AN;'III LANDSCAPE LEGEND M WALTMAN LAND d1ALIFl3<D d'1<N 9PA6f s I'- AREA=18,901 30.FT. W.BROWN TROUT DR AREA=1,932 SQ.FT. AREA=5,594 80.FT. W 7 d AREA=28,3715O.FT. } W AREA=1,9013 SO.FT. 0`- W Y W.EID w 4 J. vv.. ;�Y C:•R. li AREA=74.342 SO.FT. O I I Q D z d r Vr'BACKWOODS DR. S a L d ui = a � Y W J � � J C a 0 52 ff J 0 [ri I13 d A R E C.1.790 SQ.FT. W.JACKSNIPE DR. � 1"=200'-0" arT12023 TANNER CREEK PR❑JECT#:23051 WALTMAN LANE, MERIDIAN OPEN SPACE EXHIBIT X1.1 r� ` " ■ a■ it �_ \apt .•� �� ���-u�� e�c�l I rI� ;'i/r i'i / l l�0 ('i 1/(� ;I l �(�I iii ■ ::::awr-:::�::::::::::::::::e:::::::::::::::::::::� mm��:::e •-•- u��■ ■ " ■ " � 3 " ;�11111111111�%1S111U1U�� ILL PROJECTTANNER CREEK 1 4 ► ► LANE, MERIDIAN OPEN SPACE EXHIBIT r '• �'• - 6RECK01M r J EL ECREATIONI i Creek ■ ; a 1 h -� a - �' .�■ � � � � � � � �� � Tanner Creak - | � H. Site Plan for Multi-Family Portion of Development(date: 7/12/2023) TAMER CREEK APARTMENTS i1L7W U,I�IBIfIPI.iMMG =rr.•w• r�.a_ Yr� +AiI111105rz1" fu_ _ iPAILfMEMFE7ILDIMLo1TA rT �,rurhW.. Yi' I I •J1dl� �I IRI7YXLl11 ...w�Yv.TR4 - .rt •. IiI I I T�.tri1� --- --.-' I z T' ....� AHATMENTS Z::�P. .�.... ALL J'4 I'. J �w.•M� I - I .� �,. .,r. ,.ter Ar __ •-�•. o�uerE uu4�n IMEP1L �i +�•�••�r{r —i * r.fernw TACD t ra_ 2UMPANWO sm4ow , lgjPRREEN TRH RM. It V y � Ai.� �erwa�a� TRIYR�I.I � f A TT T ! .0 R!& AM FF7 r r GJ Ya ��•a�enr (�'IYY�W/R AY— ��nun.e.�ny. Y "i, '.;. .. . avr �_...._ •I, Cf 4' .sir-i��:�r�a' rurrrrwa+rtrrt — '"Ma ism TAV--— -- 3-2 lb T ID I �R �CIIYI��a.re iWl�f11Y iwr �ti'�= �LL�=-�i�, 111QIfNPYRly1 _ MEMME rrranMan WiF ' ir= �surNn nicer aswno� �su�:a�w� f I CAWW oedre YIGk�'k-7i•i'y''r -�� .. 4.0 I. Building Elevation Photos&Renderings Alley-loaded single-family detached units: Alley-loaded single-family attached units: `' Crb i� Alley-loaded townhome units: Front-loaded single-family detached units: r y A - -' w - 4Rt r r � }� a 'ORM-6ak soon lw r41V - . xr. :..: . `. iiV IA �fii i. n 11 r P ;I�:� ��. . �i 1 1� IIo11 1 1MOW- � r� I all n. I III IIIIII �iE �";'' ��-�� -u nic ryll II C=ME a- -we- -ewe Iq—_ I III IIIIII = '��'� s �:�I�— — I�� I _: 11 11 111 �- ■fil1I11■ 11 11 li �111_ �f� _.�flir rill i-I 11 I AN IA2,..liLimt 11��. 11 .1111�_iif11 I�I,t,flu�.,.11111111 ��_ �I11■ BREW 1 !��■�BFP� - I�� � �Li s ...� ,_t.r.._ La ww APARTMINTS 30jai I IIJ��������I �������� a i! ii ■ �� r r !i!! !sl■ ! �� MIMP urill'eFll'ii!II'i"rli4` ian�_..-I i .lei i�r ..r Immulllu i�� 11li I _IIII'i711Pii��Fi � � '- MiIUWIIIIIIIII m�amie�aieunmiw IIIIIIII a jig l E®��IIIII. II Illlllll.�i i��, nnl�, _ TAO: -21- W40 TIC IEppK�[ a., ■I I - I I TANNER CREEK APARTMENTS aLrwmum 'I MEPMU.KWM II � I7 I 04 91 o I 0 0 kw �t CL IJOUSE FLOOR MM_ � A ■0 CLsi&aQSE I Architectural Plans/Renderings of Subject Property and I-84&Meridian Rd. Property TANNER CREEK 1 - o MERIDIAN DEVELOPMENT CONCEPTUAL SUBRET tUVHANGt R. tiIr I { J ' ON N�; ,�' Pi A M ' ,7Z IF iL �y s PEDEaI�l.54bi6ri�� _ _ x � dp �r Ni ++ J .. Pl UFbTRTAN Co NF'C [ ION -AN 1VlFW - SHOP; b - - E '! FA IF- Aq I V I FR4`k PL'. *E 1 r �+ . - C*-' 4. - IIL"FIB. .M. i r I 1* ■ _ I 4 PLAN VI I - x I _ K. Proposed Change to the FLUM with the I-84&Meridian Road Project(H-2021-0099) Date: 10/12 f 2023 Adopted Land Uses 0 500 1.000 % �� ` Feet �Moto �// i % _ /�',/f / I%� ; Flo 4. IN Legend ® Area of City Impact ■ q{ �0' Future Land Uses � �` //�01 Citywide ' Low Density Residential Medium Density Residential : ■ ff _ ay Med-High Density Residential ■ ITI) ■ r w v Nigh Density Residential ■ ■ r r ■ ■ ■ ■■ ■■ ■ ■ w ■ rt *w - Commercial -- - Otfice ®r - Industrial 1 I ` civic Old Town Proposed Ladd Uses Mixed Use NeighborhoodAgo r� _ r' ® Mixed Use Community . f /.f� pPP Mixed Use Regionalfr�yifi - Mixed Use Non-Residential � %y I r r I I 'r 091 f Mixed Use-interchange f� Ten Mlle Specific f► f�� Law Density Employment 1 ■ -- /:l � Ufestyle Center ; sasI /iQ//% High Density Employment J�/1%J/ , //110 <1 POO Mixed Employment /�---——NZ Mixed Use Residential • • Mixed Use Commercial 06 f/ ��: ". __' �■ • it �, *''!�� ■ s � ETo r wIJ w _1 ■ r ■ . . . . . . . ■ . . ■ . ■ . rt Ii I r Ff End � f IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Development Agreement Modification: 1. The subject property shall no longer be subject to the terms of the existing Development Agreement(DA) (Inst. #108131100)upon the property owner(s) entering into a new agreement. The new DA shall be signed by the property owner(s)and returned to the City within six(6)months of City Council approval of the Findings of Fact, Conclusions of Law and Decision&Order for the Development Agreement Modification and Rezone request. The new DA shall include the following provisions: a. Future development of this site shall be generally consistent with the conceptual site plan, conceptual building elevations,preliminary plat,phasing plan, landscape plan, and qualified open space exhibits included in Section VII and the provisions contained herein. Flexibility in the phasing to adjust the number of lots, combination of lots and number of phases to reflect changing market conditions is permitted unless otherwise restricted herein or in the Cooperative Development Agreement with Ada County Highway District(ACHD). b. The Developer shall construct a bridge across the Ten Mile Creek and extend Corporate Drive from the north to Waltman Lane . a eemplete street sees n with detaehed 10 feet wide multi use...,.t,,,ays .,tong both sides of the street as required by ACHD,prior to issuance of any building permits within the first phase of development. c. The Developer shall widen W. Waltman Lane and reconstruct and widen the bridge across the Ten Mile Creek after the Phase 1 improvements have been made,which include the Corporate Drive extension, as required in the Cooperative Development Agreement with ACHD. d. Noise abatement shall be provided for residential uses adjacent to Interstate 84 in accord with the standards listed in UDC 11-3H-41). The berm and wall in its entirety shall be constructed with the first phase of development that's platted adjacent to I-84 e. The rear and/or sides of new homes facing Interstate 84 and W.Waltman Ln. 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. Single-story structures are exempt from this requirement. f. No building permits shall be issued for this development until the property has been subdivided. g. At no time shall construction traffic associated with the development of this site be allowed to access this site using Ruddy Dr. through The Landing Subdivision. h. The Linder-Read evei:vass shall be eempleted prior-to issuanee of the first CeAifieate of 0 within the malti family Preliminary Plat: 2. The final plat shall include the following revisions: a. Depict zero (0) lot lines where single-family attached and townhome units are proposed to span over property lines. b. Include a cross-section of the typical alley that complies with the standards listed in UDC 11-6C-3B.5. pedestfian bridge proposed--. If City Council grants the waiver,the applicant shall construct the pedestrian bridge and connection as proposed. Council granted a waiver to this requirement. 3. The landscape plan included in Section VII.D shall be revised as follows: a. Depict shrubs within the 5-foot wide strip of landscaping on the west side of the multi-use pathway along the creek in accord with the standards set forth in UDC 11-3B-12C. b. Depict a driveway across Lot 1,Block 2 to the outparcel at the northwest corner of the site(i.e. Martinez property#S 1213428080)in alignment with W. Brown Trout Dr. for future access. c. Revise the detail of the wall along I-84 to demonstrate full compliance with the noise abatement standards listed in UDC 11-3114D, including the depiction of the centerline of the adjacent highway (i.e. 1-84). d. Depict 5-foot wide landscape buffers planted with shrubs,lawn or other vegetative groundcover where solid fencing is proposed adjacent to the common driveway as set forth in UDC 11-6C-3D.5. e. The open space landscape requirements on the Landscape Requirements table shall be revised to reflect the updated standard of one(1)deciduous tree for every 5,000 square feet of common open space as set forth in UDC 11-3G-5B.3. f. Include mitigation information as applicable for tree preservation in accord with the standards listed in UDC 11-3B-IOC. g. Stormwater swales incorporated into required landscape areas are required to be vegetated with grass or other appropriate plant materials and designed to accommodate the required number of trees as per UDC 11-3B-7 if located in a street buffer or other required landscape area. h. In the street buffer along Waltman Ln.,depict enhanced landscaping as set forth in UDC 11-3B-7C.3f for entryway corridors and comply with the standards listed in UDC 11-3G-3B.3. i. Depict a perpetual ingress/egress easement for the common driveways on the plat and include a note with a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment asset forth in UDC 11-6C-3D.8. 4. Address signage needs to be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. 5. All alleys shall be constructed per the standards listed in UDC 11-6C-3B.5. 6. All common driveways shall be constructed per the standards listed in UDC 11-6C-3D as depicted in the exhibits in Section VIII.D. 7. Address signage shall be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. 8. All existing structures on this site are required to be removed prior to signature on the final plat for the phase in which they are located. 9. A 14-foot wide public pedestrian easement for the multi-use pathway shall be submitted to the Planning Division for approval by City Council and subsequent recordation. 10. A private street application shall be submitted for the streets within the multi-family portion of the development. All private streets shall comply with the standards listed in UDC 11-3F-4. 11. The proposed plat and subsequent development is required to comply with the UDC dimensional standards for the associated zoning districts is required, as follows: Table 11-2A-6 for the R-8 zoning district; Table 11-2A-7 for the R-15 zoning district; and Table 11-2A-8 for the R-40 zoning district. The standards for all development in residential districts are listed in 11-2A-3. Conditional Use Permit: 12. The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 13. For each of the multi-family units, a minimum of eighty(80) square feet of private,usable open space shall be provided for each unit as set forth in UDC 11-4-3-27B.3. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Floor plans with square footage noted for patios and balconies shall be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with this standard. 14. 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. 15. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. Depict bicycle racks capable of holding a minimum of 23 bicycles dispersed throughout the development; include a detail for the bicycle rack that complies with the standards listed in UDC 11- 3C-5C. 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 a directory and map of the development at the entrance or convenient location for those entering the development; and a central mailbox location, including provisions for parcel mail,that provide safe pedestrian and/or vehicular access in accord with UDC 11-4-3-27B.7. d. Depict landscaping along the foundations of all street facing elevations adjacent to Waltman Ln as set forth in UDC 11-4-3-27E.2. e. The berm along Waltman Ln. shall be at least four feet(4')in height as set forth in UDC 11-4-3-27C.7, unless otherwise approved through the conditional use process. 16. Developments with units that take access via secured common corridors shall install and maintain a keyless entry system, or suitable alternative,to provide police access to the common corridors under exigent circumstances. The keyless entry system or alternative shall be subject to review and approval by the Meridian Police Department. B. PUBLIC WORKS https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=307656&dbid=0&redo=MeridianCity C. FIRE DEPARTMENT https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=309297&dbid=0&repo=MeridianQV D. POLICE DEPARTMENT https://weblink.meridianciU.or-/WebLink/DocView.aspx?id=305428&dbid=0&repo=MeridianCiV E. PARK'S DEPARTMENT https://weblink.meridiancity.org/WebLink/DocView.aspx?id=305439&dbid=0&repo=MeridianCity&cr=1 F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=306794&dbid=0&r0o=MeridianCiV G. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=306844&dbid=0&repo=Meridian City H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancioy.org/WebLink/DocView.aspx?id=305961&dbid=0&repo=MeridianCitE I. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancitE.org/WebLink/DocView.aspx?id=305608&dbid=0&repo=MeridianCiU J. MERIDIAN DEVELOPMENT CORPORATION(MDC) https://weblink.meridiancily.org/WebLink/DocView.aspx?id=308453&dbid=0&repo=MeridianCity K. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancioy.orzlWebLink/DocView.aspx?id=308348&dbid=0&repo=MeridianCioy Traffic Impact Study (updated): https:llweblink.meridiancitE.or,Q/WebLink/DocView.aspx?id=308355&dbid=0&repo=MeridianCiU Response to Review Comments on TIS Update: https://weblink.meridiancio!.ork/WebLink/DocView.aspx?id=308356&dbid=0&repo=MeridianCioy Traffic Trip Generation Study (2018) & Updated Calculations: https://weblink.meridiancitE.org/WebLink/DocView.aspx?id=187103&dbid=0&repo=MeridianCiU https://weblink.meridiancio!.ork/WebLink/DocView.aspx?id=308358&dbid=0&repo=MeridianCioy X. FINDINGS A. Annexation and/or Rezone(UDC 11-511-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; City Council finds the Applicant's proposal to rezone and develop the subject property with a variety of residential uses is consistent with the associated FL UM amendment to MHDR with H-2021-0099 for the property and the applicable provisions of the Comprehensive Plan as noted above in Section V above. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds the proposed map amendment/rezone and development complies with the purpose statement of the residential districts in that it will provide for a range of housing opportunities for the community consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds the proposed map amendment/rezone should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent existing residential properties to the west, north and east and provide a good transition to proposed commercial uses to the east. 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 City Council finds City services are available to be provided to this development. Comments were not received from West Ada School District. 5. The annexation(as applicable)is in the best interest of city. City Council finds the proposed rezone is in the best interest of the City. B. Preliminary Plat(UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) City Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the Development Agreement provisions and conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; 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; City Council finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's CIR 4. There is public financial capability of supporting services for the proposed development; 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 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) City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. C. Conditional Use Permit(UDC 11-513-6E) 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. City Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-40 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. City Council finds that the proposed use is consistent with the proposed future land use map designation of MHDR and is allowed as a conditional use per UDC Table 11-2A-2 in the R-40 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. City Council finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. 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. The Commission should weigh any public testimony provided to determine if the development will adversely affect other properties in the vicinity. 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. City Council finds that essential public services are available to this property and that the use will be adequately served by these facilities. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Reimbursement Agreement Between City of Meridian and Meridian Development Corporation for the Hunter Lateral Relocation REIMBURSEMENT AGREEMENT BY AND BETWEEN THE MERIDIAN DEVELOPMENT CORPORATION AND THE CITY OF MERIDIAN February 6th , 2024 Hunter Lateral Relocation Reimbursement Agreement Page 0 REIBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT ("Agreement") is entered into as of the 6th day of February , 2024, by and between the MERIDIAN DEVELOPMENT CORPORATION, the urban renewal MDC for the City for Meridian, an independent public body, corporate and politic, organized and existing under the urban renewal laws of the State of Idaho ("MDC") and the CITY OF MERIDIAN, an Idaho municipal corporation ("City"). MDC and City are collectively referred to as "Parties" and may be individually referred to as "Party". RECITALS WHEREAS, MDC owns certain property (MDC Property) and the CITY owns certain property (CITY Property) more specifically described and depicted in Attachment 1 (attached hereto and incorporated herein) and both properties are located within the Union District revenue allocation area ("District") under the jurisdiction of MDC; WHEREAS the Hunter Lateral (Lateral) is an irrigation facility owned by the Nampa Meridian Irrigation District (NMID) and runs through and across both the City and MDC properties, WHEREAS the City and MDC have entered into agreements with NMID and the Ada County Highway District (ACHD) for the relocation of the Lateral to the ACHD right of way; WHEREAS the relocation of the Lateral is a public improvement within the scope of the Union District Urban Renewal Plan adopted by Meridian City Ordinance 20-1882 ("Plan") that will benefit the potential use and redevelopment of the respective properties of the City and MDC and which will enhance the tax base in the District; and Reimbursement Agreement Page 1 n r c WHEREAS, the City is paying the costs to relocate the Lateral to the ACHD right of way and MDC is willing to reimburse the city over time from tax increment funds generated by the MDC Property and the City Property and actually received by MDC during the life of the Union District; and WHEREAS, the public work to be performed in the relocation of the Lateral are set forth in Attachment 2 (attached hereto and incorporated by reference herein) and the costs associated with these public improvements are also set forth in Attachment 2 ("Reimbursable Public Improvements"); WHEREAS, the CITY and MDC desire to enter into this Agreement for the mutual benefit of both entities. NOW, THEREFORE, based upon the mutual consideration, the receipt and sufficiency of which is hereby acknowledged, MDC and City agree as follows: I. SUBJECT OF AGREEMENT A. Agreement The purpose of this Agreement is to effectuate the Plan by making certain irrigation and drainage system improvements in the District and reimburse the City for the costs associated with the relocation of the Lateral from the City Property and MDC Property to the ACHD right of way. A description of the Reimbursable Public Improvements is set forth in Attachment 2. City agrees it will provide for and oversee the completion of the Reimbursable Public Improvements. The recitals above are hereby incorporated into this Agreement as if set forth fully herein. The term of this Agreement shall commence on the date first set forth above through December 31, 2040, unless the Agreement is earlier terminated as provided herein or the Reimbursable Improvements are completed and reimbursement is fully made to the City prior to that date. Reimbursement Agreement Page 2 B. The Plan This Agreement is subject to the provisions of the Plan. C. The Site The MDC Property and the City Property may collectively be referred to as the Site. D. Reimbursable Public Improvements The Reimbursable Public Improvements will improve and enhance the public infrastructure within the District boundaries, improve the opportunity to redevelop the Site and provide for greater public health, safety and welfare. MDC and the City agree that the Reimbursable Public Improvements are in the best public interest, will improve usability and safety, and provide for enhanced development of the Site and the Plan area. The MDC has approved the scope and the cost of the Reimbursable Public Improvements. In consideration of the terms of this Agreement, MDC agrees to reimburse City for the reasonable and actual costs of the Reimbursable Public Improvements in an amount not to exceed $800,970.00. The Reimbursable Public Improvements consist of the improvements described in Attachment 2. The Reimbursable Public Improvements, as described in Attachment 2, are considered all-inclusive and may only be modified by written agreement of the Parties. The aforementioned reimbursement shall be made from ninety percent (90%) of the actual tax increment revenue received pertaining to the Site within the Union District. The reimbursement shall only be made over time from funds actually received by MDC from the Site within the District so reimbursement may be accomplished via multiple payments. MDC shall transmit said payments to City within ninety (90) days of receiving actual funds from the Site. The City assumes the risk that actual funds received by MDC may not be sufficient to fully reimburse the City. MDC agrees to complete reimbursement to the City before reimbursement payments Reimbursement Agreement Page 3 are made to any other entity for reimbursable public improvements made pertaining to the Site pursuant to other development or owner participation agreements entered into after the Effective Date of this Agreement and pertaining to the Site. The Parties agree that any and all reimbursement payments to be made by MDC under this Agreement for the Reimbursable Public Improvements shall be made to City. To receive reimbursement, City must provide written documentation acceptable to MDC from the City and other applicable government agencies with jurisdiction that the Reimbursable Public Improvements have been properly and finally completed and accordance with the applicable plans and specifications and governmental requirements and that the applicable agencies have accepted said improvements. City shall deliver to MDC, along with its request for reimbursement, an itemized statement to the MDC setting forth in detail the total amount of the costs that City believes are eligible and for which they are seeking reimbursement. The request for reimbursement must include the corresponding invoices, receipts and other documentation of the actual costs. Payment terms for reimbursement payments are further described in Attachment 2. City shall, at City's expense, secure or cause to be secured any and all permits, licenses or approvals which are required by the City, or any other governmental entity with authority over by such construction. E. Bodily Injury, Property Damage, and Worker's Compensation Insurance The City shall maintain property and casualty insurance as it has historically done and maintain workers' compensation insurance as required by law during the construction of the Reimbursable Public Improvements. F. Indemnification To the extent permitted by Idaho law, City shall release, defend and hold MDC and its respective officers, agents, consultants and employees harmless from and against all liabilities, obligations, damages, penalties, claims, costs, fees, charges, and expenses, including reasonable architect and attorney fees which may be imposed Reimbursement Agreement Page 4 upon or incurred by or asserted against MDC or its respective officers, agents, consultants and employees by reason of any of the following: a. Any work done in, on, off, or about the Site and the ACHD right of way related to this Agreement, including, without limitation, the construction of any and all facilities and improvements; b. Any use, nonuse, possession, occupation, condition, operation, maintenance, or management of the Site or area, or any part thereof, where the work related to this Agreement is being performed; C. Any negligence on the part of City or any of their agents, consultants, contractors, subcontractors, servants, employees, subtenants, operators, licensees, guests or invitees; d. Any accident, injury, or damage to any person or property occurring in, on, about or enroute to or from the Site or area where the work related to this Agreement is being performed or any part thereof; and/or e. Any failure on the part of City to perform or comply with any of the terms, provisions, covenants, and conditions contained in this Agreement to be performed or complied with on its part. G. Rights of Access During Construction Representatives of MDC shall have the reasonable right of access to the Site without charges or fees, at normal construction hours during the period of construction for the purposes of this Agreement, including, but not limited to, the inspection of the work being performed in rehabilitating and/or constructing the improvements. City shall keep MDC advised of the approval process of City, ACHD, and any other applicable governmental agencies and advise the MDC immediately, if any action of the aforementioned agencies shall affect the scope, schedule and/or purpose of the Agreement. Reimbursement Agreement Page 5 H. Local, State and Federal Laws City shall carry out the construction of the improvements on the Site and the ACHD right of way in conformity with all applicable laws, including all applicable federal and state labor standards. Il. DEFAULTS, REMEDIES, AND TERMINATION A. Defaults in General Subject to any approved extensions of time as set forth in this Agreement, failure or delay by any Party to perform any term or provision of this Agreement constitutes a default under this Agreement. The Party who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay and shall complete such cure, correction, or remedy with reasonable diligence and during any period of curing shall not be in default. The Party claiming default shall give written notice of default to the Party in default specifying the default complained of, and the injured Party may not institute proceedings against the Party in default until thirty (30) days after giving such notice; said thirty (30) days constitutes the period to cure any default. Except as otherwise expressly provided in this Agreement, any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive such Party of its right to institute and maintain any action or proceeding which it may deem necessary to protect, assert, or enforce any such rights or remedies. The time to cure a default shall not commence until notice is provided. B. Legal Actions In addition to any other rights or remedies, any Party may institute legal action to cure, correct, or remedy any default; to recover damages for any default; or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions Reimbursement Agreement Page 6 must be instituted in the District Court of the County of Ada, State of Idaho, in any other appropriate court in that county, or in the United States District Court for the District of Idaho. The nondefaulting Party may also, at their option, cure the default and collect the attorney fees and costs incurred by virtue of curing or correcting the defaulting Party's breach. Further, the nondefaulting Party may pursue an action to require the defaulting Party to specifically perform the terms and conditions of this Agreement. The laws of the State of Idaho shall govern the interpretation and enforcement of this Agreement. C. Rights and Remedies Are Cumulative Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or any other default by the other Party. D. Termination If either Party is in breach or default of the terms of this Agreement, then upon proper notice and opportunity to cure as provided herein, the non-defaulting party may terminate this Agreement. Upon such termination, the non-defaulting party shall have no further liability to the other under this Agreement. III. GENERAL PROVISIONS A. Notices, Demands, and Communications Between the Parties Formal notices, demands, and communications between the MDC and City shall be sufficiently given if dispatched by regular mail or registered or certified mail, postage prepaid, return receipt requested, to the last known address of MDC and City as set Reimbursement Agreement Page 7 forth in this Agreement. Such written notices, demands, and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail. B. Nonliability No member, official, consultant or employee of the MDC shall be personally liable to City in the event of any default or breach by the IVIDC or for any amount which may become due to City or for any obligations under the terms of this Agreement. No member, official, consultant or employee of City shall be personally liable to the MDC in the event of any default or breach by City or for any amount which may become due to the MDC or for any obligations under the terms of this Agreement. C. City Repairs and Transfer of Responsibility for Hunter Lateral Following Expiration of Union District Following completion of the construction and relocation of the Hunter Lateral as described herein MDC is responsible for the on-going maintenance and upkeep of those relocated facilities. MDC uses funds from the Union District to do so. Following the expiration of the Union District on December 31, 2040, the City agrees it will assume all responsibility for ongoing maintenance and upkeep of the Hunter Lateral improvements described in Attachment 2 to this Agreement. In the event that any work conducted by the City or their contractors within the ACHD right-of-way causes any injury or damage to the improvements described in Attachment 2, the City agrees that it will be responsible to repair and restore the improvements to their previous undamaged and functioning condition. Notwithstanding any other provisions of this Agreement this Section Ill. C. shall survive any other termination of this Agreement and remain in effect until responsibility for the improvements described in Attachment 2 is transferred to the City on December 31, 2040. Reimbursement Agreement Page 8 a az x D. Attorney Fees and Costs In the event that a Party to this Agreement shall initiate an action to enforce any of the provisions hereof in any action at law or in equity, the non-prevailing Party to such action agrees to pay to the prevailing Party all costs and expenses, including reasonable attorney fees incurred therein by the prevailing Party, and such may be included in the judgment entered in such action. E. Severability The provisions in this Agreement are severable. Should any one or more of the provisions of this Agreement for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Agreement, but this Agreement shall be construed and enforced as if such illegal or invalid provisions had not been contained herein. F. Headings The section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision of this Agreement. G. Counterparts This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. H. Dispute Resolution In the event that a dispute arises between MDC and City regarding the application or interpretation of any provision of this Agreement, the aggrieved Party shall promptly notify the applicable Party to this Agreement of the dispute within thirty (30) days after such dispute arises. If the Parties fail to resolve the dispute informally Reimbursement Agreement Page 9 within thirty (30) days after delivery of such notice, the Parties agree to first endeavor to settle the dispute in an amicable manner by mediation or other process of structured negotiation under the auspices of a nationally or regionally recognized organization providing such services in the Northwestern United States or otherwise, as the applicable Parties may mutually agree before resorting to litigation. Should the Parties be unable to resolve the dispute to their mutual satisfaction within thirty (30) days or other mutually agreeable timeframe after such commencement of mediation or other process of structured negotiation, each Party shall have the right to pursue any rights or remedies it may have at law or in equity. This provision shall not be construed as requiring the Parties to participate in binding arbitration. I. Forced Delay; Extension of Times of Performance In addition to any other specific provisions of this Agreement excusing or permitting delayed performance, no Party shall be deemed to be in default where any delayed performance hereunder is due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; governmental restrictions or priority; litigation; unusually severe weather; acts of another party; environmental analysis or removal of hazardous or toxic substances; acts or the failure to act of any public or governmental agency not a party to this Agreement; or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. J. Attachments and Exhibits Made a Part All attachments and exhibits which are attached to this Agreement are made a part hereof by this reference. K. Computation of Time In computing any period of time prescribed or allowed under this Agreement, the day of the act, event, or default from which the designated period of time begins to run Reimbursement Agreement Page 10 shall not be included. The last calendar day of the period so computed shall be included unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. As used herein, "legal holiday" means a legal holiday recognized by the City on which the offices of the City are closed for City business. L. No Third-Party Beneficiary The provisions of this Agreement are for the exclusive benefit of MDC and City and their authorized successors and assigns, and not for the benefit of any third person; nor shall this Agreement be deemed to have conferred any rights, express or implied, upon any third person. M. Good Faith and Cooperation It is agreed by MDC and City that it is in their mutual best interests and in the best interests of the public that the work described in Attachment 2 be completed as herein agreed, and, to that end, the Parties shall in all instances cooperate and act in good faith in compliance with all of the terms, covenants, and conditions of this Agreement and shall deal fairly with each other. IV. AMENDMENTS TO THIS AGREEMENT This Agreement may only be amended by mutual written agreement of the Parties hereto. V. ENITRE AGREEMENT, WAIVERS, AND AMENDMENTS This Agreement comprises the entire understanding and agreement of the Parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter thereof. Reimbursement Agreement Page 11 All waivers of the provision of this Agreement must be in writing and signed by the appropriate authorities of the MDC and City. VI. TIME FOR ACCEPTANCE OF AGREEMENT BY MDC The effective date of this Agreement shall be the date when this Agreement has been signed by both Parties. MERIDIAN DEVELOPMENT CORPORATION (MDC) By ave Winder, Chairman Attest C Sec tary Date Z Z CITY OF MERIDIAN (CITY) By Robert E. Simison, Mayor 2-6-2024 Attest City Clerk Chris Johnson 2-6-2024 Date 2-6-2024 Reimbursement Agreement Page 12 STATE OF IDAHO ) ) ss. County of Ada ) On this 14 'day of Ta4j,�� 20Z > before me the undersigned notary public in and for said county and state, personally appeared Dave Winder known or identified to me to be the Chairman of the MERIDIAN DEVELOPMENT CORPORATION, a public body corporate and politic, that executed the within instrument, and known to me to be the person that executed the within instrument on behalf of the said MDC and acknowledged to me that such MDC executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. TODD M.LAKFY COMMISSION#62 485 _J NOTARY PUBLIC Notary Public for Idaho STATE OF IDAHO Residingat MY COMMISSION EXPIRES 1 Q/W2025 Commission Expires STATE OF IDAHO ) ) ss. County of Ada ) On this day of 20�, before me, the undersigned notary public in and for said county and stat , personally appeared Steve Vlassek known or identified to me to be the Secretary of the MERIDIAN DEVELOPMENT CORPORATION, the public body corporate and politic, that executed the within instrument, and known to me to be the person that executed the within instrument on behalf of the said MDC and acknowledged to me that such MDC executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. EL TODD M,LAKEY COMMISSIONN2488 Notary Public for Ida 4L"'7 NOTARY PUBLIC Residing at I'�., - a, I: O STATE OF IDAHO g 4 IMY COMMISSION EXPIRES 10►/MM Commission Expires Reimbursement Agreement Page 13 STATE OF IDAHO ) ) ss. County of Ada ) On this 6th day of February , 2024, before me, the undersigned notary public in and for said county and state, personally appeared Robert E. Simison known or identified to me to be the Mayor of the City of Meridian, a public body corporate and politic, that executed the within instrument, and known to me to be the person that executed the within instrument on behalf of the City and acknowledged to me that such City executed the same for the purposes herein contained. 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 Residing at Meridian, ID Commission Expires 3-28-2028 STATE OF IDAHO ) ) ss. County of Ada ) On this 6th day of February , 20 24 before me, the undersigned notary public in and for said county and state, personally appeared Chris Johnson known or identified to me to be the Clerk of the City of Meridian, a public body corporate and politic, that executed the within instrument, and known to me to be the person that executed the within instrument on behalf of the City and acknowledged to me that such City executed the same for the purposes herein contained. 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 Residing at Meridian, ID Commission Expires 3-28-2028 Reimbursement Agreement Page 14 Attachment 1 — Legal Description and Map of Site Reimbursement Agreement Page 15 226431 JB/H COUNTYADA J.DAVID NAVARRO ROISE' D o : DEPUTY ne HOOPet RECMDED—REQUEST OF 1 Pioneer 103041454 A Pknumr CcaqwV IO C OF ADA Cod 821 W.State St l Boise,Idaho 83702 (208)373-3744 CORPORATE WARRANTY DEED FOR VALUE RECEIVED, Farmers and Merchants State Bank a corporation duly organized and existing under the laws of the State of Idaho,gruntor,does hereby Grant,Bargain, Sell and Convey unto City of Meridian.a municipal corporation whose address is; 33 East Idaho, eridi 83642,grantee,the following described real estate,to-wit. Lots I,2,3,4 and 5 in Block 2 of Amended Plat of Rowan Addition to Meridian,according to the official plat thereof',filed in Book 2 of Plats at Page 52,official records of Ada County,Idaho. SUBJECT TO current years taxes, irrigation district assessment, public utility easements, subdivision, restrictions,U.S.patent reservations,easements of record and easements visible upon the said premises. TO HAVE AND TO HOLD The said premises,with their appurtenances unto the said Grantee,his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee,that it is the owner in a fee simple of said premises;that they are free from all encumbrances and that it will warrant and defend the sarrie from all lawful claims whatsoever. IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of Dirccoors has caused its corporate name to be hereunto subscribed by its officers this 26th day of February,2003. Farmers any arts State Bank STATE OF IDAO,County of Ada,ss. On this 26th y of February,in the yeaz of 2003,before nm the undersigned,a no public,perso 11 r 2 cLe-04 appeared known or identified to me to be the _ t t __-of the corpo ti that ecu d the instrument or the person/persons who ex tted the ins nt on behalf of said corporation,and acknowledged to ire that such corporation execute e. o Y:try Public of IDAHO R 11,11iding at Boise,Idaho ission expires: March 17,2003 /800 »rah, P ID Al - Page 1 ADA COUNTY RECORDER Chdolopher 00 D . Rich AMOUNT ► 1 . REQUEST * 16 PM DEPUTY V1CkJ Allen RECORDED am RECORDING REQUESTED B Y AND WHEN RECORDED RETURN TO. Joe Borlon Borlon La key Law Offices 1310 N. Main .Sr. Men ian, ID 83713 ( Space Above For Recorder ' s Use) QUITCLAIM DEED For goo valuable co si eraio e recei of is i ere y c e , The Meridian Development Corporation , the Urban Renewal Agency for the City of Meridian , ( " does hereby release and forever quitclaim unto The Meridian Development Corporation , the Urban Renewal Agency for the City of Meridian " " ) , whose address is 33 East Broadway Ave . , Meridian, Idaho 83642 , and its heirs , successors si s forever, all right, tine interest is Grantor no as or y er r c ire i the ro situate in Co nty, tate o o, an ore is r escri e o Exhibit "A " attached hereto and incorporated y this reference , TO HAVE AND TO HOLD , all and singular the said real property, together with all appurtenances , tenements, hereditaments , reversions , remainders , rents , issues, profits , rlghts- of4ay, and water rights i anywise appertaining tote real property herein described , as wellin law as in equity, unto Grantee, and to its heirs, successors and assigns forever . WITNESS the hand of said for this dayof0 Grantor . MERIDIANT CORPORATION By : � f:::: j It Pik 1pal , Chairman Quitclaim e — Pg . I Al - Pace 2 STATE OF } ss. County of Ada ) On this :M'S� y o20 before e a notary public, personally ap eared Julie i ,&Loawinr identified­to­mme,to be the Chairman of the coWration that executed the instrument or the person who executed the instrument on behalfof said corporation,and acknowledged to me that such corporation executed e same. Y d r C -U— Notary l Ublic for l a o ' Residing o Commission Expires: .- �an t «so 0 �. '�® � evel . � Quitclaim need—Pg.2 Al — Page EXHIBIT BOUNDARY DESCRIPTION FOR AM MAN DEVELOPMENT CORPORATION PARCELI A parreJ located in Governmcat Ixt 3 and the NE 1/of the SW Y.of Soc6on 7,Towa&Wp 3 Notch.Range l Baal,Boise Meridian,and being Lot g of Block 6 of the,AMENDED PLAT OF TO SITE OF.VMDrAN as shown in Book I of Plats at Page 30 in the office of the Recorder, Ada County,Idaho and Lets 61 7,8,9 and 10 of Block.2 of the AMENDED PLAT OF ROWAN ADDITION as shmm in Book 2 of Plats at PW 52 in said office of the Recordm more Wicularly desed'hed as follows: BEGINNING at a 99 inch diwneter iron pin marking the southeastedy comer of said Lot 10; e N 88* 224"W along the southerly boundary of said.Lot 9 of Block 6 find Lots 6.7,8, and 10 of Block 2 a distmxv of 195.76&d to a 5i8 inch diameter imn the southwesterly rly comes of said tot 9 of Block 6; Thenm N 0°7.8.34"F alcmg the wcgtc7iy boundary of said Lot 9 of Blo&6 a distanm of 120.10 ftet to a 519 inch di of iron pin marking the northwco:ly comer of said Lot 9 of Blo&6; lbeaoae S 881,42'46"B along the nartbmiy boundaty of said IM 9 of Block 6 wid Lets 6,7,8,9 and 10 of Block 2 a distar=of 197.62 feet to a 518 inch diameter iron pin marking the northeasterly comer of said I.ot 10: ?beam S l021'54"W along the ly ary of said Lot 10 a distanca of 120.11 fee to the POINT OF BEGINNING. This parcel contains 0.542 acre and is st*ject to any eamments exisfing or bi use. Pmpare d by: Glenn K.Bennett,P1.S civil Survey Conwlbmu,In 3wc 272 2011 ' Al - Page now y.?'�p i Ftw 4 b Value e d ! A ,,rVMjYE C. WJJR I hmm 1IF 3 _ CM or PURIDIM8 M0,312 INTPIDImir ImntIV- , 7 ard a Wd Lhe o 8.5 feet of tron South 30 reco., of Ict 60 AM in l Clumm&watsm Cr KOMM03, plat thUMC. (I jCd in I Ir plats at Par log Of F Icial Ada MkCItYs 4 O S r a.. dDii= h'9C 1 pr=lscsa lta=sv levies, and im= �_=ftzv U. S. fttOlt MMMUGMir N _a __ - - wVr- a • OV w s Cati rarchr t1 . e o-o r 0 1�i '�. ...� #Y a �...dR.9 #R+�+►4�. �.-:-a.• rrxxes -ftllptt • �. 41 to r On 7hi:; day of rwmh , SW-TC C, IQVWEF4o e �� d to the !� ai' P.-sul Ur Idaho Fmidirg at WWI ld-§�* *• W First American Title Compatky of ldcdla 1 �-Page 5 10 J<r fl� t,4 O beg o �� 2R. � D IR �kyg i fen) IL -N IRN a 9 + cn qK LIQ �, o � a O It cr � W � z Wuj lorrJ W ' .cz9�r �_rs;tit s O q �� Cw" Is jar*44 0lu lk WVIW VU4r*4 .01 VCJ Ilk Rl At y� z V) .00 wo 3 oc.?")v Ln Eel vow VI 4. W (,0!11 WWI 3 Imsr.0 :L Cie.+ A] -Page 6 Attachment 2 — Reimbursable Public Improvements Generally , the objective of the funding of the Reimbursable Public Improvements is to fund those activities which comply with the eligibility criteria set forth in the Idaho Urban Renewal Law , the Idaho Economic Development Act and the Plan . The construction of the Reimbursable Public Improvements shall comply with the Submittals and requirements of the MDC , City , NMID , ACHD and other public agencies as applicable . Copies of all plans , drawings and specifications are to be submitted to MDC . In consideration of City ' s compliance with the foregoing as well as the terms and conditions of this Agreement , the MDC shall reimburse City for the Reimbursable Public Improvements which pertain to the relocation of the Hunter Lateral as provided in this Agreement . MDC shall reimburse City for the reasonable and actual costs of a portion of the Reimbursable Public Improvements however the total amount of reimbursement provided by MDC under this Agreement shall not exceed $ 800 , 970 . 00 . Reimbursement payments as described in this Agreement from MDC to City shall be made to City only after MDC actually receives tax increment funds from the Site and after MDC has determined that City has submitted the required information and documentation supporting their request and the request in is compliance with this Agreement . The Reimbursable Public Improvements will be completed by the City on or before June 30 , 2024 . A more detailed list of the Reimbursable Public Improvements is is below . Reimbursement Agreement Page 16 Bid Form Contractor: Project: Hunter Lateral Relocation-Meridian Civic Block Item ISPWC Item No. Number Description Qty Unit Unit Cost Extended Cost General Conditions 1 2010.4.1.A.1 Mobilization 1 LS $ - $ - 2 1103.4.1.A.1 Construction Traffic Control 1 LS $ $ 3 SP 20013 Construction Survey&Staking 1 LS $ - $ - 4 1001.4.1.A.1 SWPPP/Erosion Control 1 LS $ Sitework 1 0201.4.1.C.1 Removal of Obstructions 1 LS $ - $ - 0201.4.1.D.1 Removal of Concrete/Asphalt 1027 SY $ $ 3 0201.4.1.D.2 Removal of Landscape/Irrigation 308 SY $ - $ - 4 0201.4.1.E.1 Removal of Curb&Gutter 556 LF $ - 5 0201.4.1.E.2 Removal of Storm Drain 115 LF $ - $ - 6 0202.4.5.A.1 Unsuitable Material Excavation (allowance) 300 CY $ - $ - 7 0401.4.1.A.1 Water Main with Sleeve-Size 10" 25 LF $ - $ - 8 0601.4.1.A.5 Storm Drain Pipe-Size 12 C-900 PVC 54 LF $ 9 0602.4.1.A.1 Gravity Irrigation pipe-Size 301,HDPE 529 LF $ - $ - 10 0602.4.1.C.1 Storm Drain Catch Manhole-Size 481, 1 EA $ $ - 11 0602.4.1.C.2 Storm Drain Catch Basin-Size 30" 3 EA $ - $ - 12 0602.4.1.M1 Cast-in-Place Irrigation Box-Size 1'1'x6' 1 EA $ $ - 13 0602.4.1.M.2 Cast-in-Place Irrigation Box-Size 6'x6' 3 EA $ - $ - 14 0706.41.G.1 Concrete Repair 17 SY $ $ 15 0810.4.1.A.3 Plant Mix Pavement, SP-3 444 SY $ - $ - 16 1135.01.01 Roadside Traffic Sign Installation (One Metal Post) 1 EA $ 17 1135.01.06 Remove and Salvage Roadside Sign 1 EA $ - $ - 18 2030.4.1.D.1 Miscellaneous Utility,Adjust to Grade 3 EA $ 19 SP 08112 Temporary Asphalt Curb, Size 6-in 510 LF $ - $ - 20 SP 20035 Remove&Salvage to Property Owner 1 LS $ - $ 21 SSP 29067B Repair Landscaping&Irrigation 50 SY $ - $ - Total Bid $ - Page 1 of 1 ��� Z09E9 OHVOI'NVIOId3W dflOH9 N rylj Y �7 � 0 O z ue1 pe o It I ONVI P,O�m •- .p. w �.� 4 �o ��n� ue� iaa -uo� eao a �aa�e aa�unH s b �74 w " 1-b LON 3 H I $ w �1 w O 1S OC 3 s W o W a 1S atfL -�u 15 MNIY'3 ,�``�'s A .22 a' �TT�i� C CC .iL ■' Sc" Sc`" m s E =�i$ d cn ca o w w c$o Q Q Q o¢o¢Q !O LI 1 1 1( l l III"ICI p W i ■'a `va ami •C7 �� O w w F F6 $6 - d. 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C, N � N LAND ��I- 1— MERIDIAN,IDAHD 83642 � �GROUP E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Termination and Release of Impact Fee Deferral Agreement Between City of Meridian, Ada County Highway District, and Kam Realty LLC dba Kiddie Academy of Meridian Recording Requested By and When Recorded Return to: Steven B.Price General Counsel Ada Countv Highwav District 3775 Adams Street Garden Citv,Idaho 83714 3335 E.Victory Rd,Meridian,ID 83642 MCIF23-0012/MER21-0053/C-NEW-2023-0002 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT THIS TERMINATION AND RELEASE OF IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT ("Termination') made this 6th day of February, 2024 by and between the Ada County Highway District, a body politic and corporate of the state of Idaho ("ACHD"); the City of Meridian, an Idaho municipal corporation, ("the City"); and Kam Realty LLC dba Kiddie Academy of Meridian an Idaho corporation("Developer"). RECITALS A. The Developer, ACHD and the City have entered into the Impact Fee Assessment and Deferral Agreement dated the 9th day of May, 2023. B. The Developer has paid the impact fee as specified in the Impact Fee Assessment and Deferral Agreement. C. The parties desire to release and terminate the Impact Fee Assessment and Deferral Agreement. NOW, THEREFORE,in consideration of the foregoing recitals,the mutual covenants and agreement set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer, ACHD and the City agree as follows: I. TERMINATION AND RELEASE 1. The Impact Fee Assessment and Deferral Agreement dated the 9th day of May, 2023, by the parties and recorded May 31, 2023 as Instrument No. 2023-030989, records of Ada County, Idaho, encumbering the real property described herein in Exhibit A is hereby released and terminated. 2. This Termination may be executed in one or more counterparts and shall be recorded to evidence the termination of the Impact Fee Assessment and Deferral Agreement. SIGNATURES ON FOLLOWING PAGES IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 13 ACHD ADA COUNTY HIGHWAY DISTRICT By Alexis Pickering,Commission President STATE OF IDAHO ) )ss County of Ada ) On this day of , 2( , before me, a Notary Public, personally appeared Alexis Pickering, known or proved to me to be the Commission President of the Ada County Highway District, a body corporate and politic of the state of Idaho, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at Comm. Expires IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-14 DEVELOPER Kam. Realty LLC dba Kiddie Academy of Meridian By: ` Vijay Ila arasan, Owner STATE OF WASHINGTON ) )ss. County of Clark ) On this day of � , 20A before me, a Notary Public, personally appeared Vijay Ilavarasan,known or proved to me to be the owner of Kam Realty LLC dba Kiddie Academy of Meridian,the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my nd and affixed my official seal the day and year in this certificate first above written. MICHAEL MCFARLANE Not Public � Notary Public-State of Idaho Residing at `u�^� Commission Number 20202126 Comm. Expires L-5 My Commission Expires Jun 15,2026 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 15 it I � I CITY I CITY OF MERIDIAN j j By: Qo��,tEDA�c� obe . Si ison, Mayor 2 - 6 -2024 Alp L I i MAN �Att st : z� Chris o it Clerk 2 -6 -2024 SEAL Y �b�rh0 TFtEASV�� I ; I STATE OF IDAHO ) ss . County of ADA ) I, I ) On this 6th day of February , 2024 before me, a Notary Public, personally appeared Robert E . Simison, and Chris Johnson known or proved to me to be the Mayor and City Clerk of the City of Meridian, the persons whose names is subscribed to the ; foregoing instrument, and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. h1i AW W cq�� Notary Public Residing at Meridian , ID rComm . Expires 3 -28 -2028 CHARLENE WAY COMMISSION No. 87390 NOTARY PUBLIC STATE OF IDAHO i ! IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 16 i Exhibit A Legal Description of Property Lot 3 in Block 1 of Shops at Victory Subdivision, according to the official plat thereof, filed in Book 110 of Plats at Pages 15698 through 15700,records of Ada County, Idaho IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-17 AAA COUNTY RECORDER Trent Tripple 2023_030989 BOISE IDAHO Pgs=17 VICTORIA BAILEY 05/31/2023 10:36 AM ADA COUNTY HIGHWAY DISTRICT NO FEE Aller IZccordin6o Rciurn T3' SEeyen B.Price General Counsel AdA Cowit+;Hipliwav District 377 5 e dRons Street Carden City,id;iha 8371 AlCIF23-0Ji2 r N1ER2I-IW53/€'-NE�+'a- 023-f1002 Tht s Snsce£escrt•:d fi=s R cording Purpnses EM ACC'FEE ASSESSMENT AND DEFERRAL AGREEMENT THIS IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT ("Agreevnerit"; made this, �t,a day of klay 23 by and between 'lie Ada County I-lighway District, a body politic and corpo ate of the stale of Idaho ("ACHD"); the City of ltiridiar., air Idaho tniit3ic.ipal cc;aor°atiori, i"the City")- and Kann Realty 1.LC dba Kiddie r Academy of:Meridian, on hallo corporation ("Developer") RECITALS WHEREAS, Developer has acquired certain real property more pat-ticul=rly described in Exhibit A, hereto, and generally located at 3335 E. V ctmy Rd; City of Meridian, Ada County, Idaho (the Property";; WHEREAS, Developer ;:ill in the future.3iake certain application t t e Y '�c� 1 Ci reg��:dsng the development and construction ofa daycare facility on the Property(the"Project"); WHEREAS, pursuant to 1dabo, Code 67-82040) and Section 7316.1 of ACHD Ordii33lice 246A, tl)e payment Of the Impact fee S,'egvired for:lie development of the Propetl {t}iB "ACHD 1mr)act "ce7) by the Developer-to AC"�U would normally he ducat the time o issuance of a building permit for tile,Project; WHEREAS, it is the desire of tl:e Developer to defer payment of the ACHD Impact Fee pursuant to the tt:rnis,,f 1his Ag reemient; WHEREAS it s the e of t!e City that Developer fat` able to defer payment of the ACHD finpact Fee for the piirposes of+`:i,Col31aginIT development in A cridian and the City is ,willing to eater into tliys Agreeine to facilitate the deferral of fees l y Developer to AC H.D; WHEREAS, ACHD is willing to enter into this Agreement for the purpose of alle.%,ir:g the deferral of payment of the ACHD Impact Fee in conside atioi7 of the assmancos, covenants, and other agreements provided herein by the City and by (Developer: 1 1PA.CT kEE ASSir'SSINHENT AND DEFERRAL AGREENIENT-k WHEREAS, Idaho Code § 67-8204(3) and Section 7316.1 of ACHD Ordinance 246A authorize ACHD to enter into an agreement to defer payment of fees pursuant to written agreement between ACHD and a developer.as set forth therein; Idaho Code § 67-8204A authorizes the City and ACHD to enter into intergovernmental agreements';regarding the collection of impact fees; and Idaho Code§ 67-8213 specifies the remedies available to ACHD charging an impact fee where such fee is not paid in accordance with the relevant ordinances; WHEREAS, this Agreement establishes the process for the imposition, calculation and collection of the ACHD Impact Fee required for the development of the Property; WHEREAS, the timing of the imposition,calculation and collection of the ACHD Impact Fee for the Project is related to the timing of the City's action on the necessary development permits for the Project; and WHEREAS, the parties desire to enter into an agreement regarding the imposition, calculation and collection of the ACHD Impact Fee for the Project. AGREEMENT NOW, THEREFORE, pursuant to the legal authority of the Idaho Code and ACHD Ordinance 246A,and for other good and valuable consideration,the sufficiency of which is hereby acknowledged,ACHD, Developer and the City desire to memorialize their respective agreements and obligations regarding the imposition,calculation and collection of the ACHD Impact Fee and the inspections and issuance of permits for the Project. L Imposition of ACHD Impact Fee. Development of the Project will require the payment of the ACHD Impact Fee. ACHD has presently adopted Ordinance 246A setting forth the process, method and amount of the ACHD Impact Fee. The ACHD Impact Fee shall be imposed consistent with the ordinance in effect at the time that the City issues the Building Permit as defined in Section 2 below. 2. Calculation of ACHD Impact Fee. Pursuant to Section 7304.1 of Ordinance 246A, the ACHD Impact Fee is typically collected at the issuance of a building permit,provided, however, that Section 7316.1 of Ordinance 246A permits ACHD and a"Developer" to enter into an agreement regarding the timing of payment of the ACHD Impact Fee. (a) Notification of Issuance of Building Permit. The City, ACHD and the Developer shall jointly work to coordinate the issuance of permits for the Project. Upon the issuance of the first permit necessary to commence construction of tenant improvements at the Project (the"Building Permit"), the City and Developer shall notify ACHD and the ACHD Impact Fee shall be calculated as of the date of the issuance of the Building Permit. IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-2 (b) Notification of Inspection for the Issuance of First Certificate of Occupancy. The Developer agrees that it shall notify the City and ACHD in writing at least thirty (30) days in advance of any request for the final inspection before the issuance of the certificate of occupancy for the Project. (c) Applicable Impact Fee Ordinance. ACHD shall calculate the ACHD Impact Fee based upon the ordinance in effect at the time the City issues the Building Permit. 3. Collection of ACHD Impact Fee. (a) Deferral of FeeXnforcement. ACHD agrees that collection of the ACHD Impact Fee will be deferred as set forth herein. If the Developer is in default as set forth in Section 5(a) below, then it shall be subject to all of the remedies set forth therein and elsewhere in this Agreement.' In addition, the City agrees for the benefit of ACHD that unless the Developer submits proof that the ACHD Impact Fee has been paid and ACHD confirms in writing that it has been paid, or that the ACHD Impact Fee is no longer due and payable,the City; (i)will not conduct the final inspection required for the issuance of the Occupancy Permit for the Project, (ii) will not provide any utility services for any purposes other than system testing and non-occupant use for the Project, and (iii) will exercise all default rights against Developer set forth in Section 5(a)below. (b) Developer acknowledges and agrees that as a condition precedent to the City conducting the final inspection required prior to issuing the Occupancy Permit that Developer will pay the ACHD Impact Fee for the Project. Notwithstanding the foregoing, and notwithstanding any other provision in this Agreement, the parties agree that the ACHD Impact Fee shall in no event be deferred beyond October 31, 2024, regardless of the status of the Project and/or the status of any permits issued or to be issued by the City. (c) Alternate Financial Guarantee. Alternatively, ACHD and Developer may agree that the payment of the ACHD Impact Fee may be deferred upon Developer providing an alternative financial guarantee to ensure payment of the ACHD Impact Fee, pursuant to a certificate of deposit or a letter of credit acceptable to ACHD. Such alternate financial guarantee shall be in an amount equal to the amount of the impact fee for the Project, pending reconciliation of the ACHD Impact Fee at a date subsequent to the issuance of a certificate of occupancy for the Project by the City. (d) Refund of Payment of Fee. Notwithstanding any other provision of this Agreement, in order to have its building permit released, Developer may pay the ACHD Impact Fee to ACHD. If and when this Agreement is approved and executed, the parties hereto agree that ACHD will refiind the ACHD Impact Fee that has been paid without interest on the fiords and the deferral process contemplated herein will be implemented. IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-3 (e) Satisfaction. Upon payment of the ACHD Impact Fee or the provision for an alternate financial guarantee,ACHD shall notify the City of Developer's performance, and then and only then shall the City proceed with the final inspection and issuance of the Occupancy Permit for the Project. The City agrees for the benefit of ACHD that the City (including without limitation, the City's'employees, officials, agents, and/or contractors) will not proceed with the final inspection and issuance of the Occupancy Permit for the Project until the foregoing condition is met. (f) Waiver and Estoppel. Developer hereby waives and estops itself from asserting any claim or property right relating to the inspection or issuance of the Occupancy Permit for the Project,deferral of the payment of the ACHD Impact Fee or default remedies provided herein until ACHD receives full payment of the ACHD Impact Fee or an alternate financial guarantee as contemplated herein. 4. Individual Assessment. Due to the complexity and unique issues presented by the development of the Project,ACHD and Developer acknowledge that Developer retains the right to pursue an individual assessment of the ACHD Impact Fee subsequent to its payment and completion of the Project. Nothing contained herein shall preclude Developer from electing to initiate an individual assessment pursuant to Section 7312 of ACHD Ordinance 246A. 5. Default. (a) If Developer defaults in the performance of their obligations under the terms and provisions of the Agreement in the time and manner required,ACHD and/or City may exercise all legal and equitable remedies against such party. In addition (and without limiting the foregoing or otherwise limiting any other';rights available by law or in equity), if the ACHD Impact Fee is not paid timely (i) any unpaid amounts shall accrue interest at the legal rate provided for in Idaho Code Section 28-22-104(1),from the date the Building Permit was originally issued, (ii) ACHD may assess a penalty of$500 per day for non- payment or late payment in accordance with Idaho Code Section 67-8213 in airy reasonable amount, (iii) City shall withhold any permits related to the project or other governmental approval until the fee is paid, (iv)City shall refuse and/or suspend all utility services to the Project under its jurisdiction, and (v) in accordance with Idaho Code Section 67-8213(4), ACHD may impose a lien for failure to timely pay following the procedures contained in chapter 5, title 45, Idaho Code. (b) If ACHD defaults in the performance of its obligations under the terms and provisions of this Agreement in the time and manner required herein,Developer shall only be entitled to non-monetary remedies,such as specific performance,declaratory relief,and injunctive relief. IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-4 I I I j (c) If City defaults in the performance of its obligations under the terms and provisions of this Agreement in the time and manner required, ACHD and/or Developer may exercise all legal and equitable remedies against such party . 6 . Existing Joint Governmental Entity Agreement. ACHD and City acknowledge they are parties to an existing Impact Fee Collection Agreement (the "Collection Agreement") , ACHD and City agree that the Collection Agreement is not applicable to this Project, and that all rights between them concerning the collection of impact fees for this Project are set forth in this Agreement. 7 . Acknowledgement. ACHD and City make no representations, warranties or guarantees to Developer regarding the Project. Developer assumes all risks and acknowledges that it is solely responsible for the development of this Project. Developer acknowledges , notwithstanding any other provision of this Agreement, as follows : ( i) This Agreement does not affect the rules and regulations that the Developer must comply with in order to implement all governmental approvals ; ( ii ) Any future applications or requests to ACHD and City will be governed by rules and regulations of each of the agencies in effect at the time of such request ; ( iii) Nothing in this Agreement shall be construed to allow the Developer any waiver or relief from any of the processes , rules and regulations Developer must follow and comply with to obtain any future approvals from the City or ACHD ; (v) Nothing herein shall be construed to grant any legal entitlement or vest any property right or other right to the Developer; and (vii ) Nothing in this Agreement shall be construed to provide any claim or benefit to a third party . $ . General Provisions . (a) Agreement Addresses Process Only. The parties acknowledge and agree that nothing herein shall be deemed to limit or restrict the deliberation or action taken by ACHD to the extent that it has authority relating to its review and consideration of the permits related to the Project. The parties acknowledge and agree that this Agreement is intended solely to provide for the processes that will be applied to the ACHD Impact Fee for the Project. (b) Severability. Every provision of this Agreement is intended to be severable . If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement . (c) Attorneys ' Fees . Should any action be brought to interpret or enforce any provision hereof, or for damages for breach hereof, the prevailing party shall be entitled to such reasonable attorneys ' fees as may be determined by any court of competent jurisdiction wherein such action is brought, including attorneys ' fees on any appeal . (d) AssignmentlRecording. The rights , benefits or obligations under this Agreement may not be assigned by Developer, in whole or in part, without the prior written consent of both ACHD and the City, which may be withheld in either of their sole IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT = 5 discretion . Without limiting the foregoing , the obligations to ACHD or the City contained herein shall run with the land and shall inure to the benefit of and be binding upon the successors and assigns of the parties hereof, until such time as the Project is complete and ACHD has received fiill payment of the ACHD Impact Fee . A copy of this Agreement shall be recorded in the real property records of Ada County , Idaho . Upon the payment of the ACHD Impact Fee by Developer, this Agreement shall terminate and the parties shall execute the termination and release set forth in the form attached as Exhibit B . (e) Entire Agreement. This Agreement contains the entire Agreement between the parties respecting the matters herein set forth and supersedes all prior Agreements between the parties hereto respecting such matter. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by each party hereto . (f) Construction . This Agreement shall be construed in accordance with the laws of the State of Idaho . (g) Counterparts . This Agreement may be executed simultaneously in one or more counterparts , each of which shall be deemed an original , but all of which together shall constitute one and the same instrument. (h) Recitals . The parties confirm the accuracy of the Recitals set forth in this Agreement and the same are incorporated herein as part of this Agreement . (i) Time of the Essence. Time shall be of the essence for all events and obligations to be performed under this Agreement . 0 ) Independent Parties . The relationship between the Parties shall not be that of partners , agents, or joint venturers for one another, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes . In performing any of their obligations hereunder, the Developer is an independent party and shall discharge its contractual obligations at its own risk . The Parties agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others , except as otherwise expressly agreed in this Agreement. (k) Notices . All notices , requests, consents , approvals , payments in connection with this Agreement, or communications that either party desires or is required or permitted to give or make to the other party under this Agreement shall only be deemed to have been given , made and delivered , when made or given in writing and personally served , or deposited in the United States mail , certified or registered mail , postage prepaid, or sent by reputable overnight courier (e . g . , FedEx) and addressed to the parties as follows : IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 6 ACHD: Ada County Highway District Attn: Megan Anderson 1301 N Orchard Street Suite 200 Boise, Idaho 83706 DEVELOPER: Kam Realty LLC dba Kiddie Academy of Meridian Attn: Vijay Ilavarasan 2219 NW Sierra Way Camas, WA 98607 City City of Meridian Attn: City Clerk 33 E Broadway Avenue Meridian, Idaho 83642 Notice shall be deemed given upon actual receipt(or attempted delivery if delivery is refiised), if personally delivered or rejected. (1) Amendment to Ordinances. The parties acknowledge that Ordinance 246A may be amended,repealed and superseded at any time. The ACHD Impact Fee shall be imposed, calculated and collected pursuant to any impact fee ordinance subsequently adopted by ACHD in accordance with Idaho Code § 67-8201 et seq. To the extent that references to specific sections incorporated in Ordinance 246A are made herein, those references shall be deemed to refer to the related provisions of any subsequently adopted impact fee ordinance by ACHD. (m) Further Acts.The parties will execute and deliver to the others, from time to time, for no additional consideration and at no additional cost to the requesting party, such further assignments,certificates,instruments,records,or other documents,assurances or things as may be reasonably necessary to give fiill effect to this Agreement and to allow each party Rilly to enjoy and exercise the rights accorded and acquired by it under this Agreement. (n) Acknowledgments and Modifications. No acknowledgments required hereunder,and no modification or waiver of any provision of this Agreement or consent to departure therefrom,shall be effective unless in writing and signed by all of the parties. IN WITNESS WHEREOF, the parties have caused this instniment to be executed by its duly authorized officers the day and year first above written. Signatures and notary acknowledgments to follo;v on nest page IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-7 ACHD ADA CO TY HIGHNAT Y DISTRICT f B Alexis Pi eying, Commission President STATE OF IDAHO ) )ss. County of Ada ) Id On thistly day o , 20 2,3 before me, a Notary Public, personally appeared Alexis Pickering, known or prove o me to be the Commission President of the Ada County Highway District, a body corporate and politic of the state of Idaho, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my ha and affixed my official seal the day and year in this certificate first above written. 1 •.•`•Gt{,`i.L:•sf'F, '•,� Nota Public �Q,�•.!P'T j.•.�,� Residing at L/ Comm. Expires_ UQUSt 13, 2025 Comm.62051 UB O . OF •` IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-8 DEVELOPER Kam Realty LLC dba Kiddie Academy of Meridian By: Vijay Ilavarasan, Owner STATE OF N ) fP-d& )ss. County of'Pat ) On this Vt day of X4ct y 22 , before me, a Notary Public, personally appeared Vijay Ilavarasan, known or proved to me to be the owner, of Kam Realty LLC dba Kiddie Academy of Meridian, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. KRISTI PUCK COMMISSION#20224558 Notary Public NOTARY PUBLIC J STATE OF IDAHO Residing at M-C/7'4/ 4 MY COMMISSION EXPIRES 9 2112028 Comm. Expires IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-9 CITY CITY OF MERIDIAN By: Robert . unison May r -2023 Attest: Chris Johnson,City Cler 9-2023 STATE OF IDAHO ) )ss. County of Ada ) On this 9th day of May , 2023 , before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or proved to me to be the Mayor and City Clerk of the City of Meridian, the persons whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CHARLENE WAY Chmoyle COMMISSION No. 67390 Notary Public Meridi NOTARY PUBLIC Residing at — STATE OF I DAH O Comm.Expires 28-2028 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 10 i Exhibit A Legal Description of Property Lot 3 in Block 1 of Shops at Victory Subdivision , according to the official plat thereof, filed in Book 110 of Plats at Pages 15698 through 15700 , records of Ada County , Idaho I I I i i { i i i i i i IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 11 Exhibit B Form Termination and Release IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-12 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Lease Agreement between the City of Meridian and Double Tapp, LLC for use of Shooting Range Facilities LEASE AGREEMENT FOR SHOOTING RANGE FACILITIES This LEASE AGREEMENT FOR SHOOTING RANGE FACILITIES ("Lease") is entered into this 6th day of February , 2024, by and between Double Tapp LLC, a limited liability company organized under the laws of the state of Idaho, whose address is 14000 E. Double Tapp Lane, Boise, Idaho 83716 ("Landlord"), and City of Meridian, a municipal corporation organized under the laws of the state of Idaho,whose address is 33 E. Broadway Avenue, Meridian,Idaho 83642 ("Tenant"). In this Lease,Landlord and Tenant may be referred to individually as a"Party"or collectively as"Parties." WHEREAS,Tenant seeks to lease from Landlord,and Landlord seeks to lease to Tenant, the amenities at Double Tapp Range and Firearms Training, located at 14010 E. Double Tapp Lane, Boise, Idaho as described in Exhibit A hereto ("Lease Premises"); NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, Landlord and Tenant agree as follows: I. Lease granted. In consideration of the payment of rent to be paid by Tenant to Landlord pursuant to this Lease, Landlord does hereby lease and demise Lease Premises to Tenant. II. Use of Lease Premises. Tenant's use and occupancy of the Lease Premises shall be limited to shooting practice, lessons, coaching, testing,and related activities, and equipment storage. Tenant shall not use the Lease Premises for any other purpose without the express written consent of Landlord. Tenant warrants and represents that Tenant has undertaken a complete and independent evaluation of any and all risks inherent in the execution of this Lease and the operation of the Lease Premises for its use permitted hereby, and that, based upon said independent evaluation, Tenant has elected to enter into this Lease and hereby assumes all risks with respect thereto, some of which risks may be unknown. III. Term of lease. The term of this lease shall begin when executed by both parties("Effective Date"), though December 31, 2029. The lease tenor shall be automatically renewed from year to year thereafter,unless written notice of termination is given by either party to the other in the manner set forth herein. Time is of the essence in all matters related to this Lease. IV. Responsibilities of Tenant. With regard to Tenant's use and occupancy of the Lease Premises under this Lease, Tenant shall be responsible for each and all of the following. A. Rent. Beginning with the Effective Date,Tenant shall pay Rent to Landlord in the amount of forty-eight thousand dollars ($48,000.00)annually. Rent shall include the cost and expenses for all utilities in connection with the Lease Premises, including electricity or other fuels or power sources, pest control, and garbage collection services, as well as the cost of routine maintenance and repair of the Lease Premises. LEASE AGREEMENT FOR SHOOTING RANGE FACILITIES PAGE I B. Weed control. Tenant shall be responsible for weed control on the Lease Premises. Tenant shall engage a commercial, professional applicator for such purpose. Such professional applicator shall be licensed and certified by the Idaho State Department of Agriculture ("ISDA") and shall be fully insured as required by ISDA. Tenant shall not store or dispose of any chemicals upon the Lease Premises. All chemicals shall be used in accordance with all applicable laws. Tenant shall not be responsible for weed control in the parking area inside the Lease Premises or any berm or other area outside the Lease Premises. C. Sanitation supply and cleaning. Tenant shall provide and install all necessary paper products and sanitation supplies for the restroom facility at the Lease Premises, including, without limitation, garbage bags, toilet paper,and hand sanitizer. Tenant shall provide all necessary cleaning services for the restroom facility. D. Garbage removal. Tenant shall supply garbage bags for, and be responsible for removal of, all garbage generated by Tenant at the Lease Premises. Tenant may place garbage generated by Tenant at the Lease Premises in the Range's central garbage container. E. Snow removal: Landlord shall ensure year around access to the leased ranges by removing snow as needed on E. Double Tapp Lane, from its intersection with Orchard Access, west to the Lease Premises. Landlord may, as feasible,remove snow from M-1 and M-2 Range surfaces where snow is deeper than six inches(6"). F. Condition of Premises. Tenant acknowledges that Tenant has inspected the Lease Premises and does hereby accept the Lease Premises as being in good and satisfactory order, condition,and repair. It is understood and agreed that Landlord makes no warranty or promise as to the condition, safety,usefulness or habitability of the Lease Premises, and Tenant accept the Lease Premises"as is." In entering into this Lease, Tenant is relying on its own investigation and inspection of the Lease Premises and its own determination of the suitability of the Lease Premises for its intended use. G. Alterations. Tenant shall ,make no additions, changes, alterations or improvements to the Lease Premises without the prior written consent of Landlord. H. Waste. Tenant shall not commit or allow to be committed any waste upon the Lease Premises, or any nuisance. Tenant, at Tenant's sole expense, shall comply with all laws and regulations relating to its use or occupancy of the Lease Premises. I. No assignment or subletting. Tenant shall not(1)subcontract, sell, assign,mortgage,or transfer this Lease or any interest therein; (2) sublease all or any portion of the Lease Premises;or(3) allow the use or occupancy of the Lease Premises by anyone other than Tenant. V. Responsibilities of Landlord. During the Lease term,Landlord shall be responsible for each and all of the following. LEASE AGREEMENT FOR SHOOTING RANGE FACILITIES PAGE 2 A. Maintenance of Lease Premises. Landlord shall maintain the Lease Premises as necessary and keep same in good repair. B. Waste removal. Landlord shall remove sewage from the vault toilet on the Lease Premises on an annual basis, or as needed. C. Weed control. Landlord shall be responsible for weed control on all parking areas, berms, and areas outside the Lease Premises. D. Snow removal. Landlord shall remove snow and ice from the parking area serving the Lease Premises, as well as walkways and pedestrian areas outside the Lease Premises. Landlord shall also remove snow on S. Orchard Access Road between the I-84 off-ramp and the Lease Premises. Landlord may, as feasible, remove snow from M-1 and M-2 Range surfaces where snow is deeper than six inches (6"). E. Entry and inspection. Landlord, at all reasonable times, and at any time in case of emergency, may enter the Lease Premises for the purpose of inspection, cleaning, repairing, altering, maintaining or improving the Lease Premises, sl-ibject to Tenant's reasonable security requirements. F. Property insurance. Landlord shall maintain insurance on the Lease Premises. Such insurance may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Landlord. G. Use of Lease Premises. Landlord may allow former or retired law enforcement personnel to use the Lease Premises, on weekends only, so long as Landlord first obtains approval from Tenant and confirmation that such use will not conflict with previously scheduled use of the Lease Premises by Tenant. Landlord shall not use the Lease Premises for any other purpose without the express written consent of Tenant. H. Taxes. Landlord shall remit all taxes due and owing in relation to the Lease Premises. VI. GENERAL PROVISIONS. A. No agency. It is understood and agreed that neither party shall be considered an agent or employee of the other in any manner or for any purpose whatsoever. Neither party shall have any authority or responsibility to exercise any rights or power vested in the other. B. Notices. All notices to be provided under this Agreement shall be in writing and addressed as follows: If to Tenant: If to Landlord: City Clerk, City of Meridian Double Tapp LLC 33 East Broadway Avenue Mark Cerchione, President Meridian, Idaho 83642 14000 E. Doubly Tapp Lane Boise ID 83716. Notices shall be either personally delivered or sent by U.S. mail,postage prepaid. Notice LEASE AGREEMENT FOR SHOOTING RANGE FACILITIES PAGE 3 shall be deemed to have been given upon deposit in the U.S.mail,or upon personal delivery to the party above specified. C. Force Majeure. In the case of damage to the Lease Premises due to Force Majeure, Landlord shall immediately notify Tenant. "Force Majeure" shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of either Party,including acts of God,pandemic,fire,flood,vandalism,accident,governmental acts, threats to human health or safety, and other like events that are beyond the reasonable anticipation or control of Party affected thereby. If the Lease Premises or any portion thereof are damaged by Force Majeure to such extent that they are rendered unusable or unsafe for use, Landlord may immediately terminate this Lease, and shall issue a prorated refund to Tenant. D. Termination. If either Party determines that the other has failed to comply with any term or condition of this Lease; engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Lease; or if either Party willfully or negligently defaults in,or fails to fulfill, its material obligations under this Lease; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have fourteen (14) days after sending of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. Either Party may terminate the Lease where such termination is in such Party's best interest by providing sixty(60)days' written notice. E. Surrender of Lease Premises; removal of property. Within seven(7)days following termination of the Lease,Tenant,at Tenant's sole expense, shall: 1. Remove Tenant's personal property from the Lease Premises; 2. Promptly and peacefully surrender the Lease Premises and yield possession to Landlord.- F. No obligation. By the granting of this lease, Landlord does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to development or operation of the Lease Premises, including, but not limited to, rezone, variance, permitting, licensing, certification, environmental clearance, or any other action allowed or required by law. G. Mediation. Any disputes between the Parties in connection with the rights and obligations under this Lease, shall be settled by mediation upon the request of any Party and the mutual agreement of both parties. Mediation shall be a required precursor to litigation filed regarding this Agreement. All costs associated with mediation shall be shared equally by the parties. LEASE AGREEMENT FOR SHOOTING RANGE FACILITIES PAGE 4 H. Attorney fees. Tenant shall be liable to Landlord for all damages and costs, including legal expenses and attorneys' fees, suffered or incurred by Landlord in the enforcement of any of the terms, covenants or conditions of this Agreement. I. Applicable law; nonappropriation. This Lease shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution. Landlord acknowledges that Tenant is a governmental entity, and the validity of this agreement is based upon the availability of public funding under the authority of its statutory mandate. Notwithstanding anything in this agreement to the contrary, Tenant's obligations under this Lease are subject to and dependent upon appropriations being made by Meridian City Council for such purpose. J. Compliance with laws. Throughout the course of this Agreement,the Parties and the employees, guests, invitees, and agents thereof shall comply with any and all applicable federal, state, and local laws. K. Severability. If any provision of this Lease is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Lease shall not be affected. L. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. A. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. This Agreement may not be amended, modified, altered, or changed in any respect whatsoever, except by further agreement in writing duly executed by the parties. M. City Council approval required. The validity of this Lease shall be expressly conditioned upon City Council action approving same. IN.WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. LANDLORD: DOUBL TAP Ma Cerchione reside TENANT: Attest: CITY OF MERIDIAN Robert E. Simison, Mayor Chris Johnson, City Clerk LEASE AGREEMENT FOR SHOOTING RANGE FACILITIES PAGE 5 EXHIBIT A DESCRIPTION OF LEASE PREMISES The Lease Premises shall include the following amenities at Double Tapp Range and Firearms Training, located at 14010 E. Double Tapp Lane, Boise, Idaho: A standard,open 25-yard long pistol range measuring approximately 100 feet wide. This range includes a steel building/shade cover which has three walls and sits on a cement pad. The range includes a steel garbage can and buckets for brass clean-up. This range is known as M-1. Also provided and just to the west of the M-1 range is a rifle range which has an available shooting distance of approximately 100 yards. This range has a steel shade cover with no walls and sits on a cement pad. This range is known as M-2. Also included on-site and near the M-1 Range is one 40-foot secure equipment storage container. Included in this lease is a modem, vault toilet system, which will be placed near the two ranges no later than July 1, 2024. This vault toilet system is rated for 25,000 uses and will contain a hand sanitizer dispenser and garbage can. Behind the ranges,immediately to the north is the parking area. The parking area will be closed off to unauthorized vehicle traffic by either cement blocks or chain-link fencing. There will be two 12-foot gates which allow restricted access into the parking area; one on the east end of the parking area and one on the west end of the parking area. Both gates will be equipped with signage that designates these ranges as private, with no unauthorized access. These barriers will be sufficient to prevent unauthorized entry. LEASE AGREEMENT FOR SHOOTING RANGE FACILITIES PAGE 6 V IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 24-2437: A Resolution of the Mayor and City Council of the City of Meridian to Amend the Future Land Use Map of the 2019 Comprehensive Plan for 70.4 acres, Generally Located at the Northwest Corner of S. Meridian Rd. and 1-84, on the South Side of W. Waltman Ln., in the Southeast Quarter of Section 13, Township 3 North, Range 1 West, Meridian, Idaho, Ada County; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 24-2437 BY THE CITY COUNCIL: BORTON, CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2019 COMPREHENSIVE PLAN FOR 70.4 ACRES, GENERALLY LOCATED AT THE NORTHWEST CORNER OF S. MERIDIAN RD. AND I-84, ON THE SOUTH SIDE OF W. WALTMAN LN., IN THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN,IDAHO, ADA COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS,the City of Meridian Comprehensive Plan was adopted in December in 2019 as resolution 19-2179; and WHEREAS,the Mayor and Council have deemed it appropriate to amend the future land use map of the 2019 Comprehensive Plan for approximately 70.4 acres of land from Mixed-Use Community (MU-C) to Commercial (approximately 34.3 acres) and Medium High Density Residential(MHDR)(approximately 36.1 acres)known as 1-84 and Meridian Road and Tanner Creek Subdivision. Said land is generally located at the northwest corner of S. Meridian Rd. and I-84, on the south side of W. Waltman Ln., in the SE '/4 of Section 13, Township 3 North, Range 1 West, Meridian, Idaho, Ada County; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Future Land Use Map, a copy of which is attached hereto and incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. COMPREHENSIVE PLAN AMENDMENT-MAP—I-84+MERIDIAN RD.AND TANNER CREEK SUBDIVISION Page I of 2 SECTION 2. EFFECTIVE DATE. 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 Wh day of February,2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 61h day of February, 2024. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk COMPREHENSIVE PLAN AMENDMENT-MAP—I-84+MERIDIAN RD.AND TANNER CREEK SUBDIVISION Page 2 of 2 EXHIBIT A Date: 10/12/2023 Adopted Land Uses gowlarop 40 Feet ®z/.��'AA WAMIA Legend ■ �� ® Area of City Impact 01 Future Land Uses � LU ,�} Citywide ■ �/� Low Density Residential Medium Density Residential ■ '��' I' Med-High Density Residential : ITID ■ �" ♦ ■ High Density Residential ■ ■ Commercial - Office / — Industrial Civic I Old Town Proposed Land Uses Mixed Use Neighborhood ON 0100 IN Mixed Use Community i/ilIn �`�� - Mixed Use Regional /' � Mixed Use Non-Residential , Mixed Use- Interchange Ten Mile Specific Low Density Employment Dft ■ a E M E W 0 W E E ® y I/III%;////%//�� Lifestyle Center .■ I 'High Density Employment 477 � ���� �Z� Mixed Employment ■ / —_'� ��p} ���� Mixed Use Residential ■ G �, WA� 141 � Mixed Use Commercial ■ �1 0 ® a® ., - - � 1 w IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 24-2435: A Resolution Establishing the Appointment of Bethany Guajardo to Seat 6 of the Meridian Solid Waste Advisory Commission; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 24-2435 BY THE CITY COUNCIL: BORTON, CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR A RESOLUTION ESTABLISHING THE APPOINTMENT OF BETHANY GUAJARDO TO SEAT 6 OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code § 2-6-1 establishes the Solid Waste Advisory Commission, its members and terms of their appointments; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the appointment of Bethany Guajardo to Seat 6 of the Solid Waste Advisory Commission as recommended by Mayor Simison and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That, effectively immediately, Bethany Guajardo is hereby appointed to Seat 6 of the Meridian Solid Waste Advisory Commission, which term shall expire September 30, 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 61h day of February, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 61h day of February, 2024. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION FOR APPOINTMENT OF BETHANY GUA7ARD0 TO SEAT 6 OF THE SOLID WASTE ADVISORY COMMISSION-Page 1 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 24-2436: A Resolution Establishing the Appointment of Brian Garrett to Seat 1 and Matthew Sandoval to Seat 4 of the Meridian Planning and Zoning Commission; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 24-2436 BY THE CITY COUNCIL: BORTON, CAVENER,LITTLE ROBERTS, OVERTON, STRADER, TAYLOR A RESOLUTION ESTABLISHING THE APPOINTMENT OF BRIAN GARRETT TO SEAT 1 AND MATTHEW SANDOVAL TO SEAT 4 OF THE MERIDIAN PLANNING AND ZONING COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code 2-1-1 establishes the Meridian Planning and Zoning Commission, its members and terms of their appointments; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the appointment of Brian Garrett to Seat 1 and Matthew Sandoval to Seat 4 of the Planning and Zoning Commission as recommended by Mayor Simison and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That, effective immediately, Brian Garrett is hereby appointed to Seat 1, which term shall expire January 31, 2025 and Matthew Sandoval is hereby appointed to Seat 4, which term shall expire January 31, 2027. 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 6th day of February, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 6th day of February, 2024. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk MERIDIAN PLANNING&ZONING COMMISSION-APPOINTMENT OF GARRETT(SEAT 1)AND SANDOVAL(SEAT 4) E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Comprehensive Financial Plan Discussion Budget Policy 1. Policy Objective 1. To set forth the City's policy regarding the development and amendment of the annual budget. 2. To set forth the roles and responsibilities for the development and amendment of the City's annual budget by the Finance department, Department Directors,City staff,the Mayor, and City Council while adhering to all Federal, State, and other governing bodies' legal requirements. 2. Policy Details 1. Appropriation Levels a. Only the City Council can set the annual budget appropriations. i. City Council shall set budgetary appropriations at the general ledger line item level. 1) The Mayor and Department Directors are responsible for adhering to the appropriations set by the Council. 2. Balanced Operating Budget a. City will develop and approve annually a balanced budget where: i. Operating expenses requested by all departments and funds will not exceed the annual amount of revenue in accordance to State Statute 50-1003 within each of the City's funds. 1) One-time revenue cannot be used to balance annual on-going operating expenses. ii. If it is necessary to use fund balance resources to balance the annual budget proposal, the use of fund balance resources are limited to one-time expenses. 3. Balanced Revenue Budget a. Finance department will be responsible for developing all revenue projections to be utilized for the annual budget. i. Other revenue considerations must be presented to the Finance department for consideration prior to the development of the annual Mayor's Budget Proposal. 4. Budget Adoption a. City will develop annually a balanced budget adhering to all applicable Idaho Code and City policies. b. City Council will approve annually a balanced budget adhering to all applicable Idaho Code and City policies. i. City Council will be responsible for approving the annual budget ordinance. c. Finance department will develop annually an amendment to the annual City budget adhering to all applicable Idaho Code and City policies. i. City Council will approve annually an amendment to the annual City budget adhering to all applicable Idaho Code and City policies. ii. City Council will be responsible for approving the annual budget amendment ordinance. 5. Budget Submission a. Mayor will submit the annual Mayor's Budget Proposal to City Council for consideration. i. Other budget considerations for proposal to City Council will not be accepted unless approved by the Mayor. 6. Budget Surplus a. Finance department will be responsible for assigning all surplus revenue to the respective fund balance. i. Finance department will determine any budget surplus on an annual basis after the submission of the annual financial audit report from the prior fiscal year. 7. Budget Transfers a. Finance department has the authority to transfer budgets. Budget Policy Page 1 i. Finance department cannot transfer budgets without the formal approval of the City Council if any of the following occur(unless an error occurred during the original establishment): 1) Budget moves between Personnel and Operating 2) Budget moves between Personnel and Capital 3) Budget moves between funds 4) Budget moves change the total budget 8. Operating DtjILIL_ a. At any time during the fiscal year,following the adoption of the budget, if the Chief Financial Officer/City Treasurer determines the current year revenues will not cover the annual operating expenses, he/she shall report to Council and recommend a spending holdback. i. City Council will approve such spending holdback up to the amount necessary to ensure current revenue will cover current operating expenses. 3. Policy Roles and Responsibilities 1. Finance department will be responsible for facilitating and communicating with all City staff and Council the necessary information required during the annual budget process. 2. Finance department will be responsible for developing and deploying all policies and procedures necessary to facilitate the annual budget process. 3. Mayor will be responsible for communicating with the Department Directors all necessary information required to develop the annual Mayor's Budget Proposal. 4. Finance department will be responsible for selecting, managing, and maintaining all budget software. 5. Department Directors will be responsible for assisting the Mayor and Finance department with developing the annual Mayor's Budget Proposal. a. Departments will be responsible for obtaining and providing all necessary information to the Mayor and Finance department during the development of the annual Mayor's Budget Proposal. 6. City Council will be responsible for communicating with the Mayor, Finance department, and Department Directors during the annual budget process. a. City Council will be responsible for requesting all necessary information from the Mayor, Finance department, and Department Directors during the annual budget process in a timely manner to assist them in establishing and approving the annual budget 7. City Council will be ultimately responsible for approving, adopting, and appropriating the annual budget after holding a public hearing for citizen and community partner input. a. The Mayor and Department Directors are responsible for adhering to the approved budget. 4. General Purpose Statement The City of Meridian (City) has an important responsibility to its citizens to carefully account for public funds, manage municipal finances wisely and transparently, manage growth, plan for adequate funding necessary for future maintenance, and development within the City. The financial management policies of the City are designed to establish guidelines for the fiscal stability of the City.The scope of the financial management policies of the City generally spans, among other issues, accounting, auditing,financial reporting, internal controls, operating and capital budgeting, revenue management, cash and investment management,expenditure control, asset management, procurement,and debt management, in order to: a. demonstrate to the citizens of Meridian,the investment community,and community partners that the City is committed to a strong fiscal operation; b. provide precedents for future policy-makers and financial managers on common financial goals and strategies; c. present fairly,transparently,and with full disclosure the financial position and results of the financial operations of the City in conformity to Generally Accepted Accounting Principles (GAAP); and Budget Policy Page 2 d. determine and demonstrate compliance with finance-related legal and contractual issues in accordance with provisions of the State of Idaho Government Code and other pertinent legal documents and mandates. S. Policy Approval Approval Date - 12/20/2019 Ordinance Number- 19-1866 Governance Body : Finance Department- Chief Financial Officer/City Treasurer Budget Policy Page 3 Financial Stability Policy 1. Policy Objective 1. To set forth the City's policy regarding the Financial Stability of the City. 2. To establish key elements for the financial stability of the City by setting policy, controls,and guidelines. 2. Policy Details 1. Long Term Financial Planning a. Finance department will be responsible for developing annually a 10 year Comprehensive Financial Plan (CFP)with at least the first 5 years of the 10 year plan balanced by using all available unassigned fund balance dollars adhering to the Fund and Fund Balance policy. i. Finance department will be responsible for developing and maintaining the procedures associated with developing the annual CFP. ii. Finance department will be responsible for facilitating the annual CFP process. b. Finance department will be responsible for developing the annual revenues and expenditures necessary for the annual CFP development. c. Financial department will be responsible for developing revenue and expense projections for at least 10 fiscal years from the most current fiscal year to be approved by the Mayor. 2. Use of One-Time Resources a. City will never use one-time Revenue resources to pay for on-going expenditures. 3. Use of Discretionary Revenues a. City will allocate 1%of all property taxes collected to the Public Safety Fund annually during the annual budget development process. b. City will allocate up to .5%of all property taxes collected to the Capital Improvement Fund annually during the annual budget development process. 4. Fund Balance a. See Fund Balance Policy 3. Policy Roles and Responsibilities 1. Finance department will be responsible for developing all financial plans for the City. a. Finance department will be responsible for developing annually a 10 year Comprehensive Financial Plan (CFP). b. Finance department will be responsible for distributing all financial plans to the Mayor, Department Directors,and City Council annually. 2. Departments are responsible for delivering all requested information to the Finance department relating to the annual development of the CFP. 3. Mayor is responsible for approving the annual CFP. 4. General Purpose Statement The City of Meridian (City) has an important responsibility to its citizens to carefully account for public funds, manage municipal finances wisely and transparently, manage growth, plan for adequate funding necessary for future maintenance, and development within the City. The financial management policies of the City are designed to establish guidelines for the fiscal stability of the City.The scope of the financial management policies of the City generally spans, among other issues, accounting, auditing, financial reporting, internal controls,operating and capital budgeting, revenue management, cash and investment management,expenditure control, asset management, procurement,and debt management, in order to: a. demonstrate to the citizens of Meridian,the investment community,and community partners that the City is committed to a strong fiscal operation; b. provide precedents for future policy-makers and financial managers on common financial Finanical Stability Policy Page 1 goals and strategies; c. present fairly,transparently, and with full disclosure the financial position and results of the financial operations of the City in conformity to Generally Accepted Accounting Principles (GAAP); and d. determine and demonstrate compliance with finance-related legal and contractual issues in accordance with provisions of the State of Idaho Government Code and other pertinent legal documents and mandates. 5. Policy Approval Approval Date - 12/20/2019 Ordinance Number- 19-1866 Governance Body : Finance Department- Chief Financial Officer/City Treasurer Finanical Stability Policy Page 2 �E IDIAN:--- COMPREHENSIVE FINANICAL PLAN Long Term Development& Growth Planning Comprehensive Financial Plan Introduction A comprehensive financial plan (CFP) is a both a short-term and long-term guide for capital, operating, and personnel expenditures. The CFP includes a list of capital, operating, and personnel requests that the City and its community envisions for the future. It is a plan that integrates timing of expenditures with the City's annual budget. The CFP identifies future needs that will benefit the City and its community. The CFP also indicates the priorities assigned to each requests and presents a target construction/implementation schedule. A carefully prepared CFP has many uses. It can assist a community to: • Anticipate and communicate community needs in advance, before needs become critical; • Rank capital,operating, and personnel improvement needs so the higher priority requests are given consideration for funding before requests not as urgently needed; • Plan for maintenance and operations costs so expenses are budgeted in advance and requests that communities cannot afford to operate are avoided; • Provide a written description and justification for requests submitted for funding so the Council, Mayor, and appropriate agencies have the information necessary to make informed decisions about funding capital, operating, and personnel requests; and • Provide the basis for capital, operating, and personnel requests as part of the annual budget. A capital CFP request is one that warrants special attention in the annual City budget. Ideally, public funds are not expended if the capital request is not listed in the City CFP. A capital expenditure should be a major, nonrecurring budget item that results in a fixed asset with an anticipated life of at least three years. Capital requests eligible for inclusion into the CFP have a minimum cost of$10,000. The CFP is updated annually, since only some of the requests are funded and completed each year. The process to update the CFP will begin in August of each year and conclude in January with the final report submitted to Council. The final CFP will assist departments with their annual budget requests due in April. The CFP integrates the City's annual budget with planning for larger requests that meet City and community goals. The CFP program involves a process where the City Council compiles a viable way to implement goals for the City and community using technical support from the City departments and suggestions from the public. F:\Reporting\Financial Ana lysis\Com prehensive Financial Plan\Comprehensive Financial Plan.docx ................................................................................... FINANCIAL STRUCTURE, POLICY AND PROCESS £ >L� � Comprehensive Financial Plan (Long Term Development & Growth Planning) Comprehensive Financial Plan Introduction A comprehensive financial plan(CFP)is both a short-term and long-term guide for capital,operating,and personnel expenditures. The CFP includes a list of capital,operating,and personnel requests that the City and its community envisions for the future. It is a plan that integrates timing of expenditures with the City's annual budget. The CFP identifies future needs that will benefit the City and its community. The CFP also indicates the priorities assigned to each requests and presents a target construction/implementation schedule. A carefully prepared CFP has many uses. It can assist a community to: Anticipate and communicate community needs in advance, before needs become critical; Rank capital, operating, and personnel improvement needs so the higher priority requests are given consideration for funding before requests not as urgently needed; Plan for maintenance and operations costs so expenses are budgeted in advance and requests that communities cannot afford to operate are avoided; • Provide a written description and justification for requests submitted for funding so the Council, Mayor, and appropriate agencies have the information necessary to make informed decisions about funding capital, operating,and personnel requests;and • Provide the basis for capital, operating, and personnel requests as part of the annual budget. A capital CFP request is one that warrants special attention in the annual City budget. Ideally,public funds are not expended if the capital request is not listed in the City CFP. A capital expenditure should be a major, nonrecurring budget item that results in a fixed asset with an anticipated life of at least three years. Capital requests eligible for inclusion into the CFP have a minimum cost of$10,000. The CFP is updated annually, since only some of the requests are funded and completed each year. The process to update the CFP will begin in August of each year and conclude in January with the final report submitted to Council.The final CFP will assist departments with their annual budget requests due in April. The CFP integrates the City's annual budget with planning for larger requests that meet City and community goals. The CFP program involves a process where the City Council compiles a viable way to implement goals for the City and community using technical support from the City departments and suggestions from the public. 44 Proposed Budget I Fiscal Year 2024 ................................................................................... ; � ��N- FINANCIAL STRUCTURE, POLICY AND PROCESS Comprehensive Financial Plan (Long-Term Plan) Fund On Going One Time FY Request Title Personnel Operating Operating Transfers Capital Total ADMINISTRATION DEPARTMENT 2025 9 Mile Creek Restoration Project $0.00 $0.00 $1,500,000.00 $0.00 $0.00 $1,500,000.00 Communications Specialist $87,526.25 $2,235.00 $3,300.00 $0.00 $0.00 $93,061.25 Deputy Attorney-Police $132,906.99 $4,610.00 $800.00 $0.00 $0.00 $138,316.99 Downtown Meridian Parking Garage $0.00 $0.00 $0.00 $0.00 $8,000,000.00 $8,000,000.00 Equip.Replace-City Council-Computers $0.00 $0.00 $1,200.00 $0.00 $0.00 $1,200.00 Equip.Replace.-City Hall-LED Retrofit Project-P1 $0.00 $0.00 $70,000.00 $0.00 $0.00 $70,000.00 Equip.Replace.-Clerks-Computers $0.00 $0.00 $1,200.00 $0.00 $0.00 $1,200.00 Equip.Replace:HR-Computers $0.00 $0.00 $1,200.00 $0.00 $0.00 $1,200.00 Equip.Replace:IT-Computers $0.00 $0.00 $9,700.00 $0.00 $0.00 $9,700.00 Equip.Replace:IT-Firewall(DR) $0.00 $0.00 $5,000.00 $0.00 $0.00 $5,000.00 Equip.Replace:IT-Office/Email-MS 365 Suite $0.00 $115,000.00 $25,000.00 $0.00 $0.00 $140,000.00 Equip.Replace:IT-VPN Appliance $0.00 $0.00 $10,000.00 $0.00 $0.00 $10,000.00 Equip.Replace.IT-Windows/SQL Server $0.00 $0.00 $50,000.00 $0.00 $0.00 $50,000.00 Equip.Replace:Legal-Computers $0.00 $0.00 $1,200.00 $0.00 $0.00 $1,200.00 Equip.Replace:Mayor-Computers $0.00 $0.00 $1,200.00 $0.00 $0.00 $1,200.00 FY23-FY24 Benefit Requests $0.00 $20,000.00 $0.00 $0.00 $0.00 $20,000.00 GIS Architecture Design $0.00 $0.00 $20,000.00 $0.00 $0.00 $20,000.00 GIS Position $83,721.94 $3,335.00 $3,500.00 $0.00 $0.00 $90,556.94 PERSI Adjustments $382,000.00 $0.00 $0.00 $0.00 $0.00 $382,000.00 Street Light Fixture Upgrade to LED $0.00 $0.00 $100,000.00 $0.00 $0.00 $100,000.00 Street Lights-Supplemental Projects $0.00 $0.00 $50,000.00 $0.00 $0.00 $50,000.00 Streetlight Program Coordinator $110,724.65 $2,275.00 $3,550.00 $0.00 $0.00 $116,549.65 Total $796,879.83 $147,455.00 $1,856,850.00 $0.00 $8,000,000.00 $10,801,184.83 2026 9 Mile Creek Restoration Project $0.00 $0.00 $1,425,382.00 $0.00 $0.00 $1,425,382.00 Citizen Survey $0.00 $25,000.00 $0.00 $0.00 $0.00 $25,000.00 COM Janitorial Staff/Equipment $331,609.63 $3,150.98 $113,077.99 $0.00 $0.00 $447,838.60 Data/Reporting Analyst $120,047.73 $3,335.00 $9,650.00 $0.00 $0.00 $133,032.73 Downtown Meridian Parking Garage $0.00 $105,000.00 $0.00 $0.00 $0.00 $105,000.00 Equip.Replace.-Clerks-Computers $0.00 $0.00 $7,200.00 $0.00 $0.00 $7,200.00 Equip.Replace:Finance-Computers $0.00 $0.00 $5,400.00 $0.00 $0.00 $5,400.00 Equip.Replace:HR-Computers $0.00 $0.00 $10,800.00 $0.00 $0.00 $10,800.00 Equip.Replace:IT-Computers $0.00 $0.00 $8,400.00 $0.00 $0.00 $8,400.00 Equip.Replace:IT-Network Refresh $0.00 $0.00 $0.00 $0.00 $100,000.00 $100,000.00 Equip.Replace.-IT-UPS/PDU at PD $0.00 $0.00 $0.00 $0.00 $20,000.00 $20,000.00 Equip.Replace:Legal-Computers $0.00 $0.00 $3,600.00 $0.00 $0.00 $3,600.00 Equip.Replace:Mayor-Computers $0.00 $0.00 $6,600.00 $0.00 $0.00 $6,600.00 PERSI Adjustments $1,050,000.00 $0.00 $0.00 $0.00 $0.00 $1,050,000.00 Replacement-Clerks-Front Counter $0.00 $0.00 $23,000.00 $0.00 $0.00 $23,000.00 Street Light Fixture Upgrade to LED $0.00 $0.00 $100,000.00 $0.00 $0.00 $100,000.00 Street Lights-Supplemental Projects $0.00 $0.00 $50,000.00 $0.00 $0.00 $50,000.00 Total $1,501,657.36 $136,485.98 $1,763,109.99 $0.00 $120,000.00 $3,521,253.33 2027 Equip.Replace-City Council-Computers $0.00 $0.00 $12,000.00 $0.00 $0.00 $12,000.00 Equip.Replace.-City Hall-Computers $0.00 $0.00 $3,000.00 $0.00 $0.00 $3,000.00 Equip.Replace:Finance-Computers $0.00 $0.00 $1,800.00 $0.00 $0.00 $1,800.00 Equip.Replace:IT-Computers $0.00 $0.00 $10,500.00 $0.00 $0.00 $10,500.00 Proposed Budget I Fiscal Year 2024 45 .................................................................................... FINANCIAL STRUCTURE, POLICY AND PROCESS ET Comprehensive Comprehensive Financial Plan (Long-Term Plan) Fund On Going One Time FY Request Title Personnel Operating Operating Transfers Capital Total Equip.Replace.-IT-Disk Based Backup System $0.00 $0.00 $0.00 $0.00 $75,000.00 $75,000.00 Equip.Replace:IT-Network Refresh $0.00 $0.00 $0.00 $0.00 $100,000.00 $100,000.00 Equip.Replace:Mayor-Computers $0.00 $0.00 $1,800.00 $0.00 $0.00 $1,800.00 PERSI Adjustments $2,045,000.00 $0.00 $0.00 $0.00 $0.00 $2,045,000.00 Street Light Fixture Upgrade to LED $0.00 $0.00 $100,000.00 $0.00 $0.00 $100,000.00 Street Lights-Supplemental Projects $0.00 $0.00 $50,000.00 $0.00 $0.00 $50,000.00 Total $2,045,000.00 $0.00 $179,100.00 $0.00 $175,000.00 $2,399,100.00 2028 Accounts Payable Specialist $84,730.90 $1,610.00 $3,250.00 $0.00 $0.00 $89,590.90 Citizen Survey $0.00 $25,000.00 $0.00 $0.00 $0.00 $25,000.00 Equip.Replace:CapitalProjects-Computers $0.00 $0.00 $1,800.00 $0.00 $0.00 $1,800.00 Equip.Replace.-City Hall-Computers $0.00 $0.00 $1,800.00 $0.00 $0.00 $1,800.00 Equip.Replace.-Clerks-Computers $0.00 $0.00 $4,700.00 $0.00 $0.00 $4,700.00 Equip.Replace:Finance-Computers $0.00 $0.00 $12,600.00 $0.00 $0.00 $12,600.00 Equip.Replace:IT-Computers $0.00 $0.00 $9,000.00 $0.00 $0.00 $9,000.00 Equip.Replace.-IT-Network Refresh $0.00 $0.00 $0.00 $0.00 $200,000.00 $200,000.00 Equip.Replace:IT-Wireless Router $0.00 $0.00 $1,200.00 $0.00 $0.00 $1,200.00 Equip.Replace.-Legal-Computers $0.00 $0.00 $4,800.00 $0.00 $0.00 $4,800.00 Equip.Replace:Mayor-Computers $0.00 $0.00 $2,950.00 $0.00 $0.00 $2,950.00 HR Generalist $90,566.00 $1,910.00 $8,550.00 $0.00 $0.00 $101,026.00 Street Light Fixture Upgrade to LED $0.00 $0.00 $100,000.00 $0.00 $0.00 $100,000.00 Street Lights-Supplemental Projects $0.00 $0.00 $50,000.00 $0.00 $0.00 $50,000.00 Total $175,296.90 $28,520.00 $200,650.00 $0.00 $200,000.00 $604,466.90 2029 Equip.Replace.-City Hall-Computers $0.00 $0.00 $1,800.00 $0.00 $0.00 $1,800.00 Equip.Replace.-Clerks-Computers $0.00 $0.00 $3,000.00 $0.00 $0.00 $3,000.00 Equip.Replace.-Finance-Computers $0.00 $0.00 $1,800.00 $0.00 $0.00 $1,800.00 Equip.Replace:IT-Computers $0.00 $0.00 $7,200.00 $0.00 $0.00 $7,200.00 Equip.Replace:IT-Converged Infrastructure $0.00 $0.00 $0.00 $0.00 $400,000.00 $400,000.00 Equip.Replace:IT-Firewall $0.00 $0.00 $40,000.00 $0.00 $0.00 $40,000.00 Equip.Replace.-Legal-Computers $0.00 $0.00 $3,000.00 $0.00 $0.00 $3,000.00 Equip.Replace.-Mayor-Computers $0.00 $0.00 $3,600.00 $0.00 $0.00 $3,600.00 Street Light Fixture Upgrade to LED $0.00 $0.00 $100,000.00 $0.00 $0.00 $100,000.00 Street Lights-Supplemental Projects $0.00 $0.00 $50,000.00 $0.00 $0.00 $50,000.00 Vehicle Replace:CityHall-Maintenance Van $0.00 $0.00 $50,000.00 $0.00 $0.00 $50,000.00 Total $0.00 $0.00 $260,400.00 $0.00 $400,000.00 $660,400.00 Total $4,518,834.09 $312,460.98 $4,260,109.99 $0.00 $8,895,000.00 $17,986,405.06 COMMUNITY DEVELOPMENT DEPARTMENT 2025 Development Permit Technician I $62,781.91 $3,746.00 $3,900.00 $0.00 $0.00 $70,427.91 Equip.Replace.-Bldg-Computers $0.00 $0.00 $9,600.00 $0.00 $0.00 $9,600.00 Equip.Replace.-Planning-Computers $0.00 $0.00 $3,000.00 $0.00 $0.00 $3,000.00 Planner(Associate or Assistant) $82,583.01 $799.99 $2,650.00 $0.00 $0.00 $86,033.00 Total $145,364.92 $4,545.99 $19,150.00 $0.00 $0.00 $169,060.91 2026 City Hall Historical Center Tenant Improvement $0.00 $0.00 $150,000.00 $0.00 $0.00 $150,000.00 Equip.Replace:Bldg-Computers $0.00 $0.00 $16,200.00 $0.00 $0.00 $16,200.00 Equip.Replace.-Planning-Computers $0.00 $0.00 $1,800.00 $0.00 $0.00 $1,800.00 Total $0.00 $0.00 $168,000.00 $0.00 $0.00 $168,000.00 46 Proposed Budget I Fiscal Year 2024 ................................................................................... ; � ��N- FINANCIAL STRUCTURE, POLICY AND PROCESS Comprehensive Financial Plan (Long-Term Plan) Fund On Going One Time FY Request Title Personnel Operating Operating Transfers Capital Total 2027 Electrical Inspector II $83,806.08 $3,746.00 $3,900.00 $0.00 $0.00 $91,452.08 Equip.Replace:Bldg-Computers $0.00 $0.00 $1,800.00 $0.00 $0.00 $1,800.00 Total $83,806.08 $3,746.00 $5,700.00 $0.00 $0.00 $93,252.08 2028 Electrical Plans Examiner $83,806.08 $3,746.00 $3,900.00 $0.00 $0.00 $91,452.08 Equip.Replace:Bldg-Computers $0.00 $0.00 $51,875.00 $0.00 $0.00 $51,875.00 Equip.Replace.-Building-Wireless Router $0.00 $0.00 $7,200.00 $0.00 $0.00 $7,200.00 Equip.Replace.-Planning-Computers $0.00 $0.00 $9,700.00 $0.00 $0.00 $9,700.00 Planning Supervisor-Comprehensive $105,758.82 $85.00 $3,364.38 $0.00 $0.00 $109,208.20 Total $189,564.90 $3,831.00 $76,039.38 $0.00 $0.00 $269,435.28 2029 Equip.Replace:Bldg-Computers $0.00 $0.00 $16,150.00 $0.00 $0.00 $16,150.00 Equip.Replace.-Building-Wireless Router $0.00 $0.00 $7,200.00 $0.00 $0.00 $7,200.00 Equip.Replace.-Planning-Computers $0.00 $0.00 $3,600.00 $0.00 $0.00 $3,600.00 Total $0.00 $0.00 $26,950.00 $0.00 $0.00 $26,950.00 Total $418,735.90 $12,122.99 $295,839.38 $0.00 $0.00 $726,698.27 FIRE DEPARTMENT 2025 Equip.Replace.-Fire-Computers $0.00 $0.00 $26,550.00 $0.00 $0.00 $26,550.00 Equip.Replace:Fire-Radios $0.00 $0.00 $912,104.00 $0.00 $0.00 $912,104.00 Fire Station#10-Land Acquisition $0.00 $0.00 $0.00 $0.00 $400,000.00 $400,000.00 Fire Station#9-Land Acquisition $0.00 $0.00 $0.00 $0.00 $400,000.00 $400,000.00 Knox Box Retrofit $0.00 $0.00 $187,333.00 $0.00 $0.00 $187,333.00 Knox Box Retrofit-DUPLICATED $0.00 $0.00 $0.00 $0.00 $187,333.00 $187,333.00 Rescue/EMS UTV $0.00 $0.00 $0.00 $0.00 $95,210.00 $95,210.00 Vehicle Replace.-Fire-Batt.Chief BC32-MF028 $0.00 $0.00 $5,950.00 $0.00 $99,847.00 $105,797.00 Vehicle Replace:Fire-Brush Engine MF022 $0.00 $0.00 $0.00 $0.00 $258,801.00 $258,801.00 Vehicle Replace.-Fire-Div.Chief of Train.-MF036 $0.00 $0.00 $0.00 $0.00 $66,960.00 $66,960.00 Vehicle Replace.-Fire-EMS Division Vehicle-MF023 $0.00 $0.00 $0.00 $0.00 $68,968.00 $68,968.00 Total $0.00 $0.00 $1,131,937.00 $0.00 $1,577,119.00 $2,709,056.00 2026 Equip.Replace:Fire-Computers $0.00 $0.00 $96,300.00 $0.00 $0.00 $96,300.00 Fire Station#10-Design $0.00 $0.00 $0.00 $0.00 $720,000.00 $720,000.00 Fire Station#9-Design $0.00 $0.00 $0.00 $0.00 $720,000.00 $720,000.00 Knox Box Retrofit-DUPLICATED-DUPLICATED $0.00 $0.00 $0.00 $0.00 $187,333.00 $187,333.00 Replacement-Fire-Roof for Station#1 $0.00 $0.00 $78,000.00 $0.00 $0.00 $78,000.00 Vehicle Replace:Fire-Deputy Chief of Prev. MF039 $0.00 $0.00 $5,950.00 $0.00 $70,534.00 $76,484.00 Vehicle Replace.-Fire-Engine MF019 $0.00 $0.00 $56,900.00 $0.00 $744,137.00 $801,037.00 Vehicle Replace.-Fire-Fire Inspector#2-MF038 $0.00 $0.00 $0.00 $0.00 $76,484.00 $76,484.00 Vehicle Replace.-Fire-Public Ed.Vehicle MF026 $0.00 $0.00 $0.00 $0.00 $41,600.00 $41,600.00 Total $0.00 $0.00 $237,150.00 $0.00 $2,560,088.00 $2,797,238.00 2027 Equip.Replace:Fire-Computers $0.00 $0.00 $14,400.00 $0.00 $0.00 $14,400.00 Equip.Replace:Fire-Hydraulic Extrication Tools $0.00 $0.00 $0.00 $0.00 $250,000.00 $250,000.00 Equip.Replace:Fire-Thermal Imaging Cameras (10) $0.00 $0.00 $70,400.00 $0.00 $0.00 $70,400.00 Fire Station#10-Ladder Truck $0.00 $17,500.00 $382,720.00 $0.00 $1,300,000.00 $1,700,220.00 Fire Station#9-Construction $0.00 $28,900.00 $0.00 $0.00 $7,000,000.00 $7,028,900.00 Fire Station#9-Fire Engine $0.00 $14,500.00 $0.00 $0.00 $672,334.00 $686,834.00 Vehicle Replace.-Fire-Brush Engine MF029 $0.00 $0.00 $0.00 $0.00 $258,801.00 $258,801.00 Vehicle Replace.-Fire-Training Division-MF042 $0.00 $0.00 $0.00 $0.00 $76,484.00 $76,484.00 Proposed Budget I Fiscal Year 2024 ��bl .................................................................................... FINANCIAL STRUCTURE, POLICY AND PROCESS Comprehensive Financial Plan (Long-Term Plan) Fund On Going One Time FY Request Title Personnel Operating Operating Transfers Capital Total Vehicle Replace.-Fire-Training Division-MF043 $0.00 $0.00 $0.00 $0.00 $76,484.00 $76,484.00 Total $0.00 $60,900.00 $467,520.00 $0.00 $9,634,103.00 $10,162,523.00 2028 Equip.Replace:Fire-Computers $0.00 $0.00 $6,600.00 $0.00 $0.00 $6,600.00 Equip.Replace:Fi re-SC BA Breathing AirCompressor $0.00 $0.00 $0.00 $0.00 $75,000.00 $75,000.00 Equip.Replace:Fire-Wireless Router $0.00 $0.00 $13,200.00 $0.00 $0.00 $13,200.00 Fire Station#10-Construction $0.00 $28,900.00 $0.00 $0.00 $7,000,000.00 $7,028,900.00 Vehicle Replace.-Fire-Dep.Chief of Ops.- MF044 $0.00 $0.00 $0.00 $0.00 $62,000.00 $62,000.00 Total $0.00 $28,900.00 $19,800.00 $0.00 $7,137,000.00 $7,185,700.00 2029 Equip.Replace:Fire-Computers $0.00 $0.00 $24,050.00 $0.00 $0.00 $24,050.00 Equip.Replace:Fire-Wireless Router $0.00 $0.00 $13,200.00 $0.00 $0.00 $13,200.00 Total $0.00 $0.00 $37,250.00 $0.00 $0.00 $37,250.00 Total $0.00 $89,800.00 $1,893,657.00 $0.00 $20,908,310.00 $22,891,767.00 PARKS&RECREATION DEPARTMENT 2025 Community Center-Design/Const.Docs. $0.00 $0.00 $0.00 $0.00 $11,750,000.00 $11,750,000.00 Equip.Replace.-Parks-Computers $0.00 $0.00 $12,450.00 $0.00 $0.00 $12,450.00 Equip.Replace:Parks-Facility Life Cycle $0.00 $0.00 $165,000.00 $0.00 $536,840.00 $701,840.00 Forestry Assistant and Vehicle $73,264.04 $3,616.00 $49,324.00 $0.00 $0.00 $126,204.04 Graycliff Park-Design $0.00 $0.00 $0.00 $0.00 $185,000.00 $185,000.00 Lakeview Golf Course Improvements $0.00 $0.00 $0.00 $0.00 $721,230.00 $721,230.00 MAPS-Art Work $0.00 $0.00 $0.00 $0.00 $75,503.00 $75,503.00 Meridian Chamber of Commerce Building Acquisition $0.00 $0.00 $0.00 $0.00 $100,000.00 $100,000.00 Park Maintenance Equipment Capital Purchases $0.00 $0.00 $90,000.00 $0.00 $0.00 $90,000.00 Pathway Connections $1,500.00 $4,275.00 $0.00 $0.00 $350,000.00 $355,775.00 Pathway Development-Maint.Tech.and Vehicles $63,592.28 $4,765.00 $61,700.00 $0.00 $0.00 $130,057.28 Public Art Master Plan $0.00 $0.00 $30,000.00 $0.00 $0.00 $30,000.00 Recreation Coordinator 1 (Special Events) $82,912.21 $1,060.00 $9,950.00 $0.00 $0.00 $93,922.21 Replacement-Parks-Vehicle and Equipment $0.00 $0.00 $50,400.00 $0.00 $698,000.00 $748,400.00 Shade Structure in Existing Parks $0.00 $0.00 $0.00 $0.00 $50,000.00 $50,000.00 Total $221,268.53 $13,716.00 $468,824.00 $0.00 $14,466,573.00 $15,170,381.53 2026 Community Center Staffing $272,333.02 $474,362.40 $134,640.00 $0.00 $36,000.00 $917,335.42 Discovery Park,Phase 3-Design $0.00 $0.00 $0.00 $0.00 $500,000.00 $500,000.00 Equip.Replace:Parks-Computers $0.00 $0.00 $14,950.00 $0.00 $0.00 $14,950.00 Equip.Replace:Parks-Facility Life Cycle $0.00 $0.00 $75,000.00 $0.00 $50,000.00 $125,000.00 Graycliff Park-Construction $23,454.35 $41,037.00 $2,500.00 $0.00 $1,906,500.00 $1,973,491.35 Graycliff Park-Maintenance Technician& Vehicle $63,592.28 $5,641.00 $45,700.00 $0.00 $0.00 $114,933.28 Impact Fee Eligible Park Land $0.00 $0.00 $0.00 $0.00 $5,525,000.00 $5,525,000.00 MAPS-Art Work $0.00 $0.00 $0.00 $0.00 $77,155.00 $77,155.00 Park Identity/Theming Reinforcement $0.00 $0.00 $0.00 $0.00 $200,000.00 $200,000.00 Park Scheduling Specialist $72,899.27 $1,210.00 $9,700.00 $0.00 $0.00 $83,809.27 Pathway Connections $1,500.00 $4,000.00 $0.00 $0.00 $250,000.00 $255,500.00 Replacement-Parks-Vehicle and Equipment $0.00 $0.00 $151,000.00 $0.00 $285,000.00 $436,000.00 Total $433,778.92 $526,250.40 $433,490.00 $0.00 $8,829,655.00 $10,223,174.32 2027 Community Center-Design/Const.Docs. $0.00 $119,822.00 $0.00 $0.00 $0.00 $119,822.00 Discovery Park,Phase 3-Construction $89,929.77 $91,351.50 $40,632.00 $0.00 $5,160,000.00 $5,381,913.27 48 Proposed Budget I Fiscal Year 2024 ................................................................................... ; � ��N- FINANCIAL STRUCTURE, POLICY AND PROCESS Comprehensive Financial Plan (Long-Term Plan) Fund On Going One Time FY Request Title Personnel Operating Operating Transfers Capital Total Equip.Replace:Parks-Computers $0.00 $0.00 $6,550.00 $0.00 $0.00 $6,550.00 Equip.Replace:Parks-Facility Life Cycle $0.00 $0.00 $250,000.00 $0.00 $486,800.00 $736,800.00 MAPS-Art Work $0.00 $0.00 $0.00 $0.00 $78,807.00 $78,80TOO Meridian Parks&Recreation Master Plan Update $0.00 $0.00 $150,000.00 $0.00 $0.00 $150,000.00 Park Maintenance Equipment Capital Purchases $0.00 $0.00 $0.00 $0.00 $60,000.00 $60,000.00 Pathway Connections $0.00 $0.00 $0.00 $0.00 $50,000.00 $50,000.00 Replacement-Parks-Vehicle and Equipment $0.00 $0.00 $100,000.00 $0.00 $290,000.00 $390,000.00 Shade Structure in Existing Parks $0.00 $0.00 $0.00 $0.00 $200,000.00 $200,000.00 West Regional Park-Design $0.00 $0.00 $0.00 $0.00 $500,000.00 $500,000.00 Total $89,929.77 $211,173.50 $547,182.00 $0.00 $6,825,607.00 $7,673,892.27 2028 Equip.Replace:Parks-Computers $0.00 $0.00 $10,200.00 $0.00 $0.00 $10,200.00 Equip.Replace:Parks-Facility Life Cycle $0.00 $0.00 $100,000.00 $0.00 $386,800.00 $486,800.00 Impact Fee Eligible Park Land $0.00 $0.00 $0.00 $0.00 $2,500,000.00 $2,500,000.00 MAPS-Art Work $0.00 $0.00 $0.00 $0.00 $80,459.00 $80,459.00 Park Identity/Theming Reinforcement $0.00 $0.00 $0.00 $0.00 $50,000.00 $50,000.00 Park Maintenance Equipment Capital Purchases $0.00 $0.00 $0.00 $0.00 $80,000.00 $80,000.00 Pathway Connections $1,500.00 $5,000.00 $0.00 $0.00 $500,000.00 $506,500.00 Replacement-Parks-Vehicle and Equipment $0.00 $0.00 $125,400.00 $0.00 $400,000.00 $525,400.00 West Regional Park-Construction $132,714.84 $86,626.00 $40,000.00 $0.00 $5,147,500.00 $5,406,840.84 West Regional Park-Maint.Tech.and Vehicle $63,592.28 $4,491.00 $51,074.00 $0.00 $0.00 $119,157.28 West Regional Park-Sr.Maint.Tech.&Vehicle $73,264.04 $4,491.00 $46,924.00 $0.00 $0.00 $124,679.04 Total $271,071.16 $100,608.00 $373,598.00 $0.00 $9,144,759.00 $9,890,036.16 2029 Equip.Replace:Parks-Computers $0.00 $0.00 $8,950.00 $0.00 $0.00 $8,950.00 Equip.Replace:Parks-Facility Life Cycle $0.00 $0.00 $80,000.00 $0.00 $386,800.00 $466,800.00 MAPS-Art Work $0.00 $0.00 $0.00 $0.00 $82,111.00 $82,111.00 Margaret Aldape Park-Design $0.00 $0.00 $0.00 $0.00 $994,000.00 $994,000.00 Pathway Connections $0.00 $0.00 $0.00 $0.00 $300,000.00 $300,000.00 Replacement-Parks-Vehicle and Equipment $0.00 $0.00 $165,000.00 $0.00 $125,000.00 $290,000.00 Shade Structure in Existing Parks $0.00 $0.00 $0.00 $0.00 $100,000.00 $100,000.00 Total $0.00 $0.00 $253,950.00 $0.00 $1,987,911.00 $2,241,861.00 Total $1,016,048.38 $851,747.90 $2,077,044.00 $0.00 $41,254,505.00 $45,199,345.28 JIVE POLICE DEPARTMENT 2025 Criminal Intelligence Analyst $110,139.85 $16,149.00 $5,050.00 $0.00 $0.00 $131,338.85 Emergency Vehicle Technician $91,520.65 $7,585.00 $16,330.00 $0.00 $0.00 $115,435.65 Equip.Replace:Police-Armor Vests $0.00 $0.00 $86,600.00 $0.00 $0.00 $86,600.00 Equip.Replace.-Police-Canine(4) $0.00 $0.00 $0.00 $0.00 $48,000.00 $48,000.00 Equip.Replace:Police-Computers $0.00 $0.00 $79,800.00 $0.00 $0.00 $79,800.00 Police-SRO and Vehicle $128,900.15 $12,179.00 $22,749.00 $0.00 $94,440.00 $258,268.15 Police Detective with Vehicle $105,848.33 $8,217.00 $61,369.00 $0.00 $0.00 $175,434.33 Police Motor Officers(2)with Motorcycles $187,686.64 $16,368.00 $120,164.00 $0.00 $0.00 $324,218.64 Police Officers(2)with Vehicle $182,220.06 $15,148.00 $41,401.00 $0.00 $94,440.00 $333,209.06 Records Clerk $71,950.22 $2,193.00 $7,050.00 $0.00 $0.00 $81,193.22 Replacement-Police-Roof Design for PD Admin Bldg $0.00 $0.00 $823,509.00 $0.00 $0.00 $823,509.00 Sergeants(2)with Vehicle $340,503.84 $13,858.00 $49,956.00 $0.00 $94,440.00 $498,757.84 Support Services Commander $158,135.39 $5,561.44 $41,610.00 $0.00 $0.00 $205,306.83 Proposed Budget I Fiscal Year 2024 49 .................................................................................... FINANCIAL STRUCTURE, POLICY AND PROCESS Comprehensive Financial Plan (Long-Term Plan) Fund On Going One Time FY Request Title Personnel Operating Operating Transfers Capital Total Vehicle Replace.-Police-Fleet Vehicles $0.00 $0.00 $154,000.00 $0.00 $312,000.00 $466,000.00 Total $1,376,905.13 $97,258.44 $1,509,588.00 $0.00 $643,320.00 $3,627,071.57 2026 Design fees for PSTC(Phase 3) $0.00 $0.00 $655,000.00 $0.00 $0.00 $655,000.00 Equip.Replace:Police-Armor Vests $0.00 $0.00 $29,900.00 $0.00 $0.00 $29,900.00 Equip.Replace:Police-Computers $0.00 $0.00 $318,600.00 $0.00 $0.00 $318,600.00 Lieutenant with Vehicle $196,242.08 $11,558.00 $15,650.00 $0.00 $94,400.00 $317,850.08 Mental Health Coordinator $114,906.10 $1,745.00 $14,165.00 $0.00 $0.00 $130,816.10 Police Officers(2)with Vehicle $182,220.06 $13,626.00 $38,233.00 $0.00 $94,440.00 $328,519.06 Records Clerk-Precinct $71,950.22 $1,693.00 $6,550.00 $0.00 $0.00 $80,193.22 Rescue Vehicle Northwest Precinct $0.00 $6,400.00 $8,033.00 $0.00 $150,000.00 $164,433.00 Sergeants(2)with Vehicle $340,503.84 $11,146.00 $44,907.00 $0.00 $94,440.00 $490,996.84 Sr.Crime Analyst $79,845.61 $585.00 $5,225.00 $0.00 $0.00 $85,655.61 Vehicle Replace.-Police-Fleet Vehicles $0.00 $0.00 $0.00 $0.00 $1,044,000.00 $1,044,000.00 Total $985,667.91 $46,753.00 $1,136,263.00 $0.00 $1,477,280.00 $3,645,963.91 2027 Administrative Assistant $74,548.49 $585.00 $6,525.00 $0.00 $0.00 $81,658.49 Civilian Internal Affairs Inv.with Vehicle $94,618.17 $5,561.44 $43,010.00 $0.00 $0.00 $143,189.61 Code Enforcement Officer $63,391.89 $4,845.00 $56,550.00 $0.00 $0.00 $124,786.89 Equip.Replace:Police-Armor Vests $0.00 $0.00 $106,400.00 $0.00 $10,300.00 $116,700.00 Equip.Replace:Police-Computers $0.00 $0.00 $52,800.00 $0.00 $0.00 $52,800.00 Police Detectives(2)with Vehicle $211,696.66 $16,316.00 $113,788.00 $0.00 $0.00 $341,800.66 Police Officers(2)with Vehicle $182,220.06 $13,626.00 $36,841.00 $0.00 $94,440.00 $327,127.06 Public Safety Training Center(Phase 3) $0.00 $0.00 $0.00 $0.00 $11,220,000.00 $11,220,000.00 Vehicle Replace.-Police-Fleet Vehicles $0.00 $0.00 $0.00 $0.00 $1,181,000.00 $1,181,000.00 Victim Witness Supervisor $112,986.58 $5,745.00 $6,375.00 $0.00 $38,000.00 $163,106.58 Total $739,461.85 $46,678.44 $422,289.00 $0.00 $12,543,740.00 $13,752,169.29 2028 Equip.Replace:Police-Armor Vests $0.00 $0.00 $24,300.00 $0.00 $0.00 $24,300.00 Equip.Replace:Police-Computers $0.00 $0.00 $29,200.00 $0.00 $0.00 $29,200.00 Equip.Replace:Police-Wireless Router $0.00 $0.00 $26,400.00 $0.00 $0.00 $26,400.00 Fleet and Building Services Assistant $79,389.11 $1,045.00 $4,710.00 $0.00 $0.00 $85,144.11 PoliceAdmin.Building-Tenant Improvement $0.00 $0.00 $0.00 $0.00 $1,000,000.00 $1,000,000.00 Police Officers(2)with Vehicle $182,220.06 $13,626.00 $36,841.00 $0.00 $94,440.00 $327,127.06 PoliceSgt-SRO with Vehicle $151,147.48 $9,658.00 $18,553.00 $0.00 $94,440.00 $273,798.48 Vehicle Replace.-Police-Fleet Vehicles $0.00 $0.00 $0.00 $0.00 $1,012,000.00 $1,012,000.00 Total $412,756.65 $24,329.00 $140,004.00 $0.00 $2,200,880.00 $2,777,969.65 2029 Equip.Replace:Police-Armor Vests $0.00 $0.00 $24,300.00 $0.00 $0.00 $24,300.00 Equip.Replace:Police-Computers $0.00 $0.00 $28,200.00 $0.00 $0.00 $28,200.00 Equip.Replace:Police-Wireless Router $0.00 $0.00 $27,600.00 $0.00 $0.00 $27,600.00 Police Officers(2)with Vehicle $182,220.06 $13,626.00 $36,841.00 $0.00 $94,440.00 $327,127.06 Vehicle Replace.-Police-Fleet Vehicles $0.00 $0.00 $0.00 $0.00 $1,014,000.00 $1,014,000.00 Total $182,220.06 $13,626.00 $116,941.00 $0.00 $1,108,440.00 $1,421,227.06 Total $3,697,011.60 $228,644.88 $3,325,085.00 $0.00 $17,973,660.00 $25,224,401.48 PUBLIC WORKS DEPARTMENT i 2025 City Hall HVAC Recommissioning $0.00 $0.00 $50,000.00 $0.00 $0.00 $50,000.00 Civil Engineering Plans Examiner 1 $72,300.80 $3,746.00 $5,400.00 $0.00 $0.00 $81,446.80 Equip.Replace:PW-Computers $0.00 $0.00 $6,600.00 $0.00 $0.00 $6,600.00 Vehicle Replace:PW-1998 Ford 1/2 Ton Ranger $0.00 $0.00 $48,000.00 $0.00 $0.00 $48,000.00 Vehicle Replace:PW-2014 Ford F-150 $0.00 $0.00 $48,000.00 $0.00 $0.00 $48,000.00 10�� Proposed Budget I Fiscal Year 2024 ................................................................................... ; � ��N- FINANCIAL STRUCTURE, POLICY AND PROCESS Comprehensive Financial Plan (Long-Term Plan) Fund On Going One Time FY Request Title Personnel Operating Operating Transfers Capital Total Total $72,300.80 $3,746.00 $158,000.00 $0.00 $0.00 $234,046.80 2026 Equip.Replace:PW-Computers $0.00 $0.00 $14,400.00 $0.00 $0.00 $14,400.00 Vehicle Replace:PW-2014 Ford F-150 $0.00 $0.00 $0.00 $0.00 $48,000.00 $48,000.00 Total $0.00 $0.00 $14,400.00 $0.00 $48,000.00 $62,400.00 2027 Equip.Replace:PW-Computers $0.00 $0.00 $5,400.00 $0.00 $0.00 $5,400.00 Vehicle Replace:PW-2015 Ford F-150 $0.00 $0.00 $48,000.00 $0.00 $0.00 $48,000.00 Total $0.00 $0.00 $53,400.00 $0.00 $0.00 $53,400.00 2028 Cost of Service Study $0.00 $0.00 $125,000.00 $0.00 $0.00 $125,000.00 Equip.Replace.-Land Dev:Computers $0.00 $0.00 $4,150.00 $0.00 $0.00 $4,150.00 Equip.Replace:PW-Computers $0.00 $0.00 $19,800.00 $0.00 $0.00 $19,800.00 Equip.Replace:PW-Wireless Router $0.00 $0.00 $4,800.00 $0.00 $0.00 $4,800.00 Inspector II and Vehicle $82,657.67 $7,760.00 $4,010.00 $0.00 $50,000.00 $144,427.67 Vehicle Replace:PW-2015 Ford F-150 $0.00 $0.00 $0.00 $0.00 $48,000.00 $48,000.00 Vehicle Replace:PW-2017 Chevrolet 1500 $0.00 $0.00 $0.00 $0.00 $48,000.00 $48,000.00 Total $82,657.67 $7,760.00 $157,760.00 $0.00 $146,000.00 $394,177.67 2029 Equip.Replace:PW-Computers $0.00 $0.00 $20,550.00 $0.00 $0.00 $20,550.00 Equip.Replace:PW-Wireless Router $0.00 $0.00 $3,600.00 $0.00 $0.00 $3,600.00 SCADA System Programmer $116,994.80 $2,235.00 $4,382.00 $0.00 $0.00 $123,611.80 Total $116,994.80 $2,235.00 $28,532.00 $0.00 $0.00 $147,761.80 Total $271,953.27 $13,741.00 $412,092.00 $0.00 $194,000.00 $891,786.27 WATER DEPARTMENT _ 2025 Chemicals for Well Treatment $0.00 $35,000.00 $0.00 $0.00 $0.00 $35,000.00 Equip.Replace.-Water-Computers $0.00 $0.00 $6,600.00 $0.00 $0.00 $6,600.00 Lead Cross Connection Inspector and Vehicle $105,275.62 $6,443.00 $4,677.00 $0.00 $48,000.00 $164,395.62 New Source Sampling $0.00 $0.00 $12,000.00 $0.00 $0.00 $12,000.00 Replacement-Water-SCADA $0.00 $0.00 $100,000.00 $0.00 $0.00 $100,000.00 Replacement-Water-Water Main(s) $0.00 $0.00 $0.00 $0.00 $1,300,000.00 $1,300,000.00 Sampling UCMRs $0.00 $0.00 $30,000.00 $0.00 $0.00 $30,000.00 Vehicle Replace:Water-2005 GMC 2500 3/4 Ton $0.00 $0.00 $48,000.00 $0.00 $0.00 $48,000.00 Vehicle Replace:Water-2007 Ford 1/2 Ton $0.00 $0.00 $48,000.00 $0.00 $0.00 $48,000.00 Water Main Extensions/Adjustments $0.00 $0.00 $0.00 $0.00 $1,495,000.00 $1,495,000.00 Well 22 Contact Time $0.00 $0.00 $0.00 $0.00 $500,000.00 $500,000.00 Well 24 Water Treatment $0.00 $0.00 $0.00 $0.00 $1,400,000.00 $1,400,000.00 Total $105,275.62 $41,443.00 $249,277.00 $0.00 $4,743,000.00 $5,138,995.62 2026 Arc Flash Study(Water) $0.00 $0.00 $20,000.00 $0.00 $0.00 $20,000.00 Chemicals for Well Treatment $0.00 $20,000.00 $0.00 $0.00 $0.00 $20,000.00 Equip.Replace.-Water-Computers $0.00 $0.00 $16,200.00 $0.00 $0.00 $16,200.00 Equip.Replace.-Water-Meters $0.00 $30,363.00 $0.00 $0.00 $0.00 $30,363.00 PRV-SCADA $0.00 $0.00 $0.00 $0.00 $250,000.00 $250,000.00 Replacement-Water-SCADA $0.00 $0.00 $100,000.00 $0.00 $0.00 $100,000.00 Replacement-Water-Water Main(s) $0.00 $0.00 $0.00 $0.00 $1,200,000.00 $1,200,000.00 Replacement-Water-Well 11 B $0.00 $0.00 $0.00 $0.00 $180,000.00 $180,000.00 Unidirectional Flushing Program $0.00 $0.00 $50,000.00 $0.00 $0.00 $50,000.00 Vehicle Replace:Water-2000 Ford F350 $0.00 $0.00 $48,000.00 $0.00 $0.00 $48,000.00 Vehicle Replace:Water-2001 Chevrolet 1/2 Ton $0.00 $0.00 $48,000.00 $0.00 $0.00 $48,000.00 Vehicle Replace:Water-2015 Ford 3/4 Ton $0.00 $0.00 $0.00 $0.00 $48,000.00 $48,000.00 Water Main Extensions/Adjustments $0.00 $0.00 $0.00 $0.00 $300,000.00 $300,000.00 Proposed Budget I Fiscal Year 2024 W 51 .................................................................................... FINANCIAL STRUCTURE, POLICY AND PROCESS Comprehensive Financial Plan (Long-Term Plan) Fund On Going One Time FY Request Title Personnel Operating Operating Transfers Capital Total Well 24 Water Treatment $0.00 $0.00 $0.00 $0.00 $2,200,000.00 $2,200,000.00 Well 29 Pump $0.00 $0.00 $0.00 $0.00 $250,000.00 $250,000.00 Well 35(Overland&Ridenbaugh Canal) $0.00 $0.00 $0.00 $0.00 $900,000.00 $900,000.00 Total $0.00 $50,363.00 $282,200.00 $0.00 $5,328,000.00 $5,660,563.00 2027 Chemicals for Well Treatment $0.00 $15,000.00 $0.00 $0.00 $0.00 $15,000.00 Equip.Replace:Water-Base Radio Repeater $0.00 $0.00 $0.00 $0.00 $15,000.00 $15,000.00 Equip.Replace.-Water-Computers $0.00 $0.00 $7,200.00 $0.00 $0.00 $7,200.00 Equip.Replace.-Water-Meters $0.00 $23,219.00 $0.00 $0.00 $0.00 $23,219.00 New Source Sampling $0.00 $0.00 $12,000.00 $0.00 $0.00 $12,000.00 Replacement-Water-SCADA $0.00 $0.00 $100,000.00 $0.00 $0.00 $100,000.00 Replacement-Water-Water Main(s) $0.00 $0.00 $0.00 $0.00 $1,200,000.00 $1,200,000.00 Replacement-Water-Well 11 B $0.00 $0.00 $0.00 $0.00 $900,000.00 $900,000.00 Vehicle Replace:Water-2003 Chevrolet 1/2 Ton $0.00 $0.00 $0.00 $0.00 $48,000.00 $48,000.00 Victory Booster Jockey Pump Upgrade $0.00 $0.00 $0.00 $0.00 $150,000.00 $150,000.00 Water Div.SCADA Master Plan Update $0.00 $0.00 $100,000.00 $0.00 $0.00 $100,000.00 Water Main Extensions/Adjustments $0.00 $0.00 $0.00 $0.00 $1,000,000.00 $1,000,000.00 Well 35(Overland&Ridenbaugh Canal) $0.00 $0.00 $0.00 $0.00 $700,000.00 $700,000.00 Total $0.00 $38,219.00 $219,200.00 $0.00 $4,013,000.00 $4,270,419.00 2028 Chemicals for Well Treatment $0.00 $15,000.00 $0.00 $0.00 $0.00 $15,000.00 Equip.Replace.-Water-Computers $0.00 $0.00 $23,400.00 $0.00 $0.00 $23,400.00 Equip.Replace.-Water-Hand Held Readers $0.00 $0.00 $30,000.00 $0.00 $0.00 $30,000.00 Equip.Replace.-Water-Wireless Router $0.00 $0.00 $32,160.00 $0.00 $0.00 $32,160.00 Pressure Zone 6 Booster Station $0.00 $0.00 $0.00 $0.00 $200,000.00 $200,000.00 Replacement-Water-SCADA $0.00 $0.00 $100,000.00 $0.00 $0.00 $100,000.00 Replacement-Water-Water Main(s) $0.00 $0.00 $0.00 $0.00 $1,200,000.00 $1,200,000.00 Replacement-Water-Well 11 B $0.00 $0.00 $0.00 $0.00 $700,000.00 $700,000.00 Water Main Extensions/Adjustments $0.00 $0.00 $0.00 $0.00 $300,000.00 $300,000.00 Water Master Plan Update $0.00 $0.00 $400,000.00 $0.00 $0.00 $400,000.00 Well 32 Water Treatment $0.00 $0.00 $0.00 $0.00 $50,000.00 $50,000.00 Well 35(Overland&Ridenbaugh Canal) $0.00 $0.00 $0.00 $0.00 $2,000,000.00 $2,000,000.00 Total $0.00 $15,000.00 $585,560.00 $0.00 $4,450,000.00 $5,050,560.00 2029 Equip.Replace.-Water-Computers $0.00 $0.00 $4,800.00 $0.00 $0.00 $4,800.00 Equip.Replace.-Water-Wireless Router $0.00 $0.00 $24,960.00 $0.00 $0.00 $24,960.00 Pressure Zone 6 Booster Station $0.00 $0.00 $0.00 $0.00 $1,500,000.00 $1,500,000.00 Pressure Zone Development $0.00 $0.00 $0.00 $0.00 $250,000.00 $250,000.00 Replacement-Water-SCADA $0.00 $0.00 $100,000.00 $0.00 $0.00 $100,000.00 Replacement-Water-Water Main(s) $0.00 $0.00 $0.00 $0.00 $900,000.00 $900,000.00 Replacement-Water-Well 11 B $0.00 $0.00 $0.00 $0.00 $2,000,000.00 $2,000,000.00 Sampling UCMRs $0.00 $0.00 $60,000.00 $0.00 $0.00 $60,000.00 Vehicle Replace:Water-1984 Intl.Dump Truck $0.00 $0.00 $0.00 $0.00 $200,000.00 $200,000.00 Water Administration&Operations Facility $0.00 $0.00 $0.00 $0.00 $75,000.00 $75,000.00 Water Main Extensions/Adjustments $0.00 $0.00 $0.00 $0.00 $900,000.00 $900,000.00 Water Operator III and Vehicle $89,323.79 $5,103.00 $4,694.00 $0.00 $48,000.00 $147,120.79 Well 32 Water Treatment $0.00 $0.00 $0.00 $0.00 $1,400,000.00 $1,400,000.00 Well 33,Bridgetower $0.00 $0.00 $0.00 $0.00 $800,000.00 $800,000.00 Total $89,323.79 $5,103.00 $194,454.00 $0.00 $8,073,000.00 $8,361,880.79 Total $194,599.41 $150,128.00 $1,530,691.00 $0.00 $26,607,000.00 $28,482,418.41 52 Proposed Budget I Fiscal Year 2024 ................................................................................... ; � ��N- FINANCIAL STRUCTURE, POLICY AND PROCESS Comprehensive Financial Plan (Long-Term Plan) Fund On Going One Time FY Request Title Personnel Operating Operating Transfers Capital Total WASTEWATER DEPARTMENT 2025 Can-Ada Lift Station $0.00 $0.00 $0.00 $0.00 $4,500,000.00 $4,500,000.00 DAFT HVAC $0.00 $0.00 $40,000.00 $0.00 $0.00 $40,000.00 Drying Bed Repair $0.00 $0.00 $50,000.00 $0.00 $0.00 $50,000.00 Equip.Replace.-WRRF-CCTV Camera/ Transporter $0.00 $0.00 $73,000.00 $0.00 $0.00 $73,000.00 Equip.Replace.-WRRF-Computers $0.00 $0.00 $20,400.00 $0.00 $0.00 $20,400.00 Equip.Replace.-WRRF-Lab Equipment $0.00 $15,000.00 $0.00 $0.00 $0.00 $15,000.00 Equip.Replace.-WRRF-Screw Sucker Pump $0.00 $0.00 $0.00 $0.00 $100,000.00 $100,000.00 Equip.Replace.-WRRF-Tertiary Filter Media $0.00 $0.00 $6,000.00 $0.00 $0.00 $6,000.00 Fermentation Phase II $0.00 $0.00 $0.00 $0.00 $250,000.00 $250,000.00 Mechanic II $82,790.15 $2,795.00 $6,842.00 $0.00 $0.00 $92,427.15 Operator III $88,564.46 $1,907.00 $2,510.00 $0.00 $0.00 $92,981.46 Operator III $88,564.46 $1,835.00 $2,582.00 $0.00 $0.00 $92,981.46 Re-use Tank Recoat $0.00 $0.00 $300,000.00 $0.00 $0.00 $300,000.00 Replacement-WRRF-SCADA $0.00 $0.00 $120,000.00 $0.00 $0.00 $120,000.00 Replacement-WRRF-Sewer Main(s) $0.00 $0.00 $0.00 $0.00 $1,820,000.00 $1,820,000.00 Sewer Line Extensions/Adjustments $0.00 $0.00 $0.00 $0.00 $1,432,000.00 $1,432,000.00 Tertiary Filter Expansion $0.00 $0.00 $0.00 $0.00 $21,000,000.00 $21,000,000.00 Vehicle Replace:WRRF-2001 UTV $0.00 $0.00 $9,000.00 $0.00 $0.00 $9,000.00 Vehicle Replace:WRRF-2006 UTV $0.00 $0.00 $9,000.00 $0.00 $0.00 $9,000.00 Vehicle Replace:WRRF-2009 CCTV Van $0.00 $0.00 $0.00 $0.00 $350,000.00 $350,000.00 VFD-Blower $0.00 $0.00 $0.00 $0.00 $550,000.00 $550,000.00 WRRF Aeration Basin 9 and 10 $0.00 $0.00 $0.00 $0.00 $12,200,000.00 $12,200,000.00 WRRF Odor Control $0.00 $0.00 $0.00 $0.00 $1,400,000.00 $1,400,000.00 WRRF Underground Powerlines $0.00 $0.00 $0.00 $0.00 $250,000.00 $250,000.00 Total $259,919.07 $21,537.00 $639,334.00 $0.00 $43,852,000.00 $44,772,790.07 2026 Arc Flash Study(WRRF) $0.00 $0.00 $20,000.00 $0.00 $0.00 $20,000.00 Equip.Replace.-WRRF-Computers $0.00 $0.00 $10,800.00 $0.00 $0.00 $10,800.00 Equip.Replace:WRRF-Hydrocleaner Hose $0.00 $0.00 $10,000.00 $0.00 $0.00 $10,000.00 Equip.Replace.-WRRF-Lab Equipment $0.00 $0.00 $15,000.00 $0.00 $0.00 $15,000.00 Equip.Replace.-WRRF-Tertiary Filter Media $0.00 $0.00 $75,000.00 $0.00 $0.00 $75,000.00 Existing Laboratory Retrofit $0.00 $0.00 $0.00 $0.00 $50,000.00 $50,000.00 Fermentation Phase II $0.00 $0.00 $0.00 $0.00 $2,110,000.00 $2,110,000.00 Final Limits-Chemicals $0.00 $300,000.00 $0.00 $0.00 $0.00 $300,000.00 Manhole Survey $0.00 $0.00 $25,000.00 $0.00 $0.00 $25,000.00 Mechanic II $82,790.15 $2,795.00 $6,842.00 $0.00 $0.00 $92,427.15 New NPDES Permit Compliance Projects $0.00 $0.00 $0.00 $0.00 $1,400,000.00 $1,400,000.00 Operator III $88,564.46 $1,295.00 $3,122.00 $0.00 $0.00 $92,981.46 Replacement-WRRF-SCADA $0.00 $0.00 $120,000.00 $0.00 $0.00 $120,000.00 Replacement-WRRF-Sewer Main(s) $0.00 $0.00 $0.00 $0.00 $2,110,000.00 $2,110,000.00 Resurfacing/Slurry Coat of WRRF Asphalt $0.00 $0.00 $200,000.00 $0.00 $0.00 $200,000.00 Sewer Line Extensions/Adjustments $0.00 $0.00 $0.00 $0.00 $325,000.00 $325,000.00 Tertiary Filter Expansion $0.00 $0.00 $0.00 $0.00 $7,000,000.00 $7,000,000.00 WRRF Aeration Basin 9 and 10 $0.00 $0.00 $0.00 $0.00 $6,400,000.00 $6,400,000.00 WRRF Boiler $0.00 $0.00 $0.00 $0.00 $500,000.00 $500,000.00 WRRF Land Acquisition $0.00 $0.00 $0.00 $0.00 $1,000,000.00 $1,000,000.00 Proposed Budget I Fiscal Year 2024 4MIEF .................................................................................... FINANCIAL STRUCTURE POLICY AND PROCESS IT Comprehensive Financial Plan (Long-Term Plan) Fund On Going One Time FY Request Title Personnel Operating Operating Transfers Capital Total WRRF Odor Control $0.00 $0.00 $0.00 $0.00 $1,400,000.00 $1,400,000.00 WRRF Parking Improvements $0.00 $0.00 $0.00 $0.00 $250,000.00 $250,000.00 WRRF Power System Improvements $0.00 $0.00 $300,000.00 $0.00 $0.00 $300,000.00 Total $171,354.61 $304,090.00 $785,764.00 $0.00 $22,545,000.00 $23,806,208.61 2027 Digester#3-Cleaning $0.00 $0.00 $125,000.00 $0.00 $0.00 $125,000.00 Equip.Replace.-WRRF-Computers $0.00 $0.00 $13,200.00 $0.00 $0.00 $13,200.00 Equip.Replace.-WRRF-Lab Equipment $0.00 $0.00 $15,000.00 $0.00 $0.00 $15,000.00 Existing Laboratory Retrofit $0.00 $0.00 $0.00 $0.00 $550,000.00 $550,000.00 Final Limits-Chemicals $0.00 $700,000.00 $0.00 $0.00 $0.00 $700,000.00 McDermott Road Trunk Sewer Project $0.00 $0.00 $0.00 $0.00 $395,400.00 $395,400.00 New Lab Equipment $0.00 $0.00 $100,000.00 $0.00 $0.00 $100,000.00 New NPDES Permit Compliance Projects $0.00 $0.00 $0.00 $0.00 $7,900,000.00 $7,900,000.00 NPDES Permit Compliance Plan Renewal $0.00 $0.00 $250,000.00 $0.00 $0.00 $250,000.00 Replacement-WRRF-Ferric Tank and Building $0.00 $0.00 $0.00 $0.00 $150,000.00 $150,000.00 Replacement-WRRF-SCADA $0.00 $0.00 $120,000.00 $0.00 $0.00 $120,000.00 Replacement-WRRF-Sewer Main(s) $0.00 $0.00 $0.00 $0.00 $2,040,000.00 $2,040,000.00 Sewer Line Extensions/Adjustments $0.00 $0.00 $0.00 $0.00 $325,000.00 $325,000.00 Sewer Master Plan $0.00 $0.00 $275,000.00 $0.00 $0.00 $275,000.00 Vehicle Replace:WRRF-2002 Ford F250 $0.00 $0.00 $48,000.00 $0.00 $0.00 $48,000.00 Vehicle Replace:WRRF-2002 GMC Sonoma $0.00 $0.00 $48,000.00 $0.00 $0.00 $48,000.00 Wastewater Division SCADA Master Plan $0.00 $0.00 $100,000.00 $0.00 $0.00 $100,000.00 WRRF Odor Control $0.00 $0.00 $0.00 $0.00 $500,000.00 $500,000.00 WRRF Old UV Channel Upgrades $0.00 $0.00 $0.00 $0.00 $10,000.00 $10,000.00 Total $0.00 $700,000.00 $1,094,200.00 $0.00 $11,870,400.00 $13,664,600.00 Digester#4-Cleaning $0.00 $0.00 $125,000.00 $0.00 $0.00 $125,000.00 Equip.Replace.-WRRF-CCTV Cable $0.00 $0.00 $10,000.00 $0.00 $0.00 $10,000.00 Equip.Replace.-WRRF-Computers $0.00 $0.00 $19,200.00 $0.00 $0.00 $19,200.00 Equip.Replace:WRRF-Hydrocleaner Hose $0.00 $0.00 $10,000.00 $0.00 $0.00 $10,000.00 Equip.Replace.-WRRF-Lab Equipment $0.00 $0.00 $15,000.00 $0.00 $0.00 $15,000.00 Equip.Replace.-WRRF-Wireless Router $0.00 $0.00 $2,400.00 $0.00 $0.00 $2,400.00 Lab Analyst II $82,790.15 $1,845.00 $2,582.00 $0.00 $0.00 $87,217.15 Manhole Survey $0.00 $0.00 $25,000.00 $0.00 $0.00 $25,000.00 McDermott Road Trunk Sewer Project $0.00 $0.00 $0.00 $0.00 $4,898,400.00 $4,898,400.00 New Lab Equipment $0.00 $0.00 $45,000.00 $0.00 $0.00 $45,000.00 New NPDES Permit Compliance Projects $0.00 $0.00 $0.00 $0.00 $4,000,000.00 $4,000,000.00 NPDES Permit Compliance Plan Renewal $0.00 $0.00 $250,000.00 $0.00 $0.00 $250,000.00 Oaks Lift Station Upgrade $0.00 $0.00 $0.00 $0.00 $589,350.00 $589,350.00 Replacement-WRRF-Ferric Tank and Building $0.00 $0.00 $0.00 $0.00 $600,000.00 $600,000.00 Replacement-WRRF-Primary 3/4 Pumps&Bldg. $0.00 $0.00 $0.00 $0.00 $200,000.00 $200,000.00 Replacement-WRRF-SCADA $0.00 $0.00 $120,000.00 $0.00 $0.00 $120,000.00 Replacement-WRRF-Sewer Main(s) $0.00 $0.00 $0.00 $0.00 $1,335,000.00 $1,335,000.00 Sewer Line Extensions/Adjustments $0.00 $0.00 $0.00 $0.00 $325,000.00 $325,000.00 WRRF Facility Plan Update $0.00 $0.00 $625,000.00 $0.00 $0.00 $625,000.00 Total $82,790.15 $1,845.00 $1,249,182.00 $0.00 $11,947,750.00 $13,281,567.15 2029 Backup Generator Modifications $0.00 $0.00 $0.00 $0.00 $100,000.00 $100,000.00 Digester#5-Cleaning $0.00 $0.00 $125,000.00 $0.00 $0.00 $125,000.00 Drying Bed Repair $0.00 $0.00 $50,000.00 $0.00 $0.00 $50,000.00 10�� Proposed Budget I Fiscal Year 2024 ................................................................................... ; � ��N- FINANCIAL STRUCTURE, POLICY AND PROCESS Comprehensive Financial Plan (Long-Term Plan) Fund On Going One Time FY Request Title Personnel Operating Operating Transfers Capital Total Equip.Replace:WRRF-CCTV Cable $0.00 $0.00 $10,000.00 $0.00 $0.00 $10,000.00 Equip.Replace:WRRF-Computers $0.00 $0.00 $25,200.00 $0.00 $0.00 $25,200.00 Equip.Replace:WRRF-Lab Equipment $0.00 $0.00 $15,000.00 $0.00 $0.00 $15,000.00 Equip.Replace:WRRF-Wireless Router $0.00 $0.00 $9,780.00 $0.00 $0.00 $9,780.00 McDermott Road Trunk Sewer Project $0.00 $0.00 $0.00 $0.00 $6,470,000.00 $6,470,000.00 Oaks Lift Station Upgrade $0.00 $0.00 $0.00 $0.00 $5,029,720.00 $5,029,720.00 Replacement-WRRF-Flare $0.00 $0.00 $0.00 $0.00 $150,000.00 $150,000.00 Replacement-WRRF-Plant Drain $0.00 $0.00 $0.00 $0.00 $100,000.00 $100,000.00 Replacement-WRRF-Primary 3/4 Pumps&Bldg. $0.00 $0.00 $0.00 $0.00 $800,000.00 $800,000.00 Replacement-WRRF-SCADA $0.00 $0.00 $120,000.00 $0.00 $0.00 $120,000.00 Replacement-WRRF-Secondary4/5 Valve $0.00 $0.00 $150,000.00 $0.00 $0.00 $150,000.00 Replacement-WRRF-SewerMain(s) $0.00 $0.00 $0.00 $0.00 $1,510,000.00 $1,510,000.00 Sewer Line Extensions/Adjustments $0.00 $0.00 $0.00 $0.00 $325,000.00 $325,000.00 Vehicle Replace:WRRF-2005 Front-end Loader $0.00 $0.00 $0.00 $0.00 $200,000.00 $200,000.00 Total $0.00 $0.00 $504,980.00 $0.00 $14,684,720.00 $15,189,700.00 Total $514,063.83 $1,027,472.00 $4,273,460.00 $0.00 $104,899,870.00 $110,714,865.83 - Utility Billing Department 2025 Equip.Replace:MUBS-Computers $0.00 $0.00 $2,400.00 $0.00 $0.00 $2,400.00 Total $0.00 $0.00 $2,400.00 $0.00 $0.00 $2,400.00 2026 Equip.Replace:MUBS-Computers $0.00 $0.00 $7,200.00 $0.00 $0.00 $7,200.00 Total $0.00 $0.00 $7,200.00 $0.00 $0.00 $7,200.00 2027 Equip.Replace:MUBS-Computers $0.00 $0.00 $1,200.00 $0.00 $0.00 $1,200.00 Utility Billing Account Clerk $66,248.00 $1,335.00 $7,950.00 $0.00 $0.00 $75,533.00 Total $66,248.00 $1,335.00 $9,150.00 $0.00 $0.00 $76,733.00 2028 Equip.Replace:MUBS-Computers $0.00 $0.00 $3,600.00 $0.00 $0.00 $3,600.00 Total $0.00 $0.00 $3,600.00 $0.00 $0.00 $3,600.00 Total $66,248.00 $1,335.00 $22,350.00 $0.00 $0.00 $89,933.00 Proposed Budget I Fiscal Year 2024 55 W IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 24-2043: An ordinance (Compass Pointe Subdivision — H- 2023-0004) annexing the northeast quarter of the northeast quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 7.69 acres of such real property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) zoning district, directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2024-006167 BOISE IDAHO Pgs=5 ANGIE STEELE 02/07/2024 08:24 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 24-2043 BORTON, CAVENER, LITTLE ROBERTS, BY THE CITY COUNCIL: OVERTON, STRADER, TAYLOR AN ORDINANCE (COMPASS POINTE SUBDIVISION — H-2023-0004) ANNEXING THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; REZONING 7.69 ACRES OF SUCH REAL PROPERTY FROM RUT(RURAL URBAN TRANSITION)TO R-8(MEDIUM-DENSITY RESIDENTIAL)ZONING DISTRICT; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER,AND THE IDAHO STATE TAX COMMISSION,AS REQUIRED BY LAW; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Meridian received a written request from property owner Butler Realty, LLC to annex and rezone the land described in the legal description attached hereto as Exhibit "A"and the map attached hereto as Exhibit"B"("Subject Property"), which exhibits are incorporated herein by reference; WHEREAS,the Subject Property is contiguous to the corporate limits of the City of Meridian, Idaho; WHEREAS,the City of Meridian is authorized by Idaho Code section 50-222(2)to annex the Subject Property; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the City Council of the City of Meridian hereby annexes the Subject Property. SECTION 2. That the City Council of the City of Meridian hereby rezones 7.69 acres of the Subject Property from RUT (Rural Urban Transition) to the R-8 (Medium-Density Residential) Zoning District. SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance ANNEXATION ORDINANCE—COMPASS POINTE SUBDIVISION H-2023-0004 Page I and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6. That this ordinance shall be in full force and effect upon publication, in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 6th day of February, 2024. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 6th day of February, 2024. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 6th day of February ,2024,before me,the undersigned,a Notary Public in and for said State,personally appeared Robert E.Simison and Chris Johnson known to me to be the Mayor and City Clerk, respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public Commission Expiration: 3-28-2028 ANNEXATION ORDINANCE—COMPASS POINTE SUBDIVISION H-2023-0004 Page 2 CERTIFICATION OF SUMMARY : William L . M . Nary, City Attorney of the City of Meridian, Idaho , hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . William L . M . Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 24 -2043 An ordinance (Compass Pointe Subdivision — H-2023 - 0004) annexing the northeast quarter of the northeast quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 7 . 69 acres of such real property from RUT (Rural Urban Transition) to R4 (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances ; and providing an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B . i I ANNEXATION ORDINANCE — COMPASS POINTE SUBDIVISION 11-202MO04 Page 3 EXHIBIT A w DAVID EVANS ANDASSOCIATES INC DESCRIPTION FOR COMPASS POINTE SUBDIVSION REZONE &ANNEXATION The following describes a parcel of real property lying within the Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4), Section 30,Township 3 North, Range 1 East, Boise Meridian,City of Meridian, Ada County, Idaho being more particularly described as follows: BEGINNING at the northeast corner of said NE1/4 NE1/4;Thence, along the east boundary line of said NE1/4 NE1/4, South 00°14'11" West, 1070.48 feet; Thence, departing said east boundary line, North 30°12'47"West, 1235.02 feet to the north boundary line of said NE1/4 NE1/4; Thence, along said north boundary line, North 89*42'20" East,625.91 feet to the POINT OF BEGINNING, containing 7.69 acres more or less. 0 13 'P� �� o 0 qNP, SULI-� P EXHIBIT B EXHIBIT MAP OF COMPASS POINTE SUBDIVISION RE—ZONE & ANNEXATION A PORTION OF THE NE 1/4 OF THE NE 1/4 OF SECTION 30, T. 3 N., R 1 E., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2020 E VICTORY RD N 89'42'20" E 625.91' PLS 8444 NE COR, SEC. 30 FOUND 1/2 REBAR , FOUND BRASS CAP 28.95' WC \ I 00 � o o 2 ^ w o 7.69 ACRES± I >o 'lp- \ 13 D o _j 0 r' o /0�2<� �` , \ cn O GF 0 \ I I N. \ L_ I FOUND 5/8 REBAR ILLEGIBLE 1"=200' pL lA DAVID EVANS ANDASSOCIATES INC. a 1 4 6 9179 W Black Eagle Dr Boise Idaho Phone: 208-585-5858 '6 F P. SU��-MVP ti 625.91 n89°42'20"e ?,, 3 00 t� O r 3 O CD ti Title: Date: 05-19-2020 Scale: 1 inch= 200 feet File: COMPASS POINTE SUB REZONE ANNEXATION.des Tract 1: 7.690 Acres: 334998 Sq Feet:Closure=s72.0359w 0.00 Feet: Precision>1/999999: Perimeter=2931 Feet 001=s00.1411w 1070.48 003=n89.4220e 625.91 002=00.1247w 1235.02 V IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 24-2044: An ordinance (Julia Subdivision — H-2023-0003) annexing the southeast quarter of the northeast quarter of Section 4, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 2.77 acres of such real property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2024-006168 BOISE IDAHO Pgs=4 ANGIE STEELE 02/07/2024 08:25 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 24-2044 BY THE CITY COUNCIL: BORTON, CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR AN ORDINANCE (JULIA SUBDIVISION — H-2023-0003) ANNEXING THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; REZONING 2.77 ACRES OF SUCH REAL PROPERTY FROM RUT (RURAL URBAN TRANSITION) TO R-8 (MEDIUM- DENSITY RESIDENTIAL) ZONING DISTRICT; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Meridian received a written request from property owners Marquita M. Flansburg and Theresa Charlayne Call to annex and rezone the land described in the legal description attached hereto as Exhibit "A" and the map attached hereto as Exhibit `B" ("Subject Property"), which exhibits are incorporated herein by reference; WHEREAS,the Subject Property is contiguous to the corporate limits of the City of Meridian, Idaho; WHEREAS,the City of Meridian is authorized by Idaho Code section 50-222(2)to annex the Subject Property; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the City Council of the City of Meridian hereby annexes the Subject Property. SECTION 2. That the City Council of the City of Meridian hereby rezones 2.77 acres of the Subject Property from RUT (Rural Urban Transition) to the R-8 (Medium-Density Residential) Zoning District. ANNEXATION ORDINANCE—JULIA SUBDIVISION H-2023-0003 Page I SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6. That this ordinance shall be in full force and effect upon publication, in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 6th day of February, 2024. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 6th day of February, 2024. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 6th day of February_,2024,before me,the undersigned,a Notary Public in and for said State,personally appeared Robert E.Simison and Chris Johnson known to me to be the Mayor and City Clerk, respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public Commission Expiration: 3-28-2028 ANNEXATION ORDINANCE—JULIA SUBDIVISION H-2023-0003 Page 2 CERTIFICATION OF SUMMARY, William L . M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . William L . M . Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 24-2044 An ordinance (Julia Subdivision — H-2023 -0003 ) annexing the southeast quarter of the northeast quarter of Section 4, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho , more particularly described in Exhibit "A" ; rezoning 2 . 77 acres of such real property from RUT (Rural Urban Transition) to R4 (Medium-Density Residential) zoning districts directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law, repealing conflicting ordinances; and providing an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B . ] ANNEXATION ORDINANCE — JULIA SUBDIVISION 1-1-2023-0003 Page 4 EXHIBIT A LFH M H engineering Julia Subdivision Legal Description A parcel of land, situate in the Southeast 114 of the Northeast 114 Section 4, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING East 1/4 Corner of Section 4, thence along the northerly boundary of the Turnberry Subdivision No.1, recorded in book 77 of plats at pages 8012-8013, North 89°22'47" West, 243.00 feet to the easterly boundary of Tricia's Crossing, recorded in book 90 of plats at pages 10615-10617, monumented by a found 5/8-inch pin, set cap stamped PLS8575; Thence along said easterly boundary, North 57°58'01" West, 506.12 feet to the southerly boundary of Tricia's Subdivision No.2, recorded in book 83 of plats at pages 9185-9186, monumented by a found 5/8-inch pin with plastic cap stamped "PLS7732"; Thence along said southerly boundary, South 89°18'48" East, 675.00 feet to the easterly boundary of Section 4; Thence along said easterly boundary, South 00°37'59" West, 263.01 feet to the POINT OF BEGINNING. Containing 2.774 acres, more or less. The BASIS OF BEARINGS for this survey is between the north 1/16 Corner of Section 4 monumented with a 5/8-inch pin and surmounted with a plastic cap marked "PLS7732", and the East 1/4 Corner of Section 4 monumented as described in Corner Record Instrument No. 102151375, bearing South 00'37'59" West, 1,325.62 feet. Prepared by: Ronald M. Hodge, PLS Survey Department Manager C-) A�- S jr- Cl- `SG o � O 8575 sAAd 1.o(1.2 RMH:trc �pN9rE OF 4Z D M. �0 680 S. Progress Ave., Suite#213 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-llc.com Equal Opportunity Employer Ln N N O N W O U) � ZE m rt ^ O a �11 � 00 / 00 o D rt m 0 C7 ! 0 o fro w r-.W m W oi. A (D �- C O C� I O Cr, N Q O� O N G Oir U1 PROF — ^� as cc) co FCn r O � ti O r cn N00 y0 5O I 0—R/W �F a00 I 00-Julia Avenue North00 Tm 1—R/W ham. O0 CD A C0 p �I o 0 0 c Z o S CEO 2 W N. 0 o - V � �CV IC O N x W � o — Np —R/W C —R/W R/W R/W R/W ~/W z N � � N. Black Cat Road i w m 2. W S00' 37' S9"W 263.01' 1062,64' 0� i ,�.�. G 1 z N 3 coo rn Ln w 4 V IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 24-2045: An ordinance (1-84 + Meridian Road — H-2021-0099) annexing the northeast quarter of the southeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 18.30 acres of such real property from RUT (Rural Urban Transition) to C-G (General Retail and Service Commercial) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2024-006196 BOISE IDAHO Pgs=5 VICTORIA BAILEY 02/07/2024 09:43 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 24-2045 BY THE CITY COUNCIL: BORTON, CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR AN ORDINANCE (I-84 + MERIDIAN ROAD — H-2021-0099) ANNEXING THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13,TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; REZONING 18.30 ACRES OF SUCH REAL PROPERTY FROM RUT (RURAL URBAN TRANSITION) TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL)ZONING DISTRICT; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER,AND THE IDAHO STATE TAX COMMISSION,AS REQUIRED BY LAW; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Meridian received a written request from property owner GRH Meridian I-84, LLC to annex and rezone the land described in the legal description attached hereto as Exhibit "A" and the map attached hereto as Exhibit "B" ("Subject Property"), which exhibits are incorporated herein by reference; WHEREAS,the Subject Property is contiguous to the corporate limits of the City of Meridian, Idaho; WHEREAS,the City of Meridian is authorized by Idaho Code section 50-222(2)to annex the Subject Property; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the City Council of the City of Meridian hereby annexes the Subject Property. SECTION 2. That the City Council of the City of Meridian hereby rezones 18.30 acres of the Subject Property from RUT (Rural Urban Transition) to the C-G (General Retail and Service Commercial) Zoning District. ANNEXATION ORDINANCE—I-84+MERIDIAN ROAD H-2021-0099 Page I SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6. That this ordinance shall be in full force and effect upon publication, in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 6th day of February, 2024. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 6th day of February, 2024. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 6th day of February 2024,before me,the undersigned,a Notary Public in and for said State,personally appeared Robert E.Simison and Chris Johnson known to me to be the Mayor and City Clerk, respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public Commission Expiration: 3-28-2028 ANNEXATION ORDINANCE—I-84+MERIDIAN ROAD H-2021-0099 Page 2 CERTIFICATION OF SUMMARY : William L. M . Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . William L . M. Nary, ity Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO, 24 -2045 An ordinance (I44 + Meridian Road — H-2021 - 0099) annexing the northeast quarter of the southeast quarter of Section 13 , Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho , more particularly described in Exhibit "A"; rezoning 18 . 30 acres of such real property from RUT (Rural Urban Transition) to C- G (General Retail and Service Commercial) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances ; and providing an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B . ] i ANNEXATION ORDINANCE — I44 + MERIDIAN ROAD H-2021 -0099 Page 4 EXHIBIT A lam E N G I N E E R I N G February 4,2022 Project No.:20-176 1-84/Meridian Road Exhibit A Legal Description for Annexation and Rezone to C-G A parcel of land being a portion of the Northeast 1/4 of the Southeast 1/4 of Section 13,Township 3 North, Range 1 West, B.M.,Ada County, Idaho being more particularly described as follows: Commencing at a brass cap marking the East 1/4 corner of said Section 13, which bears S89°26'10"E a distance of 2,642.64 feet from a 5/8-inch rebar marking the Center 1/4 corner of said Section 13, thence following the easterly line of the Southeast 1/4 of said Section 13, S01°01'43"W a distance of 420.62 feet to the POINT OF BEGINNING. Thence following said easterly line, S01°01'43"W a distance of 614.71 feet to the boundary of the City of Meridian per ordinance number 341, also known as South Gate Annexation, dated May 7, 1979; 1. Thence leaving said easterly line and following said boundary the following five (5) courses: N88°58'17"W a distance of 96.37 feet; 2. S71°02'14"W a distance of 373.86 feet; 3. S74°40'17"W a distance of 471.15 feet; 4. S83°28'13"W a distance of 332.84 feet; 5. N89°34'12"W a distance of 85.20 feet to the westerly line of said Northeast 1/4 of the Southeast 1/4; Thence leaving said boundary and following said westerly line, N00'43'22"E a distance of 664.99 feet to a 5/8-inch rebar; Thence leaving said westerly line, S89°32'05"E a distance of 968.55 feet to a 5/8-inch rebar; Thence N01°01'36"E a distance of 244.37 feet; Thence 589'08'08"E a distance of 349.98 feet to the POINT OF BEGINNING. Said parcel contains a total of 18.304 acres, more or less. Attached hereto is Exhibit B and by this reference is made a part hereof. \0 Nk- LAND S E N Se 1 ;�66270 �91 OF �oP� F� Y K -,4 5725 North Discovery Way • Boise, Idaho 83713 208.639.6939 • kmengllp.com EXHIBIT B CENTER 1/4 CORNER POINT OF COMMENCEMENT SECTION 13 W. Waltman Ln. EAST 1/4 CORNER SECTION 13 FOUND 5/8-INCH REBAR BASIS OF BEARING FOUND BRASS CAP /� S89'26'10"E 2642.64'— LINE TABLE LINE BEARING DISTANCELOFBEGI.NNIN i�l - � N L1 N88'58'17"W 96.370 oN L2 S71'02'14"W 373.86 �� L3 S83'28'13"W 332.84 L4 N89'34'12"W 85.20 8"E w 349.98' Current Unplatted 4 - o d Zoning: R1 S89'32'05"E 968,55' Z N O O co C Annexation Area: 18.304±AC. Proposed Zoning: C-G Unplatted S1213417707, S1213417680 &S1213417699 0 cD 3 O N C° vi Current LO w Zoning: RUT V N o N o L1 3 0 �2 R o Z N R/w---R/W (0), 41 .A 5 terstate g4 R/w S�4 4 ¢ 1�„w you O�Racnpl 0 L4 L3 NpL LANs LEGEND �,\CENSF� G.p� Q� BRASS CAP ® ALUMINUM CAP 0 6662 D 5/8-INCH REBAR o s�q� Pao CALCULATED POINT OF �� ANNEXATION & REZONE BOUNDARY �F�� �� — — — SECTION LINE g R/W EXISTING RIGHT-OF-WAY LINE X a 0 250 S00 750 s Plan Scale: 1" = 250' E N G I N E E R I N G F. 5726 NORTH DISCOVERY WAY = BOISE,IDAHO 93713 w I Exhibit B PHONE 208 639-6939 w kmengllp.com Annexation and Rezone N DATE: February 2022 PROJECT: 20-176 SHEET: 1-84 / Meridian Road 1 OF 1 NE1/4 SE1/4 Sec. 13, T3N, R1W, BM, Ada County, Idaho 1'I 349.98 s89°08'08"e 7 7 0 N O 968.55 s89°32'05"e > 7 1- O 'T o O � N � 7 'J p O nFF°5F'171 96.?7 ,�JR6 ��>>5 3 sR3 W e 332.5 Title: 20-176 Anmexation and Rezone to C-G Date: 02-04-2022 Scale: 1 inch = 200 feet File: Deed Plotter.des Tract 1: 18.304 Acres: 797312 Sq Feet: Closure=n18.4419e 0.01 Feet: Precision=1/572359: Perimeter=4202 Feet 001=s01.0143w 614.71 005=s83 2813w 332.84 009=01.0136e 244.37 002=n88.581 by 96.37 006=n89.3412w 85.20 010=s89.0808e 349.98 003=s71.0214w 373.86 007=n00.4322e 664.99 004=s74.4017w 471.15 008=s89.3205e 968.55 V IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 24-2046: An ordinance (Tanner Creek H-2022-0048) for rezone of a parcel of land located in the southeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 12.16 acres of land from C-G (General Retail and Service Commercial) zoning district to R-8 (Medium-Density Residential) zoning district and rezoning 17.46 acres of land from C-G (General Retail and Service Commercial) zoning district to R-40 (High-Density Residential) in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2024-006177 BOISE IDAHO Pgs=6 ANGIE STEELE 02/07/2024 08:32 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 24-2046 BY THE CITY COUNCIL: BORTON, CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR AN ORDINANCE (TANNER CREEK H-2022-0048) FOR REZONE OF A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," REZONING 12.16 ACRES OF LAND FROM C-G (GENERAL RETAIL AND SERVICE COMMERCIAL) ZONING DISTRICT TO R-8(MEDIUM-DENSITY RESIDENTIAL)ZONING DISTRICT AND REZONING 17.46 ACRES OF LAND FROM C-G (GENERAL RETAIL AND SERVICE COMMERCIAL) ZONING DISTRICT TO R-40 (HIGH-DENSITY RESIDENTIAL) IN THE MERIDIAN CITY CODE; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL APPLICABLE OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the property described in the Legal Description attached hereto as Exhibit "A," which is incorporated herein by reference, is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for rezoning by Coney D. Barton, the owner of said property. SECTION 2. That the above-described real property is hereby rezoned from C-G (General Retail and Service Commercial) zoning district to R-8 (Medium-Density Residential) (12.16 acres) zoning district and from C-G (General Retail and Service Commercial) zoning district to R-40 (High- Density Residential) (17.46 acres) zoning district. SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission within ten (10) days following the effective date of this ordinance. REZONE ORDINANCE-TANNER CREEK C-G To R-8(12.16 ACRES)AND R-40(17.46 ACRES)H-2022-0048 PAGE 1. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6.That this Ordinance, once passed, shall be in full force and effect upon publication, in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO,this 6th day of February,2024 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN,IDAHO,this this 6th day of February, 2024 MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 6th day of February , 2024, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk, respectively,of the City of Meridian,Idaho,and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho My Commission Expires: 3-28-2028 REZONE ORDINANCE—TANNER CREEK C-G To R-8(12.16 ACRES)AND R-40(17.46 ACRES)H-2022-0048 PAGE 2 CERTIFICATION OF SUMMARY . William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . 6et�lu William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 24-2046 An Ordinance (Tanner Creek H-2022-0048) for rezone of a parcel of land located in the southeast quarter of Section 13 , Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho , more particularly described in Exhibit "A," rezoning 12 . 16 acres of land from C-G (General Retail and Service Commercial) zoning district to R4 (Medium-Density Residential) zoning district and rezoning 17 .46 acres of land from C-G (General Retail and Service Commercial) zoning district to R40 (High-Density Residential) in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by laws and providing an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B . ] REZONE ORDINANCE - TANNER CREEK C-G To M ( 12. 16 ACRES) AND R40 ( 17 .46 ACRES) H-202MO48 PAGE 3 EXHIBIT A Legal Description Tanner Creek Subdivision — Zone R-8 A parcel being located in the SE % of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northwest corner of said SE % (C Corner), from which a brass cap monument marking the northeast corner of said SE %('/4 Corner) bears S 89052'43" E a distance of 2642.71 feet; Thence S 89052'53" E along the northerly boundary of said SE '/4 a distance of 250.00 feet to the POINT OF BEGINNING; Thence continuing along said northerly boundary S 89052'53" E a distance of 543.81 feet to a point; Thence leaving said northerly boundary S 0°01'45" W a distance of 196.36 feet to a point; Thence N 89056'05" W a distance of 129.13 feet to a point; Thence N 88043'36" W a distance of 59.52 feet to a point; Thence N 89052'43" W a distance of 305.30 feet to a point; Thence S 0004'14" W a distance of 331.54 feet to a point of curvature; Thence a distance of 199.11 feet along the arc of a 125.00 foot radius curve right, said curve having a central angle of 91°15'53" and a long chord bearing S 44025'59" W a distance of 178.72 feet to a point of tangency; Thence N 89056'05" W a distance of 46.97 feet to a point; Thence S 0°01'30" W a distance of 422.85 feet to a point of curvature; Thence a distance of 84.04 feet along the arc of a 53.50 foot radius curve left, said curve having a central angle of 90°00'13" and a long chord bearing S 44°58'37" E a distance of 75.66 feet to a point of tangency; Thence S 89058'43" E a distance of 427.00 feet to a point; Thence N 88033'04" E a distance of 56.77 feet to a point; Thence S 89056'05" E a distance of 129.17 feet to a point; Thence S 0000'04" W a distance of 301.28 feet to a point on the centerline of Interstate 84, Thence along said centerline S 89059'24" W a distance of 795.12 feet to a point on the westerly boundary of said SE %; Thence along said westerly boundary N 0003'55" E a distance of 1189.59 feet to a point; Lail Tanner Creek—R-8 Zone Q_ Land surveying and Consulting Page 1 of 2 Job No.23-64 Thence leaving said westerly boundary S 89°44'33" E a distance of 249.82 feet to a point; Thence N 0°06'36" E a distance of 242.69 feet to the POINT OF BEGINNING. This parcel contains 12.158 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Np,L LA No Land Solutions, PC �`° S T sG October 19, 2023 a 11118 lo��°11zo ON W NPR Tanner Creek—R-8 Zone Land Surveying and Consulting Page 2 of 2 Job No.23-64 Legal Description Tanner Creek Subdivision — Zone R-40 A parcel being located in the SE '/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northwest corner of said NW % of the SE '/4 (C 1/4 Corner), from which a brass cap monument marking the northeast corner of the SE '/4 ('/4 Corner) of said Section 13 bears S 89°52'43" E a distance of 2642.71 feet; Thence S 89°52'53" E along the northerly boundary of said NW '/4 of the SE '/4 a distance of 793.81 feet to the POINT OF BEGINNING; Thence continuing along said northerly boundary S 89°52'43" E a distance of 527.62 feet to a point marking the northeast corner of said NW Y4 of the SE %4; Thence along the easterly boundary of said NW Y4 of the SE %4 S 0019,27"W a distance of 1428.67 feet to a point on the centerline of Interstate 84; Thence leaving said easterly boundary and along said centerline S 89059'24" W a distance of 519.85 feet to a point; Thence leaving said centerline N 0000'04" E a distance of 700.93 feet to a point; Thence N 89°59'36" W a distance of 112.51 feet to a point; Thence N 0°06'20" W a distance of 104.81 feet to a point; Thence S 89058'17" E a distance of 112.70 feet to a point; Thence N 0001'45" E a distance of 624.16 feet to the POINT OF BEGINNING. This parcel contains 17.458 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS \ pNL LA Np Land Solutions, PC 0 \s T F s p October 19, 2023 C F 11118 'P ����°►�2�s OF F CO � o N W N P� Uiir' biutjos Tanner Creek-R-40 Zone k____---Land Surveying and Consulting Job No.23-64 EXHIBIT B TANNER CREEK SUBDIVISION - ZONING EXHIBIT CITY OF MERIDIAN REZONE - R-8, R-15, R-40 LOCATED IN THE SE 1/4 OF SECTION 13, T3N, R1W, BM, ADA COUNTY, IDAHO BASIS OF BEARING 1/4 C 1/4 - W. WALTMAN LN. S89'52'43"E 2642.71' -J�rl31�l8 250.00' 543.81' 527.62' 1321.28' IiJ POINT OF _Q0 7POINT OF c o: BEGINNING POINT OF "' BEGINNING a cQ C14 R-8 BEGINNING F? R-40 I o n, CD �t ( z N 305.30' R-15 g S89'44'33"E N89'52'43"W L5 L4 N vi 249.82' CD b co C o ZONE R-8 K' N o AREA=12.158 �+ z ACRES G� L3 ZONE R-40 AREA=17.458 ACRES N m co L6 ZONE R-15 AREA=12.272 ACRES LINE TABLE Ll LINE LENGTH BEARING w L1 112.51' N89'59'36"W 0` ,C:> L2 104.81' NO'06'20"W pn in ^ L3 112.70' S89'58'17"E z cn N o L4 129.13' N89'56'05"W L5 59.52' N88'43'36"W w L6 46.97' N89'56'05"W CD cn S89'58'43"E L7 L8 o L7 56.77' N88'33'04"E C 427.00' Z L8 129.17' S89'56'05"E 00 CV O r'7 S89'59'24"W 795.12' S89'59'24"W 519.85' CURVE TABLE INTERSTATE 1-84 ( � CURVE LENGTH RADIUS DELTA BEARING CHORD \ONp,I.LA/yOs 5 1STE G Cl 199.11' 125.00' 91"5'53" S44'25'59"W 178.72' R �G F 13 C2 84.04' 53.50' 90'00'13" S44'58'37"E 75.66' . 1 1 1 18 ; O W. OVERLAND RD. C yT I Iz3P-�2 1/4 0' 100' 200' 400' ""-V F 0 F Land Surveying ana Consulting ON W.HP 231 E 5TH ST,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557fax JOB N0. 23-64 V IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 24-2047: An ordinance (Tanner Creek H-2022-0048) for rezone of a parcel of land located in the northwest quarter of the southeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit 'A" rezoning 12.27 acres of land from C-G (General Retail and Service Commercial) zoning district to R-15 (Medium High-Density Residential) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2024-006173 BOISE IDAHO Pgs=5 ANGIE STEELE 02/07/2024 08:27 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 24-2047 BY THE CITY COUNCIL: BORTON, CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR AN ORDINANCE (TANNER CREEK H-2022-0048) FOR REZONE OF A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," REZONING 12.27 ACRES OF LAND FROM C-G(GENERAL RETAIL AND SERVICE COMMERCIAL) ZONING DISTRICT TO R-15 (MEDIUM HIGH-DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL APPLICABLE OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the property described in the Legal Description attached hereto as Exhibit "A," which is incorporated herein by reference, is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for rezoning by Coney D. Barton, the owner of said property. SECTION 2. That the above-described real property is hereby rezoned from C-G (General Retail and Service Commercial) zoning district to R-15 (Medium High-Density Residential) zoning district. SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. REZONE ORDINANCE-TANNER CREEK C-G To R-15(12.27 ACRES)H-2022-0048 PAGE 1. SECTION 6.That this Ordinance, once passed, shall be in full force and effect upon publication, in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO,this 6th day of February, 2024. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 6th day of February,2024. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 6th day of February , 2024, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk, respectively,of the City of Meridian,Idaho,and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public for Idaho My Commission Expires: 3-28-2028 REZONE ORDINANCE-TANNER CREEK C-G To R-15(12.27 ACRES)H-2022-0048 PAGE 2 CERTIFICATION OF SUMMARY . William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . C� - . William L . M. Nary, ity Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 24-2047 An Ordinance (Tanner Creels H-2022-0048) for rezone of a parcel of land located in the northwest quarter of the southeast quarter of Section 13 , Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 12 . 27 acres of land from C-G (General Retail and Service Commercial) zoning district to R- 15 (Medium High-Density Residential) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B .] i i i REZONE ORDINANCE — TANNER CREEK C=G To R- 15 ( 12.27 ACREs) H=2022-0048 PAGE 3 EXHIBIT A Legal Description Tanner Creek Subdivision — Zone R-15 A parcel being located in the NW%4 of the SE '/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northwest corner of said NW '/4 of the SE %4 (C % Corner), from which a brass cap monument marking the northeast corner of the SE %4 ('/4 Corner) of said Section 13 bears S 89°52'43" E a distance of 2642.71 feet; Thence S 89°52'53" E along the northerly boundary of said NW %4 of the SE '/4 a distance of 793.81 feet to a point; Thence leaving said northerly boundary S 0°01'45" W a distance of 196.36 feet to the POINT OF BEGINNING; Thence continuing S 0°01'45" W a distance of 427.80 feet to a point; Thence N 89'58'17" W a distance of 112.70 feet to a point; Thence S 0°06'20" E a distance of 104.81 feet to a point; Thence S 89°59'36" E a distance of 112.51 feet to a point; Thence S 0000'04" W a distance of 399.65 feet to a point; Thence N 89°56'05" W a distance of 129.17 feet to a point; Thence S 88033'04" W a distance of 56.77 feet to a point; Thence N 89058'43" W a distance of 427.00 feet to a point of curvature; Thence a distance of 84.04 feet along the arc of a 53.50 foot radius curve right, said curve having a central angle of 90'00'13" and a long chord bearing N 44058'37" W a distance of 75.66 feet to a point of tangency; Thence N 0001'30" E a distance of 422.85 feet to a point; Thence S 89056'05" E a distance of 46.97 feet to a point of curvature; Thence a distance of 199.11 feet along the arc of a 125.00 foot radius curve left, said curve having a central angle of 91°15'53" and a long chord bearing N 44°25'59" E a distance of 178.72 feet to a point of tangency; Thence N 0°04'14" E a distance of 331.54 feet to a point; Thence S 89°52'43" E a distance of 305.30 feet to a point; Thence S 88043'36" E a distance of 59.52 feet to a point; U n oiutjons Tanner Creek—R-15 Zone Land Surveying and Consulting Page 1 of 2 Job No.23-64 Thence S 89°56'05" E a distance of 129.13 feet to the POINT OF BEGINNING. This parcel contains 12.272 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS tJP� Lq Np Land Solutions, PC �`� s r sG October 18, 2023 0 11118 TTF ON W NP Lzin oli1 tion� Tanner Creek-R-15 Zone " Lane Surveying and Consulting Page 2 of 2 Job No.23-64 EXHIBIT B TANNER CREEK SUBDIVISION - ZONING EXHIBIT CITY OF MERIDIAN REZONE - R-8, R-15, R-40 LOCATED IN THE SE 1/4 OF SECTION 13, T3N, R1W, BM, ADA COUNTY, IDAHO BASIS OF BEARING 1/4 C 1/4 - W. WALTMAN LN. S89'52'43"E 2642.71' -J�rl31�l8 250.00' 543.81' 527.62' 1321.28' IiJ POINT OF _Q0 7POINT OF c o: BEGINNING POINT OF "' BEGINNING a cQ C14 R-8 BEGINNING F? R-40 I o n, CD �t ( z N 305.30' R-15 g S89'44'33"E N89'52'43"W L5 L4 N vi 249.82' CD b co C o ZONE R-8 K' N o AREA=12.158 �+ z ACRES G� L3 ZONE R-40 AREA=17.458 ACRES N m co L6 ZONE R-15 AREA=12.272 ACRES LINE TABLE Ll LINE LENGTH BEARING w L1 112.51' N89'59'36"W 0` ,C:> L2 104.81' NO'06'20"W pn in ^ L3 112.70' S89'58'17"E z cn N o L4 129.13' N89'56'05"W L5 59.52' N88'43'36"W w L6 46.97' N89'56'05"W CD cn S89'58'43"E L7 L8 o L7 56.77' N88'33'04"E C 427.00' Z L8 129.17' S89'56'05"E 00 CV O r'7 S89'59'24"W 795.12' S89'59'24"W 519.85' CURVE TABLE INTERSTATE 1-84 ( � CURVE LENGTH RADIUS DELTA BEARING CHORD \ONp,I.LA/yOs 5 1STE G Cl 199.11' 125.00' 91"5'53" S44'25'59"W 178.72' R �G F 13 C2 84.04' 53.50' 90'00'13" S44'58'37"E 75.66' . 1 1 1 18 ; O W. OVERLAND RD. C yT I Iz3P-�2 1/4 0' 100' 200' 400' ""-V F 0 F Land Surveying ana Consulting ON W.HP 231 E 5TH ST,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557fax JOB N0. 23-64