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HomeMy WebLinkAbout2024-05-07 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, May 07, 2024 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Luke Cavener Councilwoman Liz Strader Mayor Robert E. Simison PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader 1. Approve Minutes of the April 16, 2024 City Council Regular Meeting 2. Approve Minutes of the April 23, 2024 City Council Regular Meeting 3. Final Plat for Alamar Subdivision (FP-2024-0005), by Jeff Wrede, Noble Rock Development, Inc., located at 4380 W. Franklin Rd. 4. Final Plat for Biltmore Estates Subdivision No. 5 by Engineering Solutions, generally located at the northwest corner of S. Kentucky Way and W. Harris St. 5. Final Order for Foxcroft Subdivision No. 3 (FP-2023-0032) by Brown Planning Services, located at 3720 W. Pine Ave. (Phase 3) 6. Final Order for Jump Creek No. 7 (FP-2023-0030) by Kent Brown Planning, located at the northwest corner of W. McMillan Rd. and N. Black Cat Rd. on Parcel S0428449816 7. Final Order for Hadler Subdivision No. 1 (FP-2024-0002) by Ben Thomas, Civil Innovations, PLLC., located at 7200 S. Locust Grove Rd. 8. Findings of Fact, Conclusions of Law for Taylor Annexation (H-2023-0062) by Robert Taylor, located at 3840 E. Overland Rd. 9. Development Agreement (Linder Condos H-2022-0091 & H-2023-0074) Between City of Meridian and Greg Herman for Property Located at 300 N. Linder Rd. 10. Agreement between the City of Meridian and Open Door Rentals, LLC to Accept Payment in lieu of Installation of Streetlights at Amity Storage 11. Approval of Automated Meter Reading System Equipment and Service Contract with Ferguson Enterprises, LLC for the Not-To-Exceed FY24 amount of $49,608.75 12. Professional Services Agreement Between Idaho Fine Arts Academy and the City of Meridian/Meridian Arts Commission 13. Professional Services Agreement Between the Treasure Valley Children's Theater and the City of Meridian/Meridian Arts Commission 14. Resolution No. 24-2450: A resolution vacating a 30-foot-wide easement over and across a portion of Lot 4 of Heppers Acre Subdivision as recorded in Book 19 of Plats at Pages 1298 and 1299, records of Ada County, said parcel being located in the southwest quarter of the southwest quarter of Section 12, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described in Exhibit “A;” and providing an effective date. 15. Resolution No. 24-2451: A Resolution of the City Council of the City of Meridian to Amend City of Meridian Standard Operating Policy 8.1, Regarding Corrective and Disciplinary Action; and Providing an Effective Date 16. Resolution No. 24-2452: A Resolution Vacating the 10-foot Irrigation Easement Located Along the West Side of the Property Boundary of Lots 4 and 5, Block 2 of the Treasure Valley Business Center - Phase 1 Subdivision, Being More Particularly Described in Exhibit "A"; and Providing an Effective Date 17. City of Meridian Financial Report - March 2024 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PROCLAMATIONS \[Action Item\] 18. World Ovarian Cancer Day PUBLIC FORUM – Future Meeting Topics DEPARTMENT / COMMISSION REPORTS \[Action Item\] 19. Meridian Anti-Drug Coalition Update ACTION ITEMS 20. Public Hearing Continued from March 26, 2024 for Farmstone Crossing Subdivision (H-2023-0045) by Bailey Engineering, located at 820 S. Black Cat Rd. Approved Application Materials: https://bit.ly/H-2023-0045 A. Request: Annexation of 33.893 acres of land from RUT to the M-E (Mixed Employment) zoning district. B. Request: Preliminary Plat consisting of 6 buildable lots on 27.59 acres of land in the proposed M-E (Mixed Employment) zoning district. Motion to approve made by Councilwoman Strader, Seconded by Councilman Taylor. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader 21. Public Hearing Continued from April 16, 2024 for Reveille Ridge Subdivision (H- 2023-0050) by Bailey Engineering, generally located on the west side of S. Eagle Rd., approximately 1/2 mile south of E. Lake Hazel Rd. Approved Application Materials: https://bit.ly/H-2023-0050 A. Request: Annexation of 59.97 acres of land with an R-8 (34.69 acres) and R- 15 (25.28 acres) zoning districts. B. Request: Preliminary Plat consisting of 247 building lots and 37 common lots on 59.77 acres of land in the R-8 and R-15 zoning districts. Motion to approve made by Councilman Taylor, Seconded by Councilman Overton. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts Voting Nay: Councilman Cavener, Councilwoman Strader 22. Public Hearing for Cityside Storage (H-2023-0058) by Peter Stuhlreyer, Designhaus Architecture, LLC., located at 2755 N. Eagle Rd. Approved Application Materials: https://bit.ly/H-2023-0058 A. Request: Conditional Use Permit to allow for a 4-story self-storage facility and increase the building square footage from 32,500 to 135,000 on 2.08 acres of land in the C-G zoning district. B. Request: Development Agreement Modification to modify the existing Development Agreement to allow a 4-story self-storage facility and increase the building square footage from 32,500 to 135,000 on 2.08 acres of land in the C-G zoning district. Motion to approve made by Councilman Cavener, Seconded by Councilman Taylor. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader 23. Public Hearing for Burnside Ridge Estates (H-2023-0055) by Kimley Horn, generally located on the south side of W. Victory Rd and the west side of S. Linder Rd., in the NE 1/4 of Section 26, T.3N., R.1W Continued to May 28, 2024 Application Materials: https://bit.ly/H-2023-0055 A. Request: Annexation of 123.28 acres of land with R-2 (11.91 acres), R-4 (89.55 acres) and R-8 (21.82 acres) zoning districts. B. Request: Preliminary Plat consisting of 263 building lots, 33 common lots and one (1) other lot, which is a holding area for future re-subdivision, on 121.31 acres of land in the R-2, R-4 and R-8 zoning districts. Motion to continue to May 28, 2024 made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader ORDINANCES \[Action Item\] 24. Ordinance No. 24-2052: An ordinance (Linder Storage Condos – H-2022-0091) annexing a parcel of land being Lot 4 of Heppers Acre Subdivision, Book 19 of Plats, Pages 1298 and 1299, records of Ada County, and a portion of North Linder Road, lying within the southwest quarter of the southwest quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit “A”; rezoning 0.98 acres of such real property from R1 (Estate Residential) to I-L (Light Industrial) 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 Taylor, Seconded by Councilman Overton. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader FUTURE MEETING TOPICS ADJOURNMENT 10:42 PM Meridian City Council May 7, 2024. A Meeting of the Meridian City Council was called to order at 6:03 p.m. Tuesday, May 7, 2024, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Liz Strader, John Overton, Anne Little Roberts and Doug Taylor. Also Present: Chris Johnson, Bill Nary, Bill Parsons, Sonya Allen, Stacy Hersh, Linda Ritter, Scott Colaianni, Joe Bongiorno and Dean Willis ROLL-CALL ATTENDANCE _X_ Liz Strader (vacant) Anne Little Roberts _X_ John Overton _X_ Doug Taylor _X—Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record, it is May 7th, 2024, at 6:03 p.m. We will begin tonight's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next up is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: We had nobody sign up under -- for the invocation; is that correct, Mr. Clerk? ADOPTION OF AGENDA Simison: Okay. So, with that we will move on to adoption of the agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mayor, no changes to the agenda, so I move we approve the agenda as presented. Strader: Second. Meridian City Council May 7,2024 Page 2 of 83 Simison: Have a motion and a second to approve the agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is agreed to. MOTION CARRIED: ALL AYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the April 16, 2024 City Council Regular Meeting 2. Approve Minutes of the April 23, 2024 City Council Regular Meeting 3. Final Plat for Alamar Subdivision (FP-2024-0005), by Jeff Wrede, Noble Rock Development, Inc., located at 4380 W. Franklin Rd. 4. Final Plat for Biltmore Estates Subdivision No. 5 by Engineering Solutions, generally located at the northwest corner of S. Kentucky Way and W. Harris St. 5. Final Order for Foxcroft Subdivision No. 3 (FP-2023-0032) by Brown Planning Services, located at 3720 W. Pine Ave. (Phase 3) 6. Final Order for Jump Creek No. 7 (FP-2023-0030) by Kent Brown Planning, located at the northwest corner of W. McMillan Rd. and N. Black Cat Rd. on Parcel S0428449816 7. Final Order for Hadler Subdivision No. 1 (FP-2024-0002) by Ben Thomas, Civil Innovations, PLLC., located at 7200 S. Locust Grove Rd. 8. Findings of Fact, Conclusions of Law for Taylor Annexation (H-2023- 0062) by Robert Taylor, located at 3840 E. Overland Rd. 9. Development Agreement (Linder Condos H-2022-0091 & H-2023-0074) Between City of Meridian and Greg Herman for Property Located at 300 N. Linder Rd. 10. Agreement between the City of Meridian and Open Door Rentals, LLC to Accept Payment in lieu of Installation of Streetlights at Amity Storage 11. Approval of Automated Meter Reading System Equipment and Service Contract with Ferguson Enterprises, LLC for the Not-To- Exceed FY24 amount of $49,608.75 Meridian City Council May 7,2024 Page 3 of 83 12. Professional Services Agreement Between Idaho Fine Arts Academy and the City of Meridian/Meridian Arts Commission 13. Professional Services Agreement Between the Treasure Valley Children's Theater and the City of Meridian/Meridian Arts Commission 14. Resolution No. 24-2450: A resolution vacating a 30-foot-wide easement over and across a portion of Lot 4 of Heppers Acre Subdivision as recorded in Book 19 of Plats at Pages 1298 and 1299, records of Ada County, said parcel being located in the southwest quarter of the southwest quarter of Section 12, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described in Exhibit "A;" and providing an effective date. 15. Resolution No. 24-2451: A Resolution of the City Council of the City of Meridian to Amend City of Meridian Standard Operating Policy 8.1, Regarding Corrective and Disciplinary Action; and Providing an Effective Date 16. Resolution No. 24-2452: A Resolution Vacating the 10-foot Irrigation Easement Located Along the West Side of the Property Boundary of Lots 4 and 5, Block 2 of the Treasure Valley Business Center - Phase 1 Subdivision, Being More Particularly Described in Exhibit "A"; and Providing an Effective Date 17. City of Meridian Financial Report - March 2024 Simison: Next up is the Consent Agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we approve the Consent Agenda. For the Mayor to sign and the 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 Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Meridian City Council May 7,2024 Page 4 of 83 Simison: There were no items moved from the Consent Agenda. PROCLAMATIONS [Action Item] 18. World Ovarian Cancer Day Simison: So, we will move on to our proclamation this evening, which will be Item 18, which is the World Ovarian Cancer Day. And is Tiffany here? Okay. Tiffany, if you and anybody else you would like to join me at the podium. But, Tiffany, I will go ahead and read the proclamation and, then, turn it over to you for any additional comments. I see you have got a fan club here this evening, so that's great. Whereas ovarian cancer is the fifth leading cause of cancer deaths of women in the United States and causes more deaths than any gynecological cancer and whereas in the United States a woman's chances of being diagnosed with ovarian cancer is about one in 78. And whereas the American Cancer Society estimates 19,680 cases of ovarian cancer will be newly diagnosed in 2024 and 12,740 individuals will die from the disease nationwide, including 172 cases that may be deaths in Idaho and whereas the five year survival rate for ovarian cancer is 50 percent and survival rates vary greatly depending upon the age and stage of diagnosis and whereas there is not currently an effective diagnostic tool for screening and early detection does not exist. Therefore, I'm, Mayor Robert E. Simison, hereby proclaim May 8th, 2024, as World Ovarian Cancer Day in the City of Meridian and encourage all citizens to come alongside the women and their families fighting against ovarian cancer by increasing awareness, expanding research and empowering women to reduce the risk of the diagnosis. Dated this 7th day of May 2024. So, on behalf of the City of Meridian please accept this proclamation. Mecham: Thank you so much for the letting me be here this evening and thank you, Mayor Simison, I appreciate it. I am the state advocate leader for the Ovarian Cancer Research Alliance out of Washington DC. We raise money and awareness and funds for research. Raise awareness for women and support for families. And so we want to increase that awareness. I lost my mom to ovarian cancer at the age of 54 and my great grandma to ovarian cancer at the age of 33. So, it's very close and dear to my heart and, yes, I do have a fan club, so I love having my sash sisters here and my family here as a part of the support and I'm really happy that the City of Meridian was able to do this for us. Thank you. Cavener: Mr. Mayor, while you are fixing the podium and making your way up, I just do want to thank Tiffany for being here. I'm fortunate enough in my private sector life to work for the American Cancer Society and just want to say events like this and the work, Tiffany, you and your colleagues do make a real big difference. So, thank you for being here tonight, putting a bright spotlight on a very important issue. A lot of people don't know that cancer kills more Idahoans than any other disease and we need great people like you to keep raising the awareness about this and it's important. So, thanks for being here tonight. Thank you, Mr. Mayor, for doing the proclamation. Meridian City Council May 7,2024 Page 5 of 83 Simison: Absolutely. And you are welcome to enjoy as much of this meeting as you would like, but don't feel obligated to stay unless you really want to enjoy it, so -- PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, next on the agenda is public forum. Anyone signed up under that item? Johnson: Mr. Mayor, nobody signed up. DEPARTMENT / COMMISSION REPORTS [Action Item] 19. Meridian Anti-Drug Coalition Update Simison: Okay. Then with that we move on to the Department/Commission Reports. First up is the Meridian Anti-Drug Coalition update. This will be presented by Kendall and Hailey. Nagy: All right. Mr. Mayor and Members of the Council, thank you for the opportunity to provide an update on the Meridian Anti-Drug Coalition at tonight's meeting. We know you have a big agenda, so we will keep it brief. I would like to start by sharing the mission of the Meridian Police Department and the Meridian Anti-Drug Coalition. The MADC mission is provide the highest quality of service in partnership with the community to preserve and protect life and property through education, prevention and enforcement. The MADC mission is to strengthen our community through substance abuse prevention. It is through these combined prevention efforts with the Meridian Police Department and a wide variety of other community partners that we serve the community we live in. So, my name is Kendall Nagy and I have been serving as the Substance Abuse Prevention Coordinator and MADC Director since 2015. I'm an Idahoan, born in McCall and after ten years of living there moved to Boise where I currently reside. Having family members who struggle with mental health and addiction has helped me empathize with others impacted by the unintended consequences of substance use and drives the passion that I have to work on prevention in our community. Blogg: And my name is Hailey Blogg. I have been serving as the Anti-Drug Coalition coordinator since 2022 and the MADC secretary and, like many others in the prevention realm, I also have family members who have suffered from addiction. So, that's why I just want to make a positive impact in our community. Nagy: So, first I want to just kind of touch on a couple of the national standards, because doing this kind of work brings a lot of emotion and we are really proud of the fact that after 20 years we still stick to national standards and best practice. The coalition was built on the Substance Abuse and Mental Health Services Administration -- or also known as SAMHSA -- Strategic Prevention Framework. The Executive Committee is comprised of two staff, along with 12 volunteer sector representatives Meridian City Council May 7,2024 Page 6 of 83 from the community. Council Member Ann Little Roberts has served as a business sector rep since 2020. We have roughly 25 to 35 active members at a given time and more than 600 members who receive the MADC newsletter, along with a wide variety of community partners. Together we implement data-driven strategies focused on environmental change and we wanted to show a quick video, but we were just informed prior to the presentation -- quick by -- I mean 30 seconds -- that the audio won't come through, but I think it's still important imagery to share and I will kind of do a little bit of audio to go along with it. So, this is going to be the video that is -- introduces and highlights the work that we do. You can see with the subtitles some of the events that we do throughout the year. We actually have over 70 events that we participate in sharing resources and prevention education and that reaches roughly 30,000 community members and so we have been -- compiled that data and highlight that in our annual education and prevention report that we do and so that's a quick 30 second video that we use to share that as well. Next we would like to highlight some recent events -- and by recent I mean in the past year some of the things that we have been working on. We would like to share that over the last -- oh, my gosh, I have been doing this almost a decade, but over the years the marijuana laws have changed drastically across the country. We have fielded questions from concerned citizens asking why marijuana dispensaries in Oregon and Washington can advertise here in Idaho. We have heard from Meridian residents, Idahoans from the northern part of our state and law enforcement partners from the west. After listening to these concerns in August of 2023 Unified Development Code updates included changes to prohibit signs advertising illegal activity or any establishment that sells a controlled substance, as well as drug paraphernalia as such terms are defined in Idaho Code Section 37-2701. On behalf of coalition members and concerned citizens I would like to thank all of those who supported and approved this policy change. This is just one of many examples of the collaborative efforts that keep Meridian a great place to raise a family. I am now going to pass it over Hailey to show -- share a couple additional highlights. Blogg: Okay. So, on January 25th, 2024, MADC celebrated 20 years of prevention. The West Ada School District is a long-time partner of the coalition and they hosted us for a celebratory lunch at their district office. We had over 120 city leaders, community partners and prevention advocates in attendance. The theme of this event was Past Present and Future, highlighting the 20th anniversary -- I say platinum anniversary, which is a strong and enduring for prevention efforts for years to come. We had three amazing keynote speakers. Former Mayor Tammy de Veerd highlighting the history of MADC. Chief Tracy Basterrechea highlighting the present MADC initiatives and he discussed how prevention aligns with law enforcement in the community. And Kendall shared future MADC goals and encouraged attendees participation to get involved in prevention. The feedback that we received from the event was very moving and positive and I would like to share a quote of one of the attendees. The 20th anniversary was my first direct exposure to MADC and what you all have been able to accomplish. It was truly inspiring and I have felt compelled to get involved in some way. Substance abuse hits home for me and my business partners. We all have family members who have struggled with use and addiction. We have had a few attendees that have gotten involved with the coalition after the event and that really shows that anyone can get Meridian City Council May 7,2024 Page 7 of 83 involved in prevention, whether that be just attending meetings, volunteering at events, or serving on the executive committee. Everyone can become advocates for prevention. As the Mayor noted, there is some challenge coins that were set out for you. Our partners at North Point Recovery were able to create the challenge coins just to signalize the event, so we wanted to share those with all of you. So, this is another PSA that we filmed with local youth. So, the Meridian Anti-Drug Coalition encourages local youth to get involved with prevention efforts and we have various ways to do so. Some examples are serving as the youth sector representative on the executive committee or volunteering at different MADC events and, then, filming a natural high PSA, which this is right here. This is Sydney Nate. She served as our sector rep from 2023 to 2024 and she was an incredible addition to the coalition and we are going to miss her as she heads to college next year. So, Natural High is basically a campaign that focuses on positive prevention messaging and encourages youth to participate in healthy activities, sports, hobbies that make them feel good. I'm going to go ahead and share this and I apologize for no audio. So, her Natural High is weight lifting and she is a former dancer, so she really enjoys just how it clears her mind and helps her mental health and basically just makes her stronger and more powerful to do a bunch of different things. So, that will be shown at the Village Cinema in theaters during the summer. So, a super fun opportunity for youth. As we move forward to future planning, last year we focused on partnering with Central District Health and we trained multiple school resource officers in the evidence based prevention program called Catch My Breath and that is a vaping prevention program. I have also become a trainer in that program. So, now I am certified to train the curriculum to other community members, school resource officers, basically anyone who wants to get certified to teach this curriculum and as we look to the future we would like to expand evidence-based programming that we offer to our partners, whether that be through Catch My Breath or a new additional program that increases prevention education and helps reduce risk factors for substance misuse. We are also looking at strengthening existing partnerships. For example, the prevention unit within the Meridian Police Department is enhancing communication with the West Ada School District and we are meeting with administrators at Meridian schools. The school meetings that we have thus far have been very successful and available to share multiple resources with families at parent night and other occasions. Another example is promoting the prescription take back days. We recently had coalition members drop off flyers and education about MADC to -- they did this in person to a local hospice, pediatrician offices and the offices were very excited to learn about the opportunities and resources MADC has and we were able to get the information out regarding the prescription take back day. The prescription take back day is an even that's sponsored by the DEA and it occurs twice a year, once in the spring and once in the fall and it's a drive-through format for community members to come by and dispose of unwanted, expired or misused -- or, excuse me, unwanted medication to prevent misuse. Our last prescription take back was on April 27th and we had about 290 cars drive and dispose of 819 pounds of medication. So, Kendall and I just wanted to provide a very high level overview about the work that the coalition does and we wanted to make sure that everyone knew that our MADC meetings are open to the public and it's the third Thursday of each month, unless otherwise posted on the website. If anyone would like to get additional information you can visit Meridian City Council May 7,2024 Page 8 of 83 meridianmadc.org for more information. We wanted to thank you for your time and your continued support, Mr. Mayor and Council Members, of MADC and at this time we will answer any questions you may have. Simison: Thank you, Hailey and Kendall. Council, any questions? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Thank you for the presentation. I really appreciate it. Thinking back -- I grew up in Idaho Falls and I remember the DARE program. DARE officers. Is this -- help me connect that program from 30 years ago, whenever it was, to this. I'm assuming a lot of the similar goals, but just -- the reason I highlight it is because I really think that getting into the schools is important. I -- for me I remember the officer. I remember the conversations, the things I learned as a kid about it, and it's so much better to prevent just one person from going down that pathway where addiction and all the troubles that come from abusing drugs, whether they are, you know, prescription or whatever it may be. So, it's -- it's a very worthwhile effort to make sure that people understand the impact so they make better decisions. But I would just like -- if you can maybe take a minute to talk a little bit more about what you are looking at to more fully integrate -- or not integrate, but like get into the schools, because for me that made a difference. Nagly: Sure. Mr. Mayor and Councilman Taylor, I would be happy to address that question. And DARE still exists. It's still out there. And we do see that in some of the rural communities throughout Idaho where we can still see officers in their DARE car and they are doing that prevention and education for that local school district. As far as here in Meridian working closely with West Ada School District we actually have two representatives from West Ada that serve on the executive committee and we work very closely at collecting data, making sure that we have a valid sample size of not only national and state data, but local data as well and, then, through the use of looking at that data we look at various ways that we can then get in and address the needs that determine the education that is needed for our schools in our area and that happens in a variety of ways. We teach in the high schools and we do a combo presentation with -- Hailey does this with the SROs and the school drug counselors or the counselors. I'm talking about prevention and, then, what the school policy is and what resources are available and, then, what enforcement looks like. So, it's a collaborative effort. As far as the middle schools that we go into the life skills classes and when they are teaching the drug and alcohol curriculum we go in and have conversations and do presentations there. We have also worked with them to integrate in suggestions in their policy changes. When they have looked at what policy -- I think it's 501.22 what West Ada looks like as far as if they are receiving a violation on campus and, then, what some of those next steps are if uses already have been identified and the resources that are there. They have a parent information class where they require parents and the student to go to that class. It's a three series class and we have resources -- we have a family prevention packet that we have put together that historically has been offered at that Meridian City Council May 7,2024 Page 9 of 83 class. So, there is a lot of different ways. We meet with the counselors at the very beginning of the school year. So, there is a lot of integration and all of those different strategies speak to that strong partnership that we have had with West Ada School District dating back 20 years. Taylor: Thank you. Nagy: You are welcome. Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: Mr. Mayor. Kendall and Hailey, I just want to say thank you. Having participated in, I don't know, seven or eight years now, I believe -- I learned about MADC when I was liaison to the police my first term on Council and never left, because they are such a dynamic group of volunteers that these two manage, I can't say enough good things and the amazing impact that I have seen what we do as a committee that you spearhead doing in our community is just -- thank you so much. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I sound like a broken record, but, you know, what you guys do and how long you have been doing it -- you are carrying on a legacy that started 20 years ago in that department and it's grown so much, it is -- is so much more than it was when it started 20 years ago and I couldn't be more proud to see that it's getting stronger, because protecting our children is the most important asset we all have. My case grandchildren now. But I'm thankful every day for the work you guys do all throughout our community and I hope that we continue to keep people awake to what's out there to the dangers for our children and grandchildren and do everything we can. Thank you both. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I just wanted to say I appreciate everything you are doing, but I also really appreciate the positive messaging and I'm really hopeful, I feel like there is a shift in our culture, especially with younger people where I hope -- you know, it's not just about avoiding bad things, but it's about embracing a full life and enjoying being sober and enjoying all the positive aspects that come with that and I love those videos and how you are reaching out to kids about, you know, the -- the ways that they can feel good naturally without any help. I think that's really important. Thanks. Cavener: Mr. Mayor? Meridian City Council May 7,2024 Page 10 of 83 Simison: Councilman Cavener. Cavener: I don't think anybody's here tonight to hear a presentation, but I'm really glad that we have got a full house tonight, because not only is the message that you are sharing important for all of us to hear, you two both are just remarkable examples of great City of Meridian employees. You are an ambassador of our city with the work that you do and I think it is important for us to know that our -- our taxpayers and our stakeholders that are here tonight for a host of other reasons, see that this is the caliber of people that they are fortunate to call City of Meridian employees. So, I know we had to pivot a little bit for your time. We appreciate your flexibility and, like the Council said, your -- your passion and enthusiasm can't be quantified, but it is certainly appreciated by all of us here tonight. Appreciate you being here. Simison: I will say ditto, but I want to take it one step further in the context that, you know, when -- when we brought in the additional position, you know, Kendall and I had some conversations and it wasn't just that we wanted to be outstanding in our community, but we want to be a leader in the state and help make sure we had good statewide policy, you know, to be on the forefront of that, because I think Meridian -- anytime there is a challenge in Idaho over the last 20 years that I'm aware of Meridian has stood up and helped be the leader and having the resources that Council has invested in in MADC with the funds from the opioid settlements is putting that back to good work and helping be a leader across Idaho. So, congratulations on your efforts as part of that recent history, but I know you are not resting on your laurels and we have some good things and some big things to tackle in the not too distant future. So, Council, buckle up. Appreciate you. Nagy: Thank you. Blogg: Thank you. ACTION ITEMS 20. Public Hearing Continued from March 26, 2024 for Farmstone Crossing Subdivision (H-2023-0045) by Bailey Engineering, located at 820 S. Black Cat Rd. A. Request: Annexation of 33.893 acres of land from RUT to the M-E (Mixed Employment) zoning district. B. Request: Preliminary Plat consisting of 6 buildable lots on 27.59 acres of land in the proposed M-E (Mixed Employment) zoning district. Simison: With that we will move on to Item 20, which is a public hearing continued from March 26th, 2024, for Farmstone Crossing. First turn this over to Stacy for any Meridian City Council May 7,2024 Page 11 of 83 refresher comments that she would like to make based upon where we left things at the end of the last public hearing. Hersh: Mr. Mayor and City Council, just hold on a moment while I bring up this letter that I received tonight that I would like to share with everyone. Mr. Mayor, Members of the Council, I believe there was a request in regards to the silos that we are here to talk about tonight, how those are -- if those are going to be moved or what's going to be done with those and among changing -- my request for changing a condition from the applicant. So, this is a letter that the applicant sent to me that they received in January, basically that states that these silos weren't in good shape for reconstructing in -- in another place. So, I just wanted to show that to you. I also had a letter that I received from ACHD in regards to moving the roadway and meandering it around the silos to line up across Black Cat and that is technically not feasible. It will not meet their district policy and safe -- and may have safety concerns. So, that was the letter that was received from them and that's in the file and, then, also I have been in contact with the Parks Department and the Parks Department is currently speaking with the applicant and the applicant has agreed to dismantle these silo blocks, the beams, the chutes and the bands on pallets and, then, ship them to the park storage at the maintenance shop. But this is something that they are currently working out and I believe the applicant can speak more to that. And, then, I will go ahead and share the condition that the applicant would like to change. The applicant is looking to strike a condition in Section A-1-A, just a portion of it, where we -- staff had recommended the removal of the roll-up doors and the applicant wanted -- those two buildings to be used for flex space use and staff would like them to remain just as normal office buildings in that ME zoning, which is what we would like to see in the Ten Mile Area Plan, especially between the plaza, that they function as traditional office buildings, but the applicant is requesting that to be struck and the Council approve that. And I stand for any questions that you may have. Simison: Thank you, Stacy. Council, any questions for staff? Okay. Would the applicant like to come forward and make any additional comments? Bailey: Thank you, Mr. Mayor, Council. David Bailey. Bailey Engineering. 1119 East State Street in Eagle. Representing Trilogy Development for the Farmstone Crossing Subdivision. So, the -- the two issues we have to talk about tonight are the silo and the -- and the uses of the two buildings that are adjacent to the plaza there. I think we got all the rest of it pretty much resolved and we are -- we were deferred to discuss those two topics. So, in the meantime, as Stacy said, they reached out to the Parks Department. The Parks Department has said that they are -- they are willing to accept that for storage pending a future use and, then, we had asked them to prepare an MOU. We had discussed what pieces were reasonable to salvage and agreed to basically everything they asked for in that the actual wood on the roof and the shingles would not be retained, but the -- the structural beams and all of the block and all of the -- all of the pieces that we could use for that -- probably some additional from the other silo as well to make sure that we -- you know, they had enough to reconstruct the -- the thing somewhere. So, we had asked them for an MOU on that and they said that they -- the Parks Department -- I think it was Mike Barton had said that -- in our last communication Meridian City Council May 7,2024 Page 12 of 83 says I believe the Mayor and Council need to have another conversation about what to do with the silo. So, they -- it -- he hadn't done an MOU at this point based on that. So, I don't know the results or -- or whether that's before you at some -- some other point. Parks and Rec Department is still willing to accept the silo in the terms you and I discussed. We will have to wait after the meeting to get clarification on that for the MOU. So, I guess that's part of what we are here tonight for is is to ask on that -- that point. And the -- the structural letter is something that we had had in January and I discussed with you previously, but they -- the point was that if we are going to move it -- it's -- it's a significant task to move that -- that thing and I don't think that changes anywhere of where we are at this point. You know, we knew that and, then, the additional letter from the highway district -- we had reached out to them previously. Your staff reached out to -- again to ask the same question and -- and got the same answer that too many moving parts in progress on that. We have been working with Ardurra Engineers and providing them information and in -- in getting that done and I know there is a lot of pressure from the approved development of the north and the projects to the east to get Vanguard built through this -- this location here. So, I don't know how that's coming out, but we have continued to be cooperative with them in the meantime waiting for that, but we can't move forward on any commitments, you know, until we are moving forward on this project. The second item on this is we had discussed at the previous hearing as well and those buildings are actually -- I mean they are flex space, they are intended to be office in the front and the roll-up garage doors in the back. They are very similar across the site, the same architectural design and we understand the request from the staff to change those into complete office buildings, but we just don't have access for them to be used as office buildings. The depth and the design of those buildings does not -- does not make itself, you know, into that. So, they are -- they are flex space, but they are intended to be -- portion of them or, you know, half of them in office space and the rear to be that access. We think that there is not a problem with -- you know, there is going to be so much traffic back -- back there that it's going to interfere with the pathway and there is open site from both ways of the pathway coming through and the -- the portion that's going to be facing the -- the plaza that's in this will be office space will be facing that, so it's not warehouse or garage doors facing our plaza within that area. So, those -- that's the reasoning for that there and, again, they are the same buildings, they are the same style of design throughout the site, so designing a whole new type of building that doesn't fit our match is not something that we would like to do with the -- with the product that we have already set for this, so -- that said I would be glad to stand for any questions you have. Simison: Thank you. Council, questions for the applicant? Okay. Thank you very much. Bailey: Thank you. Simison: Mr. Clerk, do we have anybody signed up to -- Johnson: Actually we do. Blaine Johnston. Meridian City Council May 7,2024 Page 13 of 83 Johnston: Mr. Mayor, Members of the Council, my name is Blaine Johnston. I'm president of Meridian Historic Preservation Commission. I would like to first thank you guys for taking the time to consider this application. We didn't want to delay anything, but we thought it was important for thorough discussion of the outcome of this property. We don't want to force anybody to do something they don't want to do. I think if we did that the outcome wouldn't be good for anybody. So, with that being said I would like to thank staff, Parks Department, for working with the silos, agreeing to store them until such time as they can be moved to a future location. With that said I will stand for any questions. Simison: Thank you. Council, any questions? Johnston: Thank you. Simison: Okay. Thank you. Is there anybody else present who would like to provide testimony on this item? If you are online you can just use the raise your hand feature. Okay. Would the applicant like to make any final comments? Okay. Applicant waives any final comments. Council, for -- for discussion, next steps. Parsons: Mr. Mayor? Sorry, Mr. -- Simison: Mr. Parsons. Parsons: Just wanted to clarify for Council as to why staff was recommending the additional use on the site. If you recall on the site plan that was presented to you three, four weeks ago there was that plaza area and we were -- the reason why we were pushing for the office use and not having the roll-up doors on the back is because we are trying to make that more integrated, more usable for the business park. I remember this Council was concerned about getting traffic going through there, if this was going to be a light industrial, so we thought by softening that and providing that office use there and making sure that all four -- four sides of that building had professional office interests and parking in your traditional business park design around the building, it made a lot more sense to tie into that open space in that plaza area and that's why we had made that recommendation in the staff report. So, just wanted to give you that context as -- as to why we had required that in the staff report and the DA. Simison: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: It's not a large reason, but this continuance around the silo and heard from the applicant and the applicant's been in contact and communication with the Parks Department. I have heard a little bit about that. If, Mayor, with your level of comfort, Meridian City Council May 7,2024 Page 14 of 83 the Parks Department's level of comfort of taking ownership of this without necessarily a -- a plan that could be achieved in the foreseeable future -- Simison: We have storage space. That's about as far as I could say. It's -- it depends on how you want to put it back. That's really going to be the answer is how -- how much does the city want to spend to try to reuse the existing parts of it versus rebuilding it. It will have to be rebuilt to standard codes, foundation, supports, et cetera. To be honest with you, a replica would probably be a lot cheaper than trying to use the original, if -- because that's what it's -- you are going to likely achieve if you do it and there is a question about how much of -- how much of it can actually keep -- that's going to be reusable if you try to pull it off and put it back on. That's kind of what you are going to have to do. It's going to have to be rebuilt from the ground up. That's the essential information that has been shared with myself. So, it would be considered for one of our future parks. You know, how far down the road it depends on which one makes more sense. So, could be several years of sitting there before -- and it will be a future council's decision more than likely. It won't be the six of you all. Maybe a few of you. Maybe myself, maybe not on how much was invested to rebuild. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Is there a cost associated with just holding it in storage to the city? It's just -- it's space we have and it's not space that we have needs for as of today that -- Simison: I have not been sure that we have a cost of -- the cost is to the developer. The tearing it down to be reusable is the primary cost. The cost of the city will be with -- will be with the rebuild on our side. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Just in the spirit of the conversation and kind of -- we are all mulling over this and have been for some time. So, I will just get the juices flowing here a little bit. Just some of my thoughts. Still I'm not sure what the end plan should be. I have thought about it. Do we spend the money now? Do we have a plan? It seems like we are a little bit trying to determine what's the best thing to do and we are always weighing needs and wants in the city with how we are going to pay for things. I do like kind of where it's at right now in terms of storing; right? The developer has made it clear in our last hearing -- and I don't know that you have changed your mind at all, but your willingness to take it down -- I remember we talked about a cost. I can't remember off the top of my head what it was, but it was significant. I think that was a generous offer on their part to be good neighbors and be helpful. I don't know what I would want to do with this. Do like the idea of preserving the option and if it's not going to cost the city anything today to preserve that option, I think I'm -- that makes me much more Meridian City Council May 7,2024 Page 15 of 83 comfortable. I -- without any commitment to what we may or may not do in the future or whatever future council may have to grapple with this. But I like the idea of preserving that. I will just -- while I have the microphone I will just make a couple comments, too, about some of the condition changes that we -- we just spoke of. I like the idea of flex space. I think it allows for a greater number of uses for ensuring that tenants are there and you can use flex space for office space. You can use it for a variety of different types. I'm -- I like to tend to think that -- and I like the staff's comments about trying to accommodate that open public space, but with this being a mixed-use project already I -- it's not an office space park only, so I like the idea of preserving that and I think I would be open to kind of accommodating that. We are getting a little bit of something from them. I think it's okay to accommodate some of those requests. It's kind where my mind is at. I'm open to what other Council Members may think about what to do with that. But I think we are checking a few boxes with -- you know, our good Historic Preservation Commission and some of their -- their thinking on it, I think we are -- I just kind of like it. I think we are finding something where we can move forward today. The big thing I'm thinking about is -- we have got to figure out how to get Vanguard built, because that's going to stymie a lot of the development and a lot of other projects there if we can't move forward with that. So, I think that's a consideration with how -- what we decided to do with that impacts a lot of other projects in this area. Open to more information if there is someone and that, but it seems to me like we kind of need to address that, so that we are not being stuck with what to do or not to do with other developments. Simison: Maybe two more points -- and these will be for you, Mr. Nary in some fashion, is I have heard that there is two private developments who would maybe be interested in taking this and putting it on a development, what they are doing and I think this kind of goes to maybe the HPC to an extent. You know, if we were willing to have something on this property does it matter if it's on another commercial property that people can or can't -- you know, it may not be in the pathway, may not be even -- might be in a dead- end road. So, from the city's perspective is it a value of -- if it were to come into our storage -- and I want to use the word storage, because I don't want to take ownership of it, because I think that takes away our ability to pass it along to another person if it was not to be the city putting it back up easily and so, you know, that would I think even be part of the question is if -- if we were to maintain it on behalf of the developer in our location, but if one of these other opportunities comes up and they want to try to reuse it and put up, it will be there for them if that's so amenable to Council, because, again, it goes back to what's the value. Just that it exists on a property in the city or exists on a public property in the city that people can access and utilize and there is maybe that little question mark I think out there, but if we were going to leave it on this property I don't know why we wouldn't be willing to leave it on any other property in the city, other than the fact that this is where it was originally. So, throwing it out there about what we want to take possession of or not -- at least initially. Officially I guess I should say. Was that elusive enough or -- Nary: Mr. Mayor? Meridian City Council May 7,2024 Page 16 of 83 Simison: Mr. Nary. Nary: Maybe one of the wrinkles just to ponder. I think you are absolutely right and the concern is once we own it we will likely always own it, then, unless we had a -- other governmental entity or nonprofit to donate it to, it would be difficult to get rid -- to donate it elsewhere. So, that would be problematic. So, I think you are correct in not necessarily wanting to take ownership of it. But if we are not going to own it and we are going to store it for another party -- again not to want to make this more complicated, but if we have it as our own property it's just covered under our normal insurance and if we are holding for somebody -- or storing it for somebody else, it's still going to be covered under our insurance, but now the risk is any damages are now damage claims to the owner. So, just another thing to have to ponder if we are going to store this for six months, a year or longer, it's going to deteriorate sitting on the ground. Is that going to be a loss to -- to the owners? Is that going to be a claim that we will have to address? At some point can we address that in an MOU? We could potentially. So, a couple wrinkles just to have to ponder how we may manage this going forward if we are going to keep it. Simison: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. Bailey, can we bug your expertise for a minute? Bailey: Yes. Cavener: Do you mind? Bailey: Yes, sir. Cavener: Thanks for coming back up and I was going to say this later, but I will say it now. I appreciate your -- your patience and flexibility as we kind of work through this nuance. I recognize it required a continuance and you and your client are probably itching to -- to get to work out there. What's the -- if you were to -- to get your approval this evening, what's the longest period of time you could go without having to begin dismantling the silo? Is it a week? Is it a month? Is it six months? As I -- as we discussed before, our timeline is much longer than the timeline for the people who want to build Vanguard. Bailey: And so I don't know where they are. I know they are working on design. I have seen a close to final design on the -- on the Vanguard working with John Carpenter over at Ardurra and his team over there, but I don't know where they are as far as actually submitting that or getting it approved. So, I -- I -- I -- I don't know their time frame. I do know that the other developers in there, Adler and -- and Ahlquist Group and -- and Meridian City Council May 7,2024 Page 17 of 83 Conger to the north and -- and I'm pretty sure my client also have a -- some kind of agreement going on on the cost sharing of building. So, it's -- it's imminent I guess it would be the point. So, we -- we still got, you know, I would say a couple months, but I would guess that they want to get that road building this summer or this fall. Cavener: Mr. Mayor, following up? Simison: Councilman Cavener. Cavener: If I took a guess at 90 days is that out of line? Bailey: I don't believe so. Cavener: Okay. All right. Thank you. I appreciate it. That helps me. Bailey: Okay. Thanks. Strader: Mr. Mayor? Simison: Councilman Woman Strader. Strader: I think one of my concerns is that as we are going to be storing these materials and, then, an opportunity that makes sense doesn't, you know, necessarily come to fruition, I'm a little bit disappointed, I was hoping that there would be a way to move the silos along the pathway and try to integrate it with the pathway, because I think it would be a very interesting thing for people on the pathway to go see it at the same time. To me like that makes way more sense than the plaza. I don't see this plaza getting a ton of use compared to the pathway where I think, you know, having it along it would have been ideal. I have a question for the applicant, if you have a second. So, I -- I saw the letter, but I wanted to understand from your perspective, you know, how -- if there was a direction we do want to move the silos and -- and rebuild them along the pathway. Did you get any kind of a cost estimate or do you have any kind of an idea of what that would -- would require? Bailey: Council Woman Strader, yeah, we -- we have looked through a bunch of stuff on that. I think we came up with, you know, there is a number to disassemble, you know, and move -- Strader: And move -- Bailey: And, then, there is -- you know, there is the foundation and the interior wall and building that up -- two interior walls and building up around there and, then, the erection of it and, then, the certification through the city. So, we -- we don't even know if it's totally practical for us to get a building permit from the city that's going to meet -- meet those requirements. Probably could at some cost, but we don't know what the cost of that is. So, if you just want to round a number -- I hate doing this, because I'm an Meridian City Council May 7,2024 Page 18 of 83 engineer and I don't know anything about actual costs and stuff. I get accused of that all the time. But, nonetheless, I'm guessing north of 200,000 dollars is what we are talking for this and it's a -- it's a significant expense to do that. I would throw out there that, you know, if the city has concerns with, you know, where it goes and the ownership of that, we have offered and would still continue to offer to disassemble it and store it on site for some period of time; right? So, if the city has other things in the -- in the option there and it's complicated to move it there, you know, we -- we -- if -- if that helps any, you know, we would still be willing to do that and we have committed that we will pay for the -- the cost of disassembly and put it on pallets and storage, you know, of it, so -- Strader: Let me ask you a question. Mr. Mayor? Simison: Council Woman Strader. Strader: Would you be comfortable with an agreement with the city that's a little more open, where you are going to take on the cost of disassembling the silos, we are prepared to store them, but maybe an MOU or something between us that if we can't find another suitable site that we would have the option of -- at -- at our cost -- because you are already paying to disassemble it -- but maybe some kind of an option for the city to be able to say, no, we want to relocate these silos here on the pathway or a monument. Like would you be open to something that says we could locate something like that? Bailey: If the city would do it? Strader: Yeah. Bailey: On the site? Strader: Uh-huh. Bailey: I would certainly ask, but I -- I can't see why that would be a huge deal for us to say they could be on the site. I think that there is complications on monuments owned by the city -- I mean I'm sure that the attorneys could work it out, but -- Strader: Yeah. Bailey: -- you know, we wouldn't be responsible for safety or maintenance of it. I could certainly ask. I would guess that that would probably be acceptable. Strader: Uh-huh. Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I'm just thinking it would be nice to have some sort of a Plan B that we could use again -- to me something along the pathway makes a lot more sense. You Meridian City Council May 7,2024 Page 19 of 83 previously stated that you thought there was space along this, you know, kind of triangle here at the bottom. Bailey: On the freeway. Strader: Yeah. Bailey: Along the freeway at the south end. Yes. Strader: Uh-huh. Bailey: So, there is a 50 foot buffer there, you know, with the pathway and some -- some of the freeway along that edge there. There is probably space for it. Simison: And it's a 50 foot buffer there. Is it a non-build buffer next to the highway? Parsons: Council, Mayor, Members of the Council, potentially. I mean it's -- it is meant to be a setback from the road. But, again, this is an unusual circumstance. In that zoning district there is a zero setback for structures, but we do have alternative compliance, so we can figure something out and if David can correct me if I'm wrong, in the southwest corner it is a little wider than 50 feet, isn't it? Bailey: I believe so. Parsons: Yeah. Bailey: I think that's the occupied structure anyways; right? That setback is -- Parsons: Yes. Simison: And that's why I know our -- is it our setback requirement or Federal Highway setback? Parsons: It's a requirement of-- Simison: So, they don't have any setback requirements from the Interstate for buildings? Parsons: I'm not aware of any. That's -- nothing in our code. Simison: We have other attorneys and developers here, but I'm pretty sure -- I want to say there is, but I won't stake my reputation on it. And I wouldn't guess what it is. Council Woman Strader. Strader: Mr. Mayor, just thinking out loud and I'm just trying -- trying to find a way to get to a yes that preserves some options. I -- I think it would be great if we took you up on Meridian City Council May 7,2024 Page 20 of 83 your offer to dismantle the silos and we could store them in parks if we get an acceptable MOU, but I would like to make sure that we have two different options to locate either the silos or a monument here on your property, you know, so that we would have that optionality. So, in the future if we don't have a great place to put it, we don't have a park and we know historic preservation thinks it's really important to locate the historical monuments on the property or close, you know, that would give us the option. So, we could explore different avenues, but at least that gives us full optionality and that's kind of where I was going with it and, then, I think that's a lot of heavy lifting to ask I think from -- from legal and everybody to try to craft that agreement, but that to me seems like an acceptable solution. At least preserving some optionality at the site. Again, you are dismantling it. There is a cost associated with locating -- redoing the silos there I think we would have to bear those at 200,000 dollar cost seems pretty exorbitant to add onto what you have already committed to doing. And regarding the flex space, you know, I -- I understand where staff was going with it. I -- I think there have been a lot of changes with office and industrial development and that flex space has become a lot more prevalent use in this kind of e-commerce driven economy. I'm a little more open to that. I think we should give you some flexibility there and I think you will have a lot more success with flex space instead of traditional office space. So, I -- I do appreciate your flexibility and similar to Councilman Taylor, I think -- because you are willing to work with us we should be willing to work with you on that one. That's just some feedback. Bailey: If I could add to that a little bit along the same lines is that in the overall Meridian Ten Mile Plan, you know, we have got this mixed employment and all this stuff in there, there really isn't a whole lot of flex space within that and there is a lot of the other uses. So, I think it provides a good balance that way as well to have this all as that flex space. So, thank you. And if I could -- one more, Mr. Mayor. On the -- the -- the piece of the location -- Bill, do you have a development agreement? Right? So, it would seem to me that -- that maybe we could put some -- again, I'm not the attorney. We could put some terms in the development agreement say that we would designate on the final plat, you know, an area that would be the -- the -- the developer would be willing to give an easement or fee simple and we will just designate where that -- where that is on the plat that the city could, then, construct this at a later date at that place and whether we store it at the -- at the city or on the site, you know, I guess I would leave that up to the city to determine what they would want to do with that and we could show that -- and I think we get the terms of that in the development agreement, which has to come back to you in any case I think. Does that work? Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: Mr. Mayor. David, thank you for your flexibility. I really appreciate it. just wanted to get some clarity on -- the monument is still something that's happening in your community area. It's something separate from the silos. We kind of had touched Meridian City Council May 7,2024 Page 21 of 83 on that on the previous -- when were here before and just wanted to get some clarity that, that those are two different things. Bailey: They are at this point and so we had presented a concept of the monument that will go in the plaza on the site here and we were to present the final design and run that by the -- by the -- the Historic Preservation Committee and have that approved by -- by -- at the CZC for the -- for the plan. So, yes, that's still in the -- in the plans. Little Roberts: Great. Thank you. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Question for you, David. But you can probably stick around. But I think I like where Council Woman Strader is taking the conversation with sort of the MOU. I can say pretty confidently tonight we have no idea really what we want the end goal to be. We want to preserve some options. The discussion about ownership is an interesting one in terms of if we are going to store it, but we are not going to own it. Well, who is going to own it? Probably need to figure that out a little bit, but I -- to me I think moving forward with disassembling it, the city storing it and instructing the applicant and the city to develop an MOU -- because I like the idea of -- if this -- if we have no other parties who do want to come and take this or a portion of it or take ownership and move it somewhere at their expense and if the city decides the best thing to do is to -- in that southeast corner that maybe that's where we want to put them back up, that's an expense that we should bear and not -- that's an unfunded mandate in my mind if we were to ask you to do that. So, that would be an obligation we would have. I don't think tonight we can make that decision though. There is too many options out there. So, think if we -- if -- if -- where I'm going is kind of where Council Woman Strader has taken us a little bit, like let's preserve some options with an agreement -- to me that makes some sense. I would be willing to move ahead with that as an -- again, I guess we need to maybe figure out what the ownership is. To me it seems like if we are going to store it it feels like we are owning it, but what that means in terms of legal stuff it would maybe need clarified, but I wouldn't expect you to maintain ownership. I don't think that -- it's not something I considered before coming here tonight. That's kind of where I am at. So, anyway, thank you, Mayor. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I'm willing to maybe take a crack at it if we are -- I don't know. I'm looking over at Councilman Overton, if he has any comments before we try. Mr. Mayor? Simison: Council Woman Strader. Meridian City Council May 7,2024 Page 22 of 83 Strader: I move that we closed the public hearing. Taylor: Second. Simison: I have a motion and a second to close the public hearing. All in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: ALL AYES. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Okay. I'm going to give it a fair discussion. I'm going to give it a try here on a motion. After considering all staff, applicant and public testimony I move to approve File No. H-2023-0045 as presented in the staff report for today's hearing date with the following modifications: We will direct the applicant and staff to prepare a memorandum of understanding that will reflect the applicant's willingness to disassemble the silos at the site and giving the option to store it on site or at the Parks Department. In addition, the applicant -- to memorialize the applicant's willingness to build the monument at the plaza portion of the site, giving the city, at its cost, the option to locate and reconstruct the silos on the site -- a portion of the site designated by the developer in the MOU either an easement or whatever legal ownership works. If the Legal Department could weigh in on that. And, then, in addition reflecting the change to condition A-1-A allowing the applicants to construct flex space. Taylor: Second. Simison: I have a motion and a second. I have at least one -- a question. Were you suggesting that they are going to tear down, they are going to build the monument that they originally proposed? That's what I thought I was hearing in your thing. And retain a place on their property for the future? Strader: Mr. Mayor? Simison: Yeah. Strader: Originally, no. However, Council Woman Little Roberts asked a clarifying question of the applicant whether they still intended to construct the monument at the plaza and they said that they did. Simison: But it's the monument and potentially relocating this on their property, even with the monument. Strader: Yeah. Meridian City Council May 7,2024 Page 23 of 83 Simison: Okay. Motion and second. Is there discussion on the motion? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just a little bit of discussion here. That allows for the possibility that the monument is constructed, but if the city finds that it's completely cost prohibitive, then, in my mind at least we have a fallback that there is this monument here. Trying to help with the historic preservation aspect. Understanding that it is -- it is -- it is quite a cost and -- and so expressing our gratitude to the developer for that. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: It's not germane to the motion. I do think, then, that we as a -- as a body and certainly Mayor working with staff need to develop a plan -- I think sooner rather than later, whether it's turning it over to a private party or building a plan that this is going to be built in some park. I think waiting years or years to come up with that plan is probably unfair to our community, unfair to the intention of I think behind the motion. I'm really conflicted on this one this evening and it's not because of the motion or the -- the action of the developer, I'm troubled a little bit by the letter we received from ACHD saying this is difficult to do or it can't be done. I -- I challenge that, but we don't have the authority -- I am somewhat handcuffed. To me this is the worst of the best solutions that's presented, but it is better than -- again, appreciate the developer, they very easily could clear the site and could have torn it down and this wouldn't have been a conversation for us tonight. I appreciate their willingness to do what's right for our community and give us the opportunity to make an option. I just don't want this to sit and decay at the developer's lot or at our Parks Department. So, I think that we have got some -- it would be disciplined about coming up collectively with a solution sooner rather than later. So, I will reluctantly be supporting the motion this evening. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Just some short quick comments. I think -- I think inaction tonight is -- is problematic. So, I think we do need to make a decision. This is sort of weathered out there for a little bit as we have tried to grapple with -- with what to do and I think at some point a decision has to be made. For lack of knowing what the best outcome should be, I think this is the best path forward to preserving some options for the city without an undue burden on the developer and also accommodating the Historic Preservation Commission's suggestions and recommendations on the matter. So, I will support the motion as stated. I think while we still -- I agree with Councilman Cavener's idea of -- or suggestion to work proactively in a fairly short time period to do that, I think -- I think it Meridian City Council May 7,2024 Page 24 of 83 would be incumbent on the -- on us to also reach out to private parties proactively and see if there is an interest. I think that that's something we should be doing. So, it is a -- it is a challenging situation to consider, but looking at the last several months, year or so -- no one's been able to make a decision. I think it's time that we need to make a decision. So, I will be supporting the motion. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, I just want -- I think there is two agreements here and I wanted to make sure I'm clear and planning is clear and that is what your intention is. But in the development agreement, from what I have heard, the developer is going to agree to provide a location at this common area that's adjacent to the freeway for a future site potentially. I would recommend that we have a license agreement to use that space, not necessarily fee simple ownership of that space, but for a potential future for this -- for this monument to be restored there. Barring that not occurring, the other -- and that's I think all the development agreement is going to address in that regard to this barn. The second one is the MOU you have talked about and I think what I have heard is the developer is going to pay to dismantle it. The city is going to agree to store it. The developer is going to maintain ownership at this point. We are going to do our best effort to facilitate it being relocated somewhere. Potentially back on site or some other location or on a city property in the near future and determine that at a future date. If it becomes a property that's going to be restored on the Farmstone site, the city will, then, own the building, restore it and maintain it on site under this license agreement to use the space. Is that what you all intended and -- because that's the way I heard the two agreements that we would do. The DA is one and the MOU was separate. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yes. Nary: Okay. Thank you. Strader: Thank you. Simison: The only thing I will suggest to Council is come up with your suggestions on which park you would like to put it in, because we don't have one planned in the next three to four years, according to our Parks Department, where it would be integrated. So, you will have to go in an existing one if you want it on city property at this point in time. Strader: Mr. Mayor? Meridian City Council May 7,2024 Page 25 of 83 Simison: Council Woman Strader. Strader: That's the beauty of this is that it very well could be that it ends up right here along this pathway, which I think is a fantastic outcome, because it adds interest to our pathways network and it locates the silos near where they were originally. So, if we can't come up with a better plan -- we will find out what the cost of that is and we will go from there. Simison: All right. Any further comments? If not, clerk will call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you very much. MOTION CARRIED: ALLAYES. 21. Public Hearing Continued from April 16, 2024 for Reveille Ridge Subdivision (H-2023-0050) by Bailey Engineering, generally located on the west side of S. Eagle Rd., approximately 1/2 mile south of E. Lake Hazel Rd. A. Request: Annexation of 59.97 acres of land with an R-8 (34.69 acres) and R-15 (25.28 acres) zoning districts. B. Request: Preliminary Plat consisting of 247 building lots and 37 common lots on 59.77 acres of land in the R-8 and R-15 zoning districts. Simison: Next item up is Item 21, which is a public hearing continued from April 16, 2024, for Reveille Ridge Subdivision, H-2023-0050. We will continue this public hearing with comments from staff. Allen: Good evening, Mr. Mayor, Members of the Council. The next application before you is a project that was continued to tonight's hearing due to the city inadvertently not noticing the Kuna School District of the proposed project. A portion of this project lies within West Ada School District and the remaining portion lies within Kuna School District. Both school districts submitted comments on this application that are included in the public record and just a reminder that the applicant had requested a waiver from City Council to leave the Farr Lateral open and not pipe it and that is part of the original request. Simison: Council, any questions or comments for staff? Would the applicant like to come forward? Bailey: Good evening, Mr. Mayor, Council. David Bailey. Bailey Engineering. 1119 East State Street in Eagle, Idaho. Representing Trilogy Development for Reveille Ridge Meridian City Council May 7,2024 Page 26 of 83 Subdivision. As Sonya stated, we were deferred from a previous meeting to -- actually we were deferred from the previous meeting for a few issues and, then, came up the issue that the -- that a portion of the south road in this is in the -- is in the Kuna School District and we hadn't had -- they hadn't been noticed or provided comments. So, since then the West Ada School District has provided comments, the Kuna School District has provided comments and I'm going to address the other issues that we had discussed there first and we have resubmitted a revised plan to the -- to the city on that. So, we were talking about the -- about the transition on the northeast boundary and we have removed two lots from that northeast boundary and made those lots significantly larger along that to provide a better transition as suggested by the city council. We have overall removed two lots from the -- from the subdivision and with that design we actually moved the streets on the west of this. On Recreation Drive we had a condition from ACHD to move that connection 330 feet. So, we moved that connection to 330 feet. They weren't going to budge on our idea that maybe that one could be closer. So, we did realign that western end of the project a little bit with that. Not a whole lot of effect otherwise. But with that we also looked at the option of being able to fence that pond entirely for the first phase of development. So, we will be developing open space during the first phase, you know, as we had promised, plus building all the collectors, but there was a concern with the -- that pond and the access to that. So, we will commit to fencing that off from the remainder -- from the phase one subdivision and, then, that pond will be in the -- I believe it's in the second phase we will get that done and -- and get the -- get the pond restored and meet all the requirements on the pond end of that. And a minor one, which you can't really see on the plan, is that we have the -- a condition that we are going to build the entire collector street, including the curb and gutter on the south side of that. So, there is a little shift in the plan that moves the road to the north just a little bit. Didn't impact the size of any lots within this, they all just shifted within the areas that we had on that. So, we made that adjustment, so we are fully compliant with ACHD's conditions of approval now. As to the school district, we have letters from West Ada School District, which indicates their capacity and -- and what they have capacity for this and that they move those. Or what they would do for an overcapacity condition. You know, if they did have more students at those schools, you know, that they have several options to accommodate this here. The letter from the Kuna School District is a little more -- let's say negative and saying they are overcapacity and we have had some significant experience working with the Kuna School District in Kuna projects here recently and I don't know if the Kuna School District representative is here tonight, you know, to do that. So, my take is that, you know, from my reading of the letter is they are not saying that they do not have capacity for this. They are saying that they -- that they have problems and they failed their last school bond and that they have a ten year plan to have the capacity and they have some schools that are slightly over capacity at this point now, but they don't indicate where -- when they are going to increase that capacity. Of course they don't know without the school bond and -- and the -- the numbers that they have for capacity are based per the state law on, you know -- and they are the experts on this. I'm not questioning that. And they are saying they need help. Right? And I do believe they need help. The question is do we deny this project based on that letter from the Kuna School District? Is the representative here tonight from Kuna? Okay. So, I would Meridian City Council May 7,2024 Page 27 of 83 rather he make his comments and -- and, then, that's just my take on that and then -- and, then, hopefully I will get a chance to discuss the other end of that and I would be glad to stand for any questions on those issues. Simison: Thank you. Council, any questions for the applicant at this time? Okay. Thank you very much. Mr. Clerk, do we have anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, we have two. First is Whitney Smith. Simison: Good evening. State your name and address for the record. Smith: Mr. Mayor, Council Members, my name is Whitney Smith. I live at 7191 South Eagle Road. So, my property -- I can't quite tell on the map -- whereas I'm right on Eagle. So, see that red square that they have like taken some houses away, so there is more -- so, I'm just down from that. Like do you see where -- it says like plan sheet index. So, that's all my property. We have five acres. We just moved here from Seattle three years ago. My husband and we with our five kids we chose south Meridian, because we found this particular land where we felt like we were close to the city and like smaller neighborhoods, so that we could have our smaller children be with friends their age, but we were still out a little bit in the country and had a teeny bit of space. We sold everything in Seattle to come here. My husband actually still works in Seattle and travels back and forth each week, so that we can live the American dream here with our five children and we love Boise and we are so excited to be a part of the growth and the just exuberant life of everyone here. We just -- I mean I understand -- we understand that people are going to develop that land. Of course. We were just hoping that the transition makes sense for everyone and is like a nice compromise. So, behind -- okay yeah. So, the Smiths. So, we are the Smiths. And, then, our neighbors are the Wilkins. There is a driveway we share together, so we have five acres and they have five acres. And as it is right now there is this beautiful -- I took a picture of it. There is this beautiful berm and, then, a line of trees and so I guess what my husband and I were hoping is that, like I said, we expect that there is going to be stuff that they put back the right -- these homes, but we are just hoping that there can just be a little bit of a compromise of transitioning from our five acres. So, that developer guy said that they have already taken out a couple of houses for those people in The Keep, so that that transition is nice and those people don't even have five acres. If that makes sense. You know. So, guess we are hoping that we could not have however many houses that is backed up right literally to our fence. So, if anything, if we could like keep that beautiful berm that's already there and, then, there is a line of trees just to keep the character of the land, you know, instead of it just being like super developed. Yeah. That's it. Thank you. Simison: Thank you. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council May 7,2024 Page 28 of 83 Cavener: Thank you. I got a question for you. Smith: Okay. Cavener: Thank you for being here tonight. It's always helpful for us to hear from neighbors kind of around the area. One of the things I have learned just being on the Council is that the word transition means a lot of different things to a lot of different people. Smith: Yeah. Yeah. Cavener: I'm sorry. I heard pretty clearly, okay, the -- maintaining the berm is important to you, but when you talk about transition what are you envisioning in your head from, again -- I was a political science major, so I can -- I -- my math isn't great. Smith: Yeah. Cavener: I see like two and a half lots that would front your land. Is that what you see? And is -- is that not acceptable? What -- and, if not, what would you define as kind of transition from your perspective? Smith: Well, yeah, what are those like skinny little lines? Does this move? Can I touch this? No. Yeah. I guess I see about two and a half houses. I would say my biggest thing is the berm, because I feel like that just gives us a little bit of space. It's just -- like I said, it's already there, there is trees right next to it, so just kind of gives us that space and, then, as far as, you know, what we would like to see as how many properties up next to ours, like I said, they -- I don't know. So, just in -- in the prioritization for you. You know, like I said, I understand that they are going to build stuff, we just want to try to make it make sense and they conceded to the people in The Keep, which they don't have five acres. I don't know what it is. I want to say maybe an acre or so. And so they got it down to be a better like transition. So, just a compromise is what we are just hoping for, honestly. So -- yeah. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. So, just in -- in the prioritization for you I'm kind of curious what's more important to you, the density along our property line or the possibility of having a berm? I have no idea if the developer would agree to maintain -- you know, keep a berm there, if it's on their -- I assume it's on their property line. Smith: It is on their side. Yes. Yeah. So, what I would rather have -- that's a great question. I would rather have the berm, honestly. If it's true -- before tonight and before Meridian City Council May 7,2024 Page 29 of 83 seeing this picture I was under the impression we had five homes backed up to our lot. So, if it is true that it's only two, then, that's more doable, especially if there is a berm and trees. Like I said, I wish I could show you the pictures, but it's just this beautiful berm and there is trees right in front of it and if we had that and it really was just the two homes that is definitely more doable. Like I said, there is so much -- yeah. A transit -- a nice transition would be nice. Yes. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I think that's a wise choice or a wise thing to push for. You know, it looks like you have two and a half homes next to your property line and, then, I do know your concern are the little lines here. I believe those are stub -- stub street it looks like -- Smith: Right above that word or -- what does that say? RUT? Strader: Uh-huh. Smith: What are those like skinny red lines? Allen: Mr. Mayor, if I may, that's a stub street. And that's -- the purpose of that is for your -- to your property, if you sell it in the future, for future extension for development of that property. If you don't redevelop anytime soon it's simply a stub street that has a barricade on it. Smith: Oh, so it could be a street. Oh. Yeah. Like I said, I don't know if I can talk anymore. Strader: Mr. Mayor -- Simison: Keep going. Smith: Yes. Okay. Well, like I said, we like literally sold our whole life to come here and just built -- it finished three weeks ago, our forever home for our five children. We have plans to like put in a baseball field for my four sons. So, there is absolutely no intention of even adding on anything. So, it will never be developed. So, it's just going to be us on the five acres. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: And that's totally fine, because if nothing happens on your property in the future there is just going to be a dead end. Meridian City Council May 7,2024 Page 30 of 83 Smith: Yeah. Strader: You know. But we have heard -- you would be surprised -- where you have heard that from people and you never know, they -- they may change your mind. But thank you for that feedback. I think we will hope -- maybe the developer could address your request when they give comments again. But that's helpful to sort of understand your thought process. Thank you. Simison: The stub street is one less house. Smith: Okay. Like I said, when we came earlier last time it seemed like more like four or five homes. So, two and a half especially -- I would say top priority is keeping that berm and trees. Simison: All right. Thank you very much. Smith: Thank you. Johnson: Mr. Mayor, next is Cheri Ure. Simison: Good evening. State your name and address for the record. Ure: Cheri Ure. 2343 East Skokie Court, Eagle, Idaho. 83616. 1 just wanted to say it -- right? And while we feel bad about people that move here from out of state, this is a great advancement for Meridian. All of it is fantastic for Meridian. I totally support it. It's quality. It's classy. It's great. The developers are awesome. I don't see any reason not to move forward. It's going to be a great opportunity for us as business owners and for our community. All of that. I think it's -- it's good growth for us. Simison: Council, any questions? Okay. All right. Is there anybody else who would like to provide testimony on the item? Good evening. Reno: Good evening. Robbie Reno. 711 East Porter Street, Kuna, Idaho. 83634. Representing Kuna School District. No. Thank you, Chris, for including us in the comments and for you laying it by comments for this and for the comments from Mr. Bailey. We did not fill our bond. Our voters did not approve our bond. We worked very hard to get that approved, because we know in our ten year plan we need -- we need schools to facilitate this, because, yeah, we just stated facts in our letter for yours -- facts and findings, since so you can -- you are the decision makers for this and so we provided that information for you. Yes, Trilogy Developments -- now I'm -- this first time meeting Mr. Bailey, I have worked with Katie Miller and Sean Bradley -- are working with solutions for us in the city -- in the city of Kuna for their developments. So, they are very good partnership in that. But we just provided those or were the facts for you guys to make those decisions. I stand for any comments. Simison: Thank you. Council, any questions? Meridian City Council May 7,2024 Page 31 of 83 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks for being here and thanks for providing your letter. It was really interesting for us I think to be able to compare the letters that we get from the West Ada School District and the letter that Kuna provided. It's very interesting to see different approaches. A question that I had -- you know, one thing -- West Ada's approach appears to be around a lack of capacity, but, then, they have a list of bullet points of, you know, the items that they are willing to implement and we have asked them many times in joint meetings what do you need from us and they have told us up until now we have got it. Here are the tools that we have. What I didn't -- I saw, obviously, your efforts with your ten year plan. I feel for you that -- that the bond to increase capacity failed through no fault of -- of the Kuna School District, but it was rejected by the voters and so I just wanted to understand -- do you have the same -- in your view do you have the same tools available that the West Ada School District does in terms of transporting to alternate schools, area adjustments, portable classrooms or do you feel that some of those options are not available to the Kuna School District? Reno: So, our -- our district -- let's start with portables. So, portables, they are made of wood and sheetrock and so in the age of where safety and security, they are not providing good -- they are a safety risk, because they are usually out of the building and kids transport from the main building and, then, they are a risk, they are not as protected as the brick and mortar school. Also when you add portables to a school site you do not increase the cafeteria portions or the library portions or the core -- what we call the core portion. So, yeah, we are -- we have a site that we could put -- we could put four or five portables on there, increase the capacity of 200 kids, but that doesn't increase the capacity of our cafeteria, the capacity of our gym space, and so our board and our district have said portables are not an option for our schools. Busing. Yes, mean we -- we could bus, but we have -- we have done that in the past where we have had to force move kids to other schools. Parents do not like that. They want to go to the schools that their neighborhood kids are in and so when they come into an area and their kids -- some of the kids go to the school and some kids don't, they push back and we end up putting those kids in those schools and, then, the third point was what -- what is -- what to -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: It was transportation, portables, attendance area adjustments. Reno: Yeah. Attendance zone adjustments. Yes, that is something we can do. But three of our five zones are at capacity and it does not make sense to redraw zones right now. Meridian City Council May 7,2024 Page 32 of 83 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. That's very helpful. Could you give me a flavor for how many students you serve and how many schools are within the Kuna School District? Reno: So, we serve about 5,800 students and we have 11 schools. Strader: Sorry. How many students? Reno: Fifty-eight hundred. Strader: Okay. Got it. Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I really appreciate you providing this testimony, because the Kuna School District, while growing rapidly, is smaller than the West Ada School District pretty significantly and it's obvious that you don't have the same resource set in terms of area adjustments. Within the West Ada School District, because it's so large, they can move the needle a lot with adjusting, but you are saying -- if I caught this correctly -- three out of your five schools are overcrowded; is that right? Reno: Elementaries. Strader: Okay. Reno: Our middle schools they have capacity. Strader: Uh-huh. Reno: Our middle schools, they have capacity and our high school -- our two high schools are at capacity. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I'm sorry to make you repeat yourself, but could you be a little more precise regarding the middle schools and high schools. The high schools are both at capacity? Can you give me a percentage or just -- Reno: I would have -- Strader: Oh. That's okay. Meridian City Council May 7,2024 Page 33 of 83 Reno: There are over a hundred percent. Strader: Okay. Reno: At the high school I think we are at 103 in the letter that I submitted. Strader: Uh-huh. Yes. Reno: And at Silver Trail I want to believe it's 126 or one -- I can't remember the percentage in that one off the top my head. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: So, in other words, you don't have a high school that has capacity? Reno: We have an alternative high school that has small capacity, but that's regulated, so -- Strader: Thank you. Not the same though. I understand. Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. Reno, thanks for being here tonight. I'm sure there are other things that are higher on your priority than being at a city council meeting, so I appreciate you showing up. I think this is the second time you have been before us and the last time you were here there was a request for mitigation fees and I know that's something that Kuna has been doing a lot of. That's a strategy that you are exploring and I know many cities and development communities are kind of watching with, you know, close eyes across the state. Why no request for mitigation fees for this particular application? Reno: Well, because we cannot ask for mitigation fees. We can ask for voluntary partnerships. We can't ask for -- for mitigation fees. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Maybe I will rephrase my question. I think the last time you were here you asked for voluntary dollars to be paid to offset the impact of growth. You are not talking about or seeking a voluntarily request for funds from the applicant for this development and I'm just curious as to why? Meridian City Council May 7,2024 Page 34 of 83 Reno: Because they are helping us and other -- in the city of Kuna, like I stated before, they are creating -- they have -- the applicant -- the parent owner of the company has donated two land sites for some potentially -- the greater issue here is the passage of the bond. Cavener: Sure. Reno: And as cities and things can navigate, one of the things that we focus on is getting that bond and how to pass that bond and ultimately we know, you know, the two- -thirds supermajority is -- we are one of two states in the union that require this and that is what they are missing. Cavener: Mr. Mayor, one additional question. Simison: Councilman Cavener. Cavener: So, when I look at the letter that Kuna has put together, you have got capacity at the middle school. You talked about that. No challenges really at the elementary school. West Ada, on the other hand, has capacity challenges at the middle school, but does have capacity at the elementary school. Can't the districts engage with each other and say, hey, can you take some of our middle school students and we will take some your elementary students? Reno: No. I'm -- not as to date, no, because, to be honest, this is the second one that's on our border. This is a unique one, because as we look at it there is 47 single family homes -- 47 townhomes that go across there and some of them -- a third of the homes -- two-thirds of the homes are split across the division. So, we are not quite sure in our planning meeting how that fits, which kids are going to be on those ones that are not fully in our zone, how do those ones go -- to which school district? We -- we -- we were -- we are perplexed by this one as well and so there is a lot of questions as far as that from our -- from when it gets built to what -- what happens. Cavener: Sure. Reno: Because we have had a situation where we had one development many -- many years ago that had the same thing, half the subdivision was West Ada, half the subdivision was Kuna. The only way to get that changed is the school board of Kuna School District and the school board of West Ada have to approve it and, then, it goes to the State Board of Education to, then, make a ruling on it. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I don't anticipate -- I do anticipate this as -- we are going to see more of these in the -- in the coming years. Is there a plan for your district to engage with West Ada to Meridian City Council May 7,2024 Page 35 of 83 kind of build a -- a student generation plan about this is where students are going to go? And much like City of Meridian engaged with the city of Kuna around our area of impact many, many years ago to provide a more orderly and thoughtfully planned out approach to growth, I would hope that both districts would also want to come together do the same. Reno: Well, I would ask what does West Ada do with your eastern properties that border Boise and, then, what does the Boise School District -- what do you do -- what does West Ada to do with them and you guys? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I don't know. We haven't had a request that I can recall of -- of a housing development that has -- that split part in West Ada, part in Boise. Simison: Yeah. West Ada's district goes well into Boise, so it's not an issue. So, there is no -- those issues would have been decided many, many, many years ago. Because it was over to Cloverdale and we don't go to Cloverdale. Okay. Reno: So, this is a unique to Kuna and West Ada. Cavener: I think so and it's not one that -- sorry, Mr. Mayor. It's -- it's not an issue that I think is a -- a one-time deal. Like I anticipate as your northern border continues to expand and our southern border continue to expand we are going to have more of these and I think rather than these kind of awkward, clunky conversations where you -- you are going to get up on a Tuesday night to come and talk to us and we are trying to figure it out, it would be great if both districts would come together and say, hey, here is Kuna's border, here is West Ada's border and let's just plan accordingly. Reno: Okay. So, we will engage with West Ada. I agree. Yes. But as far as the -- those plots of land that go across those borders. That's -- that's it, that's a great discussion. Cavener: All right. Fair enough. Thank you. Appreciate you being here. Reno: Thank you. Simison: Council, any additional questions? Okay. Is there anybody else who would like to provide testimony on the item? Yes. Come forward, please. If you can state your name and address for the record. Lucky: Good evening, Mr. Mayor and Council Members. My name is Jeff Lucky. I'm a future resident of The Keep at 6779 South Rosings Place. I'm almost built. In the meantime I live in Meridian. I just -- I will take less than three minutes. I just want to Meridian City Council May 7,2024 Page 36 of 83 make a statement that I think needs to be said. We look around at a sea of homes, new communities going up everywhere and the growth is beautiful. It's well done. It's well managed. In this particular case, though, the developer asked -- when we annex the property -- and we -- I will say as a member of the community -- when we annex the property at a density rate that was forecast to be lower than they have proposed today -- so, from the last meeting you were kind enough to listen to the residents of The Keep and, in my opinion, the developer just offered the sleeves off his vest and backed it down two lots, with full knowledge that we have overcapacity at schools. We have a hellacious traffic problem that's going to be on Eagle where it's only an arterial residential road there. We are going to have a hard time to even get out of the neighborhood, but with full knowledge that we have those problems. It feels to me like we can't turn a blind eye and contribute to this problem of overcrowding and traffic without first asking the developer to look at what the housing -- the front doors -- how many there would be if we went back to what was originally forecast to be the density for that community. They came in, they said we would love to -- we would like to propose to you that we increase the volume and, yet, we are having an argument -- or a discussion about -- we have a situation, folks, and it's -- I mean with all of the communities going up everywhere why are we annexing and increasing the density and doing potentially what we could be doing to Kuna School District and others? I mean -- I'm sure you can always find a way out; right? We can always find a way to solve the problem or we can contribute to the problem and listen to the developer, who is developing all over the place. So, I just felt like that needed to be said and thank you for listening. Simison: Council, any questions? Okay. Is there anybody else that would like to provide testimony on this item? Okay. Then would -- oh. Miller: Mayor, Council Members, my name is Bryan Miller. Not my first round. Sorry. Just wanted to come back I guess and thank you guys for your consideration last time. I thought it was particularly -- I also came to the joint City Council meeting with school district -- with West Ada School District. It was interesting to get your guys' feedback on how you worked with them. I thought that was good. What I think I found most interesting, though, is -- I think it was Council Member Cavener asked -- specifically asked the developer Mr. Bailey last time if the schools could not service these should the subdivision be approved and to his comment was, no, it wasn't. Still it was -- watching what West Ada points out, they have some levers that they can pull. Mountain View High School and the Victory Middle School are past capacity. They cannot -- I mean that -- yes -- yes, you continue to cram kids into a certain extent, but as a -- as a parent whose kid attends Mountain View that's not something that I think is a great idea. Additionally, I particularly feel for the Kuna School District and as much as I -- I think it's a great idea to -- for these entities to engage with each other, I'm a tax accountant by trade and taxing jurisdictions tend to be pretty -- they have a hard time when it comes to trading taxing jurisdictions, if that makes sense. So, I am not sure in the end there will probably be some type of agreement about what to do with these particular houses, but I doubt there is going to be some type of, hey, why don't we redraw these borders. Those are my thoughts. And I feel for the school district that they have -- they have Meridian City Council May 7,2024 Page 37 of 83 been struggling a lot and in the end their comment was, essentially, that the words they use in their -- they do not have the capacity or ability to service these kids and I think even by the -- by Mr. Bailey's own admission that should disqualify the subdivision at its current densities and, like I -- I think that many, many things could be solved simply by a reduction in density. Additionally, the -- the -- the ACHD placed many comments on the -- the -- their concerns when it comes to the traffic. While two or three of those have been addressed, I don't believe they have fully addressed the concerns of ACHD and those things I think should still be further evaluated. Did I give my name and address? I apologize. Brian Miller from -- that's all I have to say. Simison: Council, any questions? Miller: Thank you. Simison: Thank you. Is there anybody else that would like to come forward and provide testimony on this item? Or if you are online you can use the raise your hand feature. Good evening. C.Miller: Mr. Mayor, Council Members, my name is Carrie Miller. I live at 6876 South Pemberley Place in The Keep. I just wanted to, first of all, thank you for giving us a little bit of easement on our property. We really appreciate it. And I just wanted to add voice since I'm here about the two concerns that we still have. The concerns that we will have a traffic issue with a subdivision that is already being developed right across the street from The Keep and only a two lane road. When people have to go to work we already have an issue. My husband goes to work later in the day and stays later at work, so that he can accommodate for that traffic that we already have and issue for. My son also leaves to school at least 35 minutes early, so that he can get to school on time for a school that's only ten minutes away. So, the traffic issue is a real problem. But in addition to that, what has already been stated -- we have an issue with overcrowding. liked how the Kuna School District pointed out the negatives of portables. That was what Meridian School District said that they would do to accommodate. However, they never said that we had room, they said that they would somehow make room if need be and those portables I'm afraid are not the answer. They are not the way to take care of our kids. I really do appreciate you and your considerations and all the things that you have come forward and thought through our processes as well. We understand that Meridian is growing and we want to support that growth as well, but we just want to make sure that we look at all the issues before we jump into something that creates more problems. Thank you. Simison: Is there anybody else who would like to come provide testimony on this item? Okay. Then would the applicant like to come forward to close. Bailey: Thank you, Mr. Mayor, Council Members. Don't envy your position tonight any more than I do mine. As to the property to the east -- so, this is -- this -- we did discuss the density of the properties along here in the previous hearing and so we have discussed this previously and, you know, we went back with the direction that the Meridian City Council May 7,2024 Page 38 of 83 Council gave us as to what we would do in transition and we had explained where we were on transition from that end. So, from that perspective, you know, I could look at moving the stub street on that end. I, unfortunately, cannot agree to keeping a berm and trees along that boundary. I mean it would do such violence to the layout, you know, in the subdivision that I don't think that's necessary and the -- the neighbor there, their house is quite a bit away from here and so, certainly, you know, they -- they can construct a berm and the trees within -- within their property on this end of it. So, I don't know what to say about that one, except for we kind of are where we are on that one there. If we -- if we had a significant request to change the density, then, we could defer this and come back and look at that and, then, we could get someone else come up ask about the transition, again, at the next meeting. So, I'm not sure -- quite sure how to address -- address that one, but that's my take on it. The -- you know, there is some questions about the density of the project, traffic on Eagle Road, and the density of this project and I know you are aware of this, but I will remind you that the project is half in a low density residential, which is three units to the acre and another half of the project is in the medium density residential, which is planned at three to eight units to the acre and our overall project is at four units to the acre with it. So, we are well within the mid -- mid range of the density that has been planned for this property for a long time. You can expect to see properties to the -- well, the property to the east was developed at this density -- higher I think -- that they are discussing on Eagle Road. The property to the west you can expect to be developed at this density and the property to the south -- seen the plan already, which will be -- not mine -- will be developed at this density also. So, I think we are well consistent with the Comprehensive Plan, which implies that -- and we have done the traffic study and submitted that, we know what improvements we have to do to maintain the traffic and what improvements are to be done in the future. There is some -- some scheduled already for Lake Hazel with this. We do have a park close by to this, you know, which -- which has great amenities. This project itself has fantastic amenities. The open space, the walking through this area, the variety of housing product that -- that is very consistent with what the Comprehensive Plan is asking for specifically in this area and under this -- under this density zone. We provide a great transition to the existing lots, you know, and would love to work with the neighbors, you know, and -- and work on that thing and we think we have provided that great transition that way and we think that the -- the numbers work for this project. We have made some adjustments since the last plan based on your requests, you know, we will go with those. As to the schools, I guess first is -- I didn't mean to imply that the school district had failed in some way in doing what they are doing on their job. So, apologize for that -- for the -- if I came across that way. Certainly don't mean that. They face a tough job. We have several developments in the community that are in Kuna that we have worked on on this and the Kuna School District has had a variety of ways they are trying to approach the issues they have with this, but there is a plan and when we talk about school capacity, that's 2023 to 2024 school capacity that's in there now. So, they say they have a plan, but we don't know what that plan looks like in three years when the -- when the 47 students -- projected students from this, you know, approach those schools. So, they have that capacity now and I can't question the school district's, you know, judgment on saying, hey, we are over capacity in the schools, you know, we got to get this resolved. The question is what do I do with this -- with my 47 students Meridian City Council May 7,2024 Page 39 of 83 from this that I'm going to build in three years -- and better yet what do you do with that? So, you know, if the school district -- if the Kuna School District is saying, well, you know, this developer did good and this developer has done well, has developed two -- two sites. We are talking -- probably talking about another one in Kuna and the -- their request for the fees has been controversial to say the least in that area and I don't know where that's going to end up with the development community. I know there has been some negotiations, some discussions. I know there has been discussions between this developer and the Kuna School District about this project specifically. So, from that -- unless we are going to stop development, you know, across the board -- to figure out how we deal with these things, you know, I feel that we need to move forward, you know, on these and we need to help -- continue to help, which we have been and we need to continue and the City Council has as well -- continue to help the school -- the Kuna School District. It's important; right? And they certainly are task limited on the tools they have to do this with and we have had -- we have helped them before, you know, and we will continue to do that and will continue to work with them on the fee -- on the fee structure in Kuna as well. I don't think that -- it's my feeling that having this come to a head on this specific project makes sense for the school district or for us or for the City of Meridian for their future planning and their Comprehensive Plan and I think the city's done great on their goals to work with the school districts. It's right in the Comprehensive Plan. I think there is four goals in there that the city is going to work with the districts on these. We are doing our part, too, but we think this project in general is consistent with the Comprehensive Plan, it's got great amenities, we think it's a really great project, we think it will provide a lot of -- a lot of great new Meridian residents in this area and it's timely and orderly from that perspective and I would ask for your approval. Simison: Thank you. Council, additional comments, questions for the applicant? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. Bailey, first just a quick note of apology with the noticing issue. I know you were here a few weeks ago and we didn't do our good job to notify city of Kuna, so I appreciate being back here again tonight. If I remember when this was first before us I talked a lot about the school district is like infrastructure; right? It's like delivering sewer and water and police service and fire service and inappropriate, right, for us to approve a development if we couldn't serve it with sewer and water. School districts to me are no different. Roads are no different. It's infrastructure that our public relies on and so I guess I have got just one question for you, which is what do we tell that the families that got kids go to Mountain View that's already over capacity? If we approve this development it is going to put that school at a little over 2,500 students in a school that can handle 2,175. What do I tell them? Bailey: I -- I feel I'm in a real tough spot to answer that question, because I don't know that -- that I'm the responsible one to tell you what to do when we present you a plan Meridian City Council May 7,2024 Page 40 of 83 that follows your comp plan and if we get an open letter from the school district that says, you know, we don't like this one, but we like this one or this one didn't pay their fees, but this one did, you know, then, we have kind of a chaos. So, I'm not -- I don't have a problem with the system -- or with what we need or -- or providing for the schools, I have a problem with how its implemented, how it's working and so as my take that the Meridian School District did not say I can't take the kids from this subdivision at that time and so I don't know that -- that I have an answer for what has to be said in that hypothetical, because the school district didn't tell us that they are going to have to tell those parents of those kids to go to an overcapacity school and the other piece of this is, you know, from a bigger picture is that -- is that we never build over capacity. I mean that's standard across the U.S. Taxpayers will not pay for over capacity. We are always passing bonds in -- in arrears on this stuff and we are always pushing the capacity. That's why we invented these -- these things. I don't think it's great. I don't think it's great planning, but I don't think the taxpayers give us any choice. The taxpayers for the school district or the highway districts for that matter -- give us any choice that we are going to go build a bunch of over capacity in advance. But we do have notice to them, you know, and they have their plans built on your Comprehensive Plan about what to expect for students. So, where do we hit there and where do we stop is the hard question, which I can't answer for you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Bailey: That end of it. I don't think it should be on this project I guess is the selfish answer. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Then where? Where do we stop at? Twenty-five hundred? Three thousand? Four thousand? There is students at Mountain View that don't have their desks in the classroom, Mr. Bailey. They are eating lunch on the floor. When -- when is enough? If it's not now, then, I would just -- I'm curious from your expertise -- if you said it's not this project, then, when is it? Help me know from your expertise. Bailey: Well, Councilman Cavener and Mr. Mayor, you know, it seems to me that should be answered in the Comprehensive Plan, right, is when to stop. The Comprehensive Plan is what lays out the plan -- the city's plan for their growth and, then, the response of people there -- and they do get extra -- they get extra money from taxes when you -- when you bring people in and they do have, you know, a larger base. Now, they got to go post their bonds and they got to plan ahead and they have got to build more schools. That's -- the answer is we got to build more high schools. Cavener: Mr. Mayor? Meridian City Council May 7,2024 Page 41 of 83 Bailey: I don't know where their plan is. Simison: Councilman Cavener. Cavener: That is an excellent answer, Mr. Bailey. So, I guess, then, that brings me to my -- about my third and final question, then, I will try and do my best to be quiet tonight. Would you, then, accept a condition that if you are not granted a building permit until the next bond is passed to allow for future high schools to be built? Bailey: Commissioner Cavener -- Councilman Cavener, Mr. Mayor, absolutely not, because that's not the way that our system works and that -- that puts the developer responsible for getting a bond passed for the school district in order to get the approval from the city on a project and it just doesn't seem fair the way the system works and, then, you can just pick that one I'm going to make them do this and this one I'm not and so if the city thinks that we have an emergency with the schools and it needs to stop all development, then, that's -- that's your choice to do that, but it's not a simple numbers matter, you know, that goes that way. So, I don't think that's -- that would be an appropriate condition. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just some thoughts and I don't really know if I need feedback necessarily, but I always am trying to find a way to get to yes, but I want to be honest, this letter from the Kuna School District is pretty devastating. I mean just from the perspective that not only are they overcapacity, but it's a smaller district. I think we heard pretty clearly they don't have the same tools that the West Ada School District does; right? Like I -- you know, West Ada has taken the approach -- and they could have taken a different approach, but they have taken the approach that they have these tools to redraw boundaries, use portables -- I agree with -- I think it was Mrs. Miller, but someone who stated, you know, building portables aren't ideal. I agree with that. Like as a parent I don't think a portable is a great solution. But that is the solution that the West Ada School District has embraced and I have to respect them as the subject matter experts how they want to deal with tackling growth. They have these tools. But I have just heard -- not only is Kuna over capacity, but they don't have the same tools and that gives me a lot of pause, but I'm very sensitive to your point, which is consistency. Like I don't want to pick on your development and, then, find that we approve, you know, The Keep West in a future application, because there is not that same pressure. Yeah, I don't know if that's right. I think we need to have a systematic way of trying to tackle this issue. But I am -- I do consider schools to be essential infrastructure. Like their capacity and ability to educate students is critical. It helps drive my decision making and from where I'm sitting now this letter from Kuna is something I wouldn't be able to ignore. I'm not asking for anything besides maybe feedback on that, but that's just kind of how I'm seeing it. I don't disagree with you, though. You know, it wouldn't be fair to pick on yours and, then, not pick on others, you know; right? If -- if -- if there was another development that -- Meridian City Council May 7,2024 Page 42 of 83 that's going to hit the same -- the same set of schools I think we do need a consistent approach, but from the perspective of Kuna specifically this letter -- I mean I have a hard time ignoring this letter. Bailey: Council Woman Strader, Mr. Mayor, so the bottom line of that issue there is that in discussions with the Kuna School District they have told other developers and they have told us that if you pay the voluntary fee, then, we will support your project; right? And they would still support these numbers, but those last two paragraphs wouldn't say the same thing. So, if it's your take that we need to get Kuna School district's buy in on this project, then, the -- your answer in getting to yes is that you say, okay, you go satisfy the school district and you get a positive letter from them and, then, we will go negotiate with them on their fees and we will come back with a positive letter from the school district, you can defer us and we will go do that. But that's your -- you're telling us that -- that we need to pay their fees. Their voluntary fees and we will accept that if that's your decision. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I don't believe -- I don't agree with that approach and I in no way intend to tell you to go and pay fees as -- I actually care about the answer which is educating the students. Like that's where I'm coming from and I think we have to assume positive intentions and I assume that the Kuna School District has just been doing their utmost to try to grapple with like an intractable problem that is extremely difficult to solve. So, they have -- they have tried this approach about mitigation fees. I don't want to comment on that one way or another besides that in this application I am not requesting that of you. I just think that how we approach this -- we need to be consistent with this with future development that is similar. It's a really tough one. Thank you. Bailey: Council Woman Strader, Mr. Mayor, that -- I want to repeat that we are sensitive to that and we have worked with the school district and we will continue to do that in -- in a variety of ways; right? And I think they have a way -- they have a solution. There is a way out and we are going to continue to help them -- them work on that. There has to be a way out. We got to -- we got to educate our kids. No doubt. Right? And we are going to keep growing no doubt, you know, whether it's this one or not. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: And I commend you for that. Well, I -- and the developer that you are representing. I think some of the best community partners are the ones that are trying to help solve that problem. So, thank you for that. Meridian City Council May 7,2024 Page 43 of 83 Bailey: Just to add, I have got some significant experience in that area in the Vallivue School District as well and so this is not located here because this is a problem, this is the way he is doing business. Overton: Mr. Mayor? Simison: If I could just add one thing, Councilman Overton. Yeah, I don't know the answer. I meant to ask this question, but didn't. Legislation was just passed where the state is providing funds for facilities. I don't know what the Kuna School District amount is. We have an idea about West Ada's amount is over a ten year period. My guess is what the state is going to provide is more than the development committees have at least provided. The first year will be more than development communities probably provided in the last ten years will be my guess, but I think if -- if we want to ask the Kuna School District to come up and at least comment on what the number is -- two million a year? I don't know what their plans will be. I don't think anyone's figured out how you build with those dollars over a long period of time, but it does weigh into the question, especially as we get into this dialog if the state is starting to provide funding, if cities think is adequate or not to meet the needs, how that plays into the rest of the conversation, you know, because that is something that the legislature, right or wrong or partially or not, has tried to address to help answer some of these questions, so -- Councilman Overton. Overton: Mr. Mayor, I'm going to take a little different tact here. There is people in this room possibly have lived in this state longer than me. I went to school here. My kids went to school here and my grandkids not go to school here and when I moved to this state it had 5,600 people in this city. When I started working for the city it had 9,000 people and we soon became one of the fastest growing cities in the United States since then and our school district has been working to keep up -- having capacity issues for over 30 years. Our roadways have been playing catch up having issues trying to keep up with the growth for over 30 years. Every time we build a subdivision and we get it built and, then, we build one just on the backside of it people do what I expect them to do, which is come in and say I don't want to see that here and, then, we build that one and, then, we build one behind that and, then, those people show up -- we watch this happen over and over again. I would be disappointed if I didn't see residents from The Keep here, because I know what they are going through. I have watched thousands of people in the city go through the same thing. Walk into these Council Chambers and talk about the growth and the problems in our schools, but understand something, the school district does not tell us stop. That was not their message and we did a joint meeting with them. They said we got it. We might be over capacity here and here and here, but we got it. They did not tell us to stop developments in our city and we did not hear that from the Kuna School District. In fact, they were very favorable about you as a developer. Sometimes I see you kind of getting demonized as you are standing there tonight as a matter of timing. But we are going to be going through this again with other developments in this city across this valley through different high schools. The high school will find solutions. They always do. They have been doing this -- I mean there was one high school when I went to school here and now we got high schools all over Meridian City Council May 7,2024 Page 44 of 83 this valley and you don't tell the City of Meridian to stop all building. You don't tell the city of Eagle to stop building. You don't tell the city of Star to stop building or West Boise, because all of those feed into the Meridian School District. We don't go and tell all the developers in Kuna to stop building, because they are at a crunch, but we ask for their feedback, because it's important for us to know. It's also important for them to know so they can plan, because they have to understand as we build what impacts it's going to have on their schools and how dire of an issue it is that they pass their bonds and get some sort of relief in place for the future generations that are coming up, because I don't want my grandchildren in a school that's overcrowded. I was in the biggest high school in the state of Idaho, which was Meridian High School. We were the biggest. We were one of the largest graduating classes ever. There was only one school in this place and we just dealt with it. When my kids went to Mountain View and Centennial, Mountain View was huge. Now we have got additional schools here. We are beating a drum that's been beaten for three decades and I feel for everybody here talking about what the traffic's going to look like and what the growth in our schools is going to look like. And the Millers -- not that I'm going to single out the Millers. I have a pie shaped lot. I have no front yard. I'm all backyard. If anybody ever built behind me would have five or six houses back there. I think it's pretty awesome that the developer went and cut two lots out to reduce the amount of homes you had behind your home. Didn't have to, but he did. I appreciate you doing that. I don't think you are here to upset the applecart. I think you are here to build a good development. You have got low density for what we see with most applications in the city right now and I'm supportive of this. I understand the issues with the schools, but we are not the school and when the schools stand here and tell us we got this, I don't know that it's our place to say, well, we got this and we are going to chew you out because of school capacity. We work with the schools, we work with ACHD, but I don't think we can be the police force for the school district as they are trying to decide where they are going to get increased capacity, if they have to redraw boundaries and how that's going to look in the future. So, I appreciate you doing everything you have. You took a barrage of questions tonight, but at some point we really have to look at how this has been going on for the last 30 years, because it's going to continue. I don't see it slowing down. Everybody likes what we have. We got a great way of life here and I don't blame them for coming. So, thank you very much. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: I don't have a question for the applicant and unless my colleagues have any more questions I would be prepared to make a motion to close the public hearing so we could have some Council discussion on the matter. Mr. Mayor, I make a motion to close the public hearing on File No. H-2023-0050. Cavener: Second. Meridian City Council May 7,2024 Page 45 of 83 Simison: Have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: ALL AYES . Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Just want to share my thoughts. I haven't yet on this. This is a -- I appreciate all the comments that I have heard tonight. Interesting question. What comes first, the infrastructure development or the -- the -- the developments that incentivize the growth out there? This is a really complex question that I don't know that I have a firm opinion on, go back and forth, but I see the -- the value of both, but certainly if there is growth out there school districts -- ACHD, the other entities are going to be looking at the plan that -- the things that are coming online and trying to meet those needs. What's -- in respect to overcrowding of schools, I -- I think there is a missing piece in all of these conversations and that is the state of Idaho has recently adopted open enrollment policies, meaning we have -- you can go to any public school anywhere in the state regardless of your address. There was legislation that was passed two legislative sessions ago. I think it's a bit myopic to differ -- to consider that -- what the circumstances we are looking at today is a circumstance that we are always going to be facing and -- and to think that people are static in their decision making or that they make decisions in a vacuum is I think not real -- realistic, because people make decisions based on lots of circumstances. Charter schools are growing. They are -- they are helping with capacity. I think the last numbers were 33,000 kids in -- in charter schools and it's rapidly growing. That's helping. The -- like I said, the open enrollment laws I think while new I would encourage our school districts to be talking to each other, because I think educating parents on their options makes a lot of sense and that's something that the school district should be doing is when they are having these challenges, hey, there is capacity at a school not far away. I think that's a missing piece of this conversation and I hope that we have been doing that -- we could -- the school districts would be facilitating some productive discussions. The question of is this the project -- the hill we are going to die on in terms of are we going to not be approving developments? You know, David, you mentioned are we going to just stop development. That might be a conversation we should consider if we are there, if we can't -- if we can't meet the infrastructure needs, as Councilman Cavener kind of referred to it with school districts and such, maybe we should just put a pause on this area if we are going to do the development. I think it's unfair to the applicant and the people who have the rights to develop this property to say this is the property in which we are going to have that discussion and we are going to stop it now. They have followed everything we have asked them to do with the Comprehensive Plan. I think it's inappropriate to change the rules of the game in the middle of it. It's not fair. I do think -- believe strongly in people's property rights. Unless you are violating a neighbor's property rights and the right of enjoyment, I don't think it's appropriate to say you can't Meridian City Council May 7,2024 Page 46 of 83 develop something the way you want to. I appreciate the developer being willing to make some accommodations for the Millers. There is some accommodations that can't be made, which I understand, but it's -- it's challenging, but Councilman Overton made a good point, this is not a new discussion. It's not going to go away. To think that we can't accommodate and plan and pivot and work on these challenges ignores decades and decades of experience that's shown that we have -- yeah, these are hard questions, but we have risen to the challenge and we figured it out. State of Idaho has said we are going to start doing more to address these needs. I think too many years insufficient for Kuna. I think Kuna School District is probably one of the more challenging situations in the state of Idaho no doubt, considering the demand for growth out there, and so -- but if you look at the numbers -- let's talk numbers. They are all -- it says 47 students that's spread out across 12 grades, that means we are talking about four kids per grade. Over elementary, middle school, high school -- we are talking to kid -- 1 .3 kids per -- per school per grade that we are talking about. I think we can accommodate that. As far as West Ada, it was 148 kids. I understand we are talking new capacity here, but we are not talking like a deluge of kids that are just going to totally shut down the school district. I don't think that's a realistic thing. I'm not suggesting that these aren't real challenges, but I don't see a compelling reason to say that those are reasons enough for this -- this property or this project to move forward. So, those are just some of my thoughts on that. Again, we are in a really tough spot with this part of Meridian -- south part of Meridian where we have some real big infrastructure needs and I think that's a conversation that needs to be had in terms of holistically what we want to do. But I think it's inappropriate and unfair to the applicant and those who have the rights to develop this property to say this is the property in which we are going to put our foot down. So, that I will be supporting this project. Simison: Thank you. If -- you know, if I could just speak to the infrastructure comment a little bit from -- yeah, there is a couple of us that live in the south and have our perspective. I'm actually going to give ACHD some credit, since Kristy is on the phone. Eagle Road is going to be developed within a half a mile of this property fully to five lanes once they do that intersection before this project ever probably gets its first building permit issued if it is approved. They have done a phenomenal job in south Meridian in providing the general road infrastructure. While I'm not necessarily proud of all the roads they built, Eagle and Amity roundabout, as an example, but they still have actually created a pretty good network of connection in south Meridian, along with our development community, where you do have, you know, Eagle and Meridian, which is going to be improved all the way across. So, I think we put in a park. We put in the fire station. We have road improvements that have been significantly invested by the development and/or ACHD and are coming. Compare that to Black Cat in north Meridian. The infrastructure in south Meridian is really really good compared to a lot of other growing parts of our community. Not to speak about the schools. Not going to speak -- but at least I -- I personally think infrastructure is there. It is an area where we have said is a growth priority area. That being said, every application needs to be viewed on its merits for what it impacts and how it impacts other things, but ACHD has actually gotten I think ahead of the game in this area in terms of road infrastructure, more so than other parts of our community, which would -- I guarantee would love us to Meridian City Council May 7,2024 Page 47 of 83 go re-divert those road projects, help see some widenings occur in areas which are already built out on both sides of the roads for several miles that don't have the infrastructure that Eagle Road currently provides. It's going to change. We know that. The entrance and exits will be easier or harder. I don't know which. I thought I was never going to get out of my house with a roundabout on Eagle Road. I can get out anytime I want now. So, we will put a light. But the point being infrastructure changes when you don't really realize what you are going to get and how it's going to impact and ACHD has done a good job in south Meridian with that in my opinion. So, those are my comments on infrastructure. Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: Mr. Mayor, I would concur with your comments. I live in south Meridian and 27 years trying to get out onto Overland Road and now that Locust Grove is five lanes and we have also -- hasn't been that long, believe it or not, since we got the overpass on Locust Grove and so we are always seeing positive changes in that area, but we are also a very fiscally conservative state and city and county and so we will not build it before it's needed. So, we are seeing it as it's done, but we -- things get a little tight before things happen most of the time and so I think we will see it continuing to improve, but not before things do get a little tight before the changes happen. But it is in process and so I will be voting for this. I think that the developer has done a really good job with what we have asked them, as well as staying within our constraints regarding the FLUM and -- and what is required. We are growing and -- and I think we are doing the best we can to manage and maintain our community within that growth. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Not to -- if there is any other Council Members that would like to make comments I don't want to be ahead of them, but I would be prepared to make a motion at this point. Okay? Mr. Mayor, I move -- after considering all staff and public testimony I move to approve File No. H-2023-0050. Overton: Second. Simison: Have a motion and a second to approve Item H-2023-0050. Is there discussion on the motion? Cavener: Mr. Mayor? Allen: Mr. Mayor? Simison: Councilman Cavener first. Meridian City Council May 7,2024 Page 48 of 83 Cavener: I always like to defer to staff, but -- all right. Those of you know -- don't know me know that I have such love for local government. I love that we wrestle with these issues and it's not good guys and bad guys, it's just differing perspectives and I appreciate hearing from all of my -- my colleagues tonight. There was an application across the street from this that I opposed a few weeks ago for the same reasons I'm going to be opposing this tonight. There is two kinds of things that have sat in the back of my head this evening and I'm going to talk a little bit about fairness. We heard a little bit of discussion about fairness tonight and for me fairness is making sure that our students have desks to sit in and lunch tables to sit at and access to libraries. We are too good of a community not be able to let that be for our students. Council Member Overton brought up a really good point about growth. I went to three different elementary schools without ever moving because of growth and rode a bus from Cherry Lane and Locust to Chinden and Cloverdale to sit in a classroom with 33 kids in a portable. Not ideal. Difference was, though, at least at that point in time our community really supported bonds for the schools and I think that season has come to an end and so if -- if we as a body are not going to be more critical about the impact of housing on our schools and on our roads, recognizing that our community has to deal with the growth of Star and Eagle and Boise and Canyon county, all of which are in the West Ada, we are going to start creating some really really big challenges not just at Mountain View and not just at Rocky, but we are going to see that spill over to Meridian and Centennial and our elementary schools. So, I am opposed to this tonight. I think this is generating too many students to a school that cannot handle it. We know West Ada can't say that they can't handle it. I applaud Kuna for being more bold about it. Ultimately for this application the students that are going to go to a Kuna school are going into this eyes wide open; right? They know what they are getting into when they move into this neighborhood to going in -- these 42 students will go to a school that they know is over capacity. I'm not thinking about the students that this neighborhood is going to generate, I'm thinking about the students that are already in the school. Schools that are full because maybe our Council made less disciplined decisions in the past and we have generated too many people and so I'm going to be very critical about any housing development that generates an abundance of students into schools that can't handle it. So, I was opposed to this weeks ago. I asked the applicant a question, again, if he would be opposed. He said at the time he was. He has changed his mind. That's okay. We are all -- all free to change your mind on issues. But I want to do what's fair for the students and I don't think that this development is going to be fair for the students in Meridian. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. Just to explain my perspective, I think it's pretty similar to Councilman Cavener's. I think the difference for me is -- and, again, ultimately I would have to trust my fellow agencies and government; right? At some point. So, if West Ada's approach is we have these tools, this is how we are going to handle growth, I have to trust them that -- that that is the case. I can't second guess the West Ada School District and try to Meridian City Council May 7,2024 Page 49 of 83 do their job for them, but, similarly, you know, I'm not going to disregard the letter from the Kuna School District when their testimony tonight was that they don't have the same tools available. It seems like a pretty severe situation. I -- I appreciate the developer's testimony regarding the potential flaws in that school district's approach with mitigation fees and different conclusions. You know, I'm not a judge sitting up here that's seen that, you know, or that can provide I guess feedback on that approach. I haven't seen that, but, again, it's not that often that we are interacting with the Kuna School District. At the end of the day if I have an agency saying our ten year plan is totally dependent on passing, you know, bonds or levies, the legislature's funding for facility needs is totally inadequate, that they don't have the ability to do portables, that they don't have the same capacity and they don't have the ability to redraw boundaries to the same extent that West Ada does. I think there is a difference there and so for me any development that borders the Kuna School District I'm going to have to take a pretty consistent approach with that being problematic at this time. I also feel for all students within the West Ada School District that are experiencing overcrowding and I don't necessarily agree with the approach that West Ada has taken. I think they should be bolder if they need something from us. But, again, we have asked that question like five times and we keep getting the same answer. So, that's where I'm at tonight. I'm a no on this one. I think that we should be consistent in this approach -- at least I will be from a decision-making standpoint with any residential development that would utilize the Kuna School District and, then, if West Ada, you know, provided me similar feedback I would have to take that into account, but they haven't. So, that's where I'm at tonight, just to help kind of explain my decision-making criteria. I applaud the developer for -- it looks like it's going to go your way, but we will see. I appreciate your flexibility in trying to redraw -- you know, removing two lots, et cetera. I think that helped a lot. I don't think this is like a hugely dense development, but, again, it's -- I do consider schools critical infrastructure. It's an important decision-making criteria for me, something that I won't be able to ignore. Thank you. Simison: Is there further discussion on the motion? Okay. Allen: Mr. Mayor, if I may? Simison: Yes, Sonya. Allen: Just wanted to remind the Council to take action one way or the other on the applicant's request to leave the Farr Lateral open and not pipe it. Thank you. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: I would make -- I would restate the motion if needed, but given that it's written in the -- it's in here I -- would it be assumed that we are doing -- or do we need to state it? Maybe that's for Bill Nary. Would you like to have it stated -- my motion? Meridian City Council May 7,2024 Page 50 of 83 Allen: The applicant is making the request, so if you can take action on it that would be great. Thank you. Taylor: Okay. Mr. Mayor? Simison: Councilman Taylor. Taylor: Withdraw my original motion to make another motion. Am I doing this correctly? Procedurally do I need to withdraw that motion? Simison: You don't need to. Just --just -- Taylor: It will be okay? All right. I'm going to restate the motion then. I move that we approve File No. H-2023-0050 with the condition that we waive UDC 11-3A-6B.3A to allow the Farr Lateral to remain open as a linear open space and not be piped. Overton: Second agrees. Simison: Second agrees with the change. Is there further discussion? If not, clerk will call the roll. Roll Call: Cavener, nay; Strader, nay; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: Ayes are three. No's are two. And the item is agreed to. Thank you for everyone coming out. I would encourage the school districts to get together, because I think ultimately when this is built having the kids go to the same school, if possible, is great for neighborhood continuity. It may take a little bit of work with West Ada, but I encourage you to do so to help figure that out and maybe that will be the solution for you all as a better way to help address the issue, so -- thank you. MOTION CARRIED: THREE AYES. TWO NAYS. Simison: We are going to take a recess. We will reconvene at 8:45. (Recess: 8:29 p.m. to 8:45 p.m.) 22. Public Hearing for Cityside Storage (H-2023-0058) by Peter Stuhlreyer, Designhaus Architecture, LLC., located at 2755 N. Eagle Rd. A. Request: Conditional Use Permit to allow for a 4-story self-storage facility and increase the building square footage from 32,500 to 135,000 on 2.08 acres of land in the C-G zoning district. Meridian City Council May 7,2024 Page 51 of 83 B. Request: Development Agreement Modification to modify the existing Development Agreement to allow a 4-story self-storage facility and increase the building square Simison: All right. Council, we will go ahead and come on back from recess. It is 8:45 by the clock on the computer. So, with that we will move on to Item 22, which is a public hearing for Cityside Storage, H-2023-0058. We will open this public hearing with staff comments. Good evening, Linda. Ritter: Good evening. Good evening, Mayor and Council. I'm Linda Ritter, associate planner. So, tonight we are here because the applicant is requesting a conditional use permit and a DA modification to construct a 54.5 foot, four story, 135,000 square foot self-storage facility contained in 777 units and 15 exterior drive-up self-service storage units and a climate controlled structure for a total of 792 units with a built-in footprint of 32,500 square feet on 2.08 acres of land, zoned C-G, located at 2755 North Eagle Road. Access to the site is from the existing private road, North Cajun Lane, via Ustick Road or East Seville Lane from North Eagle Road. There is no direct access -- access to the property from North Eagle Road. There is a total of eight parking spaces that are proposed, exceeding the UDC minimum standards as parking is based on the square footage of the office space, which is 862 square feet. There is an existing 20 foot landscape buffer with a ten foot detached sidewalk along North Eagle Road. The property owner is proposing an additional ten feet of landscaping along North Eagle Road, which shall be installed per the standards listed in the UDC. A 25 foot wide buffer is required for residential land use to the west as set forth in the UDC. There is an existing landscaping along the multi-use pathway along the southern property boundary, which was installed with the previous development. There are no existing trees on the site and the landscaping along the pathway, which was not -- which will -- it will not be removed and it will be protected during construction. Per the Parks Department multi- use pathways already exists in the area. No additional pathways are required for this project. Pedestrian lighting along Eagle Road is being required with this development and shall meet the requirements of the UDC post Iuminaire. Historical type lighting per the Meridian city standard specifications will be installed and the height shall be 14 feet. Conceptual building elevations were submitted for this proposed structure. Building materials consists of metal panels and stone pattern tiles. Final design is required to comply with the design standards in the architectural standard manual and the recorded agreement. The site plan depicts full stucco walls enclosing the property as fencing for this project. There is an existing development agreement on this property, which only allows uses such as retail, restaurant and office. A storage facility is not considered office, nor retail, as UDC 11-1A-1 defines retail as following: The use of a site that offers merchandise to the public for monetary compensation. The uses include, but it's not limited to, convenient stores, food stores, apparel and accessory stores. Both computers and music stores, electronics and appliances, floors, furniture, home furnishings, general merchandise stores, health and personal care stores, hobby, office supplies, stationery, gift stores, specialty stores, sporting goods and used merchandise stores. And the existing DA also has a maximum square footage of one single building and the C-G portion of the project that shall not exceed 32,500 square feet. The Meridian City Council May 7,2024 Page 52 of 83 applicant's request is almost four times the square footage for the proposed storage facility than allotted to the existing commercial businesses within this subdivision. The new DA that is being proposed will include the addition of storage facility as use will increase the building's square footage to 1,003 -- 135,000 square feet with a building footprint of 32,500 square feet. Staff is recommending the applicant to enter into this new agreement as there are too many owners subject to the previous disagreement. The new DA should also include the parcel number R9 -- R0945580265, along with the revised concept plans and commercial office building elevations showing feature development of this parcel. A provision in the new DA will limit the heights of all the buildings to a maximum of 35 feet and this was provided to the staff 15 days before this hearing. This is the location of the property. These are the residential units and this is the commercial area in front of the residential units. And this is just a plan showing the zoning in the area. So, the comparison tables here showing the height of the existing buildings in the area is a value tool for assessing the proposed development's impact on the neighborhood visual harmony and overall character. A 64 percent increase in height compared to the tallest buildings in the immediate area is a significant difference that warrants careful consideration. The applicant's request is almost four times the square footage of the proposed storage that is allotted in the commercial business within this subdivision and the applicant stated the scale of the building makes the project more economically feasible and the high cost of land can be spread across more units. The applicant also stated that the proposed height of 54.5 feet conforms with the existence C-G zoning allowance of 65 feet, which was a significant consideration in the developer's decision to purchase the land. Although the applicant has put forth several arguments in favor of the proposed location and building scale, emphasize -- emphasizing the transition with existing residential areas, economic feasibility and adherence to zoning regulations, it is important to remember there is an existing development agreement that regulates the uses and square footage of buildings on the property. It is also crucial to consider the visual and architectural harmony within the surrounding context. So, this picture right here provides a snapshot of the height difference for the existing structures and the proposed self-storage facility. As you can see -- I think is Discount Tire that's here -- has a built in height of 26 feet and this is the proposed building of 54.5 feet. Staff feels that the proposed height will not be harm -- harm -- harmonious with adjacent residential and commercial uses and will negatively impact these uses, as it may lead to overshadow -- overshadowing of neighboring structures or altering the character of the area, which are a concern. So, for the visual impacts the disproportionate height of the building may disrupt the visual harmony of the surrounding area. It could be -- it could potentially create an eyesore or clash with the existing aesthetics. The overshadowing the height of the proposed building might cast shadows over the neighboring infrastructure, impacting the natural light and potentially their functionality. The character of the area. The proposed development may alter the character of the neighborhood or area maintaining compatibility with existing structures is crucial for preserving the overall aesthetics and functionality of the neighborhood. So, staff feels that the proposed storage facility -- it would meet the dimensional standards for the setbacks, landscape buffers and parking requirements. However, the existing development agreement does not allow storage facilities -- facilities as a use within -- without an amendment and there is a staff report that was done in 2006 by the original Meridian City Council May 7,2024 Page 53 of 83 owner in which staff stated a development agreement is necessary due to the close proximity of the existing and future residential uses to ensure that the property is developed in a fashion that is consistent with the Comprehensive Plan design and does not negatively impact nearby projects. The language in the development agreement for the maximum square footage was proposed by the developer at the time for the Bienville Square Subdivision and, again, although the maximum height for the C-G zoning district is 65 feet, the development agreement limits the maximum square footage of a single building to 32,500 square feet. Staff finds that the proposed storage unit, if approved at the requested height and square footage, would not mean compatibility with the existing structure, which is crucial not only for the aesthetics, but also for the functional integration of the new development and the community. So, staff recommends that the building height not exceed 35 feet in height, which is consistent with the adjacent structures in the area. Staff is not opposed to additional square footage as long as the applicant keeps the structure at 35 feet in height. So, there was -- there were five written testimonies in support of the project as proposed and one in support with a maximum height of 48 -- 48 feet. Again, staff is recommending approval of the proposed modification to the development agreement and conditional use permit subject to the conditions and findings outlined in the staff report. So, at this time I will stand for any questions you might have. Simison: Thank you, Linda. Council, any questions for staff? Okay. Would the applicant like to come forward. Wardle: Mr. Mayor, Members of Council, Geoff Wardle. My address is 251 East Front, Boise. Suite 310. With Clark Wardle. And you get both Hethe and I here tonight. I'm here on behalf of the applicant and I just want to let you know this application involves no silos, no school children and no ACHD roadways. So, if we can just pull up my presentation. We appreciate the opportunity to be here with you tonight. My client -- my client is here, Mr. Hosac, who represents both the owner and the developer of the application and we agree with staff, except for the fact that this application is about the use, the height and the mass, and I have had the conversation with Mr. Nary repeatedly over the years about the City of Meridian's development agreement application process and this is a prime example. I think when the development agreement was done in 2006 everybody was way too loose on what was the use, just to have this phrase retail, restaurant or office, without actually matching what was in the UDC and the other problem becomes one of site plans. So, we are going to move through this because I know that time is a precious commodity. So, the design team has put a lot of effort into this application and has done a lot of work and it is impressive -- and I appreciate my client's work with his neighbors for the fact that you have nothing but positive comments from the property owners and the HOAs in the immediate vicinity and specific design elements were undertaken to address and minimize the concerns. Fundamentally, our objection with staff's response and staff's height concern is that the standards that staff articulates with respect to visual, with respect to shadows, with respect to height and impact on the neighborhood, A, are divorced from the original 2006 development agreement and, B, have no basis in our code. If the City of Meridian wants us to look at the issues of shadow due to height there was a mechanism to do that, to adopt a Meridian City Council May 7,2024 Page 54 of 83 standard and make it something that is objective. That's not what we are faced with here tonight. So, our request is to approve the DA modification, approve the conditional use permit, approve the site plan as we proposed, approve our height at 48 feet with an allowance for necessary architectural features to comply with the design standards of Meridian City Code and approve the design with the massing proposed. So, staff indicated that this is part of the -- the Bienville development agreement from 2006, southwest corner of Ustick and Eagle Road on the west side. The application before you tonight involves two parcels owned by my client, but the CUP is the southern one, the -- the somewhat uniquely shaped parcel there on the south. To the south is an existing drain and an existing park pathway with a significant setback to be on annexed properties to the south. Now, access is solely from Seville and Cajun to the site, so we don't have any other public streets to worry about. The property is currently zoned C-G and service commercial is our larger scale and broadest mix of retail, office, service and light industrial uses. That is the purpose of the C-G zone. That determination was made when the Bienville Subdivision was annexed and the development agreement adopted. It has a maximum height of 65 feet under our code and you will see in a moment that the development agreement acknowledged a 65 foot height limit in the C-G zone. The future land use map, more importantly, is mixed use regional, which also is an intensive use contemplating a mixture of uses that were satisfied originally with the Bienville application, with the integration of medium and high density residential, plus commercial fronting Eagle. The mixed use regional is all of the Eagle corridor and it's intended to be that type of use. So, you have seen the site plan. What is proposed is a four story conditioned storage facility that is L-shaped, that is placed up on the northern boundary up against the northern border, which is where Discount Tire is and allayed across Eagle Road. We initially proposed 55 feet. Staff insisted on 35 feet. I note that the C-G zone permits 65 feet and at Planning and Zoning, after much conversation amongst the commissioners, plus neighbor who commented, plus my client, 48 feet is appropriate if we have the ability to work with the necessary architectural modulation above 48 feet. But much like you have heard tonight on some of the residential applications, it's important to let our comp plan and our zoning ordinance work together and support the type of development that applicants can look at the map and go we can build X in this location. This is a commercial use with a 65 foot height requirement. So, staff relies on this text from the Comprehensive Plan and we don't disagree that uses should minimize conflict and that there should be compatibility, but I think the question that's being posed by staff is wrong on the issue of compatibility. The compatibility decision was made when eight acres of C-G zoned property on Eagle Road were integrated into the larger mixed use Bienville Subdivision many years ago and to assert that the height is appropriate -- I don't like fighting with your staff. I know people think that's what I do and that's how I get paid. I really don't. value staff. But there is absolutely no basis under the Meridian UDC or the Meridian Comprehensive Plan for the type of analysis that staff insists that we satisfy here. This is the type of analysis that you see being utilized in larger jurisdictions that want to oppose any type of development by insisting that we do shade studies and that we do evaluations of visual acuity. That's not what we do in Idaho. You don't have a right to have view. We do have an obligation to comply with design standards and the important thing is that the next two policies in the comp plan tell us what to do to meet Meridian City Council May 7,2024 Page 55 of 83 that and we looked at site development, we looked at site selection. We have looked at how we landscaped and provide buffers and setbacks. That's how we ensure compatibility. We don't do it by just arbitrarily going, well, under the current DA you have the right to build the 65 feet, but if you want a modification you are going to have to lower it 30 feet and give that right up. So, what do we know? The mixed use regional contemplates intensive use and this is a use that is totally compatible with the existing zoning and the Comprehensive Plan. The C-G zone permits intense development and contemplates heights up to 65 feet. Now, what do we know from the Bienville Square development agreement in 2007? Well, first we know that when the property was annexed that there were three parcels that were zoned as a result of that. There was a C-G portion, an R-8 and an R-15 and that a conditional use permit was required at that time, because having a mixed use required a conditional use permit. have no qualms about coming in front of you with a conditional use permit for a slightly more intensive commercial use because that's appropriate. But I do disagree with the assessment that this wasn't considered and that this is a significant deviation from what was originally improved, because, in fact, the original Bienville application acknowledged that the C-G elements were largely to be determined, including height and massing. As we go through the Bienville DA we note that when it talked about the nonresidential square footage it said to be determined, 44,000 square feet shown. Proposed building heights were to be the C-G limit and the percentage of the site coverage or floor area ratio or massing of the building was not defined in the development agreement. All contemplated returning with a more refined site plan and application. We also know that the Bienville Square DA defined the transition, that you put C-G zoning out on Eagle Road. You had R-15 as a buffer to the more intensive -- to the less intensive residential development to the south, to the commercial uses and to the others. We also know that the CUP was required to construct retail, restaurant and office uses and that I don't think -- I think if we look back to 2007, Mr. Nary, I don't think any of us would do a DA with that description of uses. So, the transition was adopted and addressed in the original DA by designating this property as C-G and having it buffered by R-15. Now, the R-15 site plan is interesting, because here is the site plan, it shows the R-15 there in the middle, and what it shows is it contemplated that those R- 15 units would be townhouses that were alley loaded and oriented towards the resident -- to their -- the commercial property, with two large office buildings potentially on the corner there. That's not what actually developed and we will get to that in a moment. But what I want us to really note is that when we look at this zoning, when we look at the Comprehensive Plan analysis, how has the city evaluated it? Well, immediately across the street, across Eagle Road, with identical zoning and identical land use designations, adjacent to identical residential zoning as we have here, the city has had no qualms approving multiple applications that have the type of height or more than what we are talking about. We have seen applications for 40 feet in height approved, which were, then, modified to 41 feet and four stories. We have seen applications approved with 45 feet and four stories immediately across the street from less intense residential. We have seen 49 foot multi-family approvals that are immediately across the street from low density residential and on Eagle Road itself we have an approved similar use that proposed the building height of 42 to 50 feet for a similar storage product that they came back and asked you to modify the multi-family and that was Meridian City Council May 7,2024 Page 56 of 83 rejected. So, this body has repeatedly approved site plans and development agreements that have had the type of height and massing that we are asking for. Same land use designation, same zone, same proximity to residential zones, similar height. So, how do you address the impact? Well, you address it through buffering, screening, transitional densities, site design practices, your vegetation, your berms, your other elements. We have done that. We have oriented towards the arterial. We have pushed the mass of the building away from the residential development. We have used a use that's compatible with the parking and access limitations that exist on this site. We have paid attention to minimize the mass by breaking it up in an L-shape and pushing it out towards Eagle Road. We have located it to be compatible with adjoining us. How do we know that? Well, when we look at the site I would direct your attention to Cajun. Those are the townhouses that staff has expressed concern about this project overshadowing. Those townhouses were revised from what was in the site plan, so that the front of those face an internal MEW. This is Cajun and they all take access with their garages off Cajun, functioning much like an alley. What you don't see there are living room windows, bedroom windows, any type of active space oriented towards Cajun. Why not? Because Cajun sits 350 feet off of Eagle Road. That's not where we want people to be oriented and focused. My client has taken attention to that, has designed a buffer and designed the setback with landscaping and other elements that are required. There you can see the original design with the office buildings and with those Cajun townhouses, which have now been reversed. Thus the design elements that have gone through from the 2007 implementation of this development agreement all focus on the reality that this was intended to be an intensive use. The properties to the south are not a concern either, because you already have the buffer staff described, plus you have larger lots with mature landscaping. To address that my client has indicated we will construct the requisite wall with the requisite landscaping and this middle image right here shows what that looks like from one of those properties on the south, one of the larger lot unannexed properties. So, Discount Tire, yes, is 26 feet high, but it's not impacted by this as we are setting it farther back. Height is like density. We plan for it. We provide for it. We show up at public hearings and we get told there is too much of it, even though it's compliant with what is there. And when we give mass up you never get it back and, then, we end up with sprawl and we end up with all the other things that we are concerned about, because we give in and we take that off the table. You have a code that says C-G permits 65 feet. You have a development agreement that says it permits 65 feet. We are not looking for 65 feet, we are looking for 48. Now, I'm normally -- you know, you have all -- many of you have seen me many nights and you know that generally when it comes to applications I will just bulldoze neighbors. My client did not do that in this case. My client has spent years working with the adjoining property owners and this is the result of that. We one hundred percent unanimously approve. We support the project. We support a height of 48 feet. I support the proposed project. Our HOA supports the project as proposed. Therefore, our ask. Approve the DA modification. Approve the conditional use permit. Grant us a height of 48 feet, plus whatever you feel is appropriate so we can have the necessary architectural interest that's required under your development code. Approve the design with the massing and site plan has approved. And I stand for any questions. Meridian City Council May 7,2024 Page 57 of 83 Simison: Thank you. Council, any questions for the applicant? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. Just -- when your client acquired this property as part of the due diligence process were they aware of and reviewed the existing development agreement? Wardle: Mr. Mayor, Commissioner Strader, absolutely. My client's sophisticated, aware of that development agreement, also aware of the fact that the original development agreement left a lot of issues up in the air that would be addressed and need to be addressed in future applications. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Plus necessary architectural features. Help me understand that. What kind of architectural features are we talking about? How big are they? Wardle: How much modulation of -- Mr. Mayor, commission -- Council Woman Strader. It's how much modulation do you want over the roof deck? I mean that's -- that's ultimately the question. We would like four stories. Would like a top roof level of 48 feet, but we know that there needs to be additional architectural attention, modifications and details that address the requirements of your code. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I assume if you have gotten to this point in the process, though, you at least have plans or an idea of what architectural features you are proposing; right? I see renderings. So, what -- help me understand how -- what you have proposed exceeds 48 feet and where and by how much. Wardle: Mr. Mayor, Council Members Strader -- if I can go back. This is an early rendering, but you did have the elevations that staff showed you, that there is modulation, that we are not talking about straight flat walls. You can address that type of screening. We can address that type of modulation. We can address a parapet height. But I just wanted to be clear, because far too often when we have conversations about height and what the roof height is, we need to also address what your screening requirements are above that parapet. So, if you want to say, you know, 24 inches above the elevation of the roof at 48 feet with, you know, multiple changes in plane, that's totally understandable and we can do that. If you are telling us that we can't put Meridian City Council May 7,2024 Page 58 of 83 mechanical equipment on -- above 48 feet, even if we screen it we need to know and understand that. Strader: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Well, it's nice having you here. It gets me energized after a long meeting. Appreciate your passion. What's the maximum height you are proposing? Wardle: Mr. Mayor, Council Member Cavener, our ask is 48 feet, with 36 inches -- 36 inches? Thirty-six inches for screening and parapet. Cavener: Mr. Mayor? Simison: That's 51 for those that aren't good at math. Cavener: You answered my question for me. Thank you, Mr. Mayor. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Mr. Wardle, it sounded like you accommodated some neighbors to bring the height down. Did you lose a story, a layer of development there or where did you lose that or -- help we understand that kind of reduction. Wardle: Mr. Mayor, Council Member Taylor, this is where I'm going to ask my client up, because I don't understand conditioned storage. Simison: Just state your name for the record, please. Hosac: Ken Hosac. 3676 North Harbor Lane in Boise. And, yeah, on the -- in terms of the neighbors, we had -- in the staff report they had said 35 feet. So, we came into the meeting with -- trying to get it as low as possible and so in the meeting we proposed a -- a compromise of 48 feet. Public testimony -- there was a -- a woman that testified that she did not -- she opposed the project height of 54.5. We round up to 55. At the end of the meeting she came up to me and said I will support 48 feet and she -- she is right across the street -- one of the townhomes she owns and so that's where that came from. And in terms of modulation, this does not have to be uniform around the entire building. I think there is certain treatments we might elect to do together with staff as we work through this to have more modulation on the side of Eagle Road where it's not sensitive to that residential transition and perhaps try to do less on the back, because, you know, if we are 45 and the townhomes are 35, you know, we don't want to add, you Meridian City Council May 7,2024 Page 59 of 83 know, too much more above the 45 next to the townhomes. But at 35 you could actually stand on the roof of the townhomes and look down on the roof of the 35 foot self- storage, if that were the case and I want to also add that Planning and Zoning, when they addressed this issue of height, their specific thing -- they basically modified the staff report in their recommendation and said that it would be less -- they approve less than 54.5 subject to this discussion at City Council. Taylor: Mr. Mayor, a quick follow up? Simison: Yes. Taylor: Just in terms of the design structure, I think, if I remember correctly, I was reading in the Planning and Zoning meeting minutes that -- to make this property pencil out you needed the height and the mass to get as many units in there in terms of making the financials work. What's -- what are you looking at rent per square foot on this? There is like a dollar like 90 cents a square foot, $1.50 a square foot? Do you have any rent projections? Hosac: Yeah. So, market right now in -- the market is softening for self storage right now. So, I think -- but it was -- it's not necessarily the height that drives the financial model and I have a massive pro forma that 60 is -- excel spreadsheets. It's -- it's the number of stories and so what we are -- what we really need to do is just maximize the stories. But in terms of revenue -- right now I had a financial analyst that did a market study who said it would be $1.32 a square foot and -- and right now that's going down in Boise, but I think by the time that this gets built -- let's say we start in spring of '25, which would probably be the earliest we would be able to do it based on interest rates and other considerations. We would finish the project in spring of '26 and, then, it's three years of stabilization. So, we really -- probably in the first three years of stabilization the market rates would be a little bit less to stabilize it to fill up the project. Taylor: Right. Because if I -- quick follow up. I think, you know, a lot of the market rent right now -- if you look around it's about a dollar a square foot for a lot of stuff, give or take five or ten cents, from what I have seen currently on the market rate rents and if you have got about a hundred thousand people or so within three -- three square miles of a storage unit it's going to take, what, three to four years on average to maybe fully lease it up. So, do you think -- because my question is kind of on the financial side, making it pencil out, because I like that it's more dense. I don't like storage units that take up, you know, three or four acres or whatever and so I think it's -- I think it's a product that's needed and seeing it a little bit more in the valley I think is a good thing. But my -- just in concerns of where interest rates are, it is softening. There is a lot of self-storage that's coming online. The market rate -- you know, $1.30 per square foot is kind of high considering some of the other ones close by around 90 cents or a dollar a square foot. Obviously, we are looking at several years down the road before that comes to fruition, but are you comfortable with the financials of this project, that it's -- you are not going to be left with a building built, but not fully -- you know -- Meridian City Council May 7,2024 Page 60 of 83 Hosac: I'm putting my own money on this, so I'm very comfortable. One thing about self-storage -- and, you know, offline I will tell you how I ended up selecting self-storage. That wasn't what I really went into. I was trying to do office, retail or residential, but without access to Eagle Road it's not feasible. But in storage, as I have been learning this over the last three years, there are -- there is street rates and in-place rates and so what you are seeing in terms of rates are the offering rates that storage units are putting on their website and, then, they are getting people in there for one or two and, then, raising the rents and what you don't know is what the in-place rents are and there is a company called RD Matrix that just did a -- you know, an hour long market analysis of this and I was paying very very close attention, but a lot of times those teaser rates or those street rates are 40, 50, 60 percent below the in-place rates and so when I do my pro forma I have to be very careful to reflect the street rates for a portion of that stabilization, but the value of the building is based on in-place and it's a lot higher. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Look through the renderings again, so we can see the different perspectives. Hosac: I think we need to switch to staff's -- Strader: Linda, is that possible, please? Thank you. Ritter: So, Mayor, Council Woman Strader, which one did you want to see? Strader: Just to -- can you just spin through them really quick? Particularly I'm curious about the view from Eagle Road and, then, the view from the back from where the townhomes are. Simison: While that's being pulled up, play stump the chump. If you know. What's our zoning height for single family residential? Any idea? Wardle: Mr. Mayor, Council Members, it depends on your zone. The R-15 here, when it was originally approved with these townhouses, the DA provided and contemplated a 40 foot height, but I think in most of the residential zones that are less intensive than the R- 15 it's 35 feet. Simison: That's what I assumed. I think, you know, from that standpoint. And modulation within -- between a one story and it's -- well, in my immediate area we have three homes which are two or three story and one home which is one story. My guess it maxes out at 17 roof pitch, because pretty square, pretty flat roof. I'm guessing at worse 18 to 19 feet difference within our residential zone, which is not uncommon. I don't know about the exact building, some go higher, some go lower, but just want to get some perspective that residential -- single family residential zone use is unusual. Meridian City Council May 7,2024 Page 61 of 83 Wardle: So, Mr. Mayor, Council Member Strader, I think here is your site plan with -- okay. With your site plan. The one with Discount Tire in the upper right is what that looks like from Eagle Road and that's the facade that has the most significant modulation of the facade, most significant modulation of the height. In this -- the picture that is in the -- below that in the lower right-hand corner, that is from the southwest corner of the site looking back from the intersection of Cajun and the other road that goes to the south and so you see the -- the wall, the fencing that we have proposed there, as well as the landscaping and that's the existing path. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: So, what view is the lower left-hand side then? Is that from Eagle or -- Wardle: Mr. Mayor, Council Member Strader, that lower left-hand side -- that is from Eagle where the pathway comes out on the south side of the existing drain. Simison: Council, additional questions for the applicant? Okay. Thank you very much. Wardle: Thank you. Mr. Clerk, do we have anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, yes. And I apologize if I mispronounce it. Jeff Vrba. Simison: Good evening. If you could state your name and address for the record. Vrba: Good evening. My name is Jeff Vrba. I live at 3005 North Leblanc Way in Meridian, Idaho. And that's just part of the -- just south or east of Venable there, so it's in the single family homes that are over there. Overall we are happy that something might be going into that area there. I personally am happy something's going in there. But the problem I have is if you get down to Eagle Road -- just drive down Eagle Road, all of the buildings we have that are on Eagle Road are within 20 feet from Eagle Road with the sidewalk and everything else -- are all single story buildings or maximum two story buildings, except for two that I saw from Eagle -- from the interstate all the way down to where this facility is being proposed and that was Portico and there was another water -- Water Rock and Water Creek Hotel -- or long-term stay, that's the only two buildings that are on Eagle Road that's over 35 feet tall. I am against the 35 -- I want to try to keep it around 35 feet if they put it in there. The 40 to the 48 feet, plus or minus a little bit, because of everything else going in, how are we going to maintain that? They are going to say, well, we need the extra to cover up the stuff, so it might end up being 52, 53, 54 feet and to be able to check that all the other buildings they were talking about with the other apartment complexes that were multiple stories, three, four stories tall, they are all off of Eagle Road. They are further back, over a hundred feet back from Eagle Road. They want to put theirs within 25, 30 feet from Eagle Road. So, that's going to be a solid wall. The landscaping, yes, looks nice there with the Meridian City Council May 7,2024 Page 62 of 83 renderings, but the buildings and plants they are going to be planting at that time are not going to be the tall plants that they are looking there. They are going to be shorter plants. So, you are going to look at nothing but wall -- a flat wall going up there and that's where my main concern is. The aesthetics driving down Eagle Road -- I got to drive there two times every day, six days a week. I like to look out when I'm driving, see some of the trees, see some of the bushes. You look at the facility of -- my mind just went blank. You got the Blue Cross right there and right across the street from Blue Cross they have got a lot of beautiful landscaping out in front that are blocking your view of the buildings. If they could do that I would be all for -- a hundred percent for that building going in there, but right now with it being proposed at that height that they are trying to request and more of a solid wall on Eagle Road, I'm against it for that reason. Thank you. Simison: Thank you. Council, any questions? Vrba: Thank you. Johnson: That's all, Mr. Mayor. Simison: Okay. Is there anybody else who would like -- let's -- we are going to go through the public testimony. Johnson: Mr. Mayor, Mr. Hosac did sign in a maybe. Simison: Okay. All right. Council, would -- he will -- he will wait with you for closing? Okay. Is there anybody else from the audience who would like to come forward and provide testimony on this item? Or if you are online use the raise your hand feature. Ma'am, want to come forward. State your name and address for the record. Ure: I'm Cheri Ure. 232 -- you know my address. Simison: No, we don't. Ure: 23 -- what is my address? 2343 East Skokie Court, Eagle, Idaho. 83616. Simison: Thank you. Uri: The Hosacs have such an amazing reputation and they do beautiful, beautiful things. Like I love -- everyone wants to look at beautiful things when they drive down the road. I wish I was looking at the ocean when I drove down the road. Like that's so silly. This development is great and I -- we have lived here a long time. My children grew up here. We cry when we see things being gone on Star Road. Like I love all of that -- and I love the heart of that and the people, but like it's so much better here. Everything is so much better here because we have developed and grown and I just wish the community would stop crying about things changing. It's wonderful. And -- and it's sad. It's sad. I'm sad for a lot of things that aren't here anymore, but these are Meridian City Council May 7,2024 Page 63 of 83 reputable -- these are great people. They have done great work all over Boise, all over everywhere, and -- and I just think you guys need to be at peace with what's coming and not worry about bushes. We have reputable great people. They need to be considered more than landscaping and the people you are working with are amazing and that's valued. Thank you. Simison: Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Ma'am, I think there is a question is for you. Strader: Hi, Cheri. Thanks for being here. Help me understand your perspective. So, you live in Eagle. Ure: Uh-huh. Strader: Were you invited to this public hearing? Did you just find out about the project and you were concerned about it? Ure: I'm actually here for something else, but, then, I ran into someone I know that's here talking to you guys. So, yeah, I have an opinion, because I live here. I live in Idaho and it's a small town. Strader: Sure. No. I understand that. I just wanted to help understand the context, because you have testified on a couple of different applications, but you live in Eagle. Ure: Well, I did by accident. You guys called me up for something else -- Strader: Oh. Ure: -- and I spoke and we are last, so I absolutely want to testify on what's last, but like you hear the same thing over and over and over and over again; right? We have all lived here. It's changing. That's sad. It's so frustrating. Just get on with it already. It's too long. Let's just develop. Let's just move on. Not everyone is crying about development and yards. I lost my view from my farm. It's Sterling I think. There is a whole bunch of homes there. It's a bummer. But it's so great that we have more than one high school for our children to go to. Mine went to Meridian High School. I went to Eagle High School. We are so thankful there is more choices here. Strader: Uh-huh. Ure: Like I just -- you know. Strader: Interesting. Okay. Thank you. Meridian City Council May 7,2024 Page 64 of 83 Simison: Is there anybody else who would like to provide testimony on this item? Okay. Then would the applicant like to come forward to close? Wardle: Mr. Mayor, Members of Council, I'm not going to take a lot of your time. This application, obviously, is a unique use that was not contemplated in the 2007 development agreement. That's why we are here. With respect to the height and with respect to the development agreement I mean Council Member Strader raised a valid point, there is a development agreement and because of the way we do development agreements here, you all know, unfortunately, about half your items seem to be us coming back ten, 15 years after the development agreement has been adopted asking you to modify it, because the economics of whatever the designs were just don't work. In this instance you have a use that is a very low intensity use in terms of traffic generation that is in a corridor that you have said should be an intensive corridor and I disagree. I understand that gentleman's concern, but I disagree. We should not be forcing the buildings off of Eagle Road, we should be putting the buildings up to Eagle Road. That's why we have the C-G zone. That's why we have a 65 foot height limit and why do we do that? We do that because we don't need to have parking lots defining our community, especially on a significant arterial where this Council and councils before and Planning and Zoning Commission said Eagle Road is an intensive corridor that we are going to designate as a regional mixed use corridor on our land use map and we are going to put our most intensive commercial zones there and our most intensive residential zones. So, in this instance I appreciate what my client has done to work with the neighbors in the neighborhood. We are not asking for 65 feet. We have come off 55 feet. We need four stories, with the top deck being 48 feet. We want to be able to give you the modulation that we have shown there. If we need to address the Eagle Road frontage in the design process, that's why we have your design standards that we comply with and go through. I disagree with staff and I have had this disagreement with staffs throughout the county and I have also had the disagreement with individuals who come and testify and talk about, oh, we can't have height, because height adversely affects the adjoining properties. Well, if that's the case, then, let's adopt the relevant standards. But what we have is a wild west where people go, oh, there is going to be shadow. We don't know what the objective requirement is. But in this instance all of the residence -- residential properties that staff identified as being adversely affected, either are a functionally alley loaded with no visual orientation towards this property, because that's where their rear load garages are, or they are houses on the other side of a drain on the other side of a landscaped buffer, with mature landscaping, that are not here to testify in opposition tonight. We have set the massing back away from all the residential uses and oriented it towards the commercial uses into Eagle Road. So, for that our request, again, is approve the DA modification, approve the conditional use permit, grant us the ability to go to 48 feet with whatever appropriate limitation for the modulation above that, so that we can get four stories and approve the site plan with the massing as proposed. And with that we stand for any other questions and want to -- I recognize you get to hear from my partner next. So, just trying to make it quick. Simison: Thank you. Council, additional questions, comments for the applicant? Okay. Meridian City Council May 7,2024 Page 65 of 83 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Question for Linda. Linda, do you know approximately what the height is at the Regency at River Valley or the Village Apartments that are across the street off of Eagle Road? I need to catch up. I shot you an e-mail what I was going to ask, but I -- I don't know if you got it, because you were probably paying attention to the meeting, but I'm curious. Parsons: Mayor, Members of the Council, the applicant had it in his slide. I think the Village Apartments are 40 feet and -- I'm sorry, the Regency at River Valley are 40 feet and the other one is approximately 55 feet, if I recall. Wardle: Mr. Mayor, Council Member Cavener, their first phase -- Regency is 41 feet. The next set of apartments was 45 feet and four stories and the third set was 49 and a half. Cavener: Appreciate it. Thanks, Linda. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Unless anyone has any further questions, I think I would make a motion to close the public hearing. Cavener: Second. Simison: Have a motion and a second to close public hearing. All in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: ALLAYES. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Make a couple of comments on the project. You made a compelling argument. We haven't had the occasion to meet. You are clearly an attorney. I appreciate the history walking us through that. I think that was helpful. I'm particularly drawn to the idea of objective versus subjective requirements. However, had you been here a little -- a few hours earlier you would have heard this body with Planning and Zoning discuss the value of subjective analysis from our staff, for which we would take some -- appreciate their input on that. So, that is something I think that this body values is some subjective analysis on -- on applications as they are day in day out engaged on these Meridian City Council May 7,2024 Page 66 of 83 matters and do their best to make sure that the city is not only developing in a way that's helpful and productive, but aesthetically pleasing and of value. That said, Eagle Road is, in my mind, a hot mess. All kinds of developments. It is a very intensive development. I don't have any real concerns that -- I don't think a real argument has been made that this shouldn't go here. I think a compelling argument was made that followed all the things that we have outlined and asked any applicant and I think we make a mistake if we say here is the rules and, then, everyone puts capital and effort and energy into developing according to the things we have outlined and, then, we would say I don't -- I don't like it. I also think it's -- there is some value in having the residential neighbors, who is close by -- not all, but it seems like a majority of those that have engaged don't have a problem with that. I actually agree with putting larger buildings right on the roadway, as opposed to further setback and closer to some of the residential. So, however, I do have concerns. I do study the self storage market. I think $1.30 a square foot is -- is -- I'm a little concerned about how that would work, but also believe you -- you are putting your money in it. You are going to do what you can to make it work, but it is -- I just -- I don't want to see big projects get part way there and, then, financially fall apart, as we have across the road from City Hall right now. So, that is a real concern that I have is you are looking at $1.30 a square foot, it's going to take you four or five or so years before you would maybe lease it up and given the growth and interest in investors in self storage, as a -- as a good product type. It's going to be very difficult. So, that is my biggest concern about is just the financials, but that's -- you know, I do think he could probably make it work, but I think that is a challenge. So, intend to be supportive of the application tonight. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I was definitely a no on this from the outset, but had been trying to remain open minded. I think what's interesting here -- transition is really important to me in general in the city. To the extent that, you know, we have proposed some change to our Comprehensive Plan to try to define what transition means and that's a difference of no more than one story in adjacent uses. Understanding that this property was purchased before that thinking bubbled up and, you know, at that time you did your due diligence you understood your existing development agreement that was in place. Maybe, you know, you found some areas that -- that you have disagreement. I do think staff's analysis is important regarding the height, the character of the area, I don't -- that's not something that I dismiss. What I think is interesting here in this case was that you demonstrated that the residential that directly abuts this property doesn't really interact with this adjacent use, like they are truly oriented away from the building. That does make me want to give an exception to my normal thinking and grant this one, but I just want you to understand how I would normally approach this, like with an adjacent residential use and a difference in height that I think is significant. I normally would not be in favor of it. In this case I think you demonstrated that the impact to surrounding neighbors would be very low and I appreciate you working with the neighbors to reach an agreement on it. I think as a takeaway I do think we should talk about heights on a Meridian City Council May 7,2024 Page 67 of 83 city-wide basis for different uses in different areas of the city. I think that that might be a good way for us to help avoid these -- these situations, so that it's a little easier for staff to point to something that's a little more objective. I thought -- I thought staff did a good job of highlighting the issues on this one. I will vote for it, but knowing that this isn't a type of thinking I would normally go for from a transition perspective. Thanks. Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: Mr. Mayor, Council Woman Strader said that extremely well. I was on the same path as far as coming in thinking that was a no until I saw the orientation of the houses, because I think our transition periods are so critical and can make a big difference and so you have done your homework, made your case. I'm honestly not sure I'm excited about driving down Eagle Road and seeing it, but you have dotted your I's and crossed your T's and have worked with the neighbors, which I greatly appreciate. So, I will be supporting it. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I might sound like a broken record, but Council Woman Strader brought up some good points and I absolutely came into this evening not in favor of this, but the way it's been presented, the way it sits on the lot, the way it actually is going to work as almost a buffer to the residential behind it that doesn't have to look at it, it becomes much more appealing to sit where it sits on Eagle Road. We have approved other projects on Eagle Road, one right up by Fairview that was going to be multiple stories. So, this is not a first time, this is not a second or third time. What I like about this is it's not going to draw a lot of traffic. This is going to be quiet. I think it's going to have very little traffic involved other than people wanting to do business with it and I changed my mind. I'm in support. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Councilman Overton touched on the piece that was critical for me and Bourbon, Cajun, Picard, it's a mix of public and private streets and that to me was the biggest concern. Anything that we are going to get off of Eagle Road typically is going to generate a lot of traffic, is going to want to access Centrepoint Point to get out of there. So, what is the best use that's going to have the least impact on those existing residents? It's a hard piece of dirt. This is a good project. I appreciate the concern and the correct feedback from staff and for me I try and look -- it was my question about the apartments kind of holistically what the whole area is. So, unless there is any other Meridian City Council May 7,2024 Page 68 of 83 conversations or comments to be heard, I'm happy to make a motion. All right. Mr. Mayor? Simison: Councilman Cavener. Cavener: After reviewing all the materials related to Item 22, 1 move that we approve Cityside Storage, H-2023-0058, both the conditional use permit, as well as the Development Agreement modification, capping the building height at no more than 50 feet. I think 50 feet will give the applicant enough to get their 48 feet and do some creative architecture to make it look nice. Not seeing any concerns from staff that would be my motion as presented. Taylor: I would second the motion. But would like to hear staff. Simison: Have a motion and a second and comments from staff. Ritter: I was just clarifying. So, the top of the building is 48 and, then, the 36 inches for the parapet was what he was -- Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Linda, my motion is that a -- will not exceed anything more than 50 feet and developer has got their creativity and flexibility to make it work. I appreciate asking for clarification. But 50 feet will be the max. Simison: Okay. We have a motion and a second. Is there discussion on the motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I know it's getting late, but I just think it's important to note for the record that Mr. Wardle stated tonight that he is not known for being a steamroller and I -- I'm surprised to hear that, but it's nice seeing you here nevertheless. Simison: I think he said he's used to steamrolling people. If I heard that -- when I heard that. But we will -- we will let you take it up with him afterwards. Any further comments? If not, clerk will call the roll. Roll Call- 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. Meridian City Council May 7,2024 Page 69 of 83 Simison: Councilman Cavener? Cavener: Mr. Mayor. I know it has been a long night. I know we have got a lot of people here. For those that are in attendance Council has traditionally not engaged in large scale public hearings after 10:00 o'clock. We find that our motions can be clunky, the process flawed. We know that people are here, but we also know that people want a clear headed decision, but I will -- I will leave it to the Council. We have got one more item on our agenda tonight. It is ten until 10:00. 1 want to be sensitive to all of your time and ability to do the job. We can continue this out for a couple of weeks if you want or we can proceed. I'm open to feedback and discussion real quick. Simison: And maybe by a raise of hands how many people wish to testify this evening? I mean we do only got a handful of people wishing to testify and traditionally we try to allow people to testify when they come, even when the developer is -- even in situations where we have a problem we try to accommodate those people and we do have a few minutes where I think we could at least get to that point. If it feels like it's going on further come back and -- Cavener: Mr. Mayor, I merely wanted to facilitate the conversation before we got into it. I didn't want to stop the process. I think it's -- whatever our decision is, whether we want to extend until 10:30, we want to take public testimony, but not do deliberations, I just -- I think it is important that we also be up front with those that are here about our intentions for the rest of the evening. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: I think I would agree. Be respectful of the people that have taken time to come here and many of you have been here for four hours as well. I would be open to starting the process, taking the testimony, with the intention that I don't think any of us maybe want to deliberate and make a decision on the property tonight, but take public testimony and, then, leave the hearing open to allow for any more and find a date for which we can have a continuation and conclude the matter. 23. Public Hearing for Burnside Ridge Estates (H-2023-0055) by Kimley Horn, generally located on the south side of W. Victory Rd and the west side of S. Linder Rd., in the NE 1/4 of Section 26, 13N., R.1W A. Request: Annexation of 123.28 acres of land with R-2 (11 .91 acres), R-4 (89.55 acres) and R-8 (21.82 acres) zoning districts. B. Request: Preliminary Plat consisting of 263 building lots, 33 common lots and one (1) other lot, which is a holding area for future re-subdivision, on 121.31 acres of land in the R-2, R-4 and R-8 zoning districts. Meridian City Council May 7,2024 Page 70 of 83 Simison: Applicant, sound good? Okay. We will go ahead and open this and we will, hopefully, be at a place by 10:30 where we can call the evening with that. So, with that we will move on to Item 23, which is a public hearing for Burnside Ridge Estates, H- 2023-0055. We will open this public hearing with staff comments as soon as staff is ready. Allen: Thank you, Mr. Mayor. Just a side note, there is not a City Council hearing on May 21 st. So, you are probably aware of that, but just wanted to remind you of that. If this gets continued. Simison: At least one person -- one Council Member that's here this week will not be here next week. Okay. Allen: So, the next applications before you are a request for annexation and zoning and a preliminary plat. This site consists of one point -- or excuse me -- 121.31 acres of land. It's zoned RUT in Ada County and is generally located southwest of the West Victory Road and South Linder Road intersection. The Comprehensive Plan future land use map designation is low density residential on the eastern 41 acre portion and medium density residential on the western 80 acre portion of the site. The applicant requests annexation of 123.28 acres of land with R-2 zoning, which consists of 11.91 acres of land; R-4 zoning, which consists of 89.55 acres of land and R-8 zoning, which consists of 21.82 acres as shown on the zoning exhibit before you for the development of 263 building lots. One of the five existing homes is proposed to remain on a lot in the subdivision at the northeast corner of the site and that is right here in that location. The other existing homes will be removed prior to development of the phase in which they were located. The low density, the R-2 zone, and the medium low density, the R-4 zoning, is proposed around the perimeter of the development as a transition to rural residential properties in the county and the medium density R-8 zoning is proposed internal to the development and overall gross density of 2.62 units per acre is proposed for the subdivision. The low density residential future land use map designation allows residential development of three or fewer units per acre, while the medium density designation allows three to eight dwelling units per acre. As is the gross density of the low density designated area is 2.81 units per acre, which is consistent with the desired density. The density of the medium density residential area is 2.27 units per acre, with the conceptual lots in the holding area, which is slightly below the desired density. The holding area is this portion that's shown in a lighter color here at the southwest corner of the site. The comp plan allows for adjacent abutting future land use map designations when appropriate and approved as part of a public hearing with the land development application to be used with some caveats. The applicant proposes to use the abutting low density residential designation to the west and the low density residential designation on the eastern portion of this site toward a portion of the medium density residential designated area on this property as shown on the exhibit before you. With the proposed application of the low density residential designation, the gross density is 2.4 units per acre, including the holding area and the gross density of the remaining medium density designated area is 2.64 units per acre, which rounds up to three and is consistent with the desired density range for both designations. Staff is supportive of Meridian City Council May 7,2024 Page 71 of 83 the applicant's proposal for decreased density and the areas proposed as it allows for larger half acre lots along the west boundary of the subdivision, adjacent to large rural agricultural lots in Stetson Estates Subdivision for good transit -- good transition in density as desired in the Comprehensive Plan. The proposed preliminary plat consists of 263 building lots, 32 common lots and one other lot, which is the holding area mentioned for future re-subdivision. Two collector streets are proposed in accord with the master street map. A north-south street from Victory and that is this one right here and an east-west street from Linder Road. Sorry. I lost my place here. It's getting -- it's getting too late for staff, too. Average lot sizes -- average lot sizes are as follows: Half acre lots in the R-2 zone, quarter acre in R-4 zone, and .17 acre in the R-8 zone. The subdivision is proposed to develop in four phases as shown on the revised phasing plan on the right. The first phase located on the northeast portion of the site includes the northern portion of the north-south collector street and access via West Victory Road and a local street access via South Linder Road. This phase is proposed to include all of the street buffer improvements, including sidewalk, along Victory and Linder Roads. The second phase is located on the northwest portion of the site and includes the southern portion of the collector street, which stubs to the holding area. The third phase is located along the southern portion of the site and includes the east-west collector street, access via Linder Road, which stubs to the holding area. The fourth phase is the Kelly property that is located along the east side of the development between phases one and three and fronts on Linder Road and that is the -- the green part -- portion right here. The holding area is not currently serviceable by city sewer and won't be for quite some time until the temporary lift station on Ten Mile and the 15 inch trunk line to the lift station is constructed. At staff's request concept plan was submitted for that area showing how future development will integrate with this development. A total of 40 building lots are shown in that area, with the extension of local and collector streets. This area won't develop until services are available to serve this site. The City Council should determine if it's in the best interest of the city to annex this property before services are available to serve the entire site. The existing Jackson home that is proposed to remain is required to connect to city water and sewer service, take access internally from within the subdivision and change their address. The property owner at 3801 South Linder Road, Coleen Kelly's property, requests Council approval to remain on well and septic until her property redevelops with phase four, as utilities will not be accessible until at a minimum phase three. Retention over existing access from Linder Road is also requested until such time as the property redevelops. She is amenable to install -- installation of the Linder Road street improvements, -- the frontage buffer improvements, except for the area where the driveway is located, including sidewalk being installed on her property in the interim. There are five existing driveways from Linder Road and four from Victory Road that will be closed with development of the proposed subdivision. A new north-south collector street, South Farmyard Avenue, is proposed from West Victory Road, which will extend to the southern boundary of the site with development of a holding area. The right of way for this street should extend to the east property line on the northern portion of this site as required by ACHD for future access to the collector street for the Coleman property. A new east-west collector street, East Holstein Drive, is proposed from Linder Road along the southern boundary of the site, which will extend to the west boundary of the site with development of the Meridian City Council May 7,2024 Page 72 of 83 holding area. Another local street access, East Pivot Drive, is proposed from Linder Road to the north of the collector street. Internal local public streets are proposed for access within the development. The development is required to comply with the subdivision design and improvement standards in the UDC. There are four block faces that exceed the maximum block face standard and they are highlighted in yellow. The applicant is requesting a Council waiver to the standards to allow the block faces as proposed. This one here is 1 ,507 linear feet. This one here is 1 ,281 . This one was 1,340 and this last one is 1 ,422. The very maximum that our code allows under certain circumstances is 1 ,200. Typically the maximum is 750 feet. The justification for such is included in the staff report and will be addressed by the applicant tonight. The Council should consider requiring traffic calming measures and/or additional pedestrian connections as provisions for such waivers if you choose to approve those. A 25 foot wide street buffer is required along Victory and Linder Roads and a 20 foot wide buffer is required along internal collector streets, landscaped in accord with UDC standards. Staff is recommending ten foot wide detached sidewalks are provided along all collector and arterial streets within and abutting the site for public safety. The Pathways Master Plan depicts a ten foot wide pathway along the internal collector streets and along the north side of the Calkins Lateral. The Calkins Lateral is this green area that runs through the site right here. Based on the area of each zone, excluding the holding area, a minimum of 12 -- 12.59 acres of qualified open space is required to be provided within the development. The revised common open space exhibit submitted by the applicant depicts 13.36 acres, which is .77 acre above the required amount. Qualified open space areas consist of open grassy areas of at least 5,000 square feet in area. The linear open space along the Calkins Lateral easement that includes a ten foot wide multi-use pathway and associated landscaping. Linear open space, enhanced landscape buffers along collector and arterial streets, a community garden and eight foot wide parkways along local residential streets. An abundance of site amenities are proposed exceeding UDC standards by more than double. Based on the development area, excluding the holding area, a minimum of 20 site amenity points are required to be provided, some from each category. A total of 42 points are proposed, which consist of a clubhouse, commercial outdoor kitchen, outdoor fire ring, public art, two picnic areas and a fitness course from the quality of life category, a swimming pool and spa, tot lot and two sports courts that are proposed to be pickleball courts from the recreation activity area category. 1.25, approximately, miles of multi-use pathways from the pedestrian and bicycle circulation category and a bicycle repair station from the multi- modal category. The holding area will be required to comply with the minimum UDC standards for common open space and site amenities with re-subdivision. Staff recommends as a development agreement provision that the use of common open space and site amenities is shared throughout the development area between the holding area and the development proposed with this application. The Williams Northwest Gas Pipeline crosses the northeast corner of the Jackson property within a 75 foot wide easement and that is this property right here. The Calkins Lateral crosses the southwest portion of this site within a 60 foot wide federal easement, 30 foot each side of the centerline. The Boise Project Board of Control has agreed to a lesser width of 40 feet if the lateral is piped as proposed, but will not allow any improvements or landscaping within their easement other than gravel. Therefore, a 20 foot wide area is Meridian City Council May 7,2024 Page 73 of 83 proposed within the common area outside of the easement for a ten foot wide pathway, with five foot wide landscape strips on either side. The Givens Lateral is piped and runs off site along the west boundary this site. A seven foot wide easement exists on this site, which is proposed to run along the rear of abutting building lots. The board will not allow the easement to be located on building lots, therefore, the plat will need to be revised to include this area in a common lot. Staff recommends a 20 foot wide common lot is provided. The applicant is requesting only a seven foot wide common lot to accommodate the easement. Approval of this request will require a modification to condition number 2-H in the staff report. Conceptual building elevations were submitted. I will just run through these real quick on the amenities. Very nice amenities proposed with this development. Conceptual building elevations were submitted as shown for the proposed one and two story single family residential detached dwellings and two different barn style concept elevations were submitted for the clubhouse. Architectural style of the homes will be a mix of contemporary forms and modern farmhouse styles. Building materials range from stone to stucco and board and batten siding with natural colors. Home sizes are planned to be 2,200 square feet or larger, similar to homes in the surrounding developments. Because the homes on lots that face collector streets, South Farmyard Avenue and East Holstein Drive, and arterial streets West Victory Road and South Linder Road will be highly visible, staff recommends the rear and/or sides of two story homes on these lots incorporate articulation through changes in two or more of the following: Modulation. For example, 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. The Commission did recommend approval of this application. I will go through a summary of the Commission hearing. The applicant's representative, Hethe Clark, Clark Wardle, testified in favor of the application. No one testified in opposition. Paula Connelly and Darcie Dille commented on the application. There was no written testimony submitted. Key issues were concern pertaining to smaller lots and higher density developing -- developing in the future on the holding area lot. Key issues of discussion by the Commission were as follows: Desire for the applicant to leave the Calkins Lateral open as linear open space and for wildlife. Another Commissioner felt it was better to pipe the lateral to reduce evaporation of irrigation water and for efficiency. Preference for phase four to be included in phase three and that was the lot that the existing home is on. Appreciation of the transition and density proposed from large rural -- rural parcels and they were in favor of the proposed amenities and farmstyle theme proposed for the development. The Commission made the following change to the staff recommendation. It was a modification to development agreement provision A-1-F to clarify that the holding area on Lot 11, Block 7, shall only be developed when municipal services are available to the site as requested by the applicant. The only outstanding issue for Council tonight is the applicant's request for City Council approval of a waiver to the maximum block face standards that I previously mentioned in UDC 11-6C-3F for four block faces as noted. Several letters of testimony have been submitted since the Commission hearing that are included in the public record. Staff will stand for any questions. The applicant is here to present tonight. Meridian City Council May 7,2024 Page 74 of 83 Simison: Thank you. Council, any questions for staff? All right. Clerk: Hi, everybody. It's been a long night. My name is Hethe Clark. 251 East Front Street in Boise. Of the two partners I'm the one with less volume in terms of both voice and hair, but maybe we will get this PowerPoint going here and, then, get going. Here we go. Okay. And I will try not to talk too fast, but try to keep things moving here. So, this is an application that we worked really hard on and I think that it comes before you tonight in very good shape. It's an application that's consistent with the planning for the area. It's an application that's consistent with the investments that the city has made in utility services for the area and, as I mentioned, one where we are largely in agreement with staff. Again we have these three applications. We do believe that we presented a development agreement that's very close in terms of what -- where we are with the discussions with -- with staff and a preliminary plat with densities that are consistent with the city planning. It's a little Iaggy tonight. It's feeling like everybody else. So, the project is on 121 acres between Linder and Victory. As you can see the residents will have excellent access to two freeway interchanges in an area that is the subject of active development. As to the path of the development in the project's relationship with the rest of the city, this is against city limits. It is within the area of city impact. The square mile that's immediately to our east is entitled, other than the commercial area that's down on the southeast up against Victory -- or, excuse me, against Meridian Road. Brundage Estates, which is immediately to our east, has been annexed and pre- platted and you granted an extension on their pre-plat in September of 2022 and some of you will remember that a few months ago I was before you with the Windrow Subdivision that is just to our southeast that completed this block and that was approved just a short time ago and I wanted to show you this on a non-topo map, as I think that it helps illustrate a few things. First you can see that we are well within the area of impact. You can see Kuna sneaking up on us there from the south. But if you look at the project boundaries there is a wall of county parcels to our north. There is a wall of county parcels to our west. Now, the other point that I would make is that there is a different sewer shed on our south. This is the reason for the holding area that we mentioned before. So, really, what we are talking about here is not a foothold or, you know, the floodgates being opened. What we are talking about is a pocket that's available for city development at this time where utilities have been built to service that development and I'm going to spend some -- a fair amount of time going over that. So, there is -- when we come to services the project is served by utilities recently extended by the city. We are within the phase two sewer expansion project that was done with the south annexation from a few years ago. The project has sewer service via the eight -- existing eight inch line on Linder. You can see the manhole locations on the slide. Flow is committed. Domestic water is also at the site. You can see that there are water mains on both Linder and Victory Road with existing hydrants shown on the map. With regard to fire we are 1.4 miles away from Station No. 6. Police service is available within 4.3 miles from the Meridian police HQ. Schools. So, I didn't get to make the same promise that Geoff made to not talk about schools. So, I will take a second here. So, we have investigated the schools. We have had conversations with West Ada. Our students will be attending Mary Mac, which has capacity. Meridian High School has capacity. Victory Middle School is tight. We spoke with West Ada and asked what the Meridian City Council May 7,2024 Page 75 of 83 plan is for West Ada and for these middle schools. So, the school -- school district already has a site for a new middle school over at Hillsdale. I'm sure you guys are all aware of that. Spoke with Miranda, you know, is that -- is this going to be something that's going to be built soon? Is there a need for it? She said no. And that's because there is exist -- there is capacity at all of the remaining middle schools within the district. So, we went and looked and just put this on the record. Victory Middle and Star Middle are the only middle schools within the district that have increasing capacity -- or increasing enrollment over the past three years. Sawtooth Middle, Meridian Middle, Lowell Scott, Lewis and Clark, Lake Hazel, Heritage, Eagle, Pathways and Crossroads have all seen drops in their enrollment over the past few years. What that means is is that West Ada is not going to run a bond for a new middle school, because they are going to do exactly what they have explained to you guys and what I have talked to you guys about over the past few years. They are going to make sure that that bond makes sense and it's a good use of taxpayer's money and in the meantime they are going to adjust boundaries, they are going to bus and take advantage of the capacity that they have at the other middle schools. So, this is one where, you know, we feel confident that this is where that -- that service is -- Council Member Cavener spoke to is available. Next service is traffic. I left this -- I didn't do a slide here, but if you review the ACHD report it's clear that the project's been reviewed. It was reviewed before. It's reviewed now. All area roadways are expected to operate at an acceptable level of service. So, talking a little bit about our opportunities and constraints. We have some topographical constraints. So, we have the pipeline that's on our northeast corner that we have to deal with. We also have the two irrigation laterals that Sonya mentioned. We also have some -- some opportunities and constraints with regard to what has happened around this. So, we have large lot county parcels on our west. We have got more dense city development on our east and we needed to transition across and, essentially, be the bridge between those two and we have done all of that with a project that uses only existing city infrastructure. This does not require new city infrastructure. So, this is -- show you -- shows you where the fuel pipeline is. The Calkins is in blue. The Givens runs north-south on our northwest boundary. So, here is the -- the future land use map was actually where things got a little bit interesting for us. As you can see the property is planned for both medium and low density, but the densities are flipped as to what you might expect; right? We have got the medium density on the outside, with the low density on the inside. So, Sonya walked you through this and I won't belabor that point. But we worked with staff to use the Comprehensive Plan's language that allows you to slide those densities -- density designations across to -- you can't go further than the collector street and you can't take up more than 50 percent, but when we did that exercise we arrived at a solution that does meet all of the comp plan designated densities. This is that same map that -- that Sonya showed you a few minutes ago. With regard to zoning, zoning is consistent with the area, does provide the transition. This is the same drawing you saw a second ago. So, we have got R-4 against R-4 on the east. We put a wall up of R-2 on the west to help provide that transition buffer to the county lots. Then we put our R-8 in the middle, so that we can make sure that we met our density obligations. So, here is an overview of the project, but I do want to explain that holding area now. Just one more comment on that. So, it is 21 acres. It is not included for immediate development. I can't say that strongly enough. When we were Meridian City Council May 7,2024 Page 76 of 83 coming in to make this application I was planning to leave it out, because I didn't want to have anybody say, hey, well, this isn't ready for development, because you can't sewer that part. Had the conversation with Bill. Bill was very strong in saying, hey, we think you should include that and the reason was is that if we get approved and that's not included, that could create a county enclave if that piece didn't ever develop. So, we did that, because we are good sports and I always work with staff and so that -- that piece is there. But, again, we -- everyone recognizes that it is not ready for immediate development at this time. It's brought -- it's there because staff asked us to bring it there. I will kind of skip all that. So, access and transportation. With regard to the roadways, we are closing nine existing driveways, which I think is important. We are doing the -- the improvements that one would expect along Linder and Victory and you saw with our phasing plan that we have got all of that included within phase one, all those roadway frontage improvements. So, that will happen at the very beginning of the project. Regional pathways are being provided along the outside of the project and on the internal collector roads and I want to point out that while this is not a code requirement -- code does not require the multi-use pathways on both sides of the internal collectors, staff asked for it and the applicant agreed to that. So, that's why you see the double lines along our north-south collector and the double lines along our east- west collector. We exceed the open space requirements. We have -- since the Planning and Zoning Commission meeting we have worked with staff to qualify all of the open space and I will just note that we have the -- the pathway along the Calkins Lateral. There was a note from our neighbor asking if we could put up a sign saying, hey, this is where it ends, don't trespass any further and we are happy to do that and we would love to have that added as a condition of approval. So, the amenities. Sonya mentioned this. This is a really standout element of the project. I haven't had any of these in front of you guys, but I have done several -- several thousand unit planned communities throughout the Treasure Valley and beyond. Those planned communities include a placemaking exercise, so you are bringing in thousands of people, you are building a small city, you want to create a city core that people want to come and visit. So, for regular subdivisions we don't usually see that; right? It's -- it's something less than that. In this case that planned community style level of placemaking has actually occurred. You know, you have this -- this central area of the project that people are going to be invited to, that they are going to want to be a part of, that it has a theme, it has this farmstyle feel to it. It's going to be something that's really special for that area and it's going to make sure that this is a very high end amenity -- or high end community. And speaking to that, you know, with this placemaking -- and it looks like maybe our graphics are not loading very fast. But we are talking -- we would like to focus on that placemaking concept and use pieces of the farmyard equipment and all of that in the -- in the construction of the -- of the amenities within. So, hopefully some of these will start popping up here, so you can actually see it. There is a network issue you think or -- yeah. Okay. Well, you have seen -- these were in staff's presentation. Yep. That's too bad. That's okay. I think -- and you saw the entry signage on -- on Sonya's presentation with the windmill concept. Very -- very nice looking. The home designs, mixture of contemporary and modern farmhouse styles. So, let me try to wrap this up, because, again, it's getting late. So, as we were looking at the project we had a number of competing thoughts, competing items that we needed to satisfy. So, again, Meridian City Council May 7,2024 Page 77 of 83 we have the large county lots on the west side. Those are unlikely to develop. That's that wall that I was talking about that suggests that annexation probably doesn't go past there. We have bridged from the more dense city development to the less dense county development on the west. We are using utilities that are available to us. Frankly, you know, the -- the question of whether the floodgates open on this is something that the City Council has within its control, because you are the only annexation that's going to come from here would be to the south once the city decides to open up that new sewer shed. But there is not sewer capacity to go south from here. Again, that's the reason why we have this holding area. Since the last meeting, as mentioned, we agreed to the qualified open space percentages. We got the Calkins Lateral plans updated to show the 20 foot with ten foot pathway and the five foot on each side. We agreed to fix the Guernsey Road sections and work on the block face lengths and, then, we have the ten foot pathways on both sides of the internal collectors and this is what that Calkins Lateral looks like. We can meet -- because we have the ten and five and five we can meander that and make it look nice. We have agreed on all the conditions. I'm not going to go over this, because of the time, but just want to emphasize, again, the ten foot pathway on both sides of the collectors and the arterials. And we are in agreement with the conditions of approval, with the exception of the one that Sonya mentioned. And so, again, this has to do with the northwest corner of the project where the Givens Lateral is. So, that area is already graveled. You know, it's -- it's an active working area. The irrigation district's out there pretty regularly. That extends seven feet onto our property and so our suggestion is to make that seven feet a common lot, because the irrigation district is just going to require us to gravel it. Otherwise, if you -- if you expand it to 20 feet you will have seven feet of gravel, 13 feet of landscape and it's going to look a lot like a pathway and that pathway is going to be something that's going to be against the irrigation district's working area and it's also something that our neighbors to the west have asked us not to do is to not connect in there and so that's the reason why we don't want to give folks the wrong impression. We think it actually makes the most sense to just have the seven foot common lot, gravel it, HOA takes care of it, set it and forget it. So, with that I appreciate everybody hanging in there with me, but I'm happy to answer any questions. Simison: Thank you, Hethe. Council, questions for the applicant? I know we are in a hurry. I'm just going to ask one. I don't want you to answer tonight. We can save it for your closing when you come back -- is you are a smart guy, do your homework, do your research. Just wondering from your perspective what's changed since the last time this application has been before Council and the reasons for the -- the work at that time in your mind, besides the obvious fact that we have three different Council Members since the last time it was considered and we will have potentially a fourth. But save that for the next time. Clark: You don't want to hear tonight, because I'm -- Simison: Not tonight, because I don't want to open up a can of worms of conversation. I just note that's something I'm going to want discussed at some point in time -- Meridian City Council May 7,2024 Page 78 of 83 Clark: Okay. Simison: -- from the applicant's perspective, so -- okay. All right. Thank you very much. Mr. Clerk, who do we have signed up on this? Johnson: Mr. Mayor, we have three on this sheet. First is David -- I apologize, I can't read your last name. It looks like it starts with an M. Moorhouse: Moorhouse. Johnson: Moorhouse. Thank you. Simison: Good evening, Mr. Moorhouse. State your name and address for the record. Moorhouse: David Moorhouse. 3536 West Ryder Cup, Meridian, Idaho. Thank you, Mayor. Thank you, Council. I am -- I'm a Meridian graduate when there was only one in high school in '81. I built my first home here in 1987. So, I'm an old timer I guess. And I live over north Meridian in the Spurwing neighborhood and have built 19 homes and custom homes and -- just in that area alone and I have been waiting for the next subdivision that allows me to serve a pent up demand. We in the city here are struggling to develop subdivisions that accommodate a need that's immense. I get a call a week saying where can I build a custom executive home and we are approving a lot of homes and there has to be a mixed development to serve all people. I have a son that just bought a starter home and -- we call it a starter home. It's half a million dollars now. The -- I'm here to support this development, because I can't find developments to work in, so I'm building in McCall, I'm building out in Caldwell an acre lots. I'm building in east Boise that's struggling to support the community I live in with the homes that I need and so I am here to support this development. Stand for any questions. Simison: Council, any questions? Thank you. Johnson: Mr. Mayor -- Mr. Mayor, next is Tina Dean. Dean: Good evening, Mayor and Council Members -- or tomorrow. Whatever it is already. My name is Tina Dean. I live on Rustler Place, but for privacy I will give you my mailing address, which is 100 West Overland, No. 202, Meridian, Idaho. 83642. 1 reside in one of the homes that would back these half acre lots and last time this project came to Planning and Zoning and the City Council I asked for you to approve it, because we actually have a developer here who has worked very long and hard with the neighbors to make sure that what they were building backed up to what we already have in our lifestyle with cattle and other farm animals and farming. They have met almost every request that we have made of them. The -- I don't know why it wasn't approved before when there were other subdivisions approved farther south of us. I know that this land will be developed one day and I would like to have it developed in this standard, rather than something else that we might see there. My two requests would be that the holding area, if it is approved with this development, is approved with Meridian City Council May 7,2024 Page 79 of 83 consistent lot sizes for those lots that are on the western edge that back Rustler and that Calkins Lateral, we really would like some -- besides signage I would like that to -- to -- for you to approve that with the seven foot common space. Don't enlarge that to 20 feet, because I actually own some of that land back there and even though it's an easement I have to care for it and remove trash and take care of the weeds and I really don't want it to become an attractive trespass opportunity for the kids that will be living in this area. So, I would prefer to see some sort of blockage there, as well as a sign. And I think that's it. Are there any questions? Thank you. Simison: Thank you. Johnson: Mr. Mayor, next is Paula Connelly. Connelly: Good evening, Mayor and City Council Members. My name is Paula Connelly. I live in the Rustler community as well. 3878 South Rustler. I stand before you. I have very mixed emotions. I know this is going to develop at some point and I know not all of you were here in 2019 and 2020 when the Comprehensive Plan was redone. I think you guys absolutely missed the opportunity when this land was changed from medium -- or changed to medium density from rural density, because what happened is it created an instant for our community where we will absolutely be an island. It's hard to watch when you have lived and grown up and been in an area for a long time to know that Meridian High School is the only one with an FFA program left. What's going to happen with those kids when we have no land left that will be agricultural. We will be sandwiched in between mixed use and medium density and when you saw the one slide that showed that there is an L-shape, I highly appreciate that they have taken the opportunity to try and mix in and flip some of the densities to accommodate us and put half acre lots against our community. For those of you who are on City Council that were not here, our community has attended every meeting. We have attended every City Council meeting, as well as the neighborhood meetings. We have stood before you and we have said a lot of the same things. For those of you who were not here, you do need to realize, yes, we are county. We do have farm animals. I slaughter our cows every year. I didn't bring my pictures this time. I promise. But it's hard, it's heartbreaking that -- you heard Mr. Moorhouse say that he gets a phone call every week wanting to build on one acre lots. Unfortunately, they can't accommodate one acre lots, because, then, they can't meet that density. So, we are left with being an island. I originally appreciate the fact that they are willing to do things to give a nod to the City of Meridian. My biggest -- my biggest thing is the holding area. Councils change. What happens with that holding area when they have to come back before City Council to approve the platting of that? Thank you. Simison: Thank you. Council, any questions? All right. Thank you. Johnson: That was everybody that signed up in advance. Simison: Is there anybody else who would like to come forward and provide testimony at this time? Meridian City Council May 7,2024 Page 80 of 83 Hayes: My name is Chris Hayes. 348 West Cub Street, Meridian, Idaho. Mayor, Council, I appreciate the opportunity as a business owner and a member of the Meridian Chamber of Commerce -- to me this is a no brainer. This was a good development a couple years ago. It's a good development now. This is what we want in Meridian. What could be here would be very different. So, I am in favor of this as a business owner and also as a longtime member. I don't know -- I might have you all beat, because my family has a named -- a street named after them. Anybody got that? Rackham Way. So, I understand Meridian. We have been here our whole lives. We know that this is important. And this is -- this could be a crown jewel in the area of this transition that we are talking about and I also know the other side of it as a construction worker as well what's going up and popping up everywhere and what people are really flooding in here like. But it's interesting to me that the people that are testifying tonight are already in their million dollar homes, in their one acre lots, telling others that they should do something different. While this is a land of opportunity, this is a land of freedom and this is a place where people want to be. So, I commend you. I think you are doing a great job. And I think it's a -- it's a wonderful opportunity for Meridian. Thank you. Simison: Thank you. Council, any questions? Is there anybody else present that would like to come forward and provide testimony at this time? Langlois: Good evening. Julie Langlois, but I would prefer not to give my address though. Simison: Mr. Nary, if someone doesn't want to give their address. Nary: We need something for the record, ma'am. Langlois: Rustler. Rustler Place. Nary: That's fine. Langlois: Thank you. I sent in a letter, but I felt like -- I was hoping I didn't have to speak, but I saw Ms. Bernard's letter and so I wanted to address that. So, I agree with Ms. Bernard's assessment that the current design will create a public safety issue in the area highlighted. Do you have the -- she will get it up there. Allen: I don't have her letter that I can show you. Langlois: Okay. The current design will create a public safety issue in the area that's supposed to be highlighted between -- as the pathway terminates at Stetson Estates property owners easement. So, that comes down -- I think it's Molina. So, the Calkins comes up and hits our property easement. So, from I think it's Farmyard along the easement, those are the back -- those are going to be the backs -- backs of houses. So, the pathway to nowhere is -- not only creates easy access to the easement area between Burnside and our private property, with time and the filling in of vegetation will Meridian City Council May 7,2024 Page 81 of 83 create an area which will be difficult to monitor. I have asked for a barrier and signage -- not just signage, but something that will stop people from entering, because it's going from a pathway to private property. So, it needs something to stop people. A barrier and signage at the end of the pathway and that be added to the DA. Ms. Barnard points out -- and I think correctly -- that from South Farmyard to the west, especially at the west end point, there is potential for problem. I have personally experienced with a similar design a dark cul-de-sac with -- the things that happened I hesitate to mention here. The current design invites such unwanted activities. Her -- Ms. Bernard suggested that South Molina straighten and comes across the lateral. So, that -- that's not a closed area. Does that makes sense? With respect and concern for public safety we request the design of the path to nowhere be reconfigured in order to mitigate potential problems and that a barrier and signage is placed at the western edge of the regional pathway. At the end of the day we would like to see the project move forward without creating adverse outcomes and experiences for both our current neighborhood and our new neighbors to the east. It's a large project, let's take the time to get it right. Any questions? Okay. Thank you. Simison: All right. Thank you very much. Was there anybody else that would like to provide testimony at this time? Council, we have reached the end of those who are present wishing to provide testimony. Do you have a date that you would like to -- Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Council, I will throw some dates at you and, then, I think it's important we invite the applicant or the representative up to discuss. So, next week, 5/14, we have one public hearing, which is a continuance from about a month ago. We have got I think one Council Member who may be unavailable. On the 21st and 22nd, that's election day and Public Works Week Expo is on the 22nd, which is going to make getting in and out of City Hall really challenging. It's like we don't want to have a City Council meeting that day. So, then, the third option in the month of May would be the 28th. We have no land use public hearings scheduled for that night. I just -- I'm the one who likely may be gone next week. Appreciate good Council Member Strader is going to fill in and run our meeting for us. I don't want that to stop, but I'm going to try and participate remotely, but I just don't have a schedule yet if I'm going to be available for that or not. Simison: And for the -- no, I will not be here as well. So, if there is two of us gone you would have four. If in case you need a tie or different --just practicality. Cavener: So, my recommendation would be that we move it to the 28th, but I want to give the applicant and the representative opportunity to respond. I know this has been a long process for you. We don't want to belabor it any longer, but -- Clerk: Yeah. Mr. Mayor, Council Member Cavener, the 28th works for us. Meridian City Council May 7,2024 Page 82 of 83 Cavener: Great. Seeing head nodding. So, Mr. Mayor, what I would like to do, then, is go ahead and continue item -- get my notes. Item 23, Burnside Ridge Estates, application H-2023-0055, to May the 28th. Strader: Second. Simison: Have a motion and a second to continue this item to May 28th. Is there discussion on the motion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the item is continued. Appreciate your flexibility around that tonight. Thank you. Clark: Thank you. MOTION CARRIED: ALLAYES. ORDINANCES [Action Item] 24. Ordinance No. 24-2052: An ordinance (Linder Storage Condos — H- 2022-0091) annexing a parcel of land being Lot 4 of Heppers Acre Subdivision, Book 19 of Plats, Pages 1298 and 1299, records of Ada County, and a portion of North Linder Road, lying within the southwest quarter of the southwest quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 0.98 acres of such real property from R1 (Estate Residential) to I-L (Light Industrial) 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: With that we will move on to Item 24, which is Ordinance No. 24-2052. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's related to Linder Storage Condos, H-2022-0091, annexing a parcel of land being Lot 4 of Heppers Acre Subdivision, Book 19 of Plats, Pages 1298 and 1299, records of Ada County, and a portion of North Linder Road, lying within the southwest quarter of the southwest quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 0.98 acres of such real property from R1 to I-L 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 Meridian City Council May 7,2024 Page 83 of 83 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? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Move that we approve Ordinance No. 24-2052. Cavener: Second. Simison: Motion and second to approve Ordinance No. 24-2052. Is there discussion? If not, Clerk will call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: All ayes. Motion carries and the item is agreed. MOTION CARRIED: ALLAYES. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics or do I have a motion to adjourn? Cavener: Mr. Mayor, I move we adjourn the meeting. 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 10:42 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 5-28-2028 ATTEST: CHRIS JOHNSON - CITY CLERK 5-28-2028 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the April 16, 2024 City Council Regular Meeting Meridian City Council April 16,2024 Page 9 of 9 MEETING ADJOURNED AT 6:47 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 5-7-2024 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the April 23, 2024 City Council Regular Meeting Meridian City Council April 23,2024 Page 14 of 14 Hersh: Sorry. Cavener: Mr. Mayor, with no additional public hearing -- or public testimony needed, I move we close the public hearing on Item 19. Little Roberts: Second. Simison: Have a motion and a second to close the public hearing on Item 18. Is there any discussion? If not all in favor signify by saying aye? Opposed nay? The ayes have it. The public hearing is closed. MOTION CARRIED: FOUR AYES. ONE ABSENT. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we approve application H-2023-0062 as presented. Little Roberts: Second. Simison: Have a motion and a second to approve H-20230062. Is there discussion? If not, Clerk will call the roll. Roll Call: Cavener, yea; Strader, absent; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you very much. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: With that, Council, anything under future meeting topics? Or a motion to adjourn. Councilman Cavener. Cavener: Move to adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FOURAYES. ONEABSENT. MEETING ADJOURNED AT 6.361 P. M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 5-7-2024 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Alamar Subdivision (FP-2024-0005), by Jeff Wrede, Noble Rock Development, Inc., located at 4380 W. Franklin Rd. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 5/7/2024 Legend t DATE: . Project LocationTO: Mayor&City Council FROM: Linda Ritter,Associate Planner __ 208-884-5533 - - SUBJECT: FP-2024-0005 Alamar Subdivision No. 2 FP AL—V 11 LOCATION: 4380 W. Franklin Road,approximately ' ' - 1/4 east of N. Black Cat on the north side ' of Franklin,in the SE 1/4 of the SW 1/4 of Section 10,Township 3N, Range 1 W. I. PROJECT DESCRIPTION Final Plat request for Phase 2 development to include 1 single-family detached building lot, 32 single- family attached building lots, 2 common lots and 2 common driveway lots on approximately 1.91 acres of land in the TN-R zoning district,by Jeff Wrede,Noble Rock Development Inc. II. APPLICANT INFORMATION A. Owner/Applicant: Jeff Wrede,Noble Rock Development Inc— 13601 W.McMillan Road, Ste. 102-162, Meridian, ID 83642 B. Representative: Same as Applicant/Owner III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-0005) as required by UDC 11-6B-3C.2. The submitted plat includes the same number of buildable lots permitted for phase 2 as outlined in the conditions of approval for the preliminary plat. parkways,temporary access to Franklin, and the correct amount of common open space as previously approved for this phase. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Page 1 IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 6/1/2022) PRELIMII\ARY PLAT FOR _ �J ALAMAR SUBDIVISION BE V4 OF THE SW IM OF SECTION 10,T.W.RAW.,B.M. MERIDIAN,ADA COUNTY,IDAHO — PROJEU 6TE 2022 :Pi, Pi .M... A ,u,.. 4Tcmtrsntnr Y 1l 0d L w F F- r 6 — 1 _ Y F 1 a J .. Page 2 B. Final Plat(date: 3/8/2024) ly,AT yrOMk'G oP AG ALA WAR SUBDIVISION NO, 2 W7 LOL'AW V 9W W 1/4 OF 7NE SiY I��OF SFCAfX1 rC r 7 N4 R f M:du.,AN Cd N OANa " � r � I sL`n,mirrne. null �r I Y i n r� p/ Y9 I j � •xue mh-av nrr SVAVE}VR'S NAAAA-FI4'E �9}'o'�'e'Yu^^ I I __ i Y. ���ry oa•�-_ �____ X.Y iE[3frarc,o-=,s,n cw v e v """ —' I, ' wssM 66 I x n'.rnurc Srnr,[r� j 4 ,1 Lam_-_�.�_ wmrvsx oa�mwrlK A 6 n xuffx 6auNL.A4Y CURVF ILtTh SVNVFI"S,PLLC. w r3�. ��_ _ _ •�}bWs�iwuECTsV�vu7�Waa�pnGtPUrWuAcUN.oe»v ao.�.e.v +W3f�f0.]-1�0.0.0 FL4 Pk.ahr-- - Page 3 C. Landscape Plans(date: 3/28/2024) rtAIE I HA I ww! Mom Flkn6n➢` .,Y. 3Y�n�bx LpNOnM����0. T.'BB ftA��i1P HnfBB �rw.r*� _ ,reull.r+r.R..r wun.ws Page 4 D. Common Drive Exhibit(date: 3/28/2024) N �W r.W COMMON �A DRIVEWAY xl✓ s! .p.p £ iDi 1! j 19S u w!i4 I I 9L9CN 3 I I Fexu� lm n I EO-0 K u 2R0 �tl xo I xv xv a� r --- ---- ---- ----- CDMHDN psi sv I DRIVEWAY �$«' 6" s p � I �i I I Rio Sp I II I II I I I rib y W ATOMIC STREET Ifi$, m m e �e Ia ae g G SCALE. INCH=40 FEET Page 5 E. Temporary Fire Turnaround(date: 3/15/2024) 4 IF THE EXTENSION R2AD FRU01 THE NEWKIRK ti q SLBDIVISIUN CaLLECTOR ROAD CAVIATOR ROAD)IS lv NOT COMPLETED,A TEMPMARY 96' DIAMTTER p Z 7URN-AROLWD VILL RE PROVIDED AS SHIIVN. a U +' THE SECTIDN OF ROAD CONNECTING TO THE ASCENT y a I SLBIVISION aN THE EAS7 VRL BE COMPLETED• *cwurwrx r OQ 4 LJ ruxr-weaxe ac•aWrR�e �X �z Nr�, PHASE I a�auADrNG LDTS II PHASE II ITS g �� �• use w■ urs "'�� w� PHA M Fn irFFaee� imtr lwy wa we ur �� h� wt K dd wr n �v nw.R run msoco ----� A 19®If'Jmld Ip6 N1i � � � •� �' Y P AS I w. A is■ 9 4] w a ! flp ASCW wr u E yW� H M RNi ACCM M F�M� W Page 6 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-2022-0004 (AZ,PP,DA Inst. #2022-065010). 2. The applicant shall obtain the City Engineer's signature on the final plat by June 21, 2024, within two(2)years of the date of approval of the preliminary plat findings (June 21,2022), in accord with UDC 11-6B-7, in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Prior to building permit submittal,Administrative Design Review approval is required for the single-family attached lots within this phase of development(Lots 18-25,Block 1, &Lots 7- 25,Block 3). 5. The final plat shown in Section V.B,prepared by Engerbritson Land Surveys, stamped on 3/28/24 by Michael R. Engerbritson,is approved with the following conditions to be completed at the time of Final Plat Signature: a. Plat note#7: add recorded instrument number. b. Plat note#12: add recorded instrument number. 6. The submitted landscape plans, as shown in Section V.C,prepared by Rock Solid Civil, dated 8/8/23,is approved as submitted. 7. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. PUBLIC WORKS https://weblink.meridiancity.org/WebLink/DocView.aspx?id=342872&dbid=0&repo=MeridianCi t &y cr=1 C. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=343055&dbid=0&repo=MeridianCi iy D. IDAHO DEPARTMENT OF TRANSPORTATION(ITD) https://weblink.meridianciiy.org/WebLink/DocView.aspx?id=343171&dbid=0&repo=MeridianCi ty&ci-1 Page 7 V IDIAN� AGENDA ITEM ITEM TOPIC: Final Plat for Biltmore Estates Subdivision No. 5 by Engineering Solutions, generally located at the northwest corner of S. Kentucky Way and W. Harris St. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 5/7/2024 _ _ DATE: TO: Mayor&City Council FROM: Sonya Allen,Associate Planner - 208-884-5533 SUBJECT: FP-2024-0007 Biltmore Estates Subdivision No. 5 LOCATION: Generally located at the northwest corner of S. Kentucky Way and W. Harris St., in r the northern 1/2 of Section 25, T.3N., R.1W. I. PROJECT DESCRIPTION Final plat consisting of 36 building lots and four(4)common lots on 11.81 acres of land in the R-4 zoning district for the fifth phase of Biltmore Estates Subdivision. II. APPLICANT INFORMATION A. Applicant: Engineering Solutions— 1029 N. Rosario St., Ste. 100,Meridian, ID 83642 B. Owner: Lee Centers, Oakwood Estates,LLC—PO Box 518,Meridian,ID 83680 C. Representative: Shari Stiles,Engineering Solutions— 1029 N. Rosario St., Ste. 100,Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(PP- 14-004),time extension(TECC-202 1-000 1) and associated conditions of approval as required by UDC 11-6B-3C.2. Conditions of approval associated with the time extension require 2.35-acres of common open space and site amenities totaling four(4)points to be provided in the last two phases of development(i.e. Phases 4 and 5)in accord with current standards. A total of 2.74-acres of qualified open space is provided in Phases 4 and 5 that meets and exceeds the common open space requirement consisting of 8-foot wide parkways (0.83-acre); a pocket park(Lot 8,Block 6,Biltmore#4) (0.19-acre); collector street buffer along Harris St.,multi-use pathway, micro-path and open space(1.05-acre); collector street buffer along Kentucky Way(0.36-acre); and Page 1 pedestrian pathways (0.31-acre). A pickleball court is proposed in the central common area on Lot 1, Block 8,Biltmore#2,which counts as four(4)points and meets the amenity requirement. There is the same number of buildable lots and additional common open space proposed in this final plat phase than shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat and subsequent time extension as required. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 4/15/2014) -Revised WIT 1.2 rj �- ZINN.- lift _ s.- NNN --- -- - - -.__.- -.- - IN­ KIM r.r'R t5k !" PRE Page 2 B. Final Plat(date: 3/11/2024) B'IrLI W. IJ�EJSJ SJ rU33 D ZV 0 S BOOK-.PAGE ttL333��1iii��I A PARCEL OF LAND BEING A PORTION OF THE S 112 OF THE N 1/2 OF SECTION 25, T.3N., R.1W., B.M., W,Mrcrulr xo. 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SQ, xl]'3 N IMAS MSW' IlYxY NTYYnSE 1]ilY ]O SI.M' d2SOY YES]Y MMWSYY N.M' C31 ,011Y]nM tIDO'OY 5]YM'.YW 10014 ]605' ..nm YSY4Y MnT1Yro4 MAY L9 ]!M' SNCCMY 110 1].IT SbS]Y414 11.1 Z. 1o»sY s-1-mvE sr.n ,&br �,ar >a]Plr x,lorin .�.r ,9,x4' .]n.m �'4z• W]rzrE ,a®' Ms ��w .m'4r xsxW�rE MCY x1a347rr ul :s.zr s,z�•reE ENGINEERING �.�1 OTtS P mw' XSOP I!- �las'1re ]aa' suz n4ar 1XSTM'.-O usr uls 31AW' a,YXP slr z3re Ix1s• r1r s1uP ozaP SS.AMw 1az 1..r sx.uzTp .m xn ztire SOLUTIONS SHEET 1 OF 3 � Page 3 C. Landscape Plan(date: 3/26/2024) r -7 r — SHEET LVE —— — T �� �7 7`7 ,•� 9.E 1 wv I LANDSCAPE CALCULATIONS- ... A MT SUBDIVISION DATA- _ _ !I�o� _ ES o` �"I .. e, GENIE N _='— — —— •gig :�R�~��.�.�w��..�.�u� OVERALL LANDSCAPE PLAN LuW N W q, o_w ONE MM SEE SHEET Li.1-LL4 FOR DETAILED LANDSCAPE PLANS. WYI SOUTH SEE SHEET L2.0 FOR PLANT LIST.LANDSCAPE NOTES, BECK& AND PLANTING DETAILS � BAIRD 3w Page 4 II II I g E�ISTING PH.SE l I ug I\\\ BLB5 � — Bus i T SOUTH _ m Mill BECK&" IR \ 11 T 10 6 I mro-emee,am�.�wwTs Y �d I � I PCB LANDSCAPE LEGEND o °� d GENERAL LANDSCAPE NOTES JOB! wIw .-aril \\R Zwe: .a 5Irt�l�� \�\\ �16� VIJ 1� _ n®.nn„v,wsrcnwaff.,Enn wm,mEo� �dlc€E I�"E Bull ld ld �I �awrt wrun��rawrtucrwnavewaincnrun. rmm �•� '\ ld I B7 3 MA15TT CHLN_E-SEE_L1I _ C_LE__ p_ rII __ ALACP LAN ;------------ 3IR LUZ n+I WO ; O.� J_pl LL /lN SEE SHEET L1.0 FOR OVERALL LANDSCAPE, LIA-LIA FOR DETAILED LANDSCAPE PLANS, SEE SHHET L2.0 FOR PLANT LIST, LANDSCAPE NOTES,AND PLANTING DETAILS L1.1 D_ is SOUTH a \µ milli BAIRD LANDSCAPELEGEND I till a- s o $BOI1 GENERAL LANDSCAPE NOTES JJ E ILKis B �,+� R8. r�,a°rexme.corue�crwm:nnw.mw..arw,.xa Qi+le 15 I� EXISTING PHASE Wc5 O ti N Y' _ _ - I d�ar 0. -MA LINE- L1 WZ B? LUO ; I/ LANDSCAPE PLAN 47 n T---1P T O N @ J_ffl SEE SHEET L1.0 FOR OVERALL L mO N ANDSCAPE.Ll.l-LL2 FOR DETAILED LANDSCAPE PLANK SEE SHEET L2.0 FOR PLANT LIST, LANDSCAPE NOTES,AND PLANTING DETAILS L1.2 Page 5 till=—SOUTH ME;r1@7 L MAICHLINE-�EE L1L.1 2 ------------ ------ HLINE-SEE LI 3tt LANDSCAPELEGEND j Ala 13 GENERAL LANDSCAPE NOTES gill!Ilifl 12 rc c1t �Im ? ........... LQ x.txxx,.t m----------- -v--- W Pi wz wo LANDSCAPE PLAN 0 SEE SHEET L1.0 FOR OVERALL Fn m LANDSCAPE,L1.1-L1.2 FOR DETAILED LANDSCAPE PLANS, SEE SHEMI!L2.0 FOR PLANT LIST, LANDSCAPE NOTES,AND PLANTING DETAILS L1.3 ,0.'k TCH.LtNE_-SE - -------- IN _rLT4---------------- 0 IL MA , 13AIRD LANDSCAPE LEGEND LXI STING PHASE GENERAL LANDSCAPE NOTES Z" SIM LANDSCAPE PLAN w n W0. W-0 0 SEE SEMEE'r L1.0 FOR OVERALL my LANDBOA771,L1.1 DETAILED LANDSCAPE PLANS, BER BREW LM.0 FOR PLANT 11, LANDSCAPE NOTES.AND PLANTING DWrAlLff L1.4 Page 6 PLANT SCHEDULE SOLPTH in LANDSCAPE MCJTE3 02� F EZ I= I"I h ...... cm cb-11 'u" 77� Lu 01 Lu 0 a L2.0 Page 7 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 [AZ-13-014(Ord. #14-1594)—Victory South; PP-14-0004,Development Agreement Inst. #114052420—Biltmore Estates;A-2019-0366; TECC-202 1-000 1). 2. The applicant shall obtain the City Engineer's signature on the final plat by December 15, 2025; or, a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B prepared by Engineering Solutions,LLP, stamped on 2/7/2022 by Clinton W. Hansen, shall be revised as follows: a. Note #12: Include the recorded instrument number of the ACHD temporary license agreement. b. Include the recorded instrument number of the ACHD permanent sidewalk easement in the Legend. An electronic copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan shown in Section V.C, dated 3/26/24, shall be revised as follows: a. The total linear feet of parkways(excluding 26' for each driveway)shall be included in the calculations table along with the required vs.proposed number of trees. An electronic copy of the revised plat shall be submitted with the final plat for City Engineer signature. 6. All development shall comply with the dimensional standards for the R-4 zoning districts listed in UDC Table 11-2A-5.In the case where a wider easement exists, a greater setback may be required (i.e. a 16 foot wide PUDI easement is depicted on the plat adjacent to any public street). 7. The rear and/or sides of homes on lots that face or back up to S. Kentucky Way (i.e. Lot 4, Block 5; Lots 3 and 17,Block 8; and Lot 2,Block 11) shall incorporate articulation through changes in materials,color,modulation, and architectural elements(horizontal and vertical)to break up monotonous wall planes and roof lines. 8. Submit a revised landscape plan for Biltmore Estates Subdivision No. 2 that includes a pickleball court on Lot 1,Block 8. 9. Submit a copy of the Ada County Street Name Review letter for the final plat with the final plat submittal for City Engineer signature. 10. All ditches are required to be piped in accord with UDC 11-3A-6A unless waived by City Council or used as a water amenity or linear open space. 11. This phase shall comply with the most recently adopted Public Works standards and specifications as required with the most recent time extension(TECC-2021-0001). 12. 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 Page 8 of mailboxes. Contact the Meridian Postmaster, Matthew Peterson, at 208-887-1620 for more information. 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://weblink.meridianciU.org/WebLink/Doc View.aspx?id=345078&dbid=0&repo=MeridianC hty C. Boise Project Board of Control https://weblink.meridianciU.ofglWebLinkIDocView.aspx?id=345654&dbid=0&repo=MeridianC ky D. Boise-Kuna Irrigation District https://weblink.meridianci(E.orglWebLinkIDocView.aspx?id=345154&dbid=0&repo=MeridianC Lty E. Idaho Transportation Department(ITD) https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=345300&dbid=0&repo=MeridianC Lty Page 9 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Foxcroft Subdivision No. 3 (FP-2023-0032) by Brown Planning Services, located at 3720 W. Pine Ave. (Phase 3) BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: APRIL 23, 2024 ORDER APPROVAL DATE: MAY 7, 2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 30 BUILDING ) CASE NO. FP-2023-0032 LOTS AND 12 COMMON LOTS ON ) 8.072 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT FOXCROFT SUBDIVISION NO. 3. ) BY: KENT BROWN PLANNING ) APPLICANT ) This matter coming before the City Council on April 23, 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 FOXCROFT SUBDIVISION NO. 3, LOCATED IN THE SE '/4 OF THE NE '/4 OF SECTION 10, TOWNSHIP 3N., RANGE 1 W., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2024, HANDWRITTEN DATE: 2024, by CODY M. MCCAMMON, PLS, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(FOXCROFT NO. 3—FILE#FP-2023-0032) Page 1 of 3 SHEET I OF 4,"is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated April 23, 2024, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from April 11, 2024, a true and correct copy of which is attached hereto marked "Exhibit B" 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(FOXCROFT NO. 3—FILE#FP-2023-0032) 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 7th day of May 2024. By: Robert E. Simison Mayor, City of Meridian 5-7-2024 Attest: Chris Johnson City Clerk 5-7-2024 Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 5-7-2024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(FOXCROFT NO. 3—FILE#FP-2023-0032) Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 4/23/2024 Legend DATE: _rLi C-G Project Location C- 0 �c7 TO: Mayor&City Council _4 ' Rd ® R4 FROM: Stacy Hersh,Associate Planner �� R-8 208-884-5533 8 SUBJECT: Foxcroft No. 3 FP RU: R=� 5 �R=8 FP-2023-0032 ' �1-5 R-15 ��R-1�5 C-;C,J R1'S LOCATION: Phase 3 is located at 3720 W. Pine R 15 Avenue, in the SE 1/4 of the NE 1/4 of RUT _ R-15� - Section 10,Township 3N,Range 1W. TN-R C-G -M. . RU R;r40 ®R-15 jR,-15 R 15 ® C-N I-L_ _RUT R1 R�g R 15 RUT I. PROJECT DESCRIPTION Final Plat consisting of 30 residential building lots and 12 common lots on approximately 8.072 acres of land in the R-8 zoning district,by Kent Brown Planning. II. APPLICANT INFORMATION A. Owner: Corey Barton,Viper Investments— 1977 E. Overland Road, Meridian,ID 83642 B. Applicant Representative: Kent Brown,Kent Brown Planning—3161 E. Springwood Drive,Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2020-0113) and associated conditions of approval as required by UDC 11-6B-3C.2. There are two (2)more building lots depicted on the proposed final plat compared to the number indicated on the approved preliminary plat(32). However,the proposed final plat for Phase 2 depicted eight(8) fewer buildable lots compared to the number indicated on the approved preliminary plat. Additionally,there was one(1)less lot in Phase I than originally planned. The submitted final plat depicts the required street buffers and pathways as required by the Development Agreement(Inst. # 2021-126693)and the same amount of common open space as previously approved. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Page 1 IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: February 202 1) PRELIMINARY PU7 FOR 3; SUBDIVISION V --------------------- -- --------- w"Na'" 0 �U...... T­/ Q>_ A PLAN SHEET INDEX HEET E I TI k E L-T H=I U. I IU I IT TE LETS T EEr ENL L-T E T-LE T& I \0 I T- • %1 T, EL T,.LE ry, IT,-AR I­1T ­1 T b L1.-1T­­T--.TT­­ T--.TT iE1_1F— E > z D�11 I I T 1. ITT TI %-E.T I T T1 ET F > �F, W Te, IL EE� W x T =7- 0 L F­ TT Page 2 B. Final Plat roxcanrT SUBDIVISION AU --------- Q w till 1 ` b a...T°Mr� 111 r'_s:: �_- - � '~- :��--'off, •'�, gewr e I .O A •u•ra t s•r,r �1�,Ir ,.� V o ----- � SCALE M FEET MEND xv' m .rvr.- - _~ �•y •------^ ------ n, r ,.r urn.>ti ,• ms r uw �'sn •' mw m x i ----- ------------I • w r]Y' »x ro' ero,rmt SFS,OT �`� r•` O p ,�P • .m wm eve.u nns �. �a • .r w �°r F-T OF 1 t O ­j L nrrs �W nee C Jc/afiey Engineering,Inc. SEE MEET I OF 4 CmLEMEIMEERIMGIP MFncICADU FOR MOTES SHEET 2 OF Page 3 C. Landscape Plans(Revision date: 2/12/2024) -. IPLAur SCNepuue ,\\� +.fin- �• w i3 3N1 m wne �Y ocr�5 1 — , _ , 7 g --------------------------- N---0------- j ------®-- MOM _ z U �,aNN 11 1 -- :0-- _ .1 ----- 1 ® Z m 11 0 ----------- N y 0 Z 0 J m W 1 D 1 Ar •`y ,1,•1 1 --�- _ �BLOC�s __. JENSE J IL Q arc z -- -- L1 PLANT ee HFPA.F s S ,.....:.,.a,.=..,. . w.,.. W�E Oj SSE P1PNiIN6hiAKIN6 ®6'!.ESERw.nNG CEOPR PENCEvwwu �w exm�.n«. ,•.rna—.M. NOTES Q o w N 0. N f O51ELPGK IP.1pN OPEN VISION rgjCL. wg= ,�.�...,.—.,w„.pu,. Q ill IJ D 1 v ....��......�.�......,.a,... Q F Q d Q } e 'l "®` LANDSCAPL CALCULATIONS U J O Q X J p PLPN EF N BED ED6E mK�a� ._ .� z o rc � 4 F J�wscran Page 4 D. Common Driveway Exhibits T '. . I . I �; f ---- r` r / ---- t I + _ i . lp ; \ tea, so �x LIM AMAR - -------- >i I III WY x so as R ICJ• �AKA 3 ,ad SP I1 0. >I ±------ ----- ----- - NOEL LOT 32, BLOCK 5 SHARED ACCESS FOR LOTS 33. 34 & 35 BLOCK 5 20 a 10 2a 40 SCALE IN FEET r r Ll1YPW 1 9'..�, s1,.o.41.� ailey Engineering, Inc. 27 r—W iiuS M.,ft WAQ 2D'�SHARFO/ DRIV/}E1hAY C IV]LEHGINEERINGIPLANNINGI CAD D TYPICAL PICAL SECTKI I I'I I I!;..I:L s 111 :LL 'dhf16YLV�: _Lrrmn NOT i17 SCALE Page 5 I I I �OCK 3.0- " I I I ' SM IV I I a�-re MF I I I I r �, .• ,. ,ad II AY ----------------------- 4-------------------------......a 4 r LOT 24. BLOCK 5 .� < SHARED ACCESS FOR "' LOTS 22c 23 BLOCK 5 Q SCALE IN FEET 1.- . a r r� owe a � r ew"a ►+7GY[M lr„¢, fg,�r illy Engineering, Inc. dr_WIMA 20' SHARED DRIVE1hAY CMLENGIHEMUNGIPL4NHIHGI CAD TYPICAL SECTION +,i9��uitsnoii SMIL31U e}wu MO'T i4 SC&E Page 6 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-2020-0113 (DA Inst. #2021-126693);A-2022-0088 (Foxcroft No. 1 Pathway ALT); FP-2021-0049;A-2022-0184(CZC and DES);A-2022-0224(Foxcroft No. 2 pathway ALT); ;FP-2023-0031; ESMT-2024-0043 (Pedestrian Pathway Easement). 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(i.e.by February 13, 2026); or apply for a time extension,in accordance 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 shown in Section V.B,prepared by Bailey Engineering,by Cody M. McCammon, is approved with the following conditions to be completed at the time of Final Plat Signature: a. Plat Note#11, add a reference regarding the maintenance of the common drives. b. Plat Note#12,include recorded instrument number. c. Plat Notes#14,include recorded instrument number. d. Add Note#15, include the recorded instrument number of the existing City of Meridian Development Agreement. e. Add Note#16, include the recorded pathway easement number(ESMT-2024-0043) on the plat. 5. The submitted landscape plans,as shown in Section V.C,prepared by Bailey Engineering, with a revision date of 2/12/2024,is approved as submitted shall be revised prior to submittal of the final plat for City Engineer signature, as follows: a. Stormwater swales incorporated into required areas shall be vegetated with grass or other appropriate plant materials. Such swales shall also be signed to accommodate the required number of trees as per Section 11-3B-7 if located in a street buffer or other required landscape area in accordance with UDC 11-3B-11. b. The Ten Mile Drain shall be protected during construction of the subdivision in accordance with UDC 11-3A-6. c. Provide a detail of the covered shelter on the landscape plans submitted with the final plat for signature. 6. 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.org/WebLink/DocView.aspx?id=341644&dbid=0&r0o=MeridianC hty Page 7 C. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=343053&dbid=0&redo=MeridianC ity D. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=341787&dbid=0&redo=MeridianC Page 8 Charlene Way From: kent brown <kentlkb@gmail.com> Sent: Thursday, April 11, 2024 11:58 AM To: Stacy Hersh Cc: Bill Parsons; Bill Nary; Kurt Starman; Chris Johnson; Tina Lomeli; Charlene Way Subject: Re: Foxcroft Subdivision No. 3 Final Plat Staff Report - FP-2023-0004 lfExteurunalll Seiindeur-Please use caution with links or attachments. We have reviewed the conditions of approval and can comply with these requirements Kent Brown On Thu,Apr 11, 2024 at 9:49 AM Stacy Hersh <shersh@meridiancity.org>wrote: Good Morning, Attached is the staff report for the final plat for Foxcroft Subdivision No. 3. This item is scheduled to be on the consent agenda at the City Council work session on April 23, 2024. The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (comment@meridiancity.org) and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Best regards, Stacy Hersh I Associate Planner City of Meridian I Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208)-489-0576, Fax: (208)-887-1297 i Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request,unless exempt from disclosure by law. Kent Brown Kent Brown Planning Services 3161 E. Springwood Drive Meridian, ID 83642 P: 208-871-6842 2 v IDIAN� AGENDA ITEM ITEM TOPIC: Final Order for Jump Creek No. 7 (FP-2023-0030) by Kent Brown Planning, located at the northwest corner of W. McMillan Rd. and N. Black Cat Rd. on Parcel SO428449816 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: APRIL 16, 2024 ORDER APPROVAL DATE: MAY 7, 2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 1 BUILDING LOT ) CASE NO. FP-2023-0030 ON 3.25 ACRES OF LAND IN THE ) R-15 ZONING DISTRICT FOR ) ORDER OF CONDITIONAL JUMP CREEK NO. 7. ) APPROVAL OF FINAL PLAT BY: KENT BROWN PLANNING ) SERVICES ) APPLICANT ) This matter coming before the City Council on April 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 JUMP CREEK SUBDIVISION NO. 7, LOCATED IN THE SE 1/4 OF THE SE '/4 OF SECTION 28, TOWNSHIP 4N., RANGE 1W., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2024, HANDWRITTEN DATE: March 6, 2024, by Cody M. McCammon, PLS, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR JUMP CREEK NO. 7—FILE#FP-2023-0030) Page 1 of 3 SHEET 1 OF 4,"is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated April 16, 2024, a true and correct copy of which is attached hereto marked "Exhibit A". 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR JUMP CREEK NO. 7—FILE#FP-2023-0030) Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 7th day of May , 2024. By: Robert E. Simison 5-7-2024 Mayor, City of Meridian Attest: Chris Johnson City Clerk 5-7-2024 Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 5-7-2024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR JUMP CREEK NO. 7—FILE#FP-2023-0030) Page 3 of 3 EXHIBIT A STAFF REPORT E IDIAN�. COMMUNITY DEVELOPMENT DEPARTMENT J A H HEARING 4/16/2024 Legend DATE: - Do Project Location ' TO: Mayor&City Council ' A ILLA o FROM: Stacy Hersh,Associate Planner fu a a W 208-884-5533 w n4, HNEST p --- SUBJECT: FP-2023-0030 w wA Z W APRI ST Jump Creek No. 7 = MCM ILLAWR !- --` II a LOCATION: The site is located at the northwest corner = W w LOS of W. McMillian Rd. and N. Black Cat Z a FLORES ST Rd. on Parcel SO428449816 in the SE 1/4 - W ASTON T m of the SE 1/4 of section 28,Township 4N, Z T NA ST Range 1 W. I. PROJECT DESCRIPTION Final plat consisting of(1)multi-family residential building lot on 3.25 acres of land in the R-15 zoning district,by Kent Brown Planning. II. APPLICANT INFORMATION A. Applicant/Representative Kent Brown—3161 E. Springwood Dr,Meridian,ID 83642 B. Owner: Corey Barton, Open Door Rentals,LLC— 1977 E. Overland Rd.,Meridian,ID 83642 III. STAFF ANALYSIS The annexation,preliminary plat and development agreement for this development was approved by City Council in November of 2014(AZ-14-011,PP-14-013,DA instr. 2014-105206). The approved project allowed 318 single-family lots and two multifamily lots on 85.9 acres. Six final plats totaling 308 total lots,including seven(7)multi-family lots have been approved by the Council to date. Phase 7 marks the final phase,which involves platting one(1)additional multi-family buildable lot. On August 3, 2023,the Planning Commission approved a conditional use permit for 11 buildings and 44 multi-family units (Jump Creek South Apartments CUP,H-2023-0016). Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat and development agreement in accord with the requirements listed in UDC 11-613-3C.2. Staff Pagel 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 within the conditions noted in Section VI of this report. Page 2 V. EXHIBITS A. Approved Preliminary Plat(date: 5/30/2014) WWI.............�� ,•�Q � a �� o ka I t 2 21:21 Is !2 thk 2 11 a 2 RR Page 3 B. Proposed Final Plat(date: 3/6/2024) la PLAT SNOWNG JUMP CRPPA of lil) EYS1O.-1 ,10 LOGIIF°W—S 1/4t A g1/. w u1xa1 a■wa,a+r.,°mc wLniarn AT['IInIgA1L/GA lAw1T.IQ•N' ]iZ1 - '�c 5i •twv. � � ...e...im u. _ '' � m oxm s row ururr,rwo wo�eemn,vl umorrs IIIL {{ � i er.we dar�L vrn a WI..IMR T n•�n...n......irA�..,.o.s..n.-w.�e. /y.aWn w�af¢ - i.M a.e xw tin na �. Mnrr d'LiiP��e"•••`�"`�a� QMLEIIMrtwolPlrYNiICMIL JUMP CREEK SUBDIVISION NO.7 _......... ar m:4'3 ' I Lw rsx nrrr ov eecv°•vc INY&IIMe�II�.IRO.Q°L 5wMBnR I PLY�n01 qG0 Page 4 C. Approved Landscape Plan(date: 3/20/23) !AP-NF ^f - LANDSCAPE LEGEND PLANTSCHEDULE — _ a ° all, - _---,I _ o _ CALLOW LEGEND (ttiANDSCAPE f LAN-AREA ONE SRR��l1SHEEL LLO FOR OVERALL PROJECT PLAN 8EE SHEET L11 THROUGH LL2 FOR DETAILED LANDSCAPE PLANS. SEE SHEET L2.0 FOR LA14DECAPZ NOTES.AND PLANTING DETAIN 8EE SHEET L81 FOR FENCING PLAN AND TYPICAL SWALE DETALS Li.1 SEE SHEETS L8.0 3.1 FOR DESIGN RUDA IRRIGATION SPOGS AND DETAHA LANDSCAPE LEGEND 49 ir PLANT SCHEDULE all . I CALLOUT LEGEND y J /, NCSCAPE PLAN AREA rn0 6;;•�---.� mT�.wn Y SEE SHEET LLO FOR OVERALL PROJECT PLAN SEE SHEET LI1 THROUGH L12 FOR DETAILED LANDSCAPE PLANS. SEE SHEET L2.0 FOR LANDSCAPE NOTES.AND PLANTING DETAILS 8EE SHEET 1.21 FOR FENCING PLAN AND TYPICAL SWALE DETALS L1 Z SEE SHRRIS L&O-Al FOR DESIGN RUMM IRRIGATION SPECS AND DRTAR.� Page 5 LANDSCAPE NOTES _ . RhNTER BEO CUT ECGE - - l!'lJ i ` -, ,.•.•^F.•••,.•..^,4. 2 PERENNIAL 6 GROUNDCOVER--- .. •w'��"' "•�•""••'—'�•--•. .._._..-._.�....— PLANTING 'b `ten CONIFEROUS TREE PLANTING ..®.......—.,.. �i ,....ao.,.,W..r,..� IrRiGnrloN NOTES: BICYCLE FErAIR STATION .t Ks .--— --- Imo, DOCLAINER 7 - awDECQUOUS TREE PI AMflWi6L2.0 'Mill ! .01 zij TYPICAL PLANTING DETAIL IN DRAINAGE POND TYPICAL DRAINAGE PONDS ARE FOR REFERENCE ONLY,B3MM TO - CIVIL PLANS FOR ADDITIONAL INFORMATION AND RTGIIIB.ffiNT87r 40,k�.7;--7 I _- 0 Y,IN ENONG PLAN FENCING LEGEND a . -�.•,.- ( .$- I - >� �• 9104ETFMION ALTERNATE SEED MIX IWI ZL ' eta FOR REFERENCE ONLY ... . rL 2 1 TYPICAL DRAINAGE POND ENLARGEMENT Page 6 D. Open Space Exhibit(date: 12/12/2023) _ OPEN SPACE PLAN JUMP CFREK 57JUM51ON NO-5 k NO-7 Er ` b I, __ N[a m I I• MMe>tEMO.EN eRACf uUleeS�]ee SFRWe-e�.qA 9. .} u[e>tExl HelvelE,vN['E PHASE 7 PHASE 6 wwweNr ��, _ wNweeFNeee Imn ,eineo - �51- Pagec�0.n OP 7 E. Emergency Access Exhibit(date: 1/3/2024) JUMP CREEK NO 7 No Custom Logo Availobie and roDAT EM E RG ENCY ACC E55 EXHIBIT Caddy ur atlandprgo hCF to add your custom logo here rT� w a sl z nr w"Ho it K x a I e N W 060 D.0—51 wWphn&Si 3 EMERGENCY AC ]tSF x n A n P77t W dire .51 w fMV1 C.rpn 5>, W McMillan Rd W McMrll en Rd w mcmiRYn Rd W WM n i an RBI F e erel — �empCenef s, wr�r�sl x � x 3 $ a S wts� 1 m 43°38'49.89'N 116°26'52.80'W Mao cra c:oie rGo:mr Jan 03,2024-IandproDATAoom The materials available at this website are for informational Scale:1 inch approx inn feet purposes only and do not constitute a legal document. Page 8 VI. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The applicant is to meet all terms of the approved annexation(AZ-14-011),preliminary plat(PP- 14-013), development agreement(Instrument#2014-105206),Jump Creek No. 1 (FP-14-046), Jump Creek No. 2 (FP H-2016-0134),Jump Creek No. 3 &4 (FP H-2018-0113)Jump Creek No. 5 (FP H-2020-0003), Jump Creek No. 6(FP-2022-0004),and conditional use permit(H-2023- 0016)for this development. 2. The applicant has two years from the date of signature on the previous final plat phase(Jump Creek No.6—7/05/2025)to obtain City Engineer's signature on this 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. Revise the notes on the face of the plat prepared by Bailey Engineering,Inc., dated 3/6/2024, prior to signature on the final plat by the City Engineer, as follows: a. Note#6: Include recorded instrument number. b. Note#11: Replace the words"private street"with drive aisle and include recorded instrument number. c. Note#12: Include recorded instrument number d. Note#13: Include recorded instrument number. e. Note#14: Include recorded instrument number. f. Note #15 Replace the words "City Of Meridian Permanent Easement" and replace with "Permanent Landscape Buffer,remove the reference to an instrument number. g. Depict Lot 2,Block I located on the north boundary of this site, as platted with the first phase of the Jump Creek Development. Additionally, provide documentation confirming the right to use this lot for access. 5. The landscape plan prepared by South Beck&Baird, dated 3/20/2023, included in section V.C, shall be revised as follows: a. Depict the width of the 10-foot wide multi-use pathway within the landscape buffer along N. Black Cat Road, from W. Daphne Street to the intersection at McMillian Road per the Master Pathways Plan on the plans. If the pathway will be located entirely within the right-of-way, a public pedestrian easement is not needed. b. A 5' wide landscape strip is required on both sides of the pathway planted with a mix of trees, shrubs, lawn and/or other vegetative ground cover in accordance with UDC 11-3B-I2C. Additionally, obtain approval from NMID to permit the trees and landscaping within their easement along the lateral. 6. All fencing shall be installed in accordance with UDC 11-3A-7. 7. Stormwater integration facilities shall comply with the standards listed in UDC 11-3B-11C. 8. A public use easement for the pedestrian pathway shall be submitted to the Planning Division prior to submittal for City Engineer's signature on the final plat(s). Page 9 9. 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 for more information. 10. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15,UDC 11-3B-6 and MCC 9-1-28. 11. The Applicant shall comply with all ACHD conditions of approval. 12. Prior to the issuance of a building permit,the final plat shall be recorded. 13. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. 14. Future multi-family units constructed within the subdivision must substantially comply with the submitted elevations approved with the conditional use permit. 15. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. B. PUBLIC WORKS No Comments received C. MERIDIAN FIRE DEPARTMENT(MFD) https:llweblink.meridianciU.oL-glWebLinkIDocView.aspx?id=340404&dbid=0&repo=MeridianC i &cr=1 D. MERIDIAN PARKS DEPARTMENT https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=340414&dbid=0&r0o=MeridianC ky E. IDAHO TRANSPORTATION DISTRICT(ITD) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=340567&dbid=0&repo=MeridianC iv F. SETTLER'S IRRIGATION https:llweblink.meridiancily.or- /WebLink/DocView.aspx?id=340567&dbid=0&repo=MeridianC G. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=341477&dbid=0&repo=MeridianC Page 10 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Hadler Subdivision No. 1 (FP-2024-0002) by Ben Thomas, Civil Innovations, PLLC., located at 7200 S. Locust Grove Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: APRIL 23, 2024 ORDER APPROVAL DATE: MAY 7, 2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 51 BUILDING ) CASE NO. FP-2024-0002 LOTS AND 5 COMMON LOTS (1 ) COMMON DRIVEWAY AND 4 ) ORDER OF CONDITIONAL LANDSCAPE) ON 9.74 ACRES OF ) APPROVAL OF FINAL PLAT LAND IN THE R-15 ZONING ) DISTRICT FOR HADLER ) SUBDIVISION NO. 1. ) BY: BEN THOMAS, CIVIL ) INNOVATIONS, PLLC APPLICANT ) This matter coming before the City Council on April 23, 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 ARTISAN VICTORY MARKET, LOCATED IN THE N %2 OF THE SW '/4 OF SECTION 5, TOWNSHIP 2N, RANGE 17, MERIDIAN, ADA COUNTY IDAHO, 2024, STAMPED BY MICHAEL S. BYRNS, PLS, SHEET 1 OF 5," is conditionally approved subject ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR RADLER SUBDIVISION NO.1 FP-2024-0002 Page 1 of 3 to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated April 23, 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. 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- ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR RADLER SUBDIVISION NO.1 FP-2024-0002 Page 2 of 3 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 7th day of May , 2024. By: Robert E. Simison Mayor, City of Meridian 5-7-2024 Attest: Chris Johnson 5-7-2024 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 5-7-2024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR RADLER SUBDIVISION NO.1 FP-2024-0002 Page 3 of 3 EXHIBIT A STAFF REPORT C�WEIIQ!iv�-- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 4/23/2024 Legend DATE: ' E'Project Location TO: Mayor&City Council FROM: Linda Ritter,Associate Planner --- 208-884-5533 SUBJECT: FP-2024-0002 ; Hadler Subdivision No. 1 -FP LOCATION: Located at 7200 S. Locust Grove Road, approximately 1/2 mile south of the ; Locust Grove and Lake Hazel intersection on the east side of Locust Grove, in the N 1/2 of the SW 1/4 of - Section 5,Township 2N,Range 1 E. I. PROJECT DESCRIPTION Final Plat consisting of 51 building lots and 5 common lots(1 common driveway and 4 landscape) on 9.74 acres of land in the R-15 zoning district for Hadler Subdivision No. 1. II. APPLICANT INFORMATION A. Applicant: Ben Thomas, Civil Innovations,PLLC— 1043 E. Park Blvd, Ste. 100,Boise,ID 83712 B. Property Owner: Laren Bailey, Conger Group—4824 W. Fairview Avenue, Boise, ID 83706 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-0064) as required by UDC 11-613-3C.2. The submitted final plat is for the first phase of construction for the approved with the preliminary plat; therefore,the proposed plat is in substantial compliance with the approved preliminary plat as required. Page 1 IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this staff report. V. EXHIBITS A. Preliminary Plat(dated 11/01/2022) HAULER SUBDIVISION l uGnwuGrPur _ ,...._...,....,,..,..,.,.....� ...,. _._ a.uu• x � .Y._aka _-------------------- i ———— —————— I —-----------I L III �^ •� � _'"0.� ., a• ,,�,' �� ¢ -�; ----•----- ---- ----�----•— -•--- ----•-- --- Page 2 B. Final Plat(dated: 3/13/2024) NO Showing Hadler Subdivision No. I x A Portion of Out" Rlok 1,Re-sane flanah Suhdirision, Sftllatwd in the Northwest puortwr of the Southwest C.,[er of Sxtlan 5, Township 2 Nnrth,Rwge 1 Eost,Bois¢Meridian,City of Meridian,Ada County,Idaho. .]L 20R4 7C se seevsvr nnwow c w seb.w u. © 0000c� 00000©oo o0000000000 � Sea> ' '� $ I� ® 14+H000 © o ® o wd 14, Lw ue'�•®se�u�� _ ar.er...e....r Sock Pogo SvRv1•Y GROUP LLC Hadler Subdivision No. l A _ .—.—_—_—_—_—_—_—_—_—_—_—_--s ---—.—.—. - r._ y a - -----------� -- — I $) 'n9 o 0 '°p0 OO IO 'I O _© Q Q'1 � pl� swrr.w• ff - - �.., • �........ .... �w Trm �n • i � h w� f �.. ; Bm� Py IpAHO ...�w -A- SURVEY CROW LLC �"""•"O'^"m' Page 3 Hddler Suhdiymon No. I ------------------ �------------- --- ----------- ------f--T--- — -------------------I-- ------- (D if N ..................I LJ Z�- 4a L7,i UEEW SV jEGFiO:UP:LAC MIX— Hadler Subdi vzsion Not I A — -I Page 4 I{adfer Subdivision No. I wam caamx. 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Landscape Plans(date: 3/13/2024) HATJ = _ ==___= Ind a ---- - T E " HADLER � - - - - -- ----�--- i NO. 1cc z a 2 �ovewi w�ec� «»LO - - If I I � O iii n x71 UM �Q lil 4YI +���:•�� .:r',✓r.�c�—•�-' -,,. ��,T'v:T'r'.. �•rti• J �� 4 13fH �I a� KEY MAP «y'Liv Page 6 T. L 1� � . . 9� Lo m—4 ..«. rn z 5 w ¢ n O� KEY MAP - �.L2 M PLANT SGNGDULC-- 7T =Mlar ILI ....e,. ��® ...Z.. NOTES Z �W� ��,,.......�e ..».ate ,.'�`.�...,�:�.��.,..,�.,... •: :M. m��� co Lu eras�,wriws�y..�..� 0� ... .,...�.....�.�..»d.�...........« ¢Z ..,�„e«,.....,........s..�. C DSCA•....CALrULATI NS ww.......,PM = r �: A.. LANDSCAPE GALGULATIONB sxsa9ki- mrxsa ~L3 Page 7 D. Open Space Exhibit(1/30/2024) HALE Exhibit E— Open Space Open Space—The Hadler Neighborhood will provide 3.51 acres of landscaped common area,including a large neighborhood park i2+AC.)and an amazing 2,446 L F.of regional pathway that will extend and connect the City of Meridian Regional Pathway System, landscaped interior pathways, landscaped end caps on each black,and landscaped arterial and collector street frontages.The area of Qualifying open space equals 3.51 AC. (17.6%),which far exceeds the City Code requirement of 15%. ri K IF HATCH LEGEND _ BUILD ABLE LOTS _ QMIFIEDOPEN SPACE _ GRALIFIEDOPEN SPACE(ARTERL{LBUFFEM i OLILLIFIEDOPEN SPACE(ODLLEG-W BUFFER} MON-GUALFIEU WiN SPACE PUBLIC RIGHT-OF-WAY Page 8 E. Common Drive Exhibit(dated 3/12/2024) mum F-ft mum[M. r-SEIMACKLDE OT LIME ELOCK I MVID4 I 0M) r 1 3AR k I 7- &W SM 3.W Me 3w PH LOCK 1 DRIENTAT" I I aplFWATION I I MENTON k MENTATION k' 'I OMffATM RIENTATION MvI I I I p J -j .. . ............ ........... L MADUR OL 12.* M 2M 2010 OUILLING BLOW 0 N1 t MUILINNO OFUMATM RIENTATIO ORIENTATION is k BLOCK t p r ------------- — FIL 0% C 0 HORIZONTAL SCALE IN FEET PFWJKT NIL zl-wu;LRDL DW FLE DRKWAY DEWMay aT HADLER SUBDIVISION NO. I CIVIL INNOVATIONS, PLLC DAmffl &T WEAWN.10"D 3 L PARK BLVD M I* :FECKEDBY iT DDEEMBP12 &U-DVE 01-12-M PKNE.rdff)ffi441Bl K&E A5 Etm SHARED DRIVEWAY EXHIBIT �FEET IGH Page 9 ConceptualF. i i iY � r!! e■ fi II ■� 11 -1! ■■ ■ 1 If A --- � !f i I�� � ate:i a��Ea�� III �r I ■■ ■� A 11!1 �� ��'N I Igl II�1 �a a a.%#r saa���I '��°" I�II.1�1�1�i I�':IA■lAl�l�1 n I�iAl�lln._I I=; I�I�I,� ,Oil r■AID 1f� I r —1l!1� - --__ rt■M.M. J _ r a `w r: 1+ isl }�it.� .I�� �'1-'��I�I11�.11 �1'� •� ` 1 i '�.�!�l�,r ''� f'Y Page VI. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Applicant shall comply with all previous conditions of approval associated with this development: H-2022-0064 (AZ,PP) and DA Inst. #2023-023846. 2. The final plat shown in Section V.B,prepared by Idaho Survey Group,LLC, stamped on 1/3024 by Michael S. Byrns, shall be revised prior to signature on the final plat by the City Engineer,as follows: a. Note#10: Include the recorded instrument number of the City of Meridian water easement. b. Note#11: Include the recorded instrument number of the City of Meridian sewer and water easement. c. Note#12: Include the instrument number for the ACHD permanent easement. d. Note#13: Include the instrument number for the temporary blanket ACHD access easement. e. Note#14: Include the instrument number for the ACHD license agreement. f. Consistent with ACHD conditions of approval,provide traffic calming measures along E. Hadler Drive to help mitigate its long and straight design. 3. The landscape plan prepared by Jensenbelts Associates,dated March 13,2024, is approved as submitted. 4. All common driveways shall meet the requirements of 11-6C-2-D including a perpetual ingress/egress easement being filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. 6. All fencing shall be installed in accordance with UDC 11-3A-7. 7. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 8. The Applicant shall comply with all ACHD conditions of approval. 9. The Applicant shall ensure the irrigation ditch along the north boundary is tiled and/or relocated consistent with UDC 11-3A-6 standards. 10. Provide a pressurized irrigation system consistent with the standards as set forth in UDC I I- 3A-15,UDC 11-313-6 and MCC 9-1-28. 11. Prior to the City Engineer's signature on each final plat, a 14-foot wide public pedestrian easement shall be submitted to the Planning Division and recorded for the multi-use pathways along S. Locust Grove and E.Via Roberto as required by the Park's Department,unless ACHD requires an easement within their right-of-way. 12. Prior to applying for building permits,Administrative Design Review is required to be submitted and approved by the Planning Division for the proposed single-family attached units. Page 11 13. Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. B. PUBLIC WORKS https:llweblink.meridianciU.org/WebLink/Doc View.aspx?id=341618&dbid=0&repo=MeridianC C. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciU.ofglWebLinkIDocView.aspx?id=343052&dbid=0&repo=MeridianC Lty D. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancity.or lWebLink/DocView.aspx?id=278590&dbid=0&repo=MeridianC hty E. BOISE PROJECT BOARD OF CONTROL https:llweblink.meridiancity.org/WebLink/Doc View.aspx?id=343659&dbid=0&repo=MeridianC hty Page 12 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Taylor Annexation (H-2023-0062) by Robert Taylor, located at 3840 E. Overland Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-~' AND DECISION&ORDER In the Matter of the Request for Annexation 1.01 acres of land with an R-2 zoning district for the purpose of complying with the terms outlined in the consent to annex agreement for the existing home that is already connected to City utilities,by Robert Taylor. Case No(s). H-2023-0062 For the City Council Hearing Date of: April 23, 2024 (Findings on May 7, 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of April 23,2024,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of April 23, 2024,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of April 23, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of April 23,2024, 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(TAYLOR ANNEXATION-FILE#H-2023-0062) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 23,2024, 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 is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 23,2024, 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 § 67-652 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 April 23, 2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TAYLOR ANNEXATION-FILE#H-2023-0062) -2- By action of the City Council at its regular meeting held on the 7th day of May , 2024. COUNCIL PRESIDENT LUKE CAVENER VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 5-7-2024 Attest: Chris Johnson City Clerk 5-7-2024 Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-7-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TAYLOR ANNEXATION-FILE#H-2023-0062) -3- EXHIBIT A STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT I D A H O HEARING April 23, 2024 Legend DATE: - - -- ---- ----- ElProject Location TO: Mayor&City Council a FROM: Stacy Hersh,Associate Planner 208-884-5533 e F�J SUBJECT: Taylor Annexation AZ G lD--- H-2023-0062 Eigh' ,---E 0 LAND=Rl ---- LOCATION: 3840 E.Overland Road in the Southeast 1/4 of the Southwest 1/4 of Section 16, �� Township 3N,Range lE(Parcel #R4626240475) I. PROJECT DESCRIPTION Annexation of 1.01 acres of land with an R-2 zoning district for the purpose of complying with the terms outlined in the consent to annex agreement for the existing home that is already connected to City utilities. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.01 acres Annexation Future Land Use Designation Mixed Use Regional(MU-R) Existing Land Use I No change,continue existing single-family residential use Proposed Land Use(s) Single-Family detached residential Current Zoning 1 Single-Family residential zone(RI)in Ada County Proposed Zoning R-2(Low Density Residential) Lots(#and type;bldg/common) 1 building lot Phasing plan(#of phases) N/A Number of Residential Units(type N/A of units) Neighborhood meeting date 08/24/2023 Pagel EXHIBIT A B. Community Metrics Description I Details Page Ada County Highway District • Staff report No (yes/no) • Requires No ACHD Commission Action es/no • Existing Existing curb,gutter,and sidewalk. Conditions • CIP/IFYWP PROJECT: South Meridian Improvements B- Overland Rd and Eagle Rd Project Description: Widen intersection to 7-1anes on Eagle Rd and 9-lanes on Overland Rd as per the 2020 CIP. Project to be done in coordination with the Idaho Transportation Department. Project Manager: choman -Cady Haman Design Year: 2025 Right-of-Way Year: Future Construction Year: FUT Project#: IN218-04 Access(Arterial/Collectors/State Overland Road is classified as a principal arterial roadway. H /Local)(Existin and Proposed) Proposed Road Improvements None Fire Service No comments received Police Service No comments received. Wastewater • Distance to Sewer Services No changes in public sewer infrastructure shown in record. Any changes must be approved by Public Works. • Sewer Shed • Estimated Project Sewer ERU's • WRRF Declining Balance • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns None Water • Distance to Services Water available at site. • Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality Concerns None Page 2 EXHIBIT A • Project Consistent with Yes Water Master Plan • Impacts/Concerns None C. Project Maps Future Land Use Map Aerial Map Legend 0 Legend Project Location n � � z AI El Project Location - ,,, � J LA LA LU N N r .r r 6. 1J D +� r LA E"F < .- - - ••fir rr - i ® I. r r Eigfjf } 0 . L-AND.RD � -- __ 3 3 w N — a� 0 Q E -f t ESPERANTOI ST /���n Medium Density' n Residential { Zoning Map Planned Development Map Legend R-40 0 Legend - - -- ---------- !!/1Project Location Project Location zi City Limits o' 2 R1 —Planned Parcels w J_ e e C I C E O LAND RD E;— —E O LANDeRD ------ gh C-C low �P C-G 3 E aa� 10 S o- ESPERANTO ,p p� sC F. O ST 0 Ln R-15 III. APPLICANT INFORMATION A. Applicant: Robert Taylor,Owner—3840 E. Overland Road,Meridian,ID 83642 Page 3 EXHIBIT A B. Owner: Robert Taylor,Owner—3840 E. Overland Road,Meridian,ID 83642 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification 4/3/2024 published in newspaper 2/5/2024 Radius notification mailed to 4/5/2024 property owners within 500 feet 3/l/2024 Public hearing notice sign posted 4/11/2024 on site 3/10/2024 Nextdoor posting 3/4/2024 4/3/2024 V. COMPREHENSIVE PLAN ANALYSIS LAND USE:This property is designated as Mixed Use Regional(MU-R) on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. The purpose of this designation is to provide a mix of employment,retail,and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential,and to avoid predominantly single-use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses.For example,an employment center should have supporting retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the development. The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted. Due to the presence of an existing home on this property with the intention to maintain its residential use,an R-2 zoning district is requested as a"placeholder"zoning district until the property redevelops in the future. Opting for a zoning district within the Mixed-Use Regional(MU-R)designation would create a non- conforming use. For example, a single-family residential dwelling on an acre is not a permitted use in a commercial zoning district and it fails to meet density requirements for an R-15 or R-40 zoning district, which is not preferred. Prior to re-development, a rezone should be requested and development proposed consistent with the Commercial FLUM designation. COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /�comp lan): 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 diverse housing options suitable for various income levels,household sizes, and lifestyle preferences. (2.01.01) The Plan aims to integrate mixed-use by incorporating a variety of uses, including residential. Residential uses should comprise a minimum of 10%of the development area, with gross densities Page 4 EXHIBIT A ranging from 6 to 40 units/acre. The current application seeks annexation of the property into the City to comply with the terms outlined in the consent to annex agreement,particularly due to the existing home already connected to City utilities. Specifics regarding the housing types and density will be addressed with future development. Given that the residential would be in a mixed-use center and at a higher density, it would likely lead to diversity in housing satisfying this goal. • "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 the existing home is already connected to City utilities in accordance with UDC 11-3A-21. • "Support infill development that does not negatively impact the abutting,existing development. Infill projects in downtown should develop at higher densities, irrespective of existing development." (2.02.02C) The proposed development will not likely impact the existing abutting developments to the east, west, and north, as they are all residential uses currently zoned R1 in Ada County. • "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." The existing home has already abandoned the existing septic system and is connected to the City wastewater system. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 1.01 acre parcel,including the adjacent right-of-way to the section line of E. Overland Road with an R-2 (Low-Density Residential)zoning district.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. The reason for annexation is the water table for the existing well on the single- family residential property failed late last year and the Applicant had to hook-up to City water and sewer service.No new development or redevelopment of the property is proposed at this time and the use will remain residential for the foreseeable future. The Applicant entered into an agreement with the City for extension of domestic water and sewer service outside Meridian city limits for the subject property(Inst. #2023-037612). This agreement allowed the property to hook up to City water and sanitary sewer service with disconnection from the private well and septic system. A provision of the agreement requires the property owner to apply for annexation of the property into the City as proposed with this application. Single-family detached dwellings are listed as a principally permitted use in the R-2 zoning district per UDC Table 11-2A-2. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with the Comprehensive Plan and the land use desired for this property,Staff recommends a Development Agreement as a provision of annexation pursuant to Idaho Code Section 67-6511A,which requires the property to be rezoned and the agreement modified to include a conceptual development plan prior to any change in use and/or development of the property. Page 5 EXHIBIT A Dimensional Standards(UDC 11-2): The proposed existing house appears to comply with the dimensional standards of the district. Access: Access to this property is currently from E. Overland Road. With future redevelopment of the property, access via E. Overland Road and interconnectivity with adjacent properties will be evaluated in accordance with the provisions listed in UDC 11-3A-3. 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. The existing home does not meet the required number of off-street parking spaces per UDC Table 11-3C-6 for a three(3)bedroom home; four(4)parking spaces are required, at least 2 in an enclosed garage,other spaces may be enclosed or a minimum 10-foot by 20-foot parking pad. The existing home does not have an enclosed two-car garage;however,there is an existing 30-foot by 20-foot driveway. The existing home is recognized as non-conforming due to the off-street parking requirements in UDC 11-3C-6. Per UDC 11-IB-4,no existing structure containing a nonconforming use may be enlarged, extended, constructed, reconstructed, moved, or structurally altered except through the approval of a conditional use permit. As a result of the non-conformity,the Applicant is required to apply for a Conditional Use Permit for any future expansions on the property or attain compliance by constructing a new two-car garage(see figure below). Sidewalks(11-3A-17): Overland Road is improved with an existing 7-foot wide attached concrete sidewalk abutting the site in accordance with UDC standards. Staff is not recommending that this sidewalk be replaced with and 7-foot detached sidewalk. Pathways(UDC 11-3A-8): The Meridian Pathways Master Plan Map indicates a planned pathway on the north side of the Five Mile Creek to be constructed by the City in the future. The Applicant should submit a dedicated easement for the pathway to the City. Easements shall be a minimum of 14' wide(10'wide pathway+2' shoulder on each side). Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accordance with UDC 11-3A-21. The Applicant entered into an agreement with the City for extension of domestic water and sewer service outside Meridian city limits for the subject property(Inst.#2023-037612). The Applicant is currently connected to City utilities. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. The Applicant is not proposing fencing with this application. Page 6 EXHIBIT A VII. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on March 21,2024.At the public hearing,the Commission moved to recommend approval of the subject Annexation requests. 1. Summary of Commission public hearing_ a. In favor: Robert Taylor,Owner b. In opposition:None c. Commenting:None d. Written testimony:None e. Staff presenting application: Stacy Hersh,Associate f. Other Staff commenting on application:None 2. Key issue(s) testimony a. None 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)for City Council: a. None C. The Meridian City Council heard these items on Apri123.2024. At the public hearing.the Council moved to approve the subject Annexation reauest. I. Summary of the City Council public hearing: a. In favor: Robert Taylor.Owner b. In opposition: None c. Commenting.None d. Written testimony:None e. Staff presenting application: f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. None Page 7 EXHIBIT A VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map CE:NTURIOH E:NGrnE:E:RS, INC. Consullling Engineers,Larid Survlilyors,Planners 2323 S. Vista Av@ St!! 20S Bohs,e, ID 83705 T!!lephon!I 209.:34:3.3:381 I www.oeniengr.com 1N 0- Annexation &Zone Land Description For: Robert Taylor D;,oember 27, 2023 Lot 3,Brock 2 of Jewell SUbdivlslon as shown in Book:34 of Pf!ats at Pages 2056&2057 recotds,Ada County,Idaho and i:idjQining rigllt-of-way.Situale in the Southeast Quarter or the Southwest Quarter of Section 16,TownshEp 3 Norttl,Range 1 IEast,Boise Meridian,Ada County,Idaho being m,ore particularly desc,ibed as follows: Commencing at the south qual rter corner of said Section 16:!hence S89"59'4s-\IV,483.11 feet along the southenly boundary of the soulhwest quarter of said Se ion 16 tol he Poirrl of Beginning, Thence f400"00'00"E,.439.85 feet along the easterly boundary of said Lot 3(as extended 10 Nie soulherty bounoory or the r.oulhea.st quarler of the soiuthwtWt quarter)to tho northeast wrner of said Lot 3: Thence N90"00'00'W.t00 feel along the nol'lherly boundary or said Loi.3 to he nonhwesl com.er of said lot 3; Thernce S00"'00'00"E, 439.86leet along tile westerly bol„mi;lary of said!.o"I 3 (as extended to the soutnerly boundary of the southeast quarter of the soulhwesl quarter)to a point which bears N89'59145"E,749.26 fii!el it om the southwest comer of the wl.ltheast qua.rte,of he soulhwe-sl quarter of said Seclion 1,s,and which point also bears 589°59'1 o"E,1,332..50fest from the southwest section corner of saict Section 16: ihence NB9"5!t45"E, i 00.00 feet to the Point of B inning. Containing 1.01 acres,more or ress. This descripti.on was prepared from infol malion of record in the office of the Ada County, recorder.Jewell Subdivision Book:34,Pages 2056&2057 and Recon:1 of Survey No.8191.A nsw land survey was riot performed. 11 he basis of bearing for 11lis desoript n is said Jewell Subdil1 ision. / A,rr tf � i` 4116 0 OF IV Page 8 N - Cl O , z Qo cD w. p�.�o Nn 0 (�D C) �O `G cl- p Nv Nco oo cQo O^.p� m.� O M. �;Orn 0O 7' 0 oDopm`�om w m_ C o 3Fr LZ z � L o° CD N CD w CD C� y m $ f� CD m Criz �in I-' O• _ 0 a O (n o c o o — o= 0- L�CD d)V N 6 3 O O A CD O zmp '75 CD 3 3 6�6 .. D� C7 N O N WZ 7 = o Fo (D O W y m o c)in- cn p ov 1' a„ S ; C) O O S = en 07 se � S rn Nth Page 9 EXHIBIT A B. Site Map Zoo 4A_ f ILI Page 10 G i r I. ` � Rs Page EXHIBIT A 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. Prior to any change in use or redevelopment of the subject property, a rezone to a commercial and/or a higher density residential zoning district and a modification to this agreement shall be requested to include a conceptual development plan consistent with the Mixed-Use Regional Future Land Use Map(FLUM) designation and guidelines in the Comprehensive Plan. b. Future development of this site shall be consistent with the applicable standards in the city of Meridian's Unified Development Code. c. As a result of the non-conformity to the existing home due to the off-street parking requirements in UDC 11-3C-6,the Applicant/Owner is required to apply for a Conditional Use Permit for any future expansions on the property or attain compliance by constructing a new two-car garage. d. The Applicant shall submit a dedicated easement for the future pathway along the north side of the Fivemile Creek for the length of the property to the City. Easements shall be a minimum of 14' wide(10'wide pathway+2' shoulder on each side). B. PUBLIC WORKS No comments,Applicant has signed the agreement for extension of domestic water and sewer service outside Meridian City Limits(Inst. #2023-037612) and connected to City utilities. C. PARK'S DEPARTMENT https://weblink.meridianciN.org/WebLink/DocView.aspx?id=331534&dbid=0&repo=MeridianCitX D. ADA COUNTY DEVELOPMENT SERVICES(ACDS) https://weblink.meridianciM org/WebLink/DocView.aspx?id=332238&dbid=0&repo=MeridianCity&cr =1 E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:Ilweblink.meridiancit .00rg/WebLink/DocView.aspx?id=331968&dbid=0&repo=MeridianCitX F. IDAHO TRANSPORTATION DEPARTMENT(IT'D) https://weblink.meridiancioy org WWebLinkIDocView.aspx?id=332554&dbid=0&repo=MeridianCitX Page 12 EXHIBIT A 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; Stafffinds annexation of the subject property with an R-2 zoning district and requirement for the property to redevelop in the future consistent with the Mixed-Use Regional future land use map designation in the Comprehensive Plan is appropriate for this property(see Section V for more information). 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Stafffinds the proposed map amendment to the R-2 zoning district is consistent with the purpose statement for the residential districts in UDC 11-2B-1, 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; Stafffinds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential use 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 Stafffinds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city. Stafffinds the proposed annexation is in the best interest of the City. Page 13 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement (Linder Condos H-2022-0091 & H-2023-0074) Between City of Meridian and Greg Herman for Property Located at 300 N. Linder Rd. ADA COUNTY RECORDER Trent Tripple 2024-024264 BOISE IDAHO Pgs=47 VICTORIA BAILEY 05/08/2024 08:44 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Greg Herman, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 7th day of May ,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 Greg Herman, whose address is 300 N. Linder Road, Meridian, ID, 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-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 0.98 acres of land with a request for the I-L(Light Industrial)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 submitted a subsequent request for modification to the Development Agreement prior to execution of the original Development Agreement to allow additional uses on the Property and update the conceptual development plan and building elevations; and, 1.6 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 1.7 WHEREAS, the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council includes responses of DEVELOPMENT AGREEMENT—LINDER STORAGE CONDOS(H-2022-009])/LINDER CONDOS MDA H-2023-0074 Page 1 of 8 government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and 1.8 WHEREAS, on the 20th day of June, 2023, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("June 20, 2023 Findings") with respect to the original Development Agreement application,which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.9 WHEREAS, on the 26th day of March, 2024, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order("March 26,2024 Findings")with respect to the request for modification to the original Development Agreement, which have been incorporated into this Agreement and attached as Exhibit"C"; and 1.10 WHEREAS, the Owner/Developer is required to enter into a Development Agreement before the City Council takes final action on final plat; and 1.11 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 1.12 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring 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 Greg Herman,whose address is 300 N. Linder Road, Meridian, Idaho, 83642, hereinafter called DEVELOPMENT AGREEMENT—LINDER STORAGE CONDOS(H-2022-0091)/LINDER CONDOS MDA H-2023-0074 Page 2 of 8 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 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 plans included in Section VIII of the Staff Report attached to the June 20, 2023 Findings, as modified by Section VII of the Staff Report attached to the March 26, 2024 Findings; Unified Development Code standards; design standards in the Architectural Standards Manual; and the provisions contained herein. b. Comply with the specific use standards for warehouse facilities (UDC 11-4-3- 42), self-service storage facilities (UDC 11-4-3-34), flex space facilities (UDC 11-4-3-18), and the standards for self-service uses in UDC 11-3A-16, as applicable. c. The existing driveway via N. Linder Rd. Shall be closed and a new driveway constructed in alignment with the driveway on the west side of N. Linder Rd., unless otherwise approved by the City and ACHD. d. A driveway stub shall be constructed to the northern property line and a cross- access/ingress-egress easement granted to the property to the north(Parcel #R3579000015) in accord with UDC 11-3A-3A.2. A copy of the recorded easement should be submitted to the Planning Division with the Certificate of Zoning Compliance application for the proposed use. e. A driveway stub shall be constructed to the southern property line and a cross- access/ingress-egress easement granted to the property to the south (Parcel #R3579000025) in accord with UDC 11-3A-3A.2. A copy of the recorded easement should be submitted to the Planning Division with the Certificate of Zoning Compliance application for the proposed use. DEVELOPMENT AGREEMENT—LINDER STORAGE CONDOS(H-2022-0091)/LINDER CONDOS MDA H-2023-0074 Page 3 of 8 f. A 5-foot-wide buffer shall be provided to the residential land use to the north (Parcel#R3579000015), landscaped per the standards listed in UDC 11-313-9C, as approved by City Council with consent from the property owner to the north. Note: The City Council approved a reduced buffer width from 25 feet to 5 feet. g. Mitigation is required for existing trees on this site that are removed as set forth in UDC 11-3B-10C.5. h. Storage facility hours of public operation, if developed on the site, shall be limited to 6:00 a.m. to 11:00 p.m. as set forth in UDC 11-4-3-34E as long as the property abuts a residential district. i. Future structure(s) on the site shall comply with the non-residential design standards in the Architectural Standards Manual for commercial districts (i.e., CD). j. The existing irrigation ditch on the eastern portion of the site shall be piped or otherwise covered as set forth in UDC 11-3A-6. k. A flood plain development permit with base flood elevations and flood protection elevations shall be required with a future development application. 6. COMPLIANCE PERIOD If this Agreement has not been fully executed within six (6) months after the date of the March 26, 2024 Findings, the City may, at its sole discretion, declare the Agreement 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 DEVELOPMENT AGREEMENT—LINDER STORAGE CONDOS(H-2022-0091)/LINDER CONDOS MDA H-2023-0074 Page 4 of 8 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. 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, DEVELOPMENT AGREEMENT—LINDER STORAGE CONDOS(H-2022-0091)/LINDER CONDOS MDA H-2023-0074 Page 5 of 8 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: Greg Herman 300 N. Linder Rd. Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 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—LINDER STORAGE CONDOS(H-2022-0091)/LINDER CONDOS MDA H-2023-0074 Page 6 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—LINDER STORAGE CONDOS(H-2022-0091)/LINDER CONDOS MDA H-2023-0074 Page 7 of 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER; Greg Herman STATE OF IDAHO } . ss: County of Ada ) On this_jV day of ,2024,before me,the undersigned,a Notary Pub is in and for said State, personally appeared Greg Herman, mown 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 sea] the day and year in this certificate first above written, CANDACE A JOHNSTON COMMISSION#9036 � NOTARY PUBLIC Notary Public STATE OF IDAHO My Commission Expires: MY COMMISSION 1�^- .��R EXPRES 11RB2029 I - - CITY OF MERIDIAN ATTEST: By; Mayor Robert E. Simison 5-7-2024 Chris Johnson, City Clerk 5-7-2024 STATE OF IDAHO ) ss County of Ada } On this _7th day of_M4y , 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 m the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. fN 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—LINDFR STORAGE CONDOS(H-2022-0091)ILINDER CONDOS YtDA H-2023-0074 EXHIBIT A T ACCURATE SURVEYING & MAPPING rFR u c`� Job No. 22-171 Annexation Land Description A parcel of land being Lot 4 of Heppers Acre Subdivision, Book 19 of Plats, Pages 1298 and 1299, Records of Ada County, and a portion of North Linder Road, lying within the Southwest Quarter of the Southwest Quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the found 4 inch aluminum cap monument in asphalt, labeled PLS 1029, at the Southwest corner of Section 12, T.3N., R.1 W., B.M, from which the found 3 inch brass cap in asphalt, labeled PLS 5082, at the Quarter corner common to sections 11 & 12, T.3N., R.1 W., B.M., bears N 00' 31' 39"E a distance of 2645.87 feet, thence N 00' 3 F 39"E along the section line a distance of 922.75 feet to the REAL POINT OF BEGINNING. Thence N 00' 31' 39" E along said section line and the centerline of North Linder Road for a distance of 120.00; Thence S 88' 13' 52"E for a distance of 356.62 feet to the Northeast corner of said lot 4, witnessed by a set 5/8"iron pin with a 2 inch aluminum cap labeled PLS 11463, which bears S 00' 38' 53" W a distance of 1.00 feet; Thence S 00' 38' 53" W along the East line of said lot 4 for a distance of 120.00 feet to a found 5/81h inch iron pin with a plastic cap labeled PLS 12025 at the Southeast corner of said lot 4; Thence N 88' 13' 49" W along the South line of said lot 4 for a distance of 356.37 feet to a found '/2 inch iron pin with plastic cap labeled PLS 11463 to the REAL POINT OF BEGINNING. Said parcel contains 0.982 acres or 42,770 square feet, more of less. � D ST r 11463 d) 2 •r�•23 0 y� OF AN J. 1520 W. Washington St., Boise, ID 83702 ■ Phone: 208-488-4227 ■ www.accuratesurveyors.com o OD O zo z6 l r a Z G7 O O C) n� ~r ~� f Z 2 o"a a 2 Do a2 '; -� I 1. rn OZZZ u cn- v,v, O U) co I. G) ~ 2 -� 'u-0 O r o� � n c 2 O w wy r'lC) �2 y _ BASIS OF BEARING N 00 31'39" E 2645.87' z N� DoZ N 922.75' 0 120.00 1603.98' o\I N = p o co ' co N. LINDER RD. ��'i 0 "' �' -+ 03 No rri 0 Do z C) -n --,C) Zi I C = ZLo i D O ry En (� O I � o� � J v co �"Z m N cl • Nv v Q� H- co p C it T Q b � o Qi � T PRcz � C > oo �yaN � G c o D — Z O to N n o Z � ai � r iv -o N0) W ° °° ° 120.00' ��� 9yo CJ =, S 00'38'53" W N 0 Zm EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW CVIENty AND DECISION &ORDER In the Matter of the Request for Annexation of 0.98-acre of Land with an I-L(Light Industrial) Zoning District; and Vacation of the 30-foot Wide Easement along the East Boundary of the Property for Linder Storage Condos,by EVStudio. Case No(s). H-2022-0091 For the City Council Hearing Date of: June 6,2023 (Findings on June 20, 2023) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 6, 2023,incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 6, 2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 6, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 6,2023, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning snaps 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 LINDER STORAGE CONDOS AZ,VAC H-2022-0091 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 6, 2023, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 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 a vacation is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of June 6, 2023, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of 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 § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52, title 67,Idaho Code.This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of June 6,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR LINDER STORAGE CONDOS AZ,VAC H-2022-0091 -2- By action of the City Council at its regular meeting held on the 20th day of June 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE_ COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. S is 6-20-2023 Attest: 1 SEAL Chas Johns C-2 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: ph/in , )n 1 1 Dated: 6-20-2023 Cit es V ice- _�; FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR LINDER STORAGE CONDOS AZ,VAC H-2022-0091 -3- STAFF REPORT E � 1 ��, COMMUNITY DEVELOPMENT DEPARTMENT HEARING June 6,2023 _ �`� 0 DATE: 10 Legend Progec#Loco for - TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 ------ -----~ SUBJECT: H-2022-0091 !Z Linder Storage Condos—AZ,VAC LOCATION: 300 N. Linder Rd. in the SW 1/4 of ' Section 12, T.3N.,R.l W. Y'f FRAWurmv- I. PROJECT DESCRIPTION Annexation of 0.98-acre of land with an I-L(Light Industrial)zoning district; and vacation of the 30-foot wide easement along the east boundary of the property. II. SUMMARY OF REPORT A. Project Summary Description Details Pa c Acreage 0.98-acre Future Land Use Designation General Industrial Existing Land Use Rural residential property Proposed Land Use(s) Self-service storage facility Current Zoning RI in Ada County Proposed Zoning I-L(Light Industrial) Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date 1/16/23 History(previous approvals) Lot 4,Heppers Acre Subdivision B. Community Metrics Description Details Page Ada County Highway District LM • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Existing Conditions Linder Rd. is fully improved with 5-travel lanes,vertical curb, gutter&7' attached sidewalk.No additional improvements or right-of-way dedication is required with this application. • CIP/IFYWP NA(no further improvements required) Access(Arterial/Collectors/State Access is proposed via Linder Rd. Hw /Local)(Existin and Proposed) Proposed Road Improvements None Fire Service No comment. Police Service No comment. C. Project Maps Future Land Use Map Aerial Map i Legend 0Legend ` - � 0 0 - High Din: C Residen gal .. Ix Y Gene + ? 0, .1. tN-:Z: Indust ' zy Emplcyme t FRANICLJN-RD e—F Zoning Map Planned Development Map iR Legend L- Legend Pro}eot Luca tc- L-. Pr%j +Lava-or - vy � 1 City Lirrv� — 0� —RUT---,---l 'I ----- ----- I —15— i8 --- R1 R1 1.L Yf FRANI{OW I Yf FRANI{IJFi` C� C-N i III. APPLICANT INFORMATION A. Applicant: Julie Miller, EVStudio 725 E. 2nd St.,Meridian, ID 83642 B. Owner: Greg Herman—300 N. Linder Rd., Meridian, ID 83642 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 4/19/2023 5/21/2023 Radius notification mailed to property owners within 300 feet 4/14/2023 5/12/2023 Public hearing notice sign posted 4/17/2023 5/12/2023 on site Nextdoor posting 4/14/2023 5/15/2023 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is currently designated as General Industrial on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation allows a range of uses that support industrial and commercial activities. Industrial uses may include warehouses, storage units, light manufacturing, flex, and incidental retail and offices uses. In some cases,uses may include processing, manufacturing,warehouses, storage units, and industrial support activities. Sample zoning include: I-L and I- H. TRANSPORTATION: The Master Street Map (MSM)does not depict any collector streets across this property. PROPOSED USE:The Applicant proposes to annex the subject property with an I-L zoning district and develop the site with two(2) structures containing a total of eight(8) self-service storage units consistent with the General Industrial FLUM designation. 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): • "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 of the property proposed to be annexed 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) With development, a landscaped street buffer will be required along N. Linder Rd. and buffering and screening will be required to the residential property to the north in accord with UDC standards. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The operation of the proposed storage facility should be fairly low-impact due to the number of units and should be generally compatible with the birthing center to the south, residential use to the north and industrial uses to the east and west. The required buffer to the residential land use to the north should minimize conflicts between land uses. • "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 with development;services are required to be provided to and though this development in accord with current City plans. • "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation, low walls,berms,etc.)."(3.07.01 C) A 25 foot wide street buffer is required to be provided with development along N. Linder Rd., an arterial street,per UDC Table I1-2C-3, landscaped per the standards in UDC 11-3B-7C. • "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) The Director recommends a cross-access/ingress-egress easement is granted to the property to the north for future access via Linder Rd. through the subject property to reduce access points on the arterial street(i.e. Linder Rd.). • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Curb, gutter and sidewalk was recently constructed with the road widening project along Linder Rd. Hook-up to City water and sewer service is required with development. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 0.98-acre of land with an I-L(Light Industrial)zoning district consistent with the FLUM designation of General Industrial. A legal description and exhibit map for the annexation area is included in Section VIII.A. The subject property is one of a few lots in a larger enclave surrounded by City annexed property. Annexation of this land will provide more efficient provision of City services. Industrial uses zoned I-L exist to the west across N. Linder Rd. and to the east; a single-family residence exists to the north zoned R1 in Ada County; and a commercial birthing center exists to the south in the C-C zoning district. There is an existing home and accessory buildings on the site that are proposed to be removed with redevelopment of the site. There is also a 30-foot wide easement depicted on the Heppers Acre Subdivision plat along the east boundary of the site that is proposed to be vacated with this application (see Section VIII.D,E and analysis below in Section B). The type of easement is not defined on the plat. Conceptual Development Plan: The conceptual development plan shown in Section VIII.B depicts the proposed structures, associated parking, driveway access,drive-aisles and green space for landscaping. The Applicant plans to develop the property with two(2)buildings for self-service storage containing a total of eight(8)units. These units will be designed to accommodate RV's,boats, cars, etc.with large overhead doors and separate man doors to each unit. Compliance with the dimensional standards listed in UDC Table 11-2C-3 for the I-L district is required. Changes are necessary to the concept plan as detailed below under the Access section. Specific Use Standards: A self-service storage facility is listed as a principal permitted use in the I-L district per UDC Table I1-2C-2, subject to the specific use standards listed in UDC 11-4-3-34, as follows: (Staffs analysis in italics) A. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited. B. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with Chapter 3,Article E, "temporary use requirements", of this Title. C. The distance between structures shall be a minimum of twenty-five(25) feet. 30 feet is provided between the two structures. D. The storage facility shall be completely fenced,walled, or enclosed and screened from public view. Where abutting a residential district or public road, chain-link shall not be allowed as fencing material. The proposed storage units will be enclosed. E. If abutting a residential district,the facility hours of public operation shall be limited to 6:00 a.m. to 11:00 p.m.A residential district abuts the property on the north. F. A minimum twenty-five-foot wide landscape buffer shall be provided where the facility abuts a residential use,unless a greater buffer width is otherwise required by this title. Landscaping shall be provided as set forth in subsection I I-3B-9.0 of this Title. The facility abuts a residential use to the north; the Applicant request City Council approval of a buffer reduction to 5-feet. G. If the use is unattended,the standards in accord with Section 11-3A-16, "self-service uses", of this Title shall also apply. The use will be unattended. H. The facility shall have a second means of access for emergency purposes as determined by the Fire Marshal. The Fire Marshal has determined one access is sufficient with the proposed turnaround. I. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. J. The site shall not be used as a"vehicle wrecking or junk yard" as herein defined. K. For any use requiring the storage of fuel or hazardous material,the use shall be located a minimum of one thousand(1,000) feet from a hospital. There are no hospitals within 1,000 feet. Access: One(1)full driveway access exists to this site via Linder Rd. that is proposed to be reconstructed and narrowed to 30-feet in width. The intent of the UDC (11-3A-3)is to improve safety by combining and/or limiting access points to arterial streets to ensure motorists can safely enter all streets. Where local street access is not available, the property owner is required to grant cross-access/ingress-egress easements to adjoining non- residential properties.Although the use to the north is currently residential, it's anticipated to change to a non-residential use at some point in the future. The use to the south is commercial; as a provision of the development agreement, a cross-access/ingress-egress easement was required to be provided to the subject property at the time of future construction on the site and/or expansion of the existing parking lot,which has not occurred(AZ-09-004). In accord with UDC 11-3A-3, Staff recommends as a provision of the development agreement, driveway stubs are constructed to the north and south property lines and a cross-access/ingress- egress easement granted to the properties to the north(Parcel#R3579000015) and south(Parcel #R3579000025) in an effort to combine and limit access points to the arterial street(i.e.Linder Rd.). Copies of the recorded easements should be submitted with the Certificate of Zoning Compliance application for the proposed use.With a future development application,ACHD recommends the existing driveway is closed and a new driveway is constructed in alignment with the driveway on the west side of Linder Rd.A revised concept plan should be submitted prior to the Commission hearing consistent with ACHD's and Staffs recommendations. A fire truck turnaround is proposed on the site as shown on the conceptual development plan. Sidewalk/Pathway: An attached 7-foot wide sidewalk was recently constructed along N. Linder Rd. along the frontage of this site. The Pathways Plan designates a 10-foot wide detached multi-use pathway in this area. Because the sidewalk was recently constructed,the Park's Dept. does not recommend it's removed and a new pathway constructed in its place at this time. If a new pathway is constructed in the future,there should be adequate room within the existing right-of-way(11'+/-)for the pathway without dedication of a public use easement. Parking: Self-service storage facilities do not require parking unless there is an office associated with the use,which there is not. The concept plan depicts nine (9)off-street parallel parking spaces. Based on the number of proposed parking spaces, a bicycle rack capable of holding a minimum of one(1)bicycle is required per UDC 11-3C-6G that complies with the design standards listed in UDC 11-3C-5C. Landscaping: A 25-foot wide street buffer is required to be constructed along N. Linder Rd., an arterial street,measured from back of sidewalk, landscaped per the standards listed in UDC 11-3B-7C. Parking lot landscaping is required per the standards listed in UDC 11-3B-8C. A minimum 5-foot wide buffer should be provided along the east property boundary unless the requirement is reduced or waived by the Director for truck maneuvering areas as set forth in UDC 11-3B-8C.1a. A 25-foot wide buffer is required to the residential land use to the north as set forth in UDC Table H- 2C-3 and 11-4-3-34F, landscaped per the standards listed in UDC 11-3B-9C. The Applicant requests City Council approval of a reduced buffer width from 25-to 5-feet adjacent to the residential use to the north as allowed by UDC 11-3B-9C.2 with notice to surrounding property owners.A reduction to the buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum of the buffer width required in the I-L district(i.e.25-feetLA letter was submitted from the abutting propeM owner to the north,Ronald Hatch, agreeing to the proposed reduced buffer. Landscaping is required along the multi-use pathway adjacent to N. Linder Rd. per the standards listed in UDC 11-3B-12C. There are existing trees on this site that may require mitigation if removed per the standards listed in UDC 11-3B-10C.5. Waterways: The conceptual development plan depicts an existing irrigation ditch on the eastern portion of the site. All ditches not being used as a water amenity or linear open space must be piped as set forth in UDC 11-3A-6. Floodplain: A portion of this project is within the Meridian Floodplain Overlay District. A floodplain development permit with base flood elevations and flood protection elevations will be required. Fencing: The conceptual development plan depicts existing vinyl fence around the perimeter of the site. Elevations: Conceptual building elevations were submitted for the proposed structures as shown in Section VIII.C. The structures are proposed to be pre-engineered metal frame buildings,which will be designed with large overhead doors and man doors for each unit. Building materials are proposed to consist of stucco in two(2)different colors with reveals, fenestration and stone veneer wainscot. The design of the structures is required to comply with the design standards in the Architectural Standards Manual(ASM). Staff recommends the design is required to comply with the design standards for commercial buildings rather than industrial buildings because the property fronts on an arterial street(i.e.Linder Rd.) and will be highly visible.Detailed review of the elevations for compliance with these standards will take place with the Certificate of Zoning Compliance and Design Review application prior to submittal of an application for a building permit. 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 and recommended with this application, Staff recommends a DA is required with the provisions discussed above and included in Section IX.A. B. VACATION(VAC) The Applicant proposes to vacate the 30-foot wide easement along the east boundary of the property depicted on the Heppers Acre subdivision plat in Section VIII.D. The easement is not defined on the plat and it seems utilities may not have been installed within the easement area. The Applicant proposes to vacate this easement so that the east building can be constructed closer to the eastern boundary of the site within the existing easement area. A legal description and exhibit map of the easement proposed to be vacated is included in Section VIII.E below. Relinquishment letters have been submitted from all potential easement holders [i.e. Lumen(fka Qwest), NMID, Intermountain Gas, Sparklight and Idaho Power] in agreement with the proposed request. VII. DECISION A. Staff: Staff recommends approval of the proposed Annexation with the requirement of a Development Agreement per the provisions in Section IX in accord with the Findings in Section X; and approval of the vacation request if relinquishment letters are received from all potential easement holders prior to the City Council hearing. B. The Meridian Planning&Zoning Commission heard these items on May 4, 2023. At the public hearing,the Commission moved to recommend approval of the subject AZ request. 1. Summary of Commission public hearing_ a. In favor: Julie Miller, EVStudio b. In opposition:None C. Commenting: Tim O'Donnell d. Written testimony:None e. Staff presenting application: Sonya Allen f Other Staff commenting on application:None 2. Key issue(s) testimony a. Comments in favor of the transparency of the City's public hearing process and the availability of information online for citizen access. 3. Key issue(s)of discussion by Commission: a. Commercial vs. Instustrial design standards. 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issues for City Council: C. The Meridian City Council heard these items on June 6,2023.At the public hearing,the Council moved to approve the subject AZ and VAC requests. 1. Summary of the City Council public hearing: a. In favor: Julie Miller,EVStudio b. In opposition:None c. Commenting:None d. Written testimony:None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation. a. Council approved the requested reduced buffer width from 25' to-5-'along-the north property line to the residential use to the north. VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map ACCURATE F �pll9l11L� E IiJM�I~4L! I f 4 r,t% .Fob No.22-171 Aneasatiaw Land lk-seripll-on A parcel ofhmd being Lot 4 of Hopp& Acm Snbdi►isimr4 Book 19 of Plus. Pgcs 1298 and 12", Racmds of Ada L'Ymly.mW a qunian of Nardi Limiw stand lyifs wilhiu t Gw SauthwcSL Quarto[1bf#11c ti4wrhwest()mne7 of Seewn 13,1'(PwmdHp 3 North.Rmvit 1 WeA.Bo&Mo idimt CA-P of-McTidbu% Ada Cosrmt±+,ldnhn.hfit g mom purtiv4 dcmMbed as(el V4"' C'amrmeaeing L[the toLmA 4 irch 8lwmj mj cap mti nanwiti inasphall,lahelpd PLS [029,st dbc Scmthwust corner of'; fm I?.T,$N.,R.IW.,A- .frnrtt which the f wd 3 irrCl'i hmrisa cap in ophai4 Isbckd 13LS 50M al lha Quarts ecrM cmTown to svtliwa I I It 12.T,)1„R.l W..8—M,.bca+- N W 31`39'12 4 diswmc of 4S_87 Feet,thcxaata N 1111°31'3r E along thr mbaioa line it d sic of 75 feel to ll2e RF.Al,POINT OF BEGIN KING. 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GVINC M9P9N ME SW IW OF ME SW RTA SECTION HE 12 T.JN., F.IW., 6.K 11463 9 IbIINtt fF ADA—STALE DF IDAXO ��ITa� scaE: f�6M' 11 12. W. %NE A_ CO VER �PLs 5[a2 = m C 0 ream M1 �ERASE wu t ^ 5 Be'7352' E 356.52' � k �may o ' q • FUMY MhYON PAL w tt NEPPER'S ACRE WWIWWM BRIMW, MY IMS m; p • JSUF rwM tSnc c . PL5 IF463 oO O BET w N%wPE WM q ^ 2 O 6992�R �. mh OM A _ PWr a o Z NO PO Pumn GOi.w Z N BIC MENESES CMRST N 88'1J'49' W N 11�11 12 _ _ %.Al IA•re ACCURATE � W. FRANHLIN RD SURVEY I mI & MA II[NO C yi, tseow.11 eaen�H. PCs Ron pQW488JR22 APB E I%U wmv K..0 urvpmuxn DATE'.FEBRUARY,2023 JOB 22-171 B. Conceptual Development Plan—NOT APPROVED LV ffitudto { p �rrm Z F>fUUCED US BUFFER APPROVED FiY DJACENTPROPFRTY OWKI1 M EMSh4GRES10ENCEiR,1I ' 33- EW - EMIS-�IMG VINYL FENCE O _ �[x19711�Cj 11 Y �PPEWGAGR@f TFWLK IRRIGATK)NDrrQH �4 - r pL7STpIUL I L h SII�IXVI51oN IJ NARO m Lld 2 �I�rl�,ur�-Ir a MA]USTRI74L(FLI s Z z L,. o- La BUFFER S NEW SFCRAGE 03NDOS NEAT STOOAGE CONDOS EiMLINE PARK � �5 a3+1-ao .ery 441 30'a 6C SiJBLOCK I i� 34r-u- 39-0' 3ff r 2T -Tih--,W*UEMICALTEb E]W - E,�SEO ':T TO 6E VACATED VUYL If ss _ rz5-0r 3d.r rsrar SEMOLK — > EnSTING ODWLIWrY BUSINESS r Cj i 9 ai 1 " V PL R RAM l00 T:LrUfl PLAN MQTES studio mmv- ...y««,. EIOG76SJ� TM <r i RATES WALL�— UJ - O -Jo EZ _Dmi i 7�.i. FP$.FLOOR P,�Vd Q-q F.I R{lw 4Fk�.Ll4� t Al 0 1 FEMA Overlay: Wsiutlic sti L+] L Sx39 4� F 0 H W z i A10 .1 C. Conceptual Building Elevations f.,�, EYku&o 171 i - w � o -- �i4 z � I I i 4•'Lh:� - � A20 1 'tuck} , I I LLH U�J 0 ----fib V! L l3i a � sa z F�O:I f,�; ,. A0 �470 363�R732 he>ped�e@��a¢m m�Anmri Wstudlo GAm2 J4R,'E b7L'ER :Cs r-GTE_r311AG.mw wFi'sue 776 V J _ 0 r I � U L.LJ 31�P ERSPECTNE VIEW FF---�{� �4f 1 1.J-- e uj co oLLI �2i 22BOG I a e- —RSPECTI IE VIEWS FRIMT PER3PECT6YE VIEW A2 0 D. Heppers Acre Plat Depicting Easement Proposed to be Vacated � f Rai I ro od Right- �f- Wo I rn Y 1 --588-59-E-396u- -' T eo Emmef gy I 4a N IQ - i 59e•59'E N i k I 4ee•6g' O ;a � 990'S9 E Q _ 40k H ll'P 4 a l [n o ti fTl u v A � � s es• rq m � 4z � , • i ¢ z � -� p,� � Nee'M'E CD x rua7.5o'e � � 1 1 _ H87.50'E SB7.50*35425' ••Aa N ;n w ❑ IY! � y � A � m w• I • �1 E. Easement Proposed to be Vacated ACCURATE S u.RWEYINB & MkPPIN0 `r€R 4 h C i Joh No_22-171 U ifity Easement Vacation Description An casement to be vacated over emd across a portion of Irat 4 of Heppers Acre Subdivision as recorded in Sook 19 of Plats at Pages k298 and IM,Fliscords of Ala County,said parcel 1$located In the Southwest Quarter of the southwest Quarter of Section 12,Township 3 North, Range I West of the Boise Meridlan,Ada County, Idaho, being more partkulariy described as follows- Corn mencing at the found 4 inch aluminum cap monument at the corner common to Section$1% 72, 13 and 14,T3N,k1W frorn whkh the found 3 Inch brass cap monument In asphalt at the quarter corn-of common to Sections 11 and 12,TM R1W bears N OCr 32' 39"E a distance of 2645.97 Peet; thence N DO'32' 39' IF along the sevion lire for a distance of 922.75 feet;thence 5 88"13'49" W for a drs#ance of 326.37 feet to the REAL P01NT OF BEGINNING; Thence N Oa'3a'53" E for a d I stance cf 120.00 feet; Thence 5 89'13'52" E along the fine common to hats 3 and d for a distance of 30.01 feet to the northeast corner of Lot 4 witnessed by a found Sle Inch Iron pin with a 2 Inch alurnknurn cap stamped PL5 12463,wh is bears 5 006 33' 53" W a d Ma nce of 1.00 feet; Thence S 00'A '53'W for a d istance of 120,04 feet to a found 5 f 81'Inch I ran pl n whit a ca p piastIc to p la beied PPS 12025 at the southeast corner of tat 4; Thence N SS"-13'49"W along the line commas to Luts 4 and 5 for a distance of 30.01 feet to the REAL POINT GF 9EGINNING. Vacated Easement ccntalrts O.083 acres,or 1,601 square feet, mare or e-q%- 111463 N j- 9 HXJ7IRIT MAP ' WX UPLOrr BA. r VACAVOW AV?OSS A PO#77 W OF LO7 4, BLOCK :, hUTE4i 5 ACPE S2 MOISAIV, WOK 19 OFPLi78, PACES 0198-f299, ADA CMNT-Y RE ORUS Lvm *TRW TFc SW f 4 OF W $RY 714 steMN Jz JW., R,?OF 6.JA_ r14 COUNTY OF ADA—STAIE OF OJMlio 9, 11 12 W F AW. SCALE: 1'-gV '� ��C, T L1 I k J,4►I" LEGEND {� C�P183 PI kW S ACRr 5VBZY'4jdCW psi FARCE[ LhVE W fl k S " -a gArt�ll{ Y i WNUMENNT IN ASAOMAL r 4Eedw o-mwv r eft r;w 70 8r- Y4GA TO Y� FOUND 4' ALLWWW CAP h+4N+WNT Aw A5PKAL WFH PLASrJC tAP, AS NOTED --77' F.7.8 go PLi= LOT NUA 6M .0_9 PD5gvF or b�EC�N+VkYG WC W M ESS CCH ArER 11 12 14 13 Wr R Nkot J4D. wCgRNff crlcw Rr i ACCURAM facs rsa UNE 7A N I [IQISTA�CE � SllRYfPIRG C IIdRPIHO ti S SS'93S2 € 3Q_01 s 15Ed§*.Idgh ngnR L2 N 15ff13 4 3 ,01 Baer. A &227 ;2oep�sAza� 5. 1T.T5'aG4�musurv�jaR-0PT DAM A AA0C 2623 JW V-i7r IX. CITY/AGENCY COMMENTS & CONDITIONS The Applicant should submit a conceptual development plan for the site that complies with ACHD's and the City's comments pertaining to access and cross-access prior to the Commission hearing. A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual development plans included in Section VIII,Unified Development Code standards, design standards in the Architectural Standards Manual and the provisions contained herein. b. Comply with the specific use standards for self-service storage facilities listed in UDC 11-4-3-34 and the standards for self-service uses in UDC 11-3A-16. c. The existing driveway via N. Linder Rd. shall be closed and a new driveway constructed in alignment with the driveway on the west side of N. Linder Rd.,unless otherwise approved by the City and ACHD. d. A driveway stub shall be constructed to the northern property line and a cross-access/ingress- egress easement granted to the property to the north(Parcel#R3579000015) in accord with UDC 11-3A-3A.2. A copy of the recorded easement should be submitted to the Planning Division with the Certificate of Zoning Compliance application for the proposed use. e. A driveway stub shall be constructed to the southern property line and a cross-access/ingress- egress easement granted to the property to the south(Parcel#R3579000025)in accord with UDC 11-3A-3A.2. A copy of the recorded easement should be submitted to the Planning Division with the Certificate of Zoning Compliance application for the proposed use. f. A 25 5-foot wide buffer shall be provided to the residential land use to the north(Parcel #R3579000015) as setf4th i UPC able112C 3 and 11 4-3 34F,landscaped per the standards listed in UDC 11-3B-9C,„riess ethefwi e as approved by City Council with consent from the property owner to the north.Note: The City Council approved a reduced buffer width from 25: eet to 5: eet, g. Mitigation is required for existing trees on this site that are removed as set forth in UDC 11-3B- 10C.5. h. The storage facility hours of public operation shall be limited to 6:00 a.m. to 11:00 p.m. as set forth in UDC 11-4-3-34E as long at the property abuts a residential district. i. Future structure(s) on the site shall comply with the non-residential design standards in the Architectural Standards Manual for commercial districts (i.e. CD). j. The existing irrigation ditch on the eastern portion of the site shall be piped or otherwise covered as set forth in UDC 11-3A-6. k. A floodplain development permit with base flood elevations and flood protection elevations shall be required with a future development application. B. PUBLIC WORKS 1. A streetlight plan will be required for the development of this property. 2. Additional 250 gpd committed to model. WRRF decline balance is 14.60 MGD 3. Pressure Zone—2 4. Estimated ERU- See Application 5. Water Quality Concerns—None 6. Project Consistent with Master Plan—Yes 7. Single structure,multi-tenant units that are for rental only should have a single City meter. Provide one meter for each building. 8. Only have one connection to the main in Linder rd. Bring an 8" stub and"dog leg" it on the property. Make water service connections to this stub. Max distance between the dead-end and the service connection should be 3'.No blow-off is needed. 9. The 8" dog leg will require a 20' easement with the water main centered in the easement. 10. Water services require a 20' easement up and 10'beyond the water meter. 11. If a well is located on the site it must be abandoned per regulatory requirements and proof of abandonment must be provided to the City. 12. Additional 250 gpd committed to model. WRRF decline balance is 14.60 MGD 13. Ensure no permanent structures (trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches, light poles, etc.)are built within the utility easement. 14. Property is in the Meridian Special Flood Hazard Area-A floodplain permit and elevation certificates will be required. Flood protection elevation is 2 feet above Base Flood Elevation. C. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridiancioy.orglWebLinkIDocView.aspx?id=294157&dbid=0&repo=MeridianCiiy D. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancioy.org/WebLink/DocView.aspx?id=294153&dbid=0&repo=MeridianCity E. NAMPA-MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=294320&dbid=0&repo=MeridianCitX F. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=294352&dbid=0&repo=MeridianCity I. 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; The City Council finds the Applicant's proposal to annex 0.98-acre of land with I-L zoning for the development of a self-service storage facility is consistent with the General Industrial FLUM designation for this property. (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 I-L and conceptual development plan generally complies with the purpose statement of the I-L district in that it will encourage industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated entirely or almost entirely within enclosed structures and is accessible to an arterial street(i.e. Linder Rd.). 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 industrial use 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. 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. EXHIBIT C CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW C�f[ERI DIAN AND DECISION &ORDER In the Matter of the Request for a Modification to the Development Agreement Required with H- 2022-0091,Linder Storage Condos,to Allow Warehouse and Flex Space Uses along with the Previously Approved Self-service Storage Facility; and Update the Conceptual Development Plan and Building Elevations for Linder Condos,by The Architect's Office. Case No(s).H-2023-0074 For the City Council Hearing Date of. March 12,2024 (Findings on March 26, 2024) A. Findings of Fact 1, Hearing Facts(see attached Staff Report for the hearing date of March 1.2,2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 12, 2024, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of March 12, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 12,2024,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 Cade,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 LINDER CONDOS MDA H-2023-0074 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 12,2024, 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 terms of the development agreement approved with the annexation is hereby approved per the provisions in the Staff Report for the hearing date of March 12,2024,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 eaunemted 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 March 12,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR LINDER CONDOS MDA H-2023-0074 -2- By action of the City Council at its regular meeting held on the 26th day of March 2024 . COUNCII, PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE COUNCIL MEMBER DOUG TAYLOR VOTED AYE COUNCB , - ERLUKECAVENER VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE MAYOR ROBERT — 1 — VOTED (TIE BREAKER) y/ C Mayor obert . Sim son 3 - 26 - 2024 Attest : Chrie Joln on 3 � 4 Ci y Clerk Copy served upon Applicant , Community Development Department , Public Works Department and City Attorney . By : Dated : 3 - 26 - 2024 CiTy Clerk ' s Office FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR CINDER CONDOS MDA H - 2023 - 0074 - 3 - STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT f D A H 0 HEARING March 12,2024 Legend -0 DATE: -`' Continuedfrom:February 13, 2024 I(dp,,a t Luca-ion L- 0 TO: Mayor&City Council I R.8 FROM: Sonya Allen,Associate Planner RUT- 208-884-5533 —i SUBJECT: H-2023-0074 --------L Linder Condos—MDA R1 F _ LOCATION: 300 N. Linder Rd. in the SW 1/4 of I Section 12,T.3N.,R.1 W. LI J( W FKAhfICUN-- _ C� R1 -N - I. PROJECT DESCRIPTION The Applicant proposes a modification to the development agreement required with H-2022-0091,Linder Storage Condos,to allow warehouse and flex space uses along with the previously approved self-service storage facility; and update the conceptual development plan and building elevations. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.98-acre Future Land Use Designation General Industrial Existing Land Use Rural residential property Proposed Land Use(s) Self-service storage facility or warehouse or flex space Current Zoning R1 in Ada County Proposed Zoning Tentatively approved with I-L(Light Industrial)zoning(with approval of the development agreement and annexation ordinance H-2022-0091) Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date 1/11/24 History(previous approvals) Lot 4,Heppers Acre Subdivision;H-2022-0091 (AZ,VAC) III. APPLICANT INFORMATION A. Applicant: Jeremy Putman, The Architect's Office—499 Main Street,Boise, ID 83702 B. Owner: Greg Herman—300 N. Linder Rd.,Meridian, ID 83642 C. Representative: Same as Applicant IV. NOTICING City Council Posting Date Newspaper notification published in newspaper 1/28/24, 2/25/24 Radius notification mailed to property owners within 300 feet 1/26/24, 2/24/24 Public hearing notice sign posted 1/13/24, 2/28/24 on site Nextdoor posting 1/29/24, 2/26/24 V. STAFF ANALYSIS The Applicant proposes to modify the development agreement(H-2022-0091)to allow warehouse and flex space uses in addition to the previously approved self-service storage facility use; and update the conceptual development plan and building elevations for the site. The Applicant's narrative states the target market for these spaces will be for contractors,mostly for storage,with the potential for each space to have a small office and restroom.Note: The development agreement associated with H-2022-0091 has not yet been signed and recorded. Proposed Use: The proposed modification will allow for more variety in the uses allowed on the site as can be accommodated with the proposed development plan. Per UDC Table 11-2C-2,warehouse and flex space uses are listed as principal permitted uses in the I-L district. The proposed uses are subject to the specific use standards listed in the UDC, as follows: • 11-4-3-42 Warehouse: A. Accessory uses allowed. Office not to exceed twenty-five(25)percent and retail sales not to exceed ten(10)percent of the total enclosed area of the use. B. Outside activity areas shall be located a minimum of three hundred(300) feet from any property line adjoining a residence or a residential district. • 11-4-3-18 Flex Space: A. Office and/or retail showroom areas shall comprise a minimum of thirty(20)percent of the structure and/or tenant space. B. Light industry and warehousing shall not comprise more than seventy(70)percent of the tenant space. C. In the C-C, C-G and M-E districts,roll-up doors shall not be visible from a public street. D. Except in the I-L and I-H districts,loading docks are prohibited. E. Retail use shall not exceed twenty-five (25)percent of leasable area in any tenant space. Site Plan: Originally, eight(8)tenant spaces were proposed in two(2)buildings;now seven(7) tenant spaces are proposed in two(2)buildings totalling 15,643 s.f., including mezzanines. The west building had to be reduced in size to accommodate the cross-access easement/driveway required to the adjacent properties to the north and south. Access: Access is proposed via N. Linder Rd., an arterial street.The location of the cross-access driveway to the south has changed from the middle of the site between the buildings to the west side of the front building along Linder Rd.; a cross-access driveway is proposed to the north in alignment with the driveway to the south in accord with UDC 11-3A-3A.2.A Fire Dept.turnaround is proposed between the two structures as depicted on the site plan. Parking: In the I-L zoning district, a minimum of one(1)off-street vehicle parking space is required for every 2,000 s.f. of gross floor area per UDC 11-3C-6B.2, except for self-service storage facilities,which only require parking for the associated office space(if provided)and not for the storage facility. Because a variety of uses are proposed,the more restrictive parking standard should apply to the overall development. Based on the square footage of the structures(i.e. 15,643 s.f.), a minimum of seven(7)parking spaces are required; 13 spaces are provided, exceeding the minimum standard by six(6) spaces,which should be sufficient for any of the uses proposed. The extra spaces should accommodate parking for the flex space use (if developed),which would likely create a need for more parking for customers and employees of the retail/office component of the use. A minimum of one(1)bicycle parking space is required for every 25 proposed vehicle parking spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to meet the location and design standards listed in 11-3C-5C. A bicycle rack is depicted on the site plan. Development Agreement(DA): The existing DA provisions are included in Section VII.A below; the Applicant's proposed changes are noted in strike-out/underline format. The Applicant requests DA provision #5.1h,which limits the hours of operation for storage facilities from 6:00 am to 11:00 pm as set forth in UDC 11-4-3-34E, is revised to include warehouse&flex space. However,because the proposed uses aren't subject to the same limitations on the hours of operation as storage facilities, Staff does not recommend a change to this provision. The existing and proposed conceptual development plans and building elevations are also included below in Section VII.B. Other than the reduction in the size of the west building,the proposed development plan and elevations are generally consistent with the previously approved plans and conditions of approval. Therefore, Staff is supportive of the proposed changes and inclusion of the additional uses proposed to allow more flexibility for the use of the site. VI. DECISION A. Staff: Staff recommends approval of the proposed Development Agreement modification as requested by the Applicant. B. The Meridian City Council heard this item at the February 13'and March 12'public hearings and approved the proposed MDA application. 1. Summary of the City Council public hearing a. In favor: Jeremy Putman,The Architect's Office(Applicant's Representative);Kim Kelly b. In opposition:None C. Commenting: None d. Written testimony: Ronald Hatch,property owner to the north(in support) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Concern pertaining to intensity of the additional uses proposed and their potential negative impact on existing adjacent residential neighbors and the adequacy of on-site parking. b. At the continued hearing.the Applicant addressed previous concerns to the satisfaction of the Council. 4. City Council change(s)to Commission recommendation. a. None VII. EXHIBITS A. Existing Development Agreement Provisions—Proposed Changes Shown in Strike-out/Underline format 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 plans included in Section VIII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B,"Unified Development Code Standards, design standards in the Architectural Standards Manual, and the provisions contained herein. b. Comply with the specific use standards for warehouse facilities(UDC 11-4-3-42),self-service storage facilities,; iUDC 11-4-3-34,, flex space facilities(UDC 11-4-3-18) and the standards for self- service uses in UDC 11-3A-16, as applicable. c. The existing driveway via N. Linder Rd. Shall be closed and a new driveway constructed in alignment with the driveway on the west side of N. Linder Rd.,unless otherwise approved by the City and ACHD. d. A driveway stub shall be constructed to the northern property line and a cross-access/ingress-egress easement granted to the property to the north(Parcel#R3579000015)in accord with UDC 11-3A-3A.2. A copy of the recorded easement should be submitted to the Planning Division with the Certificate of Zoning Compliance application for the proposed use. e. A driveway stub shall be constructed to the southern property line and a cross-access/ingress-egress easement granted to the property to the south(Parcel#R3579000025)in accord with UDC 11-3A-3A.2. A copy of the recorded easement should be submitted to the Planning Division with the Certificate of Zoning Compliance application for the proposed use. f. A 5-foot-wide buffer shall be provided to the residential land use to the north(Parcel#R3579000015), landscaped per the standards listed in UDC 11-3B-9C, as approved by City Council with consent from the property owner to the north.Note: The City Council approved a reduced buffer width from 25 feet to 5 feet. g. Mitigation is required for existing trees on this site that are removed as set forth in UDC 11-3B-1OC.5. h. T4+L-sStorage facility hours of public operation, if developed on the site, shall be limited to 6:00 a.m. to 11:00 p.m. as set forth in UDC 11-4-3-34E as long as the property abuts a residential district. i. Future structure(s)on the site shall comply with the non-residential design standards in the Architectural Standards Manual for commercial districts(i.e., CD). j. The existing irrigation ditch on the eastern portion of the site shall be piped or otherwise covered as set forth in UDC 11-3A-6. k. A flood plain development permit with base flood elevations and flood protection elevations shall be required with a future development application. B. Existing Conceptual Development Plan&Building Elevations C VICINITY MAP Wstudio co FRANKLIN RD Z REDUCED LS BUFFER APPROVED ; O w�BY ADJACENT PROPERTY OWNER s U c 4 EXISTING RESIDENCE(R-1) 4@23'= 92'-0" LLI m o 14 Q Tom" 0 EXISTING VINYL FENCE O co EXISTING w 4 PROPOSED LIGHT HEPPEWSACRE FIRE TRUCK IRRIGATION DITCH n` INDUSTRIAL -L SUBDIVISION URNARDUND LLI {� v EXISTING LIGHT mo INDUSTRIAL(I-L) o- 25'-0 W� LS BUFFER � J o w Q NEW STORAGE CONDOS. NEV STO GE CON 5 CREAMLINE PARK Z (4}-30'x 6f)' I0 ) 36'x 6D'4 � SUBDIVISION 226061 -' BLOCK 1 n I � 35'-0• 3p,_�., 30,_p» 30'-0_ ion' t. EXISTING NON-DEDICATED EXISTING 35'-0" 125'-0" EASEMENT TO B E VACATED V I NYL FENCE _3. 11 T-0" WY SETBACK EXISTING COMMUNITY BUSINESS IC-C) RECORD OF SURVEY No-aeuo 5 PRELIMINARY (;`�PPELINMARY SRE P VJI SITE PLAN Al00 Y Q Q Q EVstudio �aa7tO 'IN'S 0 a Z — mao O J z� 22EO61 E%TERIOR K _ �B 9111L�ING 15 A201 QQ EVstudio 0 - . o O U Q Q Q Y Q C) a - - -,�� ° - � LLI ❑ �Q z zEE J z� c r i Li § BUILDINcz A202 EVsfudio D-,CO E�CO i�xm�e�rim�a mn c—w.t RILE FALLER I�Iemtle@c�tlo,a� meaee.2aas rmle _ U w 0 SIDE PERSPECTWE VIEW w O /I--- V) 1e1 co co y* w 22BO61 PERSPECTIVE VI E'63 j FRCIHT PERSPECTIVE VIEW /*�fj 2 0 ^ �/�) � C. Proposed Conceptual Development Plan,Floor Plans&Building Elevations(dated: 2/6/24) - TAO __ I --- ------------ P it --' THE ARCHITECTS OFFICE �� I --eLDGA- -----J �� r—� —eLDGB_�^ b� I I I — LU W I I CINDER CONDOS I I I I Enaeuexr'cceae Fort Frtorvmmixesa�m pie moo, 3WN LINDER RU MERIDIAN,ID 83687 SIT61 LAN-NEW Project status NOT FOR— CONSTRUCTION lIP A1 .0 `;ITE PL-,N QQ 4 Q TA- I F-I _��` - ,.r +urpRCNI1ECTS�7hH4t o a LIMDER CONDOS "A FLOOR PLAN O — O O O MOT T- I I I I wF+smuclox A F I F 6 MEIIANINE A PLUI . omR A2.0 sRmi1[nsarraE- FI F F 7 �- _ LINDER CM06 1-1 F� T117 4V e.e M az.1 4 4 Q 4 4 Q TArJ T4 I ARCH REMO FF I C I = ,O 0 0- o o LINDER CONDOS BIDG A WBT ELE4AlICN ELOO A SO-ELEYATON NOTu A5.0 ==1 Q Q 4 4 4 Q Q TAO IHEALCNDECADFFICE CINDER CONDOS aeiovw.icaw�- -` �ascea 3:.`�.. 4 „ co umucnox A5.1 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement between the City of Meridian and Open Door Rentals, LLC to Accept Payment in lieu of Installation of Streetlights at Amity Storage AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHTS AT AMITY STORAGE This AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHT AT AMITY STORAGE ("Agreement"), made this May 7th 2024 ("Effective Date") between the City of Meridian, a municipal corporation organized under K laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho ("City"), and Open Door Rentals LLC, whose address is 1977 East Overland Road, Meridian, Idaho 83642 ("Property Owner"). WHEREAS,Property Owner is the owner of Amity Storage, located at 4940 S Meridian Rd Meridian, ID 83642 ("Business"); WHEREAS,Property Owner is currently unable to install the required streetlights along Meridian Road, because City is still collecting funds for future installation; and, WHEREAS, once funds have been collected,City will install the required streetlights following Property Owner's payment to City of the estimated amount necessary to install such streetlights; WHEREAS, one of the Site-Specific Conditions of Approval of City's approval of LDIR- 2022-0010, is that Property Owner must pay City of Meridian Thirty-three thousand dollars and zero cents ($33,000.00) in lieu of installing two (2) streetlights on the east side of Meridian Road ("Location"); 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, the Parties agree as follows: I.COMMITMENTS BY PROPERTY OWNER. A. Payment. By May 1, 2024, Property Owner shall pay to City Thirty-three thousand dollars and zero cents ($33,000.00), for the installation of two (2) streetlights at Location. I B. Consent to entry. Property Owner shall, and hereby does, provide to the City perpetual consent and access to enter the Subdivision for the purpose of inspecting or installing streetlights and related infrastructure. Except in the event of an imminent or realized threat to the public health, safety, or welfare, City shall provide Property Owner at least twenty- four(24) hours prior notice of such entry. Such notice may be verbal, written, or be posted at Location. II,COMMITMENTS BY CITY. A. Installation. City agrees to accept the amount set forth in this Agreement in lieu of requiring Property Owner to install the two (2)streetlights at Location. B. Payment of additional expense for installation. Upon Property Owner's payment of the amount set forth herein, the requirement in LDIR-2022-0010 to install the two (2) streetlights AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLATION OF STREETLIGHTS PAGE 1 at Location shall be considered satisfied. City shall be responsible for any additional cost of installation of streetlight beyond the amount paid by Property Owner under this Agreement. III.GENERAL PROVISIONS, A. Default. Any failure to perform the terms and conditions of this Agreement, or any portion thereof,shall be a default hereunder. B. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail,postage prepaid, addressed as follows: If to City: If to Property Owner: City of Meridian Open Door Rentals LLC City Clerk 1977 E. Overland Road 33 E. Broadway Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. C. Time is of the essence. The Parties 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 and default hereunder by the Party so failing to perform. D. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. E. 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 fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default,termination, or forfeiture of this Agreement. F. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied,between City and Property Owner, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. G. Non-waiver. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLATION OF STREETLIGHTS PAGE 2 enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or rernedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. H. Compliance with laws. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to streetlight installation and maintenance, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. I. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. J. Warranty of authority. Each party to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and is a valid and binding obligation upon the persons or entity signing this Agreement. K. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers the Effective Date first above written. Property Ow r: Open Door Re tals U Corey D Bart n Attest: _ Robert E. Simison, Mayor Chris Johnson City of Meridian 5-7-2024 City Clerk 5-7-2024 AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLATION OF STREETLIGHTS PAGE 3 I E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Automated Meter Reading System Equipment and Service Contract with Ferguson Enterprises, LLC for the Not-To-Exceed FY24 amount of$49,608.75 C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 5/7/2024 Presenter: N/A- Consent Estimated Time: N/A- Consent Topic: Approval of Automated Meter Reading System Equipment and Service Contract with Ferguson Enterprises, LLC for the Not-To-Exceed FY24 amount of$49,608.75. Recommended Council Action: Approval of Automated Meter Reading System Equipment and Service Contract with Ferguson Enterprises, LLC for the Not-To-Exceed FY24 amount of$49,608.75. Background: The original Software As a Service agreement was executed July 24, 2018 by Mayor De Weerd. This is the subsequent service agreement. CITY OF MERIDIAN ADVANCED METERING INFRASTRUCTURE SYSTEM EQUIPMENT AND SERVICES CONTRACT 2024 1 City of Meridian AUTOMATED METER READING SYSTEM EQUIPMENT AND SERVICES CONTRACT THIS CONTRACT ("Contract") by and between City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Ferguson Enterprises, LLC, a limited liability company organized under the laws of the Commonwealth of Virginia ("Ferguson" or "Supplier") (individually a "Party" and collectively the "Parties") is effective upon the later date of execution of this Contract by the City and Supplier ("Effective Date")for a period of ten(10)years. WITNESSETH WHEREAS, the Supplier has represented to the City it has the specialized expertise and experience necessary to properly provide the Equipment and Implementation Services for a fully functioning Advanced Metering Infrastructure Reading System (AMI), as further defined, and required by this Contract, in a timely manner and that Supplier's proposal includes all of the functions and features required for the Equipment and Implementation Services; and WHEREAS,the City has accepted the Supplier's offer to provide the Equipment and Implementation Services in accordance with the Contract Documents as defined herein; and WHEREAS, said Contract Documents are attached hereto and incorporated herein. NOW THEREFORE, in consideration of the terms and conditions set forth herein, the Parties agree as follows: 1. The City shall have the right to purchase the Equipment and Implementation Services, as defined herein, in accordance with the unit prices set forth in this Contract including Attachment B. The further terms and conditions of this Contract are set forth in the following Contract Documents, each of which is attached hereto and are made part of the Contract by this reference in the following order of precedence: 1. Future Contract amendments/Change Orders as approved by the Parties. 2. This Contract including all attachments. This Agreement may be executed in two or more counter parts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.This Contract may be delivered by facsimile or other electronic means and those signatures shall be treated as original signatures for all applicable purposes.The person signing this Contract represents that he or she has full and proper authority to do so and to bind the party which they are representing.This Contract will become binding on the date of last execution hereon: 2 EXECUTED THIS 7th day of May 2024 City of Meridian, Idaho Ferguson Enterprises, LLC ��It Robert E. Simison 5-7-2024 Brandon Mathews Mayor Area Sales Manager 33 E Broadway 425 N Locust Grove Rd. Meridian, ID 83642 Meridian, ID 83642 APPROVED BY CITY COUNCIL: 5-7-2024 Attest: Chris Johnson, City Clerk 5-7-2024 3 ADVANCED METER INFRASTRUCTURE SYSTEM EQUIPMENT AND SERVICES CONTRACT TABLE OF CONTENTS DEFINITIONS OF WORDS AND TERMS S SECTION 1. STANDARD CONTRACTUAL TERMS AND CONDITIONS 9 SECTION 2.ADDITIONAL CONTRACT TERMS AND CONDITIONS 20 ADDITIONAL ATTACHMENTS: A. SCOPE OF SERVICES B. PRICING MATRIX C. GENERAL EQUIPMENT WARRANTY D. SYSTEM PERFORMANCE E. SENSUS SERVICE SaaS AGREEMENT F. SOFTWARE MAINTENANCE AGREEMENT G. FERGUSON VAR SUPPORT H. PROPAGATION STUDY 4 DEFINITION OF WORDS AND TERMS Words and terms shall be given their ordinary and usual meanings. Where used in the Contract Documents,the following words and terms shall have the meanings indicated.The meanings shall be applicable to the singular, plural, masculine,feminine and neuter of the words and terms. Acceptance or Accepted: Written documentation of the City's determination that the Supplier's work has been completed in accordance with the Contract. AMI: Advanced Metering Infrastructure Reading System. For the purpose of these Contract Documents, this refers to the AMI system manufactured by Sensus Metering Systems, consisting of all FlexNet system components,tower gateway base station, regional network interface, meter transmitters, installation tools and equipment, licensed software (including Sensus' Analytics), and all other related components. Available Meter:A City meter connected to a fully functioning meter transmitter(also known as an endpoint or SmartPoint),that is used in calculating the read rate during a Billing Window. An available meter satisfies all of the following criteria: a. It is installed in compliance with the procedures and specifications approved by and provided to the City in writing by the Supplier. b. It functions properly, is not damaged, and does not fail to transmit meter reading information during a Billing Window. c. It is serviced by a TGB, FNP, defined herein or other network equipment that has not been subjected to a power failure greater than eight (8) continuous hours during a Billing Window. d. Neither it, nor the TGB, FNP, defined herein or any other network equipment that serves that meter has been affected by a Force Majeure event. e. Interference or jamming of the radio spectrum is not preventing or interfering with radio communication to or from the meter transmitter, provided the Supplier is diligently working to effectuate a cure and provides a weekly status report. f. It is installed in a mutually agreed upon coverage area of the City, as defined in the Supplier's propagation study;Attachment H. g. It has not been reported by the City under the conditions of the attached agreements/warranties with the Supplier, unless the Parties agree that the reason for the report was resolved before the Billing Window opened or that the meter is functioning normally. h. Its functioning or performance has not been adversely affected by a failure of the City to perform its obligations or tasks for which it is responsible, or to properly maintain network equipment owned by the City. Billing Window: A three-day period beginning two days prior to, and ending one day following,the City's preferred billing day for a particular meter. 5 Change Documentation:A written document mutually agreed upon by the Supplier and the City, which if it creates a material change to the Contract terms or Specifications shall be executed as a Change Order. Change Order:A written change to the Contract modifying, deleting or adding to the terms, conditions, price, or scope of work, signed by both parties. Commissioning Period:The period beginning with performance testing and training, ending with final acceptance by the City. Contract or Contract Documents:The writings and drawings embodying the legally binding obligations between the City and the Supplier for completion of the Work under the Contract. Contract Price:The total amount payable by the City to the Supplier for performance of the Work in accordance with the Contract. Contract Schedule.The schedule for the Supplier's provision of the Equipment and Services. Contract Time:The total time for the Supplier to perform the Work as set out in the Contract Schedule. Day: Calendar day. Cam: City of Meridian,the party contracting with the Supplier to receive the Equipment and Services and the Work under this Contract. Documentation:Technical publications relating to the use of the software or services to be provided by the Supplier under this Contract, including, but not limited to, reference, user, installation,systems administration, and technical guides, delivered by the Supplier to the City. Equipment and Implementation Services:The furnishing of materials, equipment, custom software, consulting, design, labor,time, and effort by the Supplier during the installation and initial operation of the supplied AMI system during the Contract term. Ferguson or Supplier:The entity contracting with the City to provide the Equipment and Implementation Services or perform the Work under this Contract. Final Acceptance:The date as of when the City acknowledges that the Supplier has performed the Work through installation as defined in Attachment A herein. FlexNet:The AMI system manufactured by Sensus Metering Systems. FlexNet Network Portal (FNP):Also referred to as a repeater. A pole-mounted unit with simple store and forward capability that communicates directly to a TGB. Force Maieure: Means an event that was unforeseeable at the time the Contract was executed and that is beyond the reasonable control of the Supplier and the City and includes but is not limited to: • Natural disasters declared by the Governor of Idaho or President of the United States, including but not limited to earthquakes. • Acts or omissions of any government entity acting within its governmental capacity. 6 • Fire or other casualty for which the Supplier or its Subcontractors and/or Suppliers are not responsible. • Quarantine or epidemic • Strike or defensive lockout • Unusually Severe Weather Conditions. Meter Transmitter: Also referred to as a transmitter unit, an endpoint, or a Sensus SmartPoint.The radio transmitter installed at a given meter location to transmit information from the meter register to the FlexNet system. Person: Includes individuals, associations,firms, companies, corporations, partnerships, and joint ventures. Proiect Manager:The individual designated by the City or the Supplier, as applicable,to manage the Work on a daily basis and who may represent the City or the Supplier respectively for Contract administration. Integration Specialist: Individual designated by Ferguson to work with Sensus,TruePoint Solutions, and the City of Meridian to integrate import/export files to facilitate the population of information into Sensus Analytics as well as provide files to facilitate the transfer of reads into Enhance for the purpose of providing water billing. Project Invoice: Invoice submitted by Supplier upon acceptance for equipment and services required for the installation and implementation of an AMI system. Proposal:The Supplier's direct proposal (cover letter dated January 21,2020)to the City and all submissions by the Supplier and Sensus Metering Systems in response to the City's RFP. Provide: Furnish without additional charge. Regional Network Interface (RNI): Equipment and Sensus'Analytics software used to gather, store, and report data collected from meter transmitters and TGBs that are part of the FlexNet system.The Analytics software operates on the RNI. Subcontractors:A subcontractor shall mean an individual, firm, partnership, or corporation having a contract, purchase order, or agreement with the Supplier, or with any Subcontractor of any tier for the performance of any part of the Contract. Unless otherwise stated herein,the term "Subcontractor(s)" includes, at every level and/or tier, all subcontractors, sub-consultants, suppliers, and materials men. The Supplier shall identify all Subcontractor's that the Supplier proposes to perform any portion of the Work which shall be subject to the City's prior written approval, such approval to be given in the City's sole discretion. Specifications: Any section of the Contract consisting of written descriptions of Services to be performed, or the Equipment to be provided or the technical requirements to be fulfilled under this Contract and the Contract Documents. Support Invoice: An Invoice submitted by the Supplier for RNI Support and Sensus Analytics Hosting services. Touch Coupler:An inductive coupler connection from a water meter register to the meter transmitter. 7 Tower Gateway Basestation (TGB):The hardware,firmware, and software installed at a tower site and used to communicate by radio with meter transmitters and the RNI. Unread Meter:Any available meter that is not read by the FlexNet system during a Billing Window. Work: Everything to be provided and done for the fulfillment of the Contract and shall include all Equipment, software, hardware, and services specified under this Contract, including Change Orders, also referred to as "Equipment and Implementation Services."The Supplier's Scope of Services is found at Attachment A. 8 SECTION 1 STANDARD CONTRACTUAL TERMS AND CONDITIONS 1.1. Contract Administration and Contract Assignment This Contract is between the City and the Supplier who shall be responsible for providing the Work described herein. The Supplier represents that it has or shall obtain all personnel, materials, and equipment required to perform Work hereunder, including but not limited to that set forth in the Scope of Services, attached as Attachment A. The Supplier's performance under this Contract shall be monitored and reviewed by the City. Reports and data required to be provided by the Supplier shall be timely delivered to the City. Questions by the Supplier or its Subcontractors regarding interpretation of the terms, provisions, and requirements of this Contract shall be addressed to the City for response. The City may purchase any supplemental units pursuant to the Pricing Matrix found in Attachment B. 1.2. Contract Changes At any time before completion and Final Acceptance of the Work,the City shall have the right to order in writing the omission or addition of Work, or order changes or alterations in the Work required to be performed by the Supplier, and reasonable deductions or increases shall be made in Contract Price for such omissions, additions, changes or alterations in the Work,time for completion or Contract Price; but no such omissions, additions, changes or alterations shall be made by the Supplier, or paid for by the City, unless and until authorized by the City in writing by Change Order. If the Supplier objects to or otherwise disagrees with such Changer Order,the Supplier shall so notify the City in writing within seven (7) days of the date of such modification, submitting with such notification a claim of equitable adjustment. If the Supplier fails to so notify the City as provided herein, such modification shall be final and accepted by the Supplier and shall become part of the Contract between the Parties. The City's failure to respond to Supplier's notification a claim of equitable adjustment within 10 days shall be deemed a denial and the Supplier may make a claim pursuant to Section 1.14. 1.3. Taxes, Licenses, and Certificate Requirements The Supplier agrees to comply with all applicable federal, state, and local laws, regulations, ordinances, including Idaho Code §§ 67-2359 and 67-2346, whereas the Supplier/Contractor hereby certifies: A.That Contractor is not currently owned or operated by the government of China and will not, for the duration of this Contract, be owned or operated by the government of China. B.That Contractor is not currently engaged in, and will not for the duration of the Contract engage in, a boycott of goods or services from Israel or territories under its control. 9 The Supplier agrees to promptly pay all obligations when due.The City may require certificates from federal, state, local, or private bodies showing that all obligations are current and not delinquent and, in the event the City is held liable to pay any such taxes or contributions,The Supplier agrees to supply the City with all records necessary to compute the same and to fully reimburse the City upon demand for the amount(including penalties and interest) paid by the City, and the City shall have the right to offset any amount so paid against any sums due the Supplier hereunder. 1.4 Termination for Default or Convenience A. Termination for Default 1. The City may terminate, without prejudice to any right or remedy of the City,the Work, or any part of it,for cause upon the occurrence of any one or more of the following events: a. The Supplier fails to prosecute the Work or any portion thereof with sufficient diligence to ensure Final Acceptance of the Work in a timely manner. b. The Supplier is adjudged bankrupt, makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency. c. The Supplier fails in a material way to repair, replace, or correct work not in conformance with the Contract. d. The Supplier fails to supply skilled workers, or proper services, materials, or equipment. e. The Supplier fails to make prompt payment to its employees or subcontractors. f. The Supplier materially disregards or fails to comply with laws, ordinances, rules, regulations, permits, easements, or orders of any public authority having jurisdiction. g. The Supplier fails to comply with all safety requirements. h. The Supplier is otherwise in material breach of any provision of the Contract. 2. If the City reasonably believes that one of the aforementioned events has occurred,the City will provide the Supplier with written notice of its "Intent to Terminate" the Contract for default, specifying within such notice the ground(s)for such termination. The City, at its option, shall require the Supplier, at the Supplier's sole expense,to either,within five (5) days of the date of notice of default (a) correct the deficiencies noted in the City's "Intent to Terminate"; or(b) provide the City with a corrective action plan as to how such deficiencies will be remedied or cured in a timely fashion. However, if after receipt of the proposed remedy,the City concludes that the Supplier has (a) failed or is unwilling to repair, replace, or correct the deficiencies, or(b)failed or is unwilling to provide a reasonable and satisfactory corrective action plan,the City shall thereafter have the right to terminate this Contract for default.The Supplier shall receive written notice of the termination. 3. Upon termination,the City may finish the Work by whatever reasonable method it deems expedient. 10 4. The Supplier shall be liable for all reasonable, direct, out-of-pocket costs, incurred by the City in completing and/or correcting the Work. 5. In the event of Termination for Default,the City shall only pay the Supplier for the Work successfully completed and accepted by the City prior to the date of termination.The City shall not be responsible for any other the Supplier costs, expenses, or damages including any consequential, special, or incidental damages or lost profits associated with the Contract. In no event shall the City reimburse the Supplier for any costs directly or indirectly related to the cause of this Termination for Default. 6. If, after Termination for Default, it is determined that the Supplier was not in default, the rights and obligations of the Parties will be the same as if the termination had been issued for the convenience of the City. B. Termination for Convenience 1. Upon written notice the City may terminate the Work, or any part of it,without prejudice to any right or remedy of the City, for the convenience of the City. Notwithstanding the forgoing to the contrary, City may not cancel, change, or modify a special order or nonstock product without the written consent of Supplier and payment by the City of all applicable cancellation or re-stocking fees. 2. If the City terminates the Work or any portion thereof for convenience,the Supplier may make a request for adjustment for: a. Reasonable direct costs for all Work completed prior to the effective date of the termination and not previously paid for by the City;the Supplier shall not be entitled to any other costs or damages; provided, in no event shall the total sum payable upon termination exceed the total Contract Price stated in Subsection 2.1, as reduced by prior payments. C. The Supplier's Obligations During Termination Unless the City directs otherwise, after receipt of a written notice of Termination for Default or Termination for Convenience,the Supplier shall promptly: 1. Stop performing Work on the date as specified in the notice of termination. 2. Place no further orders for materials, equipment, services, or facilities, except as may be necessary for completion of such portion of the Work not terminated. 3. Cancel all orders upon terms acceptable to the City,to the extent that they relate to the performance of Work terminated 4. Assign as specifically requested by the City all of the rights, title, and interest of the Supplier in all orders. 11 1.5 laws and Venue In the event that either Party shall bring a lawsuit or action related to or arising out of this Contract, such lawsuit or action shall be brought in the Superior Court, Ada County, Idaho.This Contract shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. 1.6. Independent Status of the Supplier In the performance of this Contract, the Parties shall be acting in their individual, corporate, or governmental capacities and not as agents, employees, partners,joint ventures, or associates of one another.The Parties intend that an independent contractor relationship shall be created by this Contract.The employees or agents of one Party shall not be deemed or construed to be the employees or agents of the other Party for any purpose whatsoever.The Supplier shall not make any claim of right, privilege or benefit which would accrue to an employee against the City. 1.7. Non-disclosure of Data Data provided by the City either before or after the Effective Date of the Contract shall only be used for its intended purpose.The Supplier and Subcontractors shall not utilize nor distribute the City data in any form without the prior express written approval of the City. 1.8. Non-disclosure Obligation While performing the Work under this Contract,the Supplier may encounter personal information, licensed technology, software, documentation, drawings, schematics, manuals, data, and other materials described as "Confidential," "Proprietary," or"Business Secret."The Supplier or its Subcontractors shall not disclose or publish the information and material received or used in performance of this Contract.This obligation is perpetual and shall survive the termination of the Contract. The Contract imposes no obligation upon the Supplier with respect to confidential information which the Supplier can establish that: (i) was in the possession of, or was rightfully known by the Supplier without an obligation to maintain its confidentiality prior to receipt from the City or a third party; (ii) is or becomes generally known to the public without violation of this Contract; (iii) is obtained by the Supplier in good faith from a third party having the right to disclose it without an obligation of confidentiality; or, (iv) is independently developed by the Supplier without the participation of individuals who have had access to the City's or the third party's confidential information. If the Supplier is required by law to disclose confidential information, the Supplier shall notify the City of such requirement at least ten (10) days prior to disclosure. 1.9. Public Disclosure Requests The Contract Documents shall be considered public documents and, with exceptions provided under the Idaho Public Records Act, shall be available for inspection and copying by the public. If the Supplier considers any portion of the Work, including software, data, and related materials, delivered to the City to be protected under the law,the Supplier shall clearly identify each such item with words such as "CONFIDENTIAL," PROPRIETARY," or"BUSINESS SECRET." If a 12 request is made for disclosure of such item,the City shall determine whether the material should be made available under the law. If the material or parts thereof are determined by the City to be exempt from public disclosure,the City shall not release the exempted documents. If the material is not exempt from public disclosure law, or the City is not in the position to make such a determination,the City shall notify the Supplier of the request and allow the Supplier five (5) days to take whatever action it deems necessary to protect its interests. If the Supplier fails or neglects to take such action within said period, the City may release the item(s) at issue. By signing this Contract,the Supplier agrees to the procedure outlined in this Subsection and shall have no claim against the City on account of actions taken under such procedure. 1.10. No Prototype Components All equipment and materials furnished under this Contract shall be in production and be used by customers comparable to the City at the time of the Contract Effective Date.Test or prototype items shall be clearly identified as such and shall be subject to rejection by the City. A sufficient inventory of Equipment shall be available to meet delivery requirements. 1.11. Changed Requirements New Federal, State, and City laws, regulations, ordinances, policies and administrative practices may be established after the Effective Date of this Contract and may apply to this Contract.To achieve compliance with changing requirements, the Supplier agrees to accept all changed requirements that apply to this Contract and require Subcontractors to comply with revised requirements as well. If the Supplier believes such changes entitle it to a change in Contract Price or Contract Time, it shall submit a Change Order request to the City in compliance with Subsection 1.2 Contract Changes. 1.12. Assignment Supplier Non-assignment.The Supplier shall not assign any interest, obligation or benefit under or in this Contract or transfer any interest in the same,whether by assignment or novation, without prior written consent of the City, the granting of said consent being in the City's sole discretion. 1.13. Indemnification and Hold Harmless A. Supplier's Obligations 1. The Supplier shall indemnify and hold harmless the City, its elected and appointed officials, officers, employees, and agents from and against all third-party claims, damages, losses and expenses, including costs of defense as defined herein, arising out of or resulting from the performance of the Work, and shall, after reasonable notice, defend and pay the expense of defending any suit, and will pay any judgment, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and (2) is caused in whole or in part by any negligent act or omission of the Supplier, any subcontractor, anyone directly or indirectly employed or retained by any of them or anyone for whose acts any of them may be liable. 13 2. In any and all claims against the City or any of its officers, agents or employees by any employee of the Supplier, any subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable,the indemnification obligation under this article shall not be limited in any way by benefits payable by or for the Supplier or any subcontractor under Workmen's compensation acts, disability benefit acts or other employee benefit acts. 3. Should a court of competent jurisdiction determine that this Agreement is subject to, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Supplier and the City, its members, officers, employees and agents,the Supplier's liability hereunder shall be only to the extent of the Supplier's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Supplier's waiver of immunity under industrial insurance, solely for the purposes of this indemnification.This waiver has been mutually negotiated by the parties. 1.14. Disputes, Claims and Appeals The Supplier shall address questions or claims (other than a request for equitable adjustment) regarding the Contract in writing to the City,within ten (10) days of the date in which the Supplier knows or should know of the question or claim (including any denial of request for equitable adjustment). No claim by the Supplier shall be allowed if asserted after final payment under this Contract. No claim shall be allowed for any costs incurred more than ten (10) days before the Supplier gives written notice, as required in this section.The City shall ordinarily respond to the Supplier in writing with a decision, but absent such written response,the questions or claim shall be deemed denied upon the tenth (10th) day following receipt by the City. Discussion between the Supplier and City after the time period for notification of claim has expired shall not waive the ten (10) day requirement in this Subsection. Pending final decision of a dispute hereunder,the Supplier shall proceed diligently with the performance of the Contract and in accordance with the direction of the City. Complying with the procedures set forth herein are a prerequisite to filing any lawsuit by the Supplier against the City. Failure to comply precisely with the time deadlines under this Subsection as to any claim shall operate as a waiver and release of that claim and an acknowledgement of prejudice to the City. 1.15. Severability Should any provision of this Contract now or at any time during the term hereof be in conflict with any federal, state, or municipal law, regulation or the like, or any applicable judicial decision,then such provision shall continue in full effect only to the extent permitted. In the event any provision of this Contract is thus held inoperative or unenforceable,the remaining provisions of this Contract shall nevertheless remain in full force and effect. 14 1.16. Nonwaiver of Breach A waiver by the City of any breach or violation by Supplier of any provision of the Contract shall not constitute a waiver of any further or additional breach of such provision or of any other provision. No provision of this Contract may be waived by Supplier except with written notice to the City.This Contract may only be amended by a Change Order signed by both Parties. 1.17. Patents, Royalties and AMI Supplier's Infringement Indemnity The Supplier is responsible for paying all license fees, royalties, or the costs of defending claims for the infringement of any intellectual property that may be used in performing this Contract. Before final payment is made on this Contract,the Supplier shall, if requested by the City, furnish acceptable proof of a proper release from all such fees or claims. Supplier's Infringement Indemnity. Unless the materials were produced based upon City's specifications, Supplier shall indemnify and hold the City harmless from and against any and all third-party suits, actions, losses, damages, claims or liability of any type of character, type or description, including, but not limited to, all expenses of litigation, court costs and attorneys' fees, based upon any claim of infringement of any patent or other license or intellectual property right (whether by way of trademark or otherwise) resulting directly or indirectly from the manufacture,sale, supply or importation of the parts and components or their use. Supplier agrees to notify the City as soon as reasonably possible of any material matters with respect to which the foregoing indemnity is likely to apply and of which the Supplier has actual knowledge. If notified in writing of any action or claim for which the Supplier may be liable to provide indemnity,the Supplier shall, without limitation, defend (subject to reasonable consultation with the City) such action or claim at Supplier's expense and pay the cost and damages and attorneys'fees awarded against the City in such action or claim; provided, however,that the Supplier shall have the reasonable right to control the defense and settlement of all such actions or claims,which settlement shall be subject to the consent of the City if applicable, not to be unreasonably withheld. Indemnification pursuant to this provision shall not be predicated on the City having made payment on any such claim.The obligations of this Subsection 1.18 shall survive Contract completion or termination and/or assignment of this Contract. Supplier grants the City a royalty-free irrevocable non-exclusive license to use the technologies provided and contained in the materials furnished for the relevant Advanced Metering Infrastructure Reading System project. 1.18. Patents, Copyrights and Rights in Data Any patentable result or materials suitable for copyright arising out of this Contract shall be owned and retained by the City excluding improvements to Supplier's own previously patented and copyrighted items, which shall and do remain the sole and exclusive property of the Supplier.The City in its sole discretion shall determine whether it is in the public's interest to release or make available any patent or copyright. The Supplier agrees that the City shall own any plans, drawing, designs, scope of Work, computer programs, technical reports, operating manuals, calculations, notes and other Work 15 submitted, or which is specified to be delivered under this Contract, whether or not complete (referred to in this Subsection as "Subject Data"). Notwithstanding the above, nothing in this Contract transfers any right, title or interest in or to any previously patented or copyrighted items of the Supplier to the City or any other party. The Supplier shall ensure that the substance of foregoing Subsections is included in each subcontract for the Work under this Contract. 16 SECTION 2 ADDITIONAL CONTRACT TERMS AND CONDITIONS 2.1. Execution of the Contract and Total Price A. The documents constituting the Contract between the City and the Supplier are intended to be complementary so that what is required by anyone of them shall be as binding as if called for by all of them. In the event of any conflicting provisions or requirements within the several parts of the Contract Documents,they shall take precedence as listed on the Contract Form.The date the Contract Form is countersigned by the City is the Contract Effective Date. No other act of the City shall constitute Contract award.After Contract award,the City shall issue a "Notice to Proceed" detailing the Work to be performed.The Contract Price shall not be adjusted unless authorized by a Change Order in accordance with Subsection 1.2 Contract Changes. B. Equipment and Services may be purchased at the City's option based on the unit prices set forth in Attachment B. C. The Contract may be executed in two counterparts, each of which shall be deemed an original and which shall together constitute one Contract. D. Cooperative purchase by other governmental or municipal agencies shall only be allowed in compliance with and the execution of an Intergovernmental Cooperative Purchasing Agreement as appropriate. 2.2. Contract Term and Notice to Proceed A. The term of this Contract shall commence on the Effective Date of the Contract and, unless terminated earlier at the City's discretion pursuant to the provisions of Subsection 1.4, shall terminate in ten (10) years. B. Notice(s)to Proceed shall be issued referencing this Contract. Notices to Proceed shall define and authorize the Work by the Supplier based on the Work contained in Attachment A.The Notice(s) to Proceed issued by the City may confirm duly executed Change Orders to the Contract terms,funding or other matters subject to Subsection 1.2, Contract Changes. The Supplier shall commence the Work upon receipt of the Notice to Proceed and shall diligently prosecute the same in conformity with the Contract Schedule, which the City may change from time to time for any reason. 2.3. Notices All notices or Documentation required or provided pursuant to this Contract shall be in writing and shall be deemed duly given when delivered to the addresses first set forth below. 17 City of Meridian Ferguson Enterprises, LLC Dennis Teller,Water Superintendent Tammy Rogers, CAPM Project Manager 2235 NW 8tn St. 9129 N Tyndall Ave Meridian, ID 83646 Portland, OR 97217 Phone: (208) 888-5242 Phone: (503) 209-4902 Email: dteller@meridiancity.org Email: tammy.rogers@ferguson.com 2.4. Invoices A. Project Invoices will be submitted monthly for the portion of work completed will be due 30 days from receipt. B. Support invoices will be billed on October one (1) of each year, due thirty (30) days from receipt. Support will include RNI Support and Sensus Analytics Hosting. See Attachment B for Pricing Index, Attachment C for General Equipment Warranty,Attachment D for System Performance Warranty,Attachment E for Service SaaS Agreement,Attachment F for Software Maintenance Agreement,Attachment G for Ferguson VAR Support. 2.5. Pricing Prices for Equipment and Implementation Services furnished under this Contract shall remain firm through December 31, 2024. Software support fees to remain firm and not exceed listed per service connection cost for a period of ten (10)years from the execution of this Contract. Annual software support pricing to be determined by annual service connection count defined in Attachment A"Summary of Work" and calculated accordingly by Pricing Matrix; Attachment B. 2.6. Shipping All prices shall include freight FOB to the delivery point(s) designated by the City.The City shall reject requests for additional compensation for freight charges. 2.7. Direct Costs Related to Additional Work All direct costs for additional work, if any, performed by the Supplier at the City's request, and included in a Change Order, shall be billed at cost and in accordance with subparagraph 2.5 above. 2.8. Warranty Provisions A. Warranty Applicable to Third Party Suppliers,AMI Manufacturer, Distributors and Subcontractors.The full manufacturer's warranty and service obligations, if any, shall be for the benefit of the City. With respect to the underlying products,the City's sole and exclusive warranty is that provided by the products' manufacturer.The Supplier shall cooperate with 18 the City in facilitating warranty related work by such suppliers, AMI manufacturer, distributors. SELLER HEREBY DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES,WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,ALL IMPLIED WARRANTIES OF MERCHANTABILITYAND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, AND IN NO EVENT,WILL SELLER BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE, COST OF REPAIRS OR INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RELATED TO THE UNDERLYING PRODUCTS PROVIDED. B. Installation Warranty. For those goods installed by the Supplier, if any,for a period of one (1)year from the date of installation,Supplier warrants that the installation services shall be performed in a professional and workmanlike manner and in accordance with manufacturer's installation instructions and local code requirements. Upon receipt of notice from the City that installation services were not performed in accordance with the warranty herein, Supplier shall re-perform the services to the City's satisfaction.The foregoing shall not apply if there is evidence of abuse or misuse by the City or any third party. 2.9. Express Warranties for Implementation Services A. The Supplier warrants that the Implementation Services shall in all material respects conform to the requirements of this Contract. B. The Supplier warrants that qualified, professional personnel with in-depth knowledge shall perform the Implementation Services in a timely and professional manner, and that the Implementation Services shall conform to the standards generally observed in the industry for similar Implementation Services. C. The Supplier warrants that the Implementation Services shall follow all applicable laws, rules, and regulations. 2.10. Equipment Warranty For the specific terms of the Equipment Warranty, see Attachment C incorporated herein as if fully set forth. Sensus AMI System Performance Warranty, see Attachment D incorporated herein as fully set forth. In addition, Software as a Service (SaaS)Agreement in attachment E. 19 ATTACHMENT"A" SCOPE OF SERVICES Background During Phase one,which was completed prior to the execution of this Contract, Sensus installed and implemented a Pilot AMI System and corresponding Meter Transmitters to monitor approximately 7,000 Sensus Iperl meters. Phase two will include the City purchasing a second and subsequent third base station under its own cost. Under this Contract, Ferguson shall complete the installation and commissioning of said Base Station/s and complete integration between TruePoint Solutions and Sensus Analytics. Summary of Work This project includes work and equipment required to implement an Advanced Metering Reading(AMI) System, as set forth in detail in the Proposal.This includes the following components: 1) Furnish and install FlexNet AMI system/s, provided by Sensus Metering Systems. 2) Furnish Tower Gateway BaseStation/s (TGBs) with all related hardware, cabling, and antenna. 3) Furnish and install the backhaul communication system capable of transferring data from the TGBs to the RNI. 4) Furnish and install data hosting capabilities. See Attachment F—Software Maintenance Agreement. 5) Provide technical and installation support to the City during deployment. 6) Provide training sufficient to enable City personnel to operate and maintain the system. The Supplier will test and ensure AMI system operation and connectivity are operationally ready and functioning reliably to ensure system coverage and data collection warranties are met as determined by Propagation study. Provide backup documentation of work products as appropriate to adequately record the Supplier's work, including assumptions made, regulation interpretations, methodology used, calculations, rationale supporting recommendations, and meeting or conversation records. Standards for the design deliverables will be as determined by the City. The Supplier shall: 1. Provide a project manager to support all Sensus FlexNet installation activities with the City and be the main contact point between the Supplier and the City during system deployment.The project manager will also coordinate all installation activities with the Sensus field engineers. 2. Provide the City access to RNI Launch Pad in the cloud. Provide training to operate the software and manage the RNI to identified personnel at the City's location. 3. Furnish and install a Modem that is compatible with a cellular provider of the City's choice. 20 4.. Furnish and install the communications link between the RNI and TGBs. Test the RNI and verify proper network connectivity to access the TGBs 5.. Set up the software application to export billing data from Analytics to a file that can be imported to the City's billing system. 6. Provide historical data files on an annual basis in a format approved by the City. The City shall: 1. Provide a main point of contact and contact information for project management activities to work with the Supplier project manager to help facilitate timely installation of the FlexNet system. 2. Acquire and maintain cellular contract for modems for the life of the system. 3. Pay annual fee hosting fee per proposal attached herein. Cost based on current service connection count on September 30th annually that are associated with the network access for all service sites where network access is available and operational as deemed by AMI System connectivity warranty. 4. Allow a minimum of thirty(30) days from the time the TGB is installed,the RNI is built, and Sensus Analytics is fully integrated with TruePoint Solutions to begin pulling reads for the purpose of billing. TGB Site Responsibilities The Supplier shall: 1. Provide the TGBs and antennas specified by Sensus that are sufficient to receive meter data and provide the meter data to the RNI. 2. Provide all bracketing needed to mount the antennas to the top of wood poles and existing tower structures. 3. Provide all strapping hardware needed to run the data and power cables from the base of the TGB sites to the antennas. 4. Connect to a ground field to properly ground the TGB and antenna equipment. 5. Install M400 Basestation to City provided structure at a site approved by Propagation process. 6. Mount a DB589-Y Omni antenna at a height no less than 100' per Propagation study. See Attachment H for Propagation Study 7. Connect to a ground field to properly ground the TGB, lightning protection, and antenna equipment per M400B installation guidelines. 8. Connect to a 120VAC power source at each TGB site from which the Supplier shall convey power to the TGB. 21 The City shall: 1. Provide a 120 VAC Power source to a 30 Amp circuit. 2. Apply for, pay for, and obtain any needed land use permits. 3. Provide backhaul service, either Fiber or carrier provider. Miscellaneous Responsibilities The Supplier shall: 1. Provide up to two (2) eight-hour days of training. Charges for additional days are displayed in Attachment B—Pricing Matrix. 2. Pay all applicable sales taxes. (When invoicing for Contract items,the Supplier shall list the applicable sales taxes separately from the price of the items on the invoice.) General Assumptions and Notes: 1. City: a. The City will purchase all required material for, and assist with the installation of,the additional base station/s. b. The City will continue to install and maintain meters and Smartpoints. 2. Ferguson: a. Ferguson will engage a contractor and provide the installation of additional base station/s. b. Ferguson will follow all Sensus guidelines when installing Basestation(s). c. Ferguson will provide basic VAR support as outlined in Attachment G.Additional support services are available upon request. 3. Sensus a. Support is outlined in the SaaS agreement in Attachment E. b. Two (2)years of data will be stored with the option to purchase an additional five (5)years. 22 ATTACHMENT"B" PRICING MATRIX Initial Deployment Sensus M400 TGB Collector $23,175.00 Omni Antenna $2,250.00 Installation of Base Station and Antenna $12,500.00 Project Management $5,500.00 RNI 4.X Onsite Training $6,250.00 Sensus Analytic Training $2,500.00 Sa Basic Integration to CIS $8,200.00 Total $60,375.00 *Additional base station installations required beyond original scope of agreement communication coverage area (Identified within attached Sensus propagation study)to be scoped separately and pricing provided at the time of request. Annual Support Fees **Endpoint Qty RNI SaaS Fee Sensus Analytic Fee Total Support price Per Service Hosting/Annual 20,409 $27,578.75 $22,030.00 $49,608.75 $2.76 20,410-22,000 $32,960.00 $26,366.25 $59,326.25 $2.70 22,001-26,000 $35,606.25 $30,782.50 $66,388.75 $2.55 26,001-30,000 $41,961.25 $35,298.75 $77,260.00 $2.58 30,001-34,000 $46,483.75 $40,057.50 $86,541.25 $2.55 34,001-34,720 $49,572.50 $42,060.00 $91,632.50 $2.64 34,721-39,658 $51,248.75 $44,163.75 $95,412.50 $2.41 39,659-42,830 $53,811.25 $46,372.50 $100,183.75 $2.34 42,831-47,000 $56,501.25 $48,690.00 $105,191.25 $2.24 47,001-52,000 $59,326.25 $51,125.00 $110,451.25 $2.12 * Annual Support Fees'subject to change.Support Fees to be updated at maximum,once annually on this form and provided to City by January 1 for implementation no earlier than Oct 1 of same calendar year. Fee's subject to 3% pricing annual escalation if the total endpoint count remains in range threshold from previous year. ** Endpoint Quantity Determination/Billed amount determined October 1 annually based on most current count current endpoints collected by City's AMI System capable of relaying/providing reliable and accurate two-way transmissions within a consecutive three (3)day read collection window.This calculation is to be based on the calculation and definition of Available Endpoints in Attachment"D"System Performance Warranty. 23 This page intentionally blank 24 ATTACHMENT"C" GENERAL WARRANTY 25 This page intentionally blank 26 Sensus Limited Warranty G-500R23 1.General Product Coverage. Unless otherwise provided herein,Sensus USA Inc. Stnelud Electronic Register+— 20 years' ('Sensus')warrants Its products and pans to be free front defects In material and Sensusw Smart Gateway Sensor Interface lyaar° waskmansh)p for one(1)year from the date of Sensus shipment and as set forth below. All products are sold to customer("Customer")pursuant to Sensus'Terms of Sate,avail- SmartPolnt'510Ml520M1515Mr512M Modules and Batteries 20 yeah able al:sensus.comrfC('Terms of Sale'. 2.SR Its and accuSTREAMm 510",314"&1"Meters are warranted to perform to new 11.ally®Meter Batteries and Components,Including SmanPolnt SJGM1520M Modules meter accuracy level set forth in the SR II and accuSTREAM Dale Sheets available at are warranted to be free from defects in material and workmanship from the Date of sensus.com for five(5)years from the data of Sensus shipment or until the registration Installation,as dolined In SectEon 3,for the penod stated below: shown below, whichever occurs first. Sensus further warrants that the SR II and —xi STREAM meters will perform to at least AVNA'A Repaired Meter Accuracy Batteries 15 years" Standards for fifteen(15)years from the date of Sensus shipment or until the registration Sensors _ 5 years shown below,whichever occurs first: Valve&Gear Moller 5 years' New Meter Accuracy Repair Meter Accuracy_ SmanPoint 510M1520M Modules and Batteries In service Wally 15 years` SM'SR I I Meter and 500,000 gallons 1,500 000 gallons accuSTREAM Meter a14"SR 11TR MetAM Mete 760,000 gallons 2.250.000 gallons ' Sensusvl�ll repair orraplaee non-perfomvng: arxztSTRFJ4M Meter 1'SR II Meter and IPERL System Ballades,.,Nor the IPERL System powtube.the pow sensinb and dada processing 0Q 1,0000gallons 3,000,ODOgallons amambHos,and[he register(-dP m EALSyslacom ms'pone )Wthhourymads, accuSTREAM Meter . SmartPoinl 510M1520M?5l5W1512M•PLS Modules (cen0gured to the factory setting of sIx vanerm'sslons per day under normal system operation of up M one demand read to each SmadPoinl 3.allye Meters that register water flow are warranted to perform to the accuracy level Module per mends aad up to five firt—aaeo downloads during the life of the pruducti and batiedes, set forth in the a;1y Data Sheet available at sensus.00m far fifteen(15)years from the unless the smartPolnl 61OWS20M Module Is ever paired cater an aly Meter, which event Dale of Installation,but no longer than sixteen(16)years from dale of manufacture,not imreediatey amends the wananly terms to Dose descabed in Sechan 11; Including the meters sensors,valve,and gear molar,which are warranted under at no cast forth•first fifteen(151 years Fmm the date of Sensus shipment,and for the remaining Two(5) different[arms desuIt ed below-As used herein,"Dot©of tn9[allatinn7 moans the data years at a pwreted percentage,applied tpwrards the published dial price in effect for the year the product after which the ally Meter has been out of empty pipe for seven(7)consecutive days,as is accepted by Sensus under the warrany conddions aucanfing to the following sutiedule: [hose days are measured by the ally Meter and stared In the meter's nonvolatile Years Replacameni Price memory. 1-15 0% 4.iPERLe Meters that register water flow are warranted to perform to the accuracy 10 30% levels set forth In the IPERL Dole Sheet available at sensus.com for twenty(20)years tt 4o1s from the date of Sensus shipment. The IPERL System Component warmnly does not Include the external housing. 18 50% 5.SR II maincases are warranted to be Tree from detects in material and workmanship is m% for twenty-five(25)years from the date of Sensus shipment.accuSTREAM maincases 20 70% will be free tram defects in material and workmanship for fifteen(15)years From the dale of Sensus shipment- >20 100% 6.Sensus 0MNI`Meters and Propeller Meters are warranted to perform to as set forth In OMNI and Propeller data shoats for one(1)year from the date of Sensus $ansus wi3l repair or replace non-performng t>ensus Eleclrenic Regislert with howdy reads Tor the first shipment. ten(10)years from the date of Sensus shipment,and for the remaining ten(10)years,al a prommd 7.Sensus accuMAG"and Hydroverse-Meters are warranted to be free from defects percentage,applied towards the published 11st pdres In affect forth.yearpmduct k.emptied by In material end workmanship,under normal use and service,for 16 months from the Sensus under warranty canditans according to the following schedule: date or Sensus shipment or 12 months from startup,whichever occurs first. Years i Replacemenl Pd- Years Repfaea rim Pd. 8, Sensus Registers are warranted to be free from derects in material and t--1a a% to 561s workmanship from the date of Sensus shipment for the periods stated below or until the 11 3o1i 17 0% applicable registration for AWJVA Repaired Meter Accuracy Standards, as set forth tip �43516 to 65% Minus,are surpassed,whichever occurs irsl7 13 40% 19 70% 518"thm 1"SR II,accuSTRFAM Standard Registers 25 years 14 4545 20 75% 518"[hru 1"SR II,accuSTREAM Encoder Registers 10 Yeats 15 50% s2e toot': All HSPU,IMP Conlaclor,R,E.R,Elea,ROM 1 year Standard and Encoder Registers for Propeller Meters 1 year OMNI and OMNI,Registers With Battery 10 years s Sensus®Smart Gateway Sensor lnlerfai—many valid only lot analog Meter Sample Rates of four 9.Sensus Electric and Gas Meters are warranted pursuant to the General Limited times per hourwith a Standard Tranmail Rate ofhoudy orgmalerfarths analog channel(s), Warranty available at sensus.oamlTC, c If appli.bfs,any SaortPonl5lOWS20M Modules ever paired with an ally Meter are wanamted with Iha foJI—ing Irritations: 10. Batteries, IPERL System Components, AMR arid Fte%Nat°communication . When configured to the default dmstaddaldan s.1[ingofsix easselssdeos of mehclegy and pressure per Network AMI Interface Devices are warranted to he free from defects in material and day and one update of temperature per day,ice 8marsPodnt is warranted to perform up to(-we(5) workmanship from the date of Sensus shipment for the padod stated below: fimtware upgrades for the S—,IPomt Maduie and up Io Rae(5)11—re upgrades for Ole aAy MNer, Electronic TouchPad 10years 25000pemtional Carnrnands,where'Cpembonel Commands'Include on demand reads(such as can—ldi.n,pressure,lemperature).en airy valve eommand,or a configuration cammend;and Act-Pak'Romota Monitoring Instruments 1 year . 15 Olagnostic Commands,vhlch Includes two-w®ycammum-11 ns tests and installations Gas SmaftPointe Modules and Batteries 20 years' for met t ten(10)years from Date of Installation at no cost.For the remaining Fwa(5)years,customer 0500 series Hand-Held Device 2 years Wit pay the reduced Replacement Pore of the thencurtenl Es[price In effect at the lime the product is Vehicle Gateway Base Station(NAG El)and other AMR Equipment 1 year accepted ter rawer in accerdaece yids fire rm0e siog sehadata� EasyLlnk Reader 1 Year years Replacement Pd. Years Replacement Price CPTPIDO 20 Years' 1-10 0% 14 65% FlexNet Base Station(Including the R100NA and M400 products) 1 year tit 35% 15 75% RM4180 1Year 12 45% --- a16 foc% IPERL System Battery and FPERL System Components 20 years' 13 55% ' Sensus vri0 repair of repMCR nompedomting Gas SmadPvint Modules[canfiguredto Iha factory ' NoNndhstan�rg the foregoing valve and gear motor component.of a!y Metiers are not warranled selling of Sdktransmt�lens per day under normal syslamoperanon of up to one demand read to beyond two thousand(2000)Verve$hrle aterattans,oven P me odjur fry period provided Mot herein has each Emadpoinl Module permonth and uplo five ftmmvam domigeds during the life ofthe product) rat yet expired-As used herein,W.N.Stale Operations means adjuslmenis of the Meter to open, batteries. Close,or reduce Dow. and ' Sensus vAll repair or replays non-performing CPTPI00 modules{mnfgumd at factory seling of four transmissions per day under nommal system operations of up to one demand read per month and up to five aernxare downioads during the life of the product)and batteries. 037 Davis Drive Morrisville,NC 27550 s E n 5 u 5 1.800.638-3748 a xylem brand 27 12.IPERL and ally Connectors and Cables are warranted to be free from defects in (COLLECTIVELY'CAUSES OF ACTION-)SHALL NOT EXCEED THE TOTAL AMOUNT materials and workmanship,under normal use and service,for ten(101 years from the PAID BY CUSTOMER TO SENSUS UNDER THIS AGREE MIN I THIS IS SO WHETHER dale or Sensus shipment.Moor or I1ron connectors included with a Sensus product are THE CAUSES OF ACTION ARE IN TORT, INCLUDING, WITHOUT LIMITATION, warranted according to the lemts for Third-Party Devices in Section 13, NEGLIGENCE OR STRICT LIABILITY, IN CONTRACT, UNDER STATUTE OR OTHERWISE- 13. Third-Party Devices are warranted to be free from detects in materials and AS A SEPARATE AND INDEPENDENT LIMITATION ON LIABILITY,SENSUS'LIABILITY workmanship,under normal use and service,for one(1)year from the date Sensus SHALL BE LIMITED TO DIRECT DAMAGES. SENSUS SHALL NOT BE LIABLE FOR:(y shipment.As used in this Sensus Limited Warranty."Third Party Devices'means ans any product,device,or component part used with a Sensus product that is manufactured or ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; NOR(II) sold by any party that is nal Sonsus.Failure of a Third Party Device which subsequently ANY REVENUE OR PROFITS LOST BY CUSTOMER OR ITS AFFILIATES FROM ANY causes failure to a Sensus device shall be the responsibility of the manufacturer of the END USER'S),IRRESPECTIVE OF WHETHER SUCH LOST REVENUE OR PROFITS IS Third Party Device. CATEGORIZED AS DIRECT DAMAGES OR OTHERWISE; NOR (III) ANY INIOUT COSTS; NOR (IV) MANUAL METER READ COSTS AND EXPENSES; NOR M 14 Software.Software supplied and/or licensed by Sensus Is supported according to DAMAGES ARISING FROM MAINCASE OR BOTTOM PLATE BREAKAGE CAUSED BY the terns of the applicable software license or usage agreement.Sensus warrants that FREEZING TERMPERATURES, WATER HAMMER CONDITIONS. OR EXCESSIVE any network and monitoring services shall be performed In a professional and WATER PRESSURE. 'IWOUT COSTS' MEANS ANY COSTS AND EXPENSES workmanitke manner. INCURRED BY CUSTOMER IN TRANSPORTING GOODS BETWEEN ITS WAREHOUSE AND ITS END USER'S PREMISES AND ANY COSTS AND EXPENSES INCURRED BY 15.Return.Sensus'obligation,and Customer's exclusive remedy,under this Sensus CUSTOMER IN INSTALLING,UNINSTALLING AND REMOVING GOODS. 'END USER- Limited Warranty is, at Sensus' option, to either O repair or replace the product, MEANS ANY END USER OF ELECTRICITYANATERIGAS THAT PAYS CUSTOMER FOR provided the Customer(a)returns the product to the location designated by Sonsus THE CONSUMPTION OF ELECTRIGTYIWATERIGAS,AS APPLICABLE. within the warranty period;and(b)prepays the freight costs both to and from such location;or(ii)deliver replacement components to the Customer,provided the Customer The limitations on liability set forth in this Agreement are fundamental inducements to installs,at its test,such components in or on the product(as instructed by Sensus), Sensus entering into this Agreement.They apply unconditionally and in all respects. They provided.that If Sensus requests,the Customer(a)returns the product to the location are to be interpreted broadly so as to give Sensus the maximum protection permitted under designated by Sensus within the warranty pednd;and(h)prepays the freight costs bath law, to and from such location.In ail cases,If Customer does not return the product within the lime period des)gnated by Sensus.Sensus vAll invoice,and Customer will pay within ihlrly days of the Involee dale, for fhe cast of the replacement product and/or components, The return of products for warranty chinos most follow Sensus'Returned Materials Authorization IRMA)procedures.Water molar returns must include documentation of the Customers test results. Test results must be obtained according to AWWA standards and muss specify the meter serial number. The test results wilt not he valid if the meter is found to contain foreign materials. If Customer chooses not to test a Sensus water meter prior to returning it to Sensus.Sensus will repair or replace the meter,at Sensus'option,after the meter has been tested by Sensus.The Customer will be charged Sensus'then current testing fee.All product must be returned In acoordarice with the RMA process. For all returns,Sensus reserves the right to request meter read- ing records by serial number to validate warranty claims. For products[hat have become discontinued or obsolete("Obsolele Product',Sensus may,at its discretion,replace such Obsolete Product with a different product model ('New Product"),provided that the New Product has substantially similar features as the Obsolete Product. The Now Product shag be warranted as set forth in this Sensus Limited Warranty, THIS SECTION 15 SETS FORTH CUSTOMER'S SOLE REMEDY FOR THE FAILURE OF THE PRODUCTS,SERVICES OR LICENSED SOFTWARE TO CONFORM TO THEIR RESPECTIVE WARRANTIES. 16.Warranty Exceptions and No Implied Warranties. This Sensus Limited Warranty does not Include costs for removal or Imslallallon of products,or costs for replacement labor or maledafs,which are(he responsibility of the Customer. The warranties in this Sensus Limited Warranty do not apply to and Sensus has no riablilly for goods that have been:installed Improperly or In non-recommended installations;installed to a socket that is not functional,or is not In sale operating condition,or is damaged,or is in need of repair; tampered with;modified or repaired with parts or assemblies not certified in writing by Sensus, including without Ilmilation,communication pads and assemblies; impropedy modified or repaired (Including as a result of modlficahoms required by Sensus);converted;altered;damaged;read by equipment not approved by Sensus;for water meters,used with substances other than water,used with non-potable water,or used with water that contains dirt,debits,deposits,or other Impurities;subjecled to misuse,Improper-storagr„improper care.Improper maintenance,or improper periodic testing (collectively, 'Exceptions.'). If Sensus identifies any Exceptions during examination,troubleshooting or performing any typo of support on behalf of Customer, then Customer shall pay for and/or reimburse Sensus for all expenses incurred by Sensus in examining, troubleshooting, performing support activities, repairing or replacing any Equipment that satisfies any of the Exceptions defined above. The above warranties do not apply in the event of Force Majeure,as defined in the Terms of Sale. THE WARRANTIES SET FORTH IN THIS SENSUS LIMITED WARRANTY ARE THE ONLY WARRANTIES GIVEN WITH RESPECT TO THE GOODS, SOFTWARE, SOFTWARE LICENSES AND SERVICES SOLD OR OTHERWISE PROVIDED BY SENSUS, SENSUS EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE,REGARDING ANY MATTER IN CONNECTION WITH THIS SENSUS LIMITED WARRANTY OR WITH THE TERMS OF SALE,INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE,MERCHANTABILITY,NON-INFRINGEMENT AND TITLE. SENSUS ASSUMES NO LIABILITY FOR COSTS OR EXPENSES ASSOCIATED WITH LOST REVENUE OR WITH THE REMOVAL OR INSTALLATION OF EQUIPMENT. THE FOREGOING REMEDIES ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR THE FAILURE OF EQUIPMENT, LICENSED SOFTWARE OR SOFTWARE SERVICES,AND OTHER SERVICES TO CONFORM TO THEIR RESPECTIVE WARRANTIES. 17. Limitation of Liability. SENSUS' AGGREGATE LIABILITY IN ANY AND ALL CAUSES OF ACTION ARISING UNDER, OUT OF OR IN RELATION TO THIS AGREEMENT, ITS NEGOTIATION, PERFORMANCE, BREACH OR TERMINATION 637 Davis Drive —_ Morrisville,NG 27560 S E n s u 5 1-BOO-636-3746 a xylem lxancJ 28 ATTACHMENT"D" SYSTEM PERFORMANCE WARRANTY 29 This page intentionally blank 30 Sensus AMI System Performance Warranty CF-C-WAR-00-01-0814-01-A 1. Terms of Sale B. Route Read Success Test, Sensus USA Inc.('Senses')warrants the performance of theAMI System to the Customer I. The Route Read Success Test will measure the percentage of Route Units that as set forth below. This warranty and all products and services sold or othorwdso provided deliver valid billable meter reads during the Sling Window. The Route Read by Sensus directly to the Customer are pursuant to the Sensus Terms of Sale,available aL Success Test only measures reads sent from the Route Units;itdoes not include hWLlllasensus.ctimlTClfermsCondilions.otlf('Terms of Sale'). on demand reads.The commencement date of the Billing Window shall be 2. Performance Warranty.The'Performance Warranty is as follows: agreed by Customer and Sensus. A. Warranty.Sensus warrants to Customer thattho AM[System deployed for a particular (uorrw,rtaun'ts that delveravAdbuawamatar Utility Customer meets the performance lest standards set forth below in section 3 Route Read$tueo= leax read dunrg U.Biting wrdrw) ('Periom3ance Test Standards')from the Effective Date until the Warranty End Date. {Mal AofRov.1.10.hmeappik bbtmuts) If the Utility Cuslomer'sAMt System does not meet such Performance Test Standards, I. IF Route Read Success Is equal or greater than Success percentage then as Sensus'sole obligation and Customer's sole remedy,Sensus shall take steps during one Billing Window,the Performance an an t Standards for that Route has that Sensus deems necessary,in Sensus'sole discretion,[a cause The AMI System to satisfy the Performance Test Standards. Such steps may include Sensus'delivery Passed.Customer shall prompliy issue written notice to Sensus that eltier{a} to the Utility Customer(without charge to the Ultitly Customer)the hardware for Seosus has not successfully completed the Performance Test Standards for the additional RF Reid Equipment,provided that all RF Field Equipment shaf}be located applicable Route;or(b)Sensus has successfully completed the Perlormance and instated as directed by Sensus.Utility Customer shall have IhIs to all equlpment Test Standards for the applicable Route and such notice shall specify the provided pursuant to ibis subsection{A). Notwithstanding anything to the contrary, applicable Route and shall state the date on which the Route Read Success Customer shall pay forany Recurrent RE Field Equipment Fees and any Ongoing Fees Test was successfully completed.If Cuslomerdoss not Issue such notice for all equipment provided pursuant to this subsection fA). within five days of completion of the test,then the lest is automatically deemed B. Limltatlons,The Performance Warrant shall oil a successfully passed.Sensus has no obligation To continue opfirrill the y y apply;(I)to the Meter Data;(it) system and meeting performance specifications upon successful completion of from the Effective Date until the Warranty End Date;(IfI)if Sensus has completed a the Performance Test Standards for each Route.This process shaf continue propagation study for the appliratile Willy Cuslomor based on the Performance Test unlit all Routes have successfully completed the Performance Test Standards. Standards,such propagation study has been approved in writing(including without if Sensus does not successfully complete the Performance Test Standards limitation,by email)by Sensus,and such propagation study has been agreed to in for the applicable Roue,[hen upon receipt of notice,Sensus shall fulfil its writing (including without limitation, by email) by the Utility Customer('Cetitied obllgatkms In Section 2 above,and the applicable Route shall be relented within Prooaaalion Stud ) (for darity, the Certified Propagation Study consists of all a reasonable time. documents of the propagation study,including without limitation,the server map and !it. Upon completion of the Performance Test Standards for all Routes,Customer the document describing the Required RF Field Equipment Iecall4ns and antennae shall promptly issuenofwritten notice to Sensus that s fher(a}Sensus has not dalatic);(iv)if€he Utility Customer has entered into a Spectrum base Agreamenl with shall promptly ully completed the P Police t race Test Standards for the su System; Senses;(in Tell the Required RF Field RE Fleeal Identified In1 In Certified Propagation or(b)Sensus has successfully completed the Performance Test Standards for Study is€nsled P(vi)if the Required RF Field Equipment hiris Installed as bons and [he AMI System and such notice shall state the dale on which the Performance In the Certified Propagation Study,including without Study,on,in the locations R ns and Test Standards was successfully completed.If Customer aces not issue such at the heights identified in the CanPoed Propagation Study; and{tit)the Required notice within five days of compielbri of the tests,then the Performance Test RF eteiv ly [he'R is it operating and has been Requimaintrement to Sensus' d, then: theons Standards for the AMI System is automatically deemed successfully passed. If (collectively, the Warranty 'Requirements'). If any Requirement is not satisfied, then: the Sensus does nut successfully complete the Performance Test Standards,then Performance Warranty is void;Sensus has no obligation ie remedy the raw System upon receipt of notice,Sensus shall fulfil its obligations in Section 2 above,and performance;Sensus has no Bible[ion urto provide such Field Equipment hardware al no the AMI System shall be retested within a reasonable iime_ cost;and Customer is responsible for purchasing such RF Field Equipment,even If if is necessary to meet the specificaliors set forth in Iho Performance Test Standards. 4, THE WARRANTY SET FORTH IN SECTION 2 OF THIS PERFORMANCE WARRANTY Furthermore, if new andlor different RF Field Equipment locations are required IS THE ONLY WARRANTY RELATED TO THE PERFORMANCE OF THE AMI SYSTEM. as a result of not meeting any Requirements,Customer agrees to:pay Sensus for SENSUS EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS, the camplefton of any add€liorel propagation studies;pay Sensus for the additional WARRANTIES,CONDITIONS,EXPRESSED,IMPLIED,STATUTORY OR OTHERWISE, RF Field Equipment hardware;perform the necessary site preparation;and pay for REGARDING ANY MATTER IN CONNECTION WITH THESE TERMS OF SALE, any Recurrent RF Field Equipment Fees and any Ongoing Fees for all equipment INCLUDING WITHOUT LIMITATION,WARRANTIESAS TO FITNESS FORA PARTICULAR purchased pursuant to this subsection(8). Any equipment required pursuant In this PURPOSE,MERCHANTABILITY,NON-INFRINGEMENT AND TITLE. subsection(0)is added to the definillon of'Required RF Field Equipment.' 5, SENSUS ASSUMES NO LIABILITY FOR COSTS OR EXPENSES ASSOCIATED WITH 3. Performance Test Standards LOST REVENUE OR WITH THE REMOVAL OR INSTALLATION OF EQUIPMENT. THE A. Generally. FOREGOING REMEDIES ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR I. The parties shall mutually agree on specific reading routes{each a°R�g)g'}. THE PERFORMANCE OF THE AMI SYSTEM, Each Route will be separately lasted with the intent to provide incremenlat 8 Limitation of Liability. acceptance of dislncly defined geographical areas and populations of meters. SENSUS'AGGREGATE LIABILITY IN ANY AND ALL CAUSES OF ACTION ARISING Each Route shall contain a statistical sample of TestUnits('Rolrtelfnits').Route UNDER,OUT OFORIN RELATION TOTHISWARRANTYANDALLOTHERAGREEMENTS Units only include the Test Units installed in the applicable Route. For Utility BETWEEN SENSUSAND CUSTOMER,THEIRNEGOTIATION,PERFORMANCE,BREACH Customers Mh any comttinaiion of water,gas,and eiecidbly Fndpoinls,the OR TERMINATION (COLLECTIVELY'USES OF ACTION'} SHALL NOT EXCEED water Endpoints,gas Endpoints,and electricity Endpoints will each be tested (1)IF CUSTOMER IS ALSO THE UTILITY CUSTOMER,THE TOTALAMOUNT PAID BY separately according to the procedure below. For clanly,a single Route will not CUSTOMER TO SENSUS;OR(II)IF CUSTOMER IS NOT THE UTILITY CUSTOMER, have a combination of water,gas,and electilcity meters,but twill consisl of only THE TOTAL AMOUNT PAID BY CUSTOMER TO SENSUS SOLELY IN RELATION TO water,gas,oreiecldoilyTest Units. THE UTILITY CUSTOMER. THIS IS 50 WHETHER 714E CAUSES OF ACTION ARE IN it. Before beginning the Performance Test Standards,all Route Units must be TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY, IN installed.Customer shall send written notice toSensusonce the Test Equlpment CONTRACT,UNDER STATUTE OR OTHERWISE.ASA SEPARATE AND INDEPENDENT and all Route Units are Installed('RouteDeolovment7.Such neliceshallindicate LIMITATION ON LIABILITY, SENSUS' LIABILITY SHALL BE LIMITED TO DIRECT the date an which the Route Oeploymenl was completed('Route ooPlovment DAMAGES. SENSUS SHALL NOT BE LIABLE FOR:(1)ANY INDIRECT,INCIDENTAL, ? SPECIALOR CONSEQUENTIAL DAMAGES;NOR(11}ANY REVENUE OR PROFITS LOST Ill. Within thirty(30)days after the Roule Deployment Dale,the parties shaf begin BY CUSTOMER,UTILITY CUSTOMER OR EITHER OF THEIR AFFILIATES FROM ANY the Performance Test Standards on the Route.Customer,Wlilly Customer,and END USER($),IRRESPECTIVE OF WHETHER SUCH LOST REVENUE OR PROFITS IS Sensus shall work in good faith to complete the Performance Test Standards no CATEGORIZED AS DIRECT DAMAGES OR OTHERWISE;NOR(IIII ANY INIOUT COSTS; later than thirty(30)days after commencementof testing. NOR(IV)MANUAL METER READ COSTSAND EXPENSES.The IimRations on liability set forth herein are fundamental inducements to Sensus.They apply unconditionally and in all respects. They are to be Interpreted broadly so as 10 give Sensus the maximum protection permitted under law.To the maximum extent permitted by law,no Cause of Action may be instituted against Sensus more than TWELVE(12)MONT14S after the Cause oil first arose In the calculation of any damages in any Cause ofAction,no damages incurred more Than TWELVE(12)MONTHS prior to the filing of the Cause of Action shall he recoverable, SEnsuis 31 Sensus AMI System Performance Warranty 7. nefinittoas. L. 'RecurrentRF Field Equipment Fees'means any and all costs,fees,and expenses Any terms used in[his Performance Warranty as defined terns,and which are not defined required to;(i)warrant the RF Field Equipment;and(f)install and keep the RF Field herein,shall have the meanings given to those terms in IheTerms ofSale,asdalinad above. Equipment located in the field.Including without limitation,site procurement and A. 'All System' identifies the Sensus FlexNel Advanced Meter Infrastructure preparation fees,fees related to building poles or lowers,lower lease foes,costs of System deployed by the Customer,comprised of the SmartPoinl Modules,RF Field declrcily supply,and any local,state,or federal government taxes or charges. Equipment,regional network interface(RNI),software,FCC licenses, and other M. 'Remote Transceivee identifies the Sensus standalone,mounled relay device that Sensus equipment provided to Customer andlor to the Utility Customer. The AMI lakes the radio frequency readings from the SmarlPoinl Modules and relays them System only Includes the foregoing,as provided by Sensus to the Utility Customer, directly to the RNI by TCP11P backhaul communication. either directly or through a Sensus authorized diskibulor. The AMI System does not N. 'Required RF Field Equlpmenf means the number,location,and height of the RF include goods,equipment,software,licenses or rights provided by a third pady(ias(. Field Equipment set forth in the Codified Propagation Sludy, B. 'Avalfahle Motor'means an Inslallod Sensus FlexNel meter(with a SmartPoint C_ 'Rf Field Equipment means[he FlexNel Base Stations,Echo Transceivers,and Module installed)or a Sensus SmartPoint Module which has been installed on a Remote Transceivers. third party motor,and which,in eil case,is not an Unavailable Meter(or on an P. 'Service Territory'identifies the geographic area where Utility Customer provides Unavailable Meter in the case of SmartPoint Modules on third party meters) and elecllicity,water,andlor gas(as applicable)services to End Users as of the Efeclive which satisfies alt of the following criteria:(i)it functions property,is powered,and is Date.This area 411 be described in Utilily Customerand Sensus'spactrum lease filing not a damaged or failed meter,(II)if applicable,It is in a deployment area of meters with the FCC. such that a sufficient number of two-way meters are in range of each olher, {iii)it is serviced by RF Field Equipment that has not been subjected to a power failure 0. 'Spectrum Lease Agreemenf means a wiilten, signed agreement between greaterlhan eight(6)total hems;(fv)neither it nor the RF Field Equipmentihal serves Sensus and Utility Customer whereby the Utility Customer leases certain spectrum that meter has been affected by a Farce Majeure event;(v)jamming of the radio from Sensus. The Spectrum Lease Agreement may be included as part of a larger spectrum is not preventing or Inledering with radio communication to or from the agreement,such as an AMI Agreement or a Software License and Spectrum Lease meter;(vi)it is installed in the Service Territory;(vi)it has not been repoded to UGllty Agreement. Customer under Sensus'or Willy Customer's preventative maintenance;(viii)its R. 'Success Percentage means,of the covered meters in the propagation study, funclioning or performance has not been adversely affected by a failure of Customer 98.6% andt or Utility Customer to perform its obligations or[asks for which it is responsible, S. 'Test Equipment'means the number of RF Field Equipment and production RNIs including without limitation,testing and confirming that the socket to which the meter set forth in the Certified Propagation Study.The Test Equipment specifically does not will hers connected is in safe operating condition,is fully functional,is not corroded, include last Ri or backup Rl it only includes production RNIs. does not contain improperly Installed Jaws or other deficiencies,complies with ANSI T. 'Test Unitf means Endpoints that are bath;(I►Availoble Meters throughout lheenlire standaNs,and is nol'hoC,damaged,or otherwise in need of maintenance or repair, lest period;and(ii)are covered meters,as depicted on the Certified Propagation (Ix)its functioning or performance has nal been adversely affected by a failure or Study. insufciencyoflhebackhaultelecommunicationsnetworkforcommunicaltonsamong U. 'Unavailable Metere include meters with sockets with power cut at the pole,meters the components of the SensusAMl System;and(x)it has been installed in compliance that are booted on the line side,sockets that are not provided power due to a power with the procedures and specificalions approved by Customer and Sensus. delivery system lailure,meters with tamper,theft or other human induced failures C. 'Bitting Window fora meter means the fourday period commencing one day priorto that render the meter or SmarlPohl Module incapable of providing a read,a Force the relevant billing day for such meter and ending two days after such billing day.The Majeure event induced failures of the power delivery system,socket or meter,andl Billing Window for testing purposes shall be agreed by Customer and Sensus. or any system or meter maintenance issue that precludes the meter from transmitting D. 'Customer'means the entity that purchases goods andlor services direcgy from its message to the network. Examples of Unavailable Meters include:(1)Cut At Pole: Sensus. a meter for which power has been turned oft to[he socket by Utility Customer;(ii) E. 'Effective Date means the date the Utility Customer signs[lie Spectrum Lease Booled on Line Side:nominally a meter for which power has been fumed off by Agreement between Utility Customerand Sensus. placing'boots'In the socket from which the power to the meter has effectively been F, 'End Use?means any end user of electricity,water,andlor gas(as applicable) turned off;(till Failed or flawed power delivery to the meter socket:Ulilily Customer [hat pays Utility Customer for the consumption of electricity,water,andlor gas,as power generation,distribution or delivery system failure that has effectively turned applicable. off power to the socket andlor meter;(iv)Tampered Meters:soekels,meters or G. 'Endpoints'mean both(aj Sensus FlexNel meters(with a SmadPoinl Module dlslribulion assets that have been modified by unauthorized personnel rendering the molar incapable of providing accurate usage readings from that meter; Broken installed);and(b)Sensus SmadPoird Modules whlch have been installed on a third TouchCoupler unit'the TeuchCoupler unit is damaged by intentional or unintinl entional party meter. aces;(vi)Broken Clip:the clip that holds the TouchCaupler unit into the radio package H. 'Force Majeure'means an event beyond a parfy's reasonable conlrol,including housing is broken and the unit cannot complete the inductive electrical connection; without Itmitaliem,acts of Cod,hurricane,flood,volcano,tsunami,tornado,storm, (vi improper installation of the TouchCoupler unit:the TouchCoupler unit is not lempesl,mudslide,vandalism,illegal or unauthorized radio frequency Interference, pushed all the way into the housing clip causing the unit to not be able to complete strikes,lockouts,or other industrial distuMances,unavailability of component pans of the inductive electrical connection;ilWi)Unit not installed through the pit lid:the unit any goods provided hereunder,acts of public enemies,wars,blockades,insurrections, Is not installed with the antenna positioned through the pit lid and property secured riots,epidemics,earthquakes,fires,restraints or prohibitions by any court,board, with the retaining nut.The radio unit must also be securely attached to the antenna department,commission or agency of the United States or any States,any arrests section;(tx)Radio unit not securely attached to the Antenna unit:The waler-proof and restraints,civil disturbances and explosion. SmartPeint Module housing is not properly installed and secured to the antenna unit; I. 'in/Out Costs means any costs and expenses incurred in transporting goads (x)Damaged antenna the unll's antenna is damaged by intentional or unintentional between to and from End User's premises and any costs and expenses incurred in acts;(xi)Damaged radio package:the unit's water-proof radio package is damaged installing,uninstalling and removing goods. by intentional or unintentional acts;(xii)Data Base errors:the unit is removed from the J. 'Motor Data'means the specific metering information,including will limitation, system but not updated in the database.The unit is still shown as in the system when locations and antenna hgighls,provided to Sensus by Utility Customer in writing prior in fact has been removed;(xiii}Phantom Units:the unit is removed from the system to the earlier of the;(i)Effective Dale;and(ii)the dale set forth on the propagation but is still transmilling and being heard by the system;and(xiv)0 her Installation study(collectively,the'Data Date'). The parties recognize and agree that the RF Defect the unit is otherwise installed impmpery so that fl does not communicate with Field Equipment site design and build is based on the specific Meter Data provided to the FlexNel Base Stai Sensus.Forclarity,the Meter Data only contalns the information specifically provided V. 'Utility Customer'means the olihly customer that uses the Sensus goods and to Sensus by the Utility Cuslamerin writing priorlo the DaW Data_Bywayofaxample services in its AMI System regardless of whether such goods and services are only(and not as an exhaustive list),the`Meter Data'includes the latitudes and purchased directly from Sensus or from a Sensus authorized distributor.For dadty, long€tulles afeach meter,the location ofeach module either inside or outside(outside the Utility Customer is also the Customer if the Utility Customer purchases directly is assumed),and,for meters in pits,whether the radio is installed through or under from Sensus. the lid([he assumption is through the Ids),New or different metering locations and? W. 'Warranty End Date means the earlier of,,Ill the third anniversary of the Effective or antenna heights provided after the Data Date are not included as pad of the Meter Data. Date;(ii)successful completion of the applicable Performance Test Standards or (ii)the termination or explratkm of the Spectrum Lease Agreement between Utility K. 'Ongoing lees'means any reoccurring monthly or annual fees,including without Customer and Sensus. limitalion,fees for software and spectrum leases. 8601 Six Forks Road,Suite 700 Raleigh,NC 27615 1-800-638-3748 5 E 1^1 5 U 5 32 ATTACHMENT "E" SERVICE (SaaS) AGREEMENT 33 This page intentionally blank 34 [�=_ IiUEL7 4MFI `lf Advanced Metering infrastructure(AMI)Agreement between City of Meridian ("Customer") and SODStlS USA Inc. ("Sensus") IN WITNESS WHEREOF, [lie parties have caused this AMI Agreement ("Agreergen"y to be executed by their duly authorized representatives as of tho day and year written below.The date of the last party to sign is the"Effective Bate," This Agreemont shall commence on the Effective Rate and continue forluntll:b Years("Initial Term'). At the end of the Initial Term,this Agreement shall automatically renew for an additional term of 5 years("Eene)yal Term"). The" er 'shall refer to balk the Initial Tern and the Renewal Terri. This Agreement contains two parts:Pars(1) Is The FCC Notific4on for Spectrum Manager Lease, to be filed with the FCC by Sensus on behalf of the Customer and Part(2)is a AMI Agreement between Sensus and Customer.Together,These two parts create the Agreement. It Is acknowledged and agreed by the Parties that in the event of any conflict between this Agreement and the May 22,201a Professional Services Agreement For Monitoring And Data Collection entered Into by Customer and Sensus("May 22,2018 Agreement'),;he provisions of the May 22,2018 Agreement shall prevail, Sensus USA Inc. Tur, City f Meridian 7 By; By, Barrie: Tim Harriger Name; Taml,7 ,1 ie W42 04 Title: VP Sales NA Water Title, / 'a o tT Date: Jul 18, 2018 --- Date: � 7/ ?Z-/ r �� Contents of this Agreement; Part t;Notification for Spectrum Manager!_aria Part 2:AM1 Agreement Exhibit Software Exhibit B Technical Support CONFIaEN11k I Paco 1 of 14 35 SEnsus Part 1:Notification for Spectrum Manager lease ➢norderforSensustoapplytotheFCContheCuslorners.behalffcraspecWmmanagerlease Guslomermuslcvrnpfele(he lotomladonbolovrIn boxes ore(1)Ihrouyhlen(10)andcertllyvia authorized stgnetve,CvsWmeysslgrnRuraxlgindlcatolbot0ustomeraulhodzesSensustotfle the spectrum managerleasenotlllrtdionon FCC Fern60awlth the Customer asspxtmm Lessee,and n Cuslortter does not already have one,ovmerahMp disclosure Iniormauon on FCC Form E02 CualomerJ�eaeee Name: Lr`� Q� P,r1(-tj[�1�t V� A@enlionTn; M� Name or Real Party In Interest: -Ca+,mm JetVier-d StreetAddrese: J Ia . fJf 1�s�tA�7l H�$iy/11a1(� Cdy Y'sQit(t����l stoic ` Zip: P 3 �yq Phona: 9,Q13 1+861 05 2q Fax: Email: IsCuslonterconlactlnfamtian same asabove?12rYeS ONO(If No.camp:ete box 7bel7N) 2, Addltlonal Cuetomertessea Corded Informallon Com en Nome: Attention TN 31reN Addroas: City; Stale: Zip: Phone: Fax; Email: 3. Gr;t omedLesseels e(n)(Seleclone):❑lndlvldual 1❑Ualnoery Wgd1 AssoclaWn I❑Tnls1 {�GavemineM En01y I❑Corporation I❑WN160 Uablihl Company I QGeneral Pa trlersiip C]Llmlkd PamlelsNp 1❑Llmfled LinNiltyPadursNp I f]Corzeiim 1❑Other 4. FCC Fort 602:FCC Fie Number of Cualo=6 Form 602 Owmershlp Information; .If Cusfnmer has rwl 00d a Forth 602,Sensus Wit fide one for Customer.Please cemplsls questions 6,6,and 7 belovr d CrsWer does 0g)have a Farm ED2 on file. Costomermuslca tetehimu8,0and101nes ecke or whetther Cuslorner hog an owwOlp reportonIle. 5. CuslemerTWD V - — 5, Indlvldual Conrad For FCC Mallon Please deslpnals one hlxvv1dua �`l(Ile Drecciarof Pubk WOs er dmTar person)wh01s tosponslblo 1a the FCC for tha operation al R RuNel lade system, Noma Vats D0 , 1VLk 4E. Tida: p btie- Worvs V1 r.eckor p �y Emal;ok InQ,utSa C31(Y�P+�l�liz�v�f i Fhone:�g-•V4{ V — 51j0a 7. Ownerrhip loisclosureInformalion If CuSlanelrLes5ee IS a govammenz enuzy,bsi the names of the Mayor end all Council Members Wow,as well as yahly catteml ip old ownerdh`p inlsrests In arty enuly rauWaled by the FCC.Such mvnership must he dischsed whom a mayadcolxldl memkr awns 10%of mole,dlrecdp of fddirecuy.or has operating coutrel of any"ty s qut W FCC regaadon If any ansymr Ia OwnersUp questionlsYes or any answer(oCf emb question IsNo.p rwidaOnallacfinenl>♦ilhfu9ter anotion, UsCluzen7 Oxvrestl Ulsdosure7 MayorTZLVY11�Y1 de weed &4m ON. ❑Yca I>No Council Ma her: ,,�� otSQ In LJ+Yes ❑Nn ❑Yris L7No CourAIMember: 1 V► 1 ��// Ly1'es ON- ❑Yes (z�o CourcllMemhez: ,.� t--�� G-AVgmBy- as pHo ❑Yes L1allo CourrilM ber1 ONO ❑Yes R<- V vie L.i+tHe' CONFIDENTIAL Page 2 of 14 Meridian City Council Meeting Agenda July 24,2018- Page 184 of 534 36 SEnsus Coundl Member: � `-Av" h(Yes QNo Dyes ao Cnwldl Mee—m4ber: +'� 1 ^1` 1ps1�e� QYes ❑tlo Dyes G W Cotanil Membe Dyes ❑No ❑Yes ❑N0 Cauril Mernber: ClYas Elmo ❑Yes ❑No Courell Member: ❑Yes ❑NO ❑Yes ONO s. Allen Ownarthie Ouesilona V the samrisY provide anattachmentex lahi lhecimumslarim 1 is Via CLsWartassaaafora n ovarnmentor to represeRtaftolan fore n oxemmeol7 I 111Yes No 9. Bas1c[luallllcallon In[amollon 1)Has the Cusomer or any party to this applcaWn had any FCC stadan awhortratlort,license,or construction permit revoked or had any Dyes irrro applicalonforatlnWa modlficallonor renewal olFCC station auNoraa6anlKensodreanswc6cn ermkdanled by IheComrrssion7 f1 2)Has the Cuslomar or arty party to No Mirig,or a.1y party directly or Sndirecey cantroll rag the Cuslcaler or any parry to this IIIrg evar been Dyes k+lrfo canvtc0Qfareicn b an slateareCcr�cardr 3)Has any axift Finally adjudged Ufa Customer IX any party directly of Ifrdifocty C6rllrolIN ula Customer gritty of unlawtu3y alonnpolizkrg or ellempllrg to tmlevTdly monopolize radlo communleatfo.directly or Indlrecty.Nn1agh control of manufacture or sale of radio epWatte,exeiushre ❑Yes 9Ne Lrafk aurapgomeot,or aiy other means orunfakrelhodsofcom ction7 10. Customeril ossae Certification Statements 1 The Cuslomerllessea reeslhallheLaaselsrolasdea[hnsferefthalzerueiself. es 2)The Cuslarn rkessee acknuMedgas Thal It h required M wmpty wior W Conanlsslods Rules and Ragrfatcris and other applkable l err at all limes,and Ir the CuslOmbrn esses labs to so comply,the Lease may be revoked,cancelled,ce tnfmtaaied by duffer toLlcadseo or the Canes Comnlssian 3)The CuslamerA-essea cer0es that nelther II nor any other pad'(to the AppllaatloNNot ficadan Is subleci to a deolei of Federal benebts ptrsuant toSeclon5301ofUneAnu-Orug Abuse Act of1960.21U,5.C§06Z,bacauseofacoavlcUon for pcssesmonordlsuibutonofaconovimsubalame Bias {,Seca$01on 1,20p b of the ndes,47 CFft 1.2002 b,for the dednl4onal" to the a Tcallon"as used In this cerl aeatlan. 4)The CusiomarAessee herety aaepts CommlWhi ovemighl and enlxcarnanlwrefslanl th the Ikense and have aulhodzatan.The Lassea ackfxymedges 4ha1 it mMSt cooperate Nrly will any Invesggauon or Inquiry bonducted alter by the CommWor1 or the Ltatlaaa,alVN vie 1611as Commission er the Licensee to a duclon-slle itapacCons of UansmlWon faclilles,and suspend operations al the d:rectloa of the CommisdDm or Iho Licensee and to[he Rxlentlhatsuchsuspevlono_fnmilunxnuldhecornisranlwllh 9014nblaCommisafon polkles. S)Thar CusmmerlLessde a0unrModges Thal 1n the eyenl an auhWzaWc field by a Lkemee that has m=laied y41h N a spectrum leasing arrangement lhatsdtosul ectofms Wing Isrevoked,cancelled,Iermtnated,DroWYAseceasestobehetIoctlhecustomern.esseevAll have no [{ as conl.L�uing aulhomy to use the leased spoctrum and wit be regdrad to lerminalar:5 operations no later than tie dais on witch the licensee ceases (G hvre atif aWiDrityrtooperaleunderlhehoonse uWassolh"soauthorized bytheCommisMon. 6)The CustomeULessee agrees the Lease shay not be assigned to any enty that Is not ellgb'e or quaCkd to enter Into a spechin IeaskV [;Kosanan ementundertheCammlWWsRulesandR ulaWns, 7)TheCualOnleflle8WYiaiyeSanyclamlb[he use ofanyparGCulaf!fequencyordlUraalaCiNm89neNC8p0ditimasagaTmunerepNa(,aryDower eryag of the United Slates becauso o!thajyv4ws use of Iha same whnlher b s m lease orothervAsa. S)The Cuslomedl meo cerdfles Ihv,,II Is not In delauil an any payment for Commission licenses and that Itls not dalhquenl oA arty naA-Sax debt es owed!10 any federal all The Costomsr/Lwseo eortifles that all of Ile slatemenie made In this Appllcat1cn NollRcallon and In the schedules,cxhl0r,,otlachmeme,or documenla incorporated by reference are meladal,are parr 011 this AppiicatioNNOltllGtfon,and are true,complete,correct,and made In good faith,The Custgmehtosw shall nollfy 5ensys in writing In the event any Information aupplf ed an this form changes. T a or Printed Nome of Party AulhorludtoSign Firs{Name; T)7— Laslflame; Suft Tammy Ve 1 geev-, 1 Tito; Cuslortter Name: M7.4 Or Dk MleflckiAvi Signature: Dale: FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID, WILLFUL FALSE STATEMENTS MADE ON IRIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE DY FINE ANOMRIMPRISONMENT(US,Cade,Title 10,Section loci) AND)OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT{U,S.Code,Title 47.Sacllon 9f2(aN)ANDIOR FORFEITURE 1U.S,Code Title 47, Section 504 CONFIDENTIAL I Page 7 or 14 Meridian City Council Meeting Agenda July 24,2018— Page 185 of 534 37 a� SEnsus Part 2:AMI Agreement 1. Equipment. A. Equipment Warranty.All Field Devices,RF Field Equipment,and other goods jcoilec:Waly,"Eouismanl")shall he obtained from Sensus'authorized distributor and 01 warranges for the Equipment shall be punural(to the warranties provided by Sensus'authorized disuibulor.This Agreement shall not affect any terms aqd conditions,including any warranty terms,agreed by Customer and Sensus'authorized distributor.If Customereiects to purchase or accept any equipment or sesysces directly from Sensus,or rf Customer pays any fees or other costs to Sensus,then Sensus'Terms of Sale shall apply. The'Terms of a e'are avalable at.hltollna.senstm cnnV3 ClCennsConditicns ndl.or I400-METER-IT, B. THERE ARE NO WARRANTIES IN THIS AGREEMENT, EXPRESS OR IMPLIED. SENSUS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIDNS,WARRANTIES ANDIOR CONDITIONS,EXPRESSED,IMPLIED,STATUTORY OR OTHERWISE,REGARDING ANY MATTER IN CONNECTION WITH THIS AGREEMENT,INCLUDING WITHOUT LIMITATION,WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPDSE, MERCHANTABILITY,NON•INFRINGENENTAND TITLE. 2. Services. A. Installation of Equipment.Installation services will be as agreed between(he Customer and Sensus'authorized distribulor. Sensus w1l not provide Installation services pursuant to this Agreement. B. Software Implementation.Sensus shall Install and configure Uie Software on the Server Hardware, C. IT Systems Integration Services. Inlegration of the Software Into Customers new or existing internal IT systems is not included in this Agreement.Any Integration work shall be subject to a separate agreement which describes the scope and pricing for such work, O. Tochnlcal Support.Sensus she]provide Customer the technical support set forth In Exhlbit B. E. Project Management.Pmjocl management or the Anti System Is pot Inducted in this Agreement-Any preJeet management shall W sobjeot to a separate agreement which describes the scope and pricing for such work. F. Training.Training on the use of the AMI System is not included in this Agreement,Any Irainlrtg shall be subject to a separate agreement which describes the scope and pricing forsuch work. 3. Software. A. Software as a Service(SaaS),Sensus shall provide Customerwllh Sollware as a Service,as defned In Exhibit A.only so long as Customeris current in Its payments for such services. B. UCITA.To the maximum extent permitted by law,the Parties agree that the Uniform Computer Information Transaction Act as enacted by any state shall not apply,In whole or In pad,to this Agreement, 4. Spectrum A. Deflnlllons In this Section 4.in this Section 4 only,lagg s"shay mean Sensus USA Inc.and Its wholly owned subsidiary,Sensus Spectrum I.I.C. B. Spectrum Lease. Sensus hereby grants to Customer,and Customer accepts,a spectrum manager lease("Spectrum Lease')over the frequencies of certain FCC license(s)("FCC License")solely within Customers Service Territory. (The frequencies of the FCC Lkense within Customers geographic Service Territory are called the"Leow(U-peclrum'). Customer shall pay the Cngoing Fees for use of the Leased Spectrum. C. FCC Forms. At the Federal Communications Commission(FCC),Sonsus will;(1)obtain an FCC Registration Number(FRN)for Customer,(2)submft on behalf of Customer the FCC Form 6W Oaneisblp.Discosure Information If Customer has rot already done so; and (3) file a FCC Form 608, notif wtionlapptcalion for long term spectrum manager lease,This Lease becomas effective when the FCC accepts the FCC Form 608, D. Lease Application. In order to complete the FCC lease application,Customer will promptly: i. Complete and sign the repiesenlul ons in Part 1 of this Agreement such trial Customer demunshales it qualifies for a spectrum lease under FCC rules. Customers signature will indicate that Customer authorzes Sensus to;(1)obtain an FRN on behalf of Customer,(2)submit the FCC point 602 Ownershp Disclosure Information on behalf of Customer If Customer has not already done so;and(3)file(he spectrum manager lease notification on FCC Form 608 with the Customer as spectrum lessee. il. Give Sensus the coordinates of the boundaries of Customers Service Territory or,allematively,approve Sensus'estimation of the some. A. If Customer has not already dona so;Cuslumerhereby authorizes Sensus to apply on Customers behalf and obtain for Customer a Federal Reglstiallon Number(FRN,the FCC's unlque idenilher for each Ilcensee)and shag supply Sensus with Customers Taxpayer Identification Number(TIN). Iv. Pfovide any other Information or other coopofatlon roasonabiy necessary for the Parties to perform as set forth herein. E, Permitted Use of Spectrum Lease, Customer may transmit or fective over the Leased Spectrum only in the Service Territory and Only using FlexNel equipment manufactured by Sensus and used in accordance with Sensus'speclkcatiens. Customer may use the Leased Spectrum only to read and direct meters In support of Customers primary utilhy business or any other operation approved by Sensus In writing. Without limiting the foregoing,Customer is prohibited from reselling,subleasing or subllcensing the Leased Spectrum or from transmitting voice communications over the Leased Spectrum. For each piece of RF Flekf Equipment used by Customer,Customer shall affix a Sensus-supplied label to the exterior or the RF Field Equipment cabinet or other appropriate visible place to fndlcate that RF operation Is conducted underautority of FCC Ltcense(s)Issued to Sensus. F. Term of Spectrum Lease,Unless terminated earlier(because,for example,Customer stops using the FlexNet equpment or because this Agreement termlaates oT expires to any reason),this Spectrum Lease will have the same term as the FCC license. If Customer is operating in complfanee with thth Agreement and is current on any payments owed to Sensus,when the FCC License renews,the Parties wdlt apply to the FCC to renew this Spectrum Lease. G. Termination of Spectrum Lease. The SpacWm Lease will terminate: (a)No months after Customer slops transmuting with FlexNet equipment manufactured by Sensus;(b)upon termination,revocation or mphtion of the FCC License;(c)upon Oustomars breach of this Agreement;or(d)upon termination or expiration of this Ag reement for any reason. H. FCC Compliance,The following FCC requirements apply I. Pursuant to47CFR1.9040(a); (a) Customer most comply at all times with applicable FCC rules. This Agreement may be revoked by Sensus or the FOG it Customer fails to so comply; (b) If the FCC License is lemhinated,Customer has no continuing right to use the Leased Spectrum unless otherwise authorized by the FCC; (c) This Agreement is not an assignment,sale or other transfer of the FCC License: (d) ThlsAgreement may not be assigned except upon written consent of Sensus,which consent may be withheld in its discretion;and (e) In any event,Bensus will not consent to an assignment That doez not salisfy FCC mles, ii. Referencing 47 CFR 1.9010,Sensus retains do Iffre and do facto control over the applicable radio faciliffes,Including that, CONFIDENTIAL I Page 4 of 14 Meridian City Council Meeting Agenda July 24,2018— Paga 186 of 534 38 EEI sus (a) Senses will be responsible for Customer's compliance with FCC policies and rules. Serious represents and warrants that it has engineered fine FloxNat equipment and accompanying software and other programs to comply with FCC rules.Customer wit operate the FlexNet equipment sub)act to Sensus'supervlslon and control and solely In accordance with Sensus'specifications, $ensus retains the right 10 inspect Customer's radio operations hereunder and to terminate this Agreement or take any other necessary steps to resolve a vio[al€on of FCC rules,including to order Customer to cease transmission. Sensus wit Oct as spectrum manager in assigning spectrum under the FCC License so as to aveld any harmfut intorferenco or other vlofallon of FCC rules. Sensus whi be responsible for resolving any interference complaints or other FCC rule vioralfons that may adso;and @) Sensus will file any necessary FCC forms or applications and Customer agrees to reasonably assist Sensus with suds hill by providing any necessary information or other cooperation. Sensus will otherwise Interact with the FCC with respect to this Agreement,die FCC License or FlexNetequlpment I. Interference, Customer agrees to report to Sensus promptly,and In no event later than 72 hours afterward,any Incident related to the Leased Spectrum, including where Customer experiences harmful Interference,receives a complaint or other notice of having caused harmful interference,or receives any type of communication from the FCC or othorgevernment agency regarding radio transmfsslon. 5, General Terms and Conditions. A. Intentionally Cl S. Urnlialton of Liability. t. Sensus'aggregate Iiabirity In any and all Causes of action arising under,out of or in relation to this Agreement,Its negotiation,performance,breach of termination(collectively'Causes of Actions shall not exceed the gmaler of,(a)the total amount paid by Customer direclly to Sensus under this Agreement;or(b)ten thousand US dollars(USD 40,03.00).This Is so whether the Causes of Action are in tort,Including,without llmltation,negligence or strict Ilablllly,In contract,under statute or otherwise, As separate and Independent limitations on liabi fly,Sensus'dabllity shelf be limited to direct damages, Sensus shall not be liablefor,(CanyIndirect,Imldenlal,spectalorconsequentialdamages;nor(o)anyrevenueorprofitslostbyCuslemefor Its Affiliates(many End User(s),irrespective whethersuch lost revenue or proffs is categorized as direct damages or otherwise;nor®fi)any In out Costs;nor(iv)manual meter read costs and expenses;nor(v)claims made by a third party;nor(v)damages arising from maincase or bottom prate breakage caused by freezing temperatures,water hammer conditions,or excessive water pressure,The limitations on l abllltyset forth In Ilk Agreement are fundamental Inducements to Sensus entering into this Agreement. They apply,unconditionally and h all respects. They are to be interpreted broadly so as to give Sensus the maximum protection permitted under raw. it. To the maximum extent permitted by law,no Gauss of Action may be instituted by Customer aga7isl Sensus more than TWELVE(12)MONTHS after the Cause ofActton first arose. In the calculation of any damages In any Cause ofAcllon,no damages Incurred more than TWELVE(12)MONTHS prior 10 the Kling or the Cause of Action shall be recoverable. C. Termination. EllherparlymayterminatethlsAgreementearkeriftheotherpartyeammitsamaterialbreachofthisAgreementandsuchmaterialbreachIsnot cured within forty-five(45)days ofw(ftten notice by the other party.Upon any expiration or termination of th]sAgreement,Sensus'and Customer's obligations hereunder shaft cease and the sofware as a service and Spectrum Lease shelf immediatelycease. D. Force Majeure. II either party becomes unable,either wholly or in part,by an event of Force 1Aajeure,to fulfill its obligations under this Agreemenl,the obligations affecled by the event of Force Majeure wit be suspended during the continuance of that Inability. The padyaffacted byline farce ma)eure will tako reasonable steps to mitigate the Force Majeure. E. Intellectual Property. No Intellectual Property Is assigned to Customer hereunder.Sensus shall own or uunflnuo to corn all Intellectual Property used, created,aadlor derived In Via course of performing this Agreement To the extent,if any,that any ownership Interest In and to such lntellacluaf Property does not automatically vast In Sensus by virtua of this Agreement or olherdse,and Instead vests In Customer,Customer agrees to grant end assign and hereby does grant and assign to Sensus all right,title,and interest that Customer may have In and 10 such Intellectual Property.Customer agrees not to reverse engineer any Equipmentpurdnased or provided hereunder. F. ConFldentlality. Both pandas shall(and shall cause their employees and coaactors to)keep all Confidential Information stricly confidential and shall not dlsciose it to any third party,except to the extent reasonably required to perform and enlorce this Agreement or as required under applicable law,court order or regulation. The Confidential€nformallon may be transmitted orally,In writing,elechor Katy or otherwise observed by either pert'. Nah0standing the foregaing,"Confidential Information"shall not include;@ any infomtation that is in the pubic domain other than due to Recipient's breach of this Agreement 01) any information In the possession of the Recipient without restriction prior to disclosure by the Discloser;or(ill any information independently developed by the Reciplentwlthaut retance on the Information disclosed hereunder by the Discloser.'Disckisor"means either party that discloses Confidential informatan, and'Roeiolernl"means either party that recolvas IL G. Compliance with Laws. Customer shall comply with all applicable country,federal,state,and local laws and regulations,as set forth a1 the lime or acceptance and as may be amended,Changed,or supplemented.Customer shall not take any adloo,or permit the taking of any action by a third party,wlddh may render Sensus liable for a violation of applicable laws. 1. Enport Control Laws. Customer shall;n comply with all appllcable U.S.and local laws and regulations goveming the use,export.Import,ro-erpod, and 0ansfar of products,technology,and services;and Cal obtain all required authorizations,permits,and licenses.Customer shall Inn"cilatety notify Sensus,and immediately ruse all activities with regards to the applicable transaction,If the Customer knows or has a reasonable suspicion that the equipment,software,or services provided hereunder may be directed to countries in vlolston of any export control laws.By ordering egripmenl, software orsoMoes,Customer cortflos that It is moll m any U.S,govemmentexportexcluslon list. It. Anti-Cortuptlon Laws.Customer shall comply with the United States ForAn Corrupt Practices Act(FCPA),15 U,S,C,gg 78dd-1,at seq.;laws and regulations imptemenVng the OECO's Convol on CombaVng Unbery of Foreign Public MIMS in International Business Transactions;the U.N. ConvenVon Against Commption;the Inler-American Canvan0on Against Corruption;and any other applicable laws and reguladons relating to ant(. corruption in the Customers county or any country where perfotmance of this Agreement,or delivery or use of oquipmenl,sohwaro or services will CM, H. Non•Walver of Rights, A waiver by either party of any breach of this Agreement or the failure or delay of either party to enforce any of the articles or other provis€ons of this Agreementwfll not In any way affect,fimlt or waive that parry's right io enforce and compel strict compliance with the some or other artcles or provislans. I. Assignment and Sub•contzacting. Either party may assign VanslerordelegatethisAgreementwithoutfacloringiheotherpallconsent(ItoanAffitiate; (it)as part of a merger;or(ill)to a purchaser of all or substantially all of Its assets.Apart from the foregoing,neither party may assign,transfer or delegala this Agreement without the prior written consent or the other,which consent shall not be unreasonably withheld. Furthermore,Customer acknowledges Sensus may use subcontractors to perform RF Field Equipment Installation,the systems Integration work(if applicable),or project management(ff applicable),w hout requiring Customers consent. J. Amendments. No alteration,amendment,or other modificatlan shall be bindthg unless In writing and slgned by bath Customer and by a vice president(or higher)of Sensus. CONFIDENTIAL I Papa 5 of 14 Meridian City Council Meeling Agenda July 24,2018— Page 187 of 534 39 1< SEnsus K, Governing Law and dispute Resoiuttgn. This Agreement shall be governed by,construed and enforced In accordance wl1h the laws of the State of Delaware. Any and all disputes arising under,out of,or in relation to this Agreement.Its negotiation,performance or termination('D�i utes sha41 firs)be resolved by the Parties attempting mediation in Delaware.If tha Dlspule is not resolved within sixty{g6]days of the commencement of the mediation,It shall be IlUgaled in Vie state or federal courts Located in Delaware. TO THE MAXIMUM E74TENT PERMITTED BY LAW,THE PARTIES AGREE TO A BE14CH TRIAL AND THAT THERE SHALL 8E NO JURY IN ANY DISPUTES. L. Restrletlon on Discovery. The Parties acknowledge the abundance of documents,data,and other Information stored in an electronic manner and the time and costs associated with retrieving rolevant electronic data from the Parties during the Discovery porton of a claim.Accordingly,the Parties shall utilize only printed or hard-copy documents,data,and ether information In Discovery and shall not use or request elecronlc or e-Discovery malhods for any claim, demand,arbitration or litigation subject to dais Agreement All relevant and unprivileged printed or hard-oopy materials shall be subject to discovery,but neither Party has an obligation to maintain printed or hard-copy Has In anticipation of a claim,demand,114alfon,or arbilrarl proceeding. M. Survival. The provisions of This Agreement Thal are applicable to circumstances arising after its lelmioation or expiration shall survive such termination or explratioa N. Saver ibillty, In the event any provision of Ihls Agreement is held to be void,unlawful or odherwrl uncnlaoeable,that provision wall be severed from the remainder of the Agreement and replaced automatically by a provlslon contalning terms as nearly like the void,unlawful,or unenforceable provision as possible;end the Agreement,as se modified,will continue to be In full force and effect. 0, Four Comam. Thls written Agreement,including Bit of its exhlblfs,represents the entire understanding between and obloil is oftha parties es to Sollwara and Spectrum and supersedes all prior undurslandings,agreements,negullatlons,and proposals,whether written or oral,fomhal or Informal between the parties,except that this Agreement shall not amend or supersede the provisions of the May 2.2.2018 Profossienal Services Agreement For Monitoring And Data Collection between Customer and Sensus.Any adtftlonal writings shall not madly any Ilmltadons or remedies provided In the Agreement There are no oihar lens or condillons,oral,written,electronic or otherwise. There are no Implied otitlgatlona. Ali obligations are specifically set forth In this Agreement. Further,there are no representations that Induced this Agreement[hat are not Included In It. The ONLY operativa provisions are set forth in will In this Agreement. Wllhcul IlmiUng the generatty of the foregoing,no purchase order placed by or on behaff of Customer Shall allot any of Use terms of this Agreement. The parties agree that such documents are for administrative purposes only,ouen if they have terms and conditions printed on them and even If and when they are accepted andlor processed by Sensus.Any goods,software orservices delivered a provided in antiapation of this Agreement(far e.g.,as part of a pilot or because[his Agreement has not yet been signed but the parties have begun the deployment)under porthase orders placed prior to the execution of this Agreement are governed by Unts Agreement upon its execution and it replaces and supersedes any such purchase orders. P. Counterparts.This Agreement may be executed in any number of counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same Instrument. Additionally,this Agreement may be executed by fa&mlle or electronic copies,all of which shall he considered an original for all purposes. 6. Dollnitlone.As used In this Agreamcnt the following terms shall have the following meanings: A. "A1Rilafe"of a party means any other entity controlling,controlled by,or under common control wilh such party,where'conbol'of an entry means the ownership, directly or Indirectly,of 010 of more of elthe,(I)the shares or other Nutty 0 such enllty;or(t]the voting dghlS In such enllly. 8, "Alf/SWW'identities the Sensus FlexNel Advanced Motor Inhashtlure System comprised of the SrnariPanl Modtfes,RF Field Equipment,Server Hardware, software licenses,FCC licenses,and other equipment provided to Cuslomer hereunder. The AM]System only Includes the foregohsg,as provided by Sensus. Tile AMI System does not include goads,equipment,software,incenses or lights provided by a third parry or parties to Ihfs Agreement C. 'ConlldenUal fnforaraflorP means any asd all nonpubil information of either party,including the terns of this agreement,Bit technical intarmation about o bar padya pror is or services,pricing Information,marketing and marketing plans,Customers End Users'Bala,AMI System performance,AMI 5yslom architecture and 051% AMI System software,other business and financlel Inrormalice of either party,and all We secrets of ether party. 0. 'Echo Mnscolvar•idantiflas the Sensus standalone,mounted relay device that takes the radio frequency readings Tram the SmadPdnt lkdules still relays them by radio frequency to she relevant FlaxNel Base Station. E. "EardUsar!'m%ns any and userof electricity.water,andlor gas(as applicabro)that pays Cuslgmeriof the consvmpl4nofeleclriaty,woler,ondlorgo$.0oppliWble. F. 'FrsldOavlcer means 0*maters and SmarlPoIntModules. G. 'FlexNot base Sfaflon'identities the Sensus manufactured device conslallng of ons iranscell to be located on a tower Ihal receives readings from N CmanPeint Modules(either dhecty or via an Echo Transceiver)by radb fraquaney and passes lhose readings to the RNI by TCPl1P backhaul conritmInOoa For clarify,F1axNst Base Slallans Include Melts Base Stakuns, H, 'Farce Mafeure'means an even[beyond a parrs reasonable control,Including,without Inflation,acts of Cad,hurricane,Hoed,volcano,tsunami,tsmado,storm, Impost,mudslide,vandallsm,illegal or unauthorized radio frequency interference,strikes,lockouts,or other lNuslrial distwbances,unavalWbiltly rr component polls of any goods prtrdded hereunder,acts of pub5cenomies,wars,blookades,insurrections,riots,epidemics,earthquakes,fires,real-ants or prohibltims by any court,board, deparimeni,commNslon or agency of the United Slates or any Stales,any arrests and restraints,t' 01slurbances and explosion. I- 'Hosra f Som arer moans aaoseilems road as an Application In Exh}bt A. J. 'ln/0uf Casts'means any costs and expenses incurred by Customer to transporting goods beiwewt Its warsheuse and Ilc End Lases premises and any costs and expenses Incurred by Cuslomar In Inslafting,unlnslaTlrg and rernoNng goods. K. 'intellectual Property'means patents and patent eppttcallons,Invonlbas(whelhor patemallo or nos),trademarks,soMoo marks,Uadedress,copyrights,bade secrets, know-how,dale eghls,specifications,drawings,designs maskwonk fights,moral rights,authors tights,and other Inletectusl property dglus,Including any derivations andlor derivative works,as may exist now or hetoaner come Into exIslence,and at renewals end extensions thereof,regardless of wisether eny of sveh rights arise under the laws of the Lhlled Slates orof any olherslale,ceunby orjudsdb[lan,any reglsiraibnsor applications theme'.and all goodwJ pertlnentther[o. L. 'LGhf identifies the load contrd modules. M. "Onyglay Fee"means the annual or murilfily fees,es applicable,lo be paid by Customer le Sensus'aullnutized distribulordurinji ihs Temial Us Agreement. N. 'Pakhes'means patches or other maintenance releases of the Sakwaie that correct processing errors and other foutls end defects sound previous versions of the Software,For cladly.Patches are not Updates orupgrades. 0, 'Permlficd Use"means only for reading and anayznn data[tom Customers Field Devices in nine Service Territory. The Permitted Use does not Include reading third parry meters or reading meters outside the Service Territory. P. 'Release'means both Updates and Upgrades. O, 'Ftamofe Trsnscilhor ktentiltes the Somas slandalens,mounted relay dmice that lakes the radb frequency readings from the SnIMPoin[Modulas and relays them dkKUy to the RNI by TCPIiP backhaul co,munitalion. R3 'RFFIefd EqufpmaAr means,collectively,FleaNet base Stedons,eho Transcalvers end Remote Tmnscelvers. S. 'RNI'Identillas the regional nalwork Interfaces consisting of hardware and software used 16 gather,store,asd report data collected by the AnWal.Base Stations from the SmartPolnl MWvles,The RNt hardware weAua[ions wit be provided by Sensus upon written request from Customer. T. 'RNI solfwate identifies the Sensus proprietary software used kh Ufa RNI and any Petchea,Updales,and Upgrades that are provided to Customer pursuant to the terms of this Agreerreni, U. 'Sorvlce Tarrfforyr identifies[he geographic area where Customer provides otceiriclly,Warr,andlor gas(as applLvoi services to End Users as of the EHecdve rate, This prep well W desorbed on the ppopegafan study in the pariltiss'Specium Lease tiling with the FCC. V. 'Servartfardwi a'means the RNI hardware. W, 'SmartPolal"'Modules'Identifies the Sensus vansmission devices insialled on devices such as moll distribution oulomalton equipment and damandlresponse CONFIDENTIAL f Page 6 of 14 Meridian City Council Meeting Agenda July 24,2018— Page 188 of 534 40 ��a, devloas twaled at Cuslorn0s End users'piemises Thal take tho readings of Iho rnO9M QM transmit Ihose readings by radio frequency to the reieyvnl Flax%[Base Station,Remala Transceiver or Echo Tranaoelver. x 'Wwore means all the Sensus proprietary sofheare provided pursuant to this Agreement,and any Patches,Updates.and Upgrades that are provided to Cuslomer pursuant to the terms of Ihls Agreerral.Tile Sotterare does not include any Ihtrd party solhvare. Y. '7ouchCoupfarUnlf IdentAles an Inducllva coupler connecilon fmm a wafer roglslar to the SmodPoint Module, Z. "Updates'meansreleawsol the SoMrare that cunslilutea minor lmprovemenllnfuncgonaily. AA. 'Uppredas'means releases offtSottrrarewhleheunstiluleaslgnificanlfmprovemenlfnfuncllonalllyorarclrltecturaof the Software. BB. "WAN sackhaur means lho cemmunlaatWn link betweon Floxki.Base Stations and Rarnola Tionseelvers and RNI. CONFIDENTIAL I Pap 7 of 14 Meridian City Council Meeting Agenda July 24,2018— Page 189 of 634 41 W SEnsus ExhlbltA Software Software as a Servtco I. Oescrlptlon of Somices This exhibit contains the delalls of Ilia Software as a Service that Sensus shall provide to Customer if both;(I)pricing fur the appllcar+an of Software as a Service has been provided to the Customer,and(ii)fie Customer is currenlin its payments for such application of Sdf Wee as a Service. A. Software as a Service Generally, Software as a Service Is a managed service In which Sensus caul be responsible for Ina day-today montoring,maintenance,management,and supporting of Cuslamees.software appgratiens. In a Software as a Service solution,Sensus owns all Components of the solution(server hardware,storage,network equipment,Sensus software,and all d4rd-party software)required to run and operate the application.These software appTioations consist of the following(each an"ADolicadon"): Regional Netwark Interface(RNI)Software • SensasAnalytics o Enhanced Package The managed application systems consist of the hardware,Sensus Software,and other third-party software That is requred to operale the softwam applications. Each Appllca run will have a production,and Disaster Recovery(as described below)environment. Test environments use not provided unlam otiierwiss specifically agreed by Seosys In writing.Sensus wtil manage Uw Appllcatloas by provldlrg 24 x 7 x 365 monitoring of the avallabillly and performance of the Appicatksns. B. Usaga License. Subject to all ire terms and conditions of this Agreement.Sensus hereby glvas Customer a license under Sensus'inteledual property rights to use the Sensus Applications for the Permitted Use for so long as Customer is current in its payments for the Applications("1lsaee license"), This Usage License shall commence on Ilia Effective Gate and shall terminate upon the earlier of;(i)the expiration or termination of this Agreement for any reason;CI)If Customer uses tha Applications pravlded hereunder other than for the Per dlled Use;and(iii)the Applicalion is terminated as set forth below. C. Tenmination of Software as a Service, Customer shall have the optDn at any time after full deployment but before the end of the Temr to lerminate any Applicalion by giving Sensus one hundred twenty(120)days prior written noli'ce. Such notice,once dervered to Sensus,is irrevocable. Should Customer elect to terminate any Application,Customer acknowledges WI;(a)Customer shall pay all applicable fens,including any unpaid Software as a Service fees;and(b) Software as a Service for such Application shall immediately cease.If Customer elects to terminate the RNI Application in the Software as a Service environment but does nol terminate the Agreement generally,then upon delivery of the notice to Sensus,Custamer shall purchase the necessary(a)RNI harhvare and(b) RNI software lcense,each al5ensus'Ihon-cureht pricing. No portion of the Software as a Service teas shall be appled to the purchase of Iho RNI hardware cu software license. d, "Software as a Servlee"means only the following services: I, Sensus wi.1 provide the use of required hardwam,located at Sensus'or a third•podys Bala center facility(as determined by Sensus),that Is necessary to operate the Application, ii, SensuswdlprovideprvductananddssaslerreCoveryenvironments for Application. iii. Sensus will provide patches,updates,anti upgrades to latest Sensus Hosted Sofware release. tv. Sensus will oenfigure and manage the equipment(server hardware,routers,switches,firewoils,elc.)In the data centers: a. Network aadrassas and vfriaal private networks(VPN) b. Standard time source(NTP or CPS) a seurrilyaccesspohts d. Respond to relevant alarms and notifications V. Capacity and performance management.Sensus will: a. Monitor capady and performance of the Application server and software applications 247 using KPI mabirs,thresholds,and alerts to proactively identity any potential Issues related to system capacity and/or performance(i.e.database,backspoel,logs,message broker storage,etc.) b. If an issue is identified to have a potential impact to Ne system,Sensus will open an incident ticket and manage the ticket through resolution per Exhibit B,Technical Support, c. Manage and maintain the performance of the server and perform any change or conhgumllon to the server,In accordance 10 standard con%uralion and change management policies and procedures, d. Manage and maintain the server stooge capacity and performance of the Storage Area Network (SAN),in accordance to standard configuration and change management policies and procedures. e. Exceptions may occur to the system that require Sensus to lake Immediate action to maintain the ayslem capacity and performance levels, and Sensus has authority ID make changes without Customer approval as needed,in accordance to standard configuration and change managementpoll&s and procedures. vi. ❑atabasamanagement Sensuswill: a. Oefina data retention plan and policy, It. Monitor space and capacityrequfremanls. c. Respond to database alarms and notifications. d. Ihtslall database software upg radar and patches. a. Perform routine database maintenance and cleanup of database to improve capacity and performance,such as rebuilding indexes,updating Indexes,consistency checks,ran SQL quarylagentjobs,etc. vii. Incident and Problem Management. Sonsuswill: a. Pmactivelymonitarmanagedsystems(24x7x36S)forkeyeventsandlhresholdstaproartiveydetectandIdentifyIncidents, b. Respandtoln6dents and problems that may occur toftAppfication(s). c. Malnlain palldos and procedures for reapending to Incidents and performing root cause analysis for ongoing problems. d. Corrafata Incidents and problems Where applicable. o. Sensus personnel will use the Salestorce Self Service Portal to document and track incidents. f. In the event that a Sensus personnel is unable to resolve an issue,the Issve will be escalated to the approprialo Subject Matter Expert (SME). g. Maintain responsibility for managing incident and problems through resolution and will coordinate with Customer's personnel andlor any required third-party vendor to resolve the Issue. CONE IDENTFAL I Pape a of 14 Meridian City Council Meeting Agenda July 24,2018 Page 190 of 534 42 sEnsus h. PmVda telephone support consistent wlth Ex OR D,Technical Support In the case of undetected events. vlll. SecurilyManagornent. Sensuswlll: a. Monitor Doe l lral and cyber security of the sarver and Appllca8an(s)246 to ensure system Is highly secure In accordance vft MIST Security Standards, b. Perform active Intrusion prevention and doloclon of t ha dala center network and firawalls,and manhor fogs and alerts, o. Conduct period penotratioritesillofthenework and data center facilities. d. Conduct monthlyvUrierabllly scanning by both internal staff and external vendors. e. Perform Antl-Virus and Mafware patch management on all systems. I. Install updates to vkus protection software and related Ales(induding Virus signature files and similar Ales)on all servers from the updale being generally available from the anti-virus software provider, 9, Respond to any polential threat found on the system and work to alkninale Virus or Malwere found. h. Sensus adheres to and submits cerglical to NERCICIP Cyber5ecurily standards, E Sensus actively parttcipaleslmonftors industry regulationlslandards regarding sewrity—NERC,FERC,MIST,CpanSG,ell through Ills dedicated Sensus Securilyteam. j. Provide secure web por al ache$$(SSL)10 the Applioaliorl(s). ix, Backup and 0(sasler Recovery Management,5ensuswill: a. Perform daily backups oldala provltrmg cne(1)yearol for audl and restoration purposes. b. Back-up and store data(on lapes or other storage media as appropriate)off-sile to provide protection against dfsaslers and to meet file recovery needs. o, Conduct incremental and fall back-ups to captors data,and changes todalarontheAppllcation(s). d. Senses will rep[cale the Applications)environments to a geographically separated data center location to provide a full disaster recovery environment for tie Application production system, e- Provide disaster recovery environment and perform(ail-over to AR environmeniwielin forty-eight(48)hours of declared event. 1. Generale a report following each and any disaster measuring performance against the disaster rammy plan and identification of problem areas and plans for resolution, g. Maintain a disaster recovery plan, In the event of a disaster,Sensus shall pravtde use servlcesIn accordance w1th Ute dlsaslerrecovery plan, h. In the case of a disaster and lass of access to or use of the Applicator,5edsys would use tommerciatly reasonable efforts per the Recovery Time Objectives and Recovery Point Objectives spedfted herein to restore operations at the same location or at a backup location within fortyelght(48)hours. I. The ApplIcall shell have a Recovery Time Objective(RTO)of forty-eight(48)hour;. j. The Recovery Point Objective(RPO)shall be a full recovery of the Application(s),will an RPO of one(1)hours,using no more than it twenty- four(24)hour old backup. All me(er•relaled data shall ba pushed from each Base Stat'iorrITGB restoring the database to real-time minus external interfaced systems from the day prior. k Cale tom external Interfaced systems she[he recreated within a forty-alght(48)hour perfod with the assistance of Customer personnRi and staff,as needed. E. CustomarRaspanalbllitles: I. Coordinate and schedule any changes submitted by Serisus to tine system in accordance with standard configuretlon and change management procedures 11. Partldpale 1n all required configuration and change management procedures. ii. Cuslomerwil log Ineldervis related to the managed Applicalionwith Sensus personnel via ema;l,web portal ticketentry,orphonecall, iv. Respandbla for periodic processing of accounts or readings(Lo,bllllRg files)for Customer's Will system for billing orolher analysis purposes, V. Responsible for any raid labor to troubleshoot any 5martPolnt modules or smart meters in the field in populations[hat have been previously deployed and accepted. vi. Frsttesponse labor to troubleshoot FlexNel Base Statlon,Echo TransceMars,RemoinThanscoivors or olherfield network equipment vii. Responsible for Iota[area nelwal-kconfguratim,management,and support val. Idenfffyand research ploblsms with meter reads and molar read performance. Ix. Create and manage useracceunts. X. Customize applicalia[Configurations. A, Support application users. xil, Investigate appllcation operational Issues(e.g.meter reads,reports,alarms,etc), AL Respond to alarms and notiAcations. kiv. Pail rimnwara upgrades over-th"llordelegate and monitor field personnel foron-sile,upgrades, F. IggfMitrail l!Uir-W.does rat Include any of the following servlcm I. Pads or labor required to repair damage to any geld network aquipment that Is the result of a Force Majeure event u. Any integration between applications,such as Hard$MeterSenso,would require a Professional SeMcas contract agreement to be sloped,submitted, and agreed in a signed willing between Senses and al the appticable panes. tf an Item Is not listed In subparagraphs In Item M Ill such item is excluded tram the Software as a Sorvleo and Is subject to additional pyleing, ll, FurtherAgrearnets A. System Uplime Rate 1. Sensus(or its contractor)shay manage and maintain the Applicalion(s)on computers owned or conholled by Sensus(or its contractors)and shall provide Customer access to the managed Application(s)vra internet or point to point connac5on(i,e.,Managed-Access use),arcardng to the terms below.Sensus endeavors to maintain an average System Uptare Rate equal to ninety-nine(99,0)per Month(as defined below).The System Uplime Rate,cumulative across allAppTioaW&,shall he calculated as follows: System Uplime Rate=111D x frMO-Total�{on- uNgured Oawngme minutes In the Month) TMO I. Calculations a. "Targeted Minutes of OperaGud or"TMO"means total minutes cumulative across all AppIIcatlons In the applicable month("Month") minus the Scheduled Downtime in the Month. CONFIDENTIAL j Page a of 14 Meridian City Council Meeting Agenda July 24,2018-- Page 191 of 534 43 SE1 sus b. "Schodufad Oowrffine"means the number of minutes during the Month,as measured by Sensus,In which access to any Application is scheduled to be unavailable far use by Customer due in planned system maintenance. Sensus shall provide Customer notice(via email or otherwise)at least seven(7)days in advance ofcommencement of the Scheduled Dawntime. c. "Non-Scheduled Downtime"means IN number of mtinules during tie Month,as measured by Sensus,In which access to myApplutien Is unavailable for V40 by Customer due to reasons outer than Scheduled Downtime orthe Exceptaas,as defined below(e.g.,due to a need for unplanned mam[enanm or ropalr). R. Exceptions."F o@ _&Olsen IN folo4agi WOW a ForceMajeure; b. Emergency Work,as defined below;and D. Lack oflntemet Availability,as described below. I. Emergency Work. In the event that Force Majeure,emergencies,dangerous conditions or olher exceptlonal circumstances arise or onnURUe during TMO,Sensus shall be entitled to take any actions that Sensus,In good faith,determines Is necessary or advisable to prevent,remedy,mldgate,or otherwise address actual of potential harm,interruption,loss,threat,security or like concern to any of the Application(s)("Emorgancv Work°). Such Emergency Work may include,but Is not limited to;analysis,testing,repair,maintanance,re-setting and other servicing of the hardware,cabling, networks,software and ofiter devices,materials and systems through which access to endfar use of the Appllallon(s)by the Customer Is made available(the"M_pnaued Snrslema").Sensus shall endeavor to provide advance nolico of such Emergency Work to Customer when pract cable and possible, il. Look of Internet Avallabllity.Sensus shall not be responsible for any deterioration of performance attributable to latencies In the pubic Internet or paint-to-point network connection operated by a third party.Customer expressly admowiedges and agrees that Sensus does not and cannot eontcol the now of data to or tom Sensus'networks and other portions of the InlemeL and that such now depends in pad on the performance of Inlemet services provided or controlled by third parties,and that at times,actions or Inactions of such third parties can impair or dfwupt data bans6ted through,andlor Customer's connections to,the Internet or point-to-point data connection(art portions lhefeoQ.Although Sensus will use commercially reasonable efforts to lake actions Sensus may deem appropriate to mitigate the atfeeis of any such events,Sensus cannot guarantee that such avents will not occur.Accordfrgty,Sensus disclaims any and all liability resulting from or relating to such events. M data Canter SlteSocudly. Although Sensus may modify such security arrangements without consent or notice to Customer,Customer acknowledges the following are the current arrangements regarding physical access Io and support ofthe primary hardware components of the Managed Systems: f. The compuior room(s)in which the hardware is insta4ed is accessible only to authorized Individuals, ii- Power infraiMuchrre includes one or more uninterruplbfe power supply(UPS)devices and diesel generators at other altemabtie power for back-up elecbfcW power. lif. Air-conditioning fadlilies(far humidity end temperature controls)are provided in or for such computer foom(s)and can be monitored and adjusted for Nobly and temperature settings and central,Such aksystems are supported bymdundant,back-up orrdier swllch-over environmental uplls. Iv. Such electrical and NG systems are monitored on an ongoing basis and personnel are available to respond to system emergencies(dany)In real lima. Y. Ory pipe pre-action frre delection and suppression syslerns are provided. Vf. Oala circuits are avallable via mutSple providers and diverse paths,gluing access redundancy. C. Sosponslbllfllos of Customer I. Cusimmi shall promptly pay all Subwe as a Service fees it. Customer may not @ carelessly,knowingly,Intentionally or malxlousiy threaten,disrupt,harm,abuse or interfere wits the Applicakan(s),Managed Systems or any of[heir functionality,performance,security or Integrity,nor attempt to do so;(ii)impersonate any person or entity,induding,but not limled to,Sensus,a Sensus employee or another user,or(III)forge,Falsify,disguise or otherwise manipulate any identification hfwmatfon associated with Cuslomert access to or use of the Appllcation(s). ill, The pruvlsiontng,compa6bifgr, operakon,security,support,and maintenance of Customer's hardware and software("Customer's Systems")is exclusively the responsibility of Customer.Customer is also responsible,In particular,for correctly configuring and maintaining 0 the desktop environment used by Customer 10 access the Applicatlon(s)managed by Sensus;and(5)Customer's network router and firewall.If appiicabie,to allow data to Bow between the Gustomars Systems and Sensus'Managed Systems In a secure manner via the public Internet, N. Upon receiving the system Orninlslfator account from Sensus,Customer shall create usemame and passwords for each of Customers authorized users and complete the applicable Sensus registration process("Authorized Users").Such usemomes and passwords will allow Authorized Users to access the Appliration(s).Customer shall be solely responsible for malntaining the security and confidendallty of each user ID and password pair associated with Customer's account,and Sensus will not be gable for any toss,damage or liability arising from Customer's account or any user ID and password palms associated with Customer.Customer Is fully responsible for all acts and omissions that acarr through the use of Customer's account and any user ID and password pairs.Customer agrees(I)not to allow anyone otter than the Authorized Users to have any access to,or use of Customer's account or any user ID and password pairs at any time;pl)to ratify Sensus immediately of any actual or suspected unauthorized use of Customer's account or any of such user ID end password pairs,or any other breach or suspected breach of securty,restricted use or confidentiality; and(ds)to lake the Sensus recommended steps to log out from and otherwise exitthe Appguaticn(s)and Managed Systems at the end of each session. Customer agrees that Sensus shall be entitled to rely,without Inquiry,an the vacdity of the user accessing the Appliration(s)appllcation through Customer's account,account ID,usemannes orposswords. V. Cuslomar shall he responsible for the day-to-day operations of the Aporatan(s)and AMI System. This includes,without Ilmltation,(t)researching problems with meter reads and system performance,fd)creating and managing user accounts,(uR)customizing application configurations,(iv) supporting application users,(v)InvestgoUng application operational Issues,(A)sespondltg to alarms and notiticatons,and(vii)performing aver-the-alr commands(such as firmware updates or configuration changes). III, seneusAnafydcs A. Essential Package.The Essental Package Otte Sensus Anotyfics Application shall consistof the lelfuMpq modules; 1. Device Access a, Aeows search for meter details by using data Imported from the Billing system or the Sensus Device ID orAMI ID. h. ACowsa view of the meter interval at register reads. c- Meter data is avallable to be copied,printed,or saved to cerfaln user programs of file formats,specifically CSV,PDF,and Spreadsheet d. Allows the current and historical data tobeviewed. e. Allows the current usage to be compared to historical distribution averages, 1. Allays the user to see the meter location on a map view. g. Allows notficadons far an event on a single meter to be forwarded to a Customer employee. h. Allows details to be viewed about a meter—(dependant on the data Integrated from other systems). g. Meter Insight(provides the foliowilg) CONFIDENTIAL)Paee 1e of 14 Meridian City Council Meeting Agenda July 24.2018-- Page 192 of 534 44 } Jr=nsus a. #of active meters, b. It of orphaned meters with drill down to the list of meters, c. #of inactive meters with dill down to the list of meters, d. #of stale melerswilh drill down to the list of meters. e. #of almost stale meters with ddll down to the list of meters, f, #of meters where no read is avallable with drill dawn to the list of meters, g. #of meters with high threshold excepWris with drill dawn to the list of meters. h. #of unknown radios with drill down to the list of meters, iii, ReportAocess a, Allows theusertoseemeleralarmsandchoosearepodfrornalistofstandardreporls, b, Master Route Register Reads;$hawsthelatest reads for all melers within specified time window. c, Meler Route Intervals Reads;Allows users to Inspect intervals of a single imater over a peru of time. d, Master Route No Readkigs; List all meters that are active In tine system,but have not been sending reads within the speciNed time window, e. ConsumplDnRepal; List meters'consumption based anmeterreadhgswithln the spedfiedbmewhiclow, f. Zero Censump6on for Period:List motors whose readings do not change over a period of time, g. Negative Consumption: Shows the number of oueurranws and readings of negative consvmptim for the last 24r,46hr and 72hr from the entered toll up date. h. Nigh Low Exception Report;Displays meters whose reads exceed minimum odand maximum threshold,with7n a time range. I, Consumption vs Previous Reported Read; Compares latest reading(from RNI)with last known read received from CIS. �. Consumption Exception 24 hour Report: This report shows meters that satisfy these two conditions:(i)the daily average consumptions exceed entered"daily consumption threshold;"(2)The number of days when daily t hroshnlds are exceeded are greater than the entered" exception per day threshold k EadpolntOetails:Shows the current stateofineterslhatare created Val-tin the specified firma.range. I. Orphaned Meters:Ustmeters that are merited as'arphaned',which are created as of entered"Created as op'parameter. m. Biting Request Mismatch: Displays meters in a billing request that have different AMR id with the saes sent by RNL It also shows AMR Id in hieing request that have different meter Id In the RN I. n, Users need to enter which billing request Re prior to runnang the report o. Alarms Report:List all alarms occurred during a limo window.Users can select which alarm to show, iv. Billing Access a, initiate the creation of billing export files formatted to the Import needs of dhs billing system. b. Receive blffng request fifes from the tilling system to Identify what meters to include In the billing export file in the cast:where frilling request file option is used. c. Provides a repositoryof past blfing files that were either used for blling preparation or aduallysend to the billing system, d. V411 stare created billing fifes for a period of three years unless otherwise denoted. e. The system will alfowcfsalkm of test files bafae export to the billing system. V. Billing Adaptor a, The underlying configuiaVand touts mapplag the exffactien of billing data to enable Integralion to the utilllys blling system, vi. Gala Store a, Allows storage ormeter reading data Indudleg Intervals,Registers,and Alarms to be stored. b. Stored data is available anitna For reports and analysts. o. Data will be retained for 5 years.Additional duration can be purchased. B. Enhanced Packago,The Enhanced package ah811 wasistof the modules listed above In the Essential Package,as well as the folcMng addi;icnal modules; 1. Alarm Dashboard a. Allows the user to summarize and file(alarms by a date range, b. Allows the user to revlew ail alarm types on a singla screen. o, The user can filer out the alarms not wanted on the screen. d. Alarm totals can be visualized. e. Adds a view of irending alarms overtime. f. Click to drill down on an alarm lagain more Information on specific events. g. Click toonalyzeaspeclfic event ona particular do*&. Ti. Alarm Console a. Follow real time monitors of the alarms caning from Customers meters. b. Provides a single view for all alarms across the entire nahwfk. c, Allows the user to Wow trending of each alarm over time, 11 Alert Manager a. Allows creation ofaled groups who will be notified when an alarm occurs. b. Users can manage aledgroups by adding and removing group members, c, Allows seleacri of notification method for how end users in the group will be notifed;emall or SM5(text message). d_ Allows creation ofan alert from the available system events from smadpofnts and assign to a group. e. Monitars rhesystams meters foravents,When an event is triggered,all users in the group will be notified, 0. Integration of Sensus Analytics,Sensus shall provide Integration support services to Customer only to the extent specifically provided below: I. Sensus shall provfdo Customer with a simple fiat file specification known as VFlex for the integration of the Customer's back office system to the Sensus Analytics modules.This gat file may be delimited or fixed width.This speOnlion atlows Customer to transmit each day or as neadod:the devices and end users In the system,end user status,end user account information.end user name,and other end user details. when sent to llse Sensus FTP servers,this file exchange w411 enable the system to become operational with the Customer's systems. Customer shall produce this Ile and transmit It to the FTP location designated by Sensus,Sensus wilt provide reasonable supportto explain to Customerthe required vs.optipwi fields that are in the specification,(eating and validatiorr ofthe file format and comtenl, a. In scope of the included Integration efforts is the mapping the Custorner's fields to the VRax speeilcat on, b. Out of scope and subject to additional charges vdil be the transformation of data where business logic Incruding code must be written to modify the field content ur format of the data to meel the VFiex specification, II. Sensus'Integration services consists of four(4)hours of assistance(remote or mAe,as determined by Sensus). if additional time is needed to complete the Integration effects,Sensus shall invoice Customer for additional fees on an actual time and materials basis, CONFIDENTIAL I Page 11 of 14 Meridian City Council Meeting Agenda July 24,2018— Page 193 of 534 45 SEnsUs iii. if an Item Is not Ilsted In suhparagraphs(1)or ill)above,such Item is excluded from the Integration of Sensus Analytics Support and Is subject to additional pricing, E. Data Impart. The Sensus Anaiyllcs Application contains adapters for the Import of dale from;(a)Customers Ftextdat AMI System;and/or(0)AaloRead application for handheld and drive by systems,as applicable. F. CuslomOrAcknowledgoments. I. Custumeraoknowladges Ihat the SensusAnalytics Appllcadon provides up to lty(50)user loglns for Customer's use, II. Customer acknowledges and agrees the Sensus Anaiybcs Applica#on Is based upon the actual number of End Users wdhin Customers Service Territory.Pricing may increase Nu54arnees Se4vlce Territory or actual number ofEnd Umfs;expands. III. Customer acknowledges that all data related to the Sensus Analylics Applications is geographically hosted within the United States of America. Customeraecepls fhegeographic Iocalfon ofauch hosting,aid indemnifics Semus for any daima resulting therelrum, Iv. Customer acknowledges and agrees that Intellectual Property provisions of this Agreement apply in all fespeels 10 Customers access to and use of the Sensus Analytics Applications, V. Customer Is responsible for validating the data analyzed by the Senses Anaty6p Applicaliaru, Semous makes no promises o/improving Clrstvmers operations or saving Customer money,nor Is 5ensus liable for any damages resulting tam decisions made by Customer related to Customers use of Senses Ansfytios, IV. Thlyd Party Software. A. RedHal.LlnuK. It Sensus Is providing Customer wM a license to use RedHat Llnux Software,Customer agrees(o the followIng; By entering into this Agreement,Customer agraas to abide by and to be legally bound by the terms and conditions of the Red Hat End User License Agreements identified below,each of which are Incorporated Into this Agreement by reference and are avallabb at the websites Idon65ed below. Please reed the Red Hal End User license Agreements and Incorporated feleramos carefully. Subscdplon: End User License Agreement: Red Hat Enterpdso Linux hop:tAwm.redhatoom(Icensesfrhel—rho—euta.html Aeons rolarpriseMlddieware httpIMmradhatcmVIcenses4boss_eula.hbnl CONFIDENTIAL)Pape 12 of 14 Meridian City Council Meeting Agenda July 24,2018— Page 194 of 534 46 op '' SEns is Exhibit 9 Technical Support f, Intfoduction Sensus Technical Services provides utility coslomers with a single point of contact for Tier 1 support of technical Issues as wed as any coordination of additional tesources required to resolve the issue,Requests That require specialized skills are to be forwarded to a senior support engineer or Technical Advisor within the team for further analysis,If Technical Services has exhausted all Iroubteshootiag elforts for the product type,the issue will escalate to the Engineering Support Team,Occasionally,an-site troubleshooinglanalysis may ba required,The preferred order of on-site suppot is; a) The Customer(for assistance with the easiest and lowest Urre-consuming activities such as poweronlpower off). b) The Ica dlsbibulor. c) Sensus empfayees or contracted pwsonnel.If required to fulfill a contract commitment. 2. 6 uppod Gotcgorlos 2A. General questlars regarding func8onAlly,use of product,how-to,and requests for assfslance on Sensus AMR,AMI,RF Network Equipment,Metering Products and Sensus Lighting Control. 2.2. Proactive reporting and resolution of problems. 2A, Reactive reporting to isolate,document,and solve reported hardwarelsoitwars defects. 2..4, Responding to service requests and product changes, 2.5. Addresssigc mtomeringvideswithprinledorelecbonicdewrnentafion,oamples,oradditionalexpfanalionlclarificalion, 3. Support Hours 3.1, Standard Support Hours:Tell-free(elaphona support(1.806-G38-3748 option#2j is available Monday thin Friday from 8:08AM EST to 8ta0PM EST.After- hours,holiday and weekend support for Severity 1 and Severity 2 issues Is avallable by calling 1.800-638.3748,option#a. 4, Support Procedures U. Customer Identifles an Issue or potential problem and calls Technical Services at 1.800-630.3748 Option 92.The Customer Service Associate or Technical Support Engineer will submit a Support ticket. 4.2. The Customer Service Associate orTechnicat Support Englneer will Identify the caller name and utility by the assigned software serial number,city,and slate In which the tail originated.The nature of the problem end severity levels wdl be agreed upon by both parties(either at the Lima the Issue is entered or prior to upgrading or downgrading an existing Issue)using the severity definlllons below as a guideline,The savadty level Is then captured Into a support ticket for creation and resolution processing.Any time during the processing of this ticket,If the severity level Is changed by Sensus,the customer wfl be updated. $eveAty Levels Dascriptlon: Sat Customer's production system Is down.The system is unusable resulting in iolnl disruption of work.No workaround Is available and requires Immediate attention. Example;Network mass outage,all reading colleclon devices Inoperable,inoperable had end software(e.g.,RNI Soff are,Sensus MISM). Sev2 Major system featurelfunction failure.Operations are severely resldcted;there is a major disrup5on or work,no acceptable work-around is available,and fallure requires Immediate attention. Examples:Network equipment failure(e.g.,FlexNe(Echo,FlexNet Remote,Base Slatian transceiver,or VGB);Inoperable reading devices(e.g., AR5506,VXU,VGB,or CommandUnk);head end saftwere application has important Functionality not working and cannot create Mod file for hiring system operations. Sev3 The system is usable and the Issue doesn't affect critical overall operation. Example:Minor network equipment failure(e.g.,EchoMernale false alarms or Base Station Iansceiver False alarms);head end software application operable but reports are not running property,modification of vierror some non-cdtical function of the software Is not running. Sevd Minor system lssues,questions,new features,or enhancement requests to be corrected In lulure versions. Examples:Minor system Issues,general questions,and'HowTe questions. 4.3. The Customer Service Associate or Technical Support Englneer Identifies whether of not the customer Is on support,9 the customer is not on support,the customer Is advised of lho service optloos as well as any applicable charges thatmaybe billed. 4.4. Calls are placed In a queue from which they are accessible to Technical Support Engineers on a first•come-first-serve basis.A first level Customer Service Assoclata may assist the customer,depending on the dit5rvity of the call and the representative's technical knowledge.Technical Support Engineers(Fier i support)typically respondhesolvo the majority of calls based on their product knowledge end experience.A call history for the particular account is researched to note any exdsdng pattern or If the ca'I Is a new report.This research provides the representative a basis and understanding of the account as well as Any associated problems andfor rasoltillons that have been communicated. a. Technical Servlces confirms that there Is an Issue or problem that needs further analysts to determine Its cause.The.following Information must be collected:a detailed description of the issue's symptoms,details on the softwarelnardwam product and version,a desedp6nn of the environment in which rho Issue arises,and a list of any corrective actton already taken. b. Technical Services will check the Internal database end product defect(reeking system,to see if reports of a similar problem exist,and N any working solutions wera provided.If an existing resolution is found that will address the reported issue,it shall be communicated to the customer.Once f1 Is confirmed that the Issue has been resolved,the tkket Is closed. C. If there Is no known defect or support that defines the behavior,Technical Services will work with Bhe customer to reproduce the Issue.Ifthe issue can be reproduced,eitherat the custorer site or within support center test lab,Technical Services will escalate the tkkel for further investigation f resolution. if the issue involves units that ate considered to be detective with no known reason,the representative will open a SpWal Investigation MIA through the Support system.If it is deterffaed that a sample is required for further analysis,the customer will be provided with instntctions that detall where to send the product sample(s)for a root cause analysis,Once it Is determined that the issue cannot be resolved by Tier 1 resources,the ticket will be escalated to Tier 2 support for confirma6bnAvorkarounds to resolve immediate issue.Technical Sanrices will oomedlatety contact tina customer to advise of the escalation.The response and escalation times are listed In Section 5,At this lime,screen shots,log fees,configuration hies,and database backups will be treated and attached to the tickel. CONFIDENTIAL I Page 13 nt r4 Meridian City Council Meeting Agenda July 24,2018— Page 195 of 534 47 SEnSUS 5, Re 5pons5find RaWutlon Targets, Sensus Technical Support will make every reasonable effort to meet the following response and resolution targets: Standard-Target fr ind2fd7sr h,Vj'-,f� immediately assign vatned and quailed ' Salisfactaqworkaround Is provided. Services Staff to correct the error on an * Program patch is provided, 1 30 Minutes expedited basis. Provide ongoing - FR Incorporated Into future release. communIcaron on the status of a . FN or workaround Incorporated Into the Support rorrectloD. Knowledge Base. v Satisfactory workaround is provided, Assfgn bral5ed and qualified Services * Program patch is provided. 2 4 hours Staff to correct the error, Provide * Fix incorporated into future release, 0mmunlualon W updates occur. - Fix or workaround incorporated Into the 34pod Knowledge Base. • Answer to question Is provided. • SatisfactorywDrkaround Is prurvided. 3 1 Business Day go business days # Fhc or workaround Incorporated kilo the Guoporl. Knowledge Base. - Fix InCDIPOrated lito future release. - Answer to qLesVon Is provided. 4 2 Business Days 12 months - Fix oT wDftround incorporated kilo the Support Knvovledge Base. 6. Problem Escalation Process. 6.1. 11 the normal support process does not produce the desired results,or If the severity has changed,the Issue may be escalated as follows to a higher level of authority. 6,1.1. Severity 1 Issues are escalated by Sales or Technical Services to a Supervisor It not resolved willifn 2 hours;to N Manager level if Rol resolved within 4 hou rs:to the Nreclortevel It notreso4yed within the Game business day-,and to the VP level if not resolved within 24 hours. 6.1.2. A customer may escalate an issue by calling 1-800-638-3748,Option 2.Please specify the Support Uckel number and he reason why the issue is being escalated. 6.1.3. In the event that a customer is not satisfied vith the level of support or continual problem Wth ftlr pmducLq,they may escalate a givei Support ticket to Manager of Technical Services(1-1100-638-3748,Option 2)- 7. General Support PrQvfslons and Exclusions, 7.1. Sensus provides 0100 dotumentatiQn for Sensus products through the Sensus User Forum(htpJlmyftexiielsystem.curniModileJU5er/Login).At Sensus customers are provided access:to this Wine database,whkh Includes operallon,configuraton and technfeal manuals.Sensus also hosts perlaffic user group teleconferences to faciftale the interchange of product Ideas,product enhancements,and overall customer experiences.The customer shall proVda names and emall accounts to Sensus so Sensus may provide access to the Porlal, 71 SpeOaliyed support from Sensus is available on a fee basis to address support issues outside the scope of this support Plan Of V not covered under another specific maintenance contract.For example,specialized systems Integration services or out of warranty network equipment repair that is not Conrad under a separate maintenance CoAWL CONFIDENTIAL I Peou 14 of 14 Meridian City Council Meeting Agenda July 24,2018— Page 196 of 534 48 ATTACHMENT 'T' SOFTWARE MAINTENANCE AGREEMENT 49 This page intentionally blank 50 SoftwareFlexNeff Maintenance Overview Hundreds of utilities across North America have adopted the Sensus FlexNet AMI system. This technology empowers electricity,gas,water or combination utilities to conserve resources through a flexible,reliable and open system. Sensus software applications are critical components of the FlexNet system,enabling a seamless interface with the utility's bill- ing programs and empowering the utility to make intelligent decisions. It is vital that these software applications are consistently operating at the highest level of efficiency.The FlexNet"" Software Maintenance Program provides day-to-day assistance,remote troubleshooting and diagnosis of problems, and access to software updates.Utilities will have peace of mind,knowing that Sensus technical support professionals are ready to answer questions diagnose and troubleshoot any issues and help ensure the FlexNet system is up and running efficiently at all times. DELIVERY MODELS Sensus offers our customers software in two different delivery models: 1. Software as a Service(SaaS)-Sensus shoulders the burden of owning and managing all the hardware and software from our tier IV data center. When choosing the SaaS delivery model the FlexNet maintenance program is included in your subscription fee. 2. Licensed Software-the utility licenses all software applications and manages both hardware and software onsite. For this option, additional years of the FlexNet Maintenance program can be purchased to help safeguard the operations and maintenance of the software,thus maximizing the utility's return on investment, Each delivery model has its own support level,but regardless of the option selected,support is always included the first year. Incl4'''Services Licensed Modelor el Telephone Support ✓ ✓ Remote Diagnostics of Software Problems ✓ ✓ Software Updates ✓ ✓ AuloRead annual support(if applicable) ✓ ✓ Loaner Programming Equipment ✓ ✓ Discounted Remote or On-site Training ✓ ✓ Daily Backup ✓ Data replication to a Disaster Recovery site ✓ Anli-Virus and Malware subscriplkon and scanning ✓ Operating System supporl,troubleshooting,security patching and upgrades ✓ Linux Red Hat,Microsoft Windows Sarver,Microsoft SQL Server and Orade ongoing maintenance Hardware Maintenance or Refresh ✓ Data secured in a Tier IV SSAE 16 Certified Data Cenler ✓ 'Requires cuslamer to provide secure Cisco or OpenVPN conneclion ®2012 Sensus USA Inc.All rights reserved.FlexNet is a trademark of Sensus.The Sensus logo is a registered trademark of Sensus. For more information,visit us at sensus.com 8601 Six Forks Road,Suite 700 Raleigh,NC 27615 1-800-636-3746 5 E n S U S 51 This page intentionally blank 52 ATTACHMENT"G" FERGUSON VAR SUPPORT 53 This page intentionally blank 54 Of" FERGUSON WATERWORKS VALUE ADDED RESOURCE (VAR) SUPPORT FOR AMR/AMI PLANS Offering additional benefits for current Sensus subscribers. 1 ` hn �, EL BASIC VAR AMR/AMI PLAN Under this plan,current qualified customers can receive: AccesstotheSensussupportsystem,including: Ticketing system to track issues through • Unlimited phone and remote support with Sensus resolution,including: • Routine software updates •Documentation of historical issues and resolutions (Auto Rea d/AutoVu/Field Logic) •VAR selection of the most efficient resolution paths Access to the Ferguson MAG support system: Access to theg reater Ferguson • Unlimited phone support loaner equipment pool • Up to eight hours of remote support witha Ferguson integration specialist EXTENDED A' AMI PLAN extendedWith the plan, basic plan, On-site visits to all base station sites(2x/year)for Note:To qualify,customers must be currently subscribed with Sensus routine inspections and maintenance,Including: base station annual warranty purchased through Ferguson Waterworks. Sensus may charge$1,750+per day plus expenses for installation Of warranty parts.Your base station may be void if you do not use a • Logging into the TGB to check settings and alarms certified Sensus or Ferguson Waterworks specialist for parts installation. • Cleaning all filters and drain lines(if applicable) • Checking backhaul to verify data transfers Working with customer,billing vendor and/or Sensus • Line sweeping antennas(if necessary) on data sync issues • Installing new transceivers,backhaul,batteries, One additional hour of third-party support service etc.,into the base station(as needed—applies only per month to parts covered under Sensus warranty;Call for quotes on parts not covered by or out ofwarranty) On-site training once per year for up to eight hours 55 This page intentionally blank 56 ATTACHMENT"H" PROPAGATION STUDY 57 This page intentionally blank 58 FlexNet Design k Propagation Analysis t 14161-City of Meridian Meridian,ID Highway 20126 Hlgm,. addrns - iv u•-L.. r R F E rI er:J eff Lewis 'eat u5�`+.E.•a-,,: -- �]_'--;:,-��r�";�_ Dete:03/11/2024 �y 4' Ga n CIQ Site Details WEST aENC Total Site Locations:3 On Air=1 Pra used=2 ... =17 r.r I;' verdale r FSLn.- �z{a :,}�: c ]E� "jam. ;:.11,'r":•- E ti 1E' 3 y Total Base Station Counts:3 0n Air=1 M40062 Proposed=2M44062's . S. Viy .tiO1 , Design Factors r r�� Flex Net Ve rs i on s,,it, ,-•' PIDNErP End point Type:Water �•,-rN Sin ertpoint Location:Pitset(above ? '.-_. niL 5�'-'L"_-•—_-Ala lid) �, 0 count % TCta Eno Ci 1t5 Cu4'ered 32,936 100.009fi :IJiX Wf ST w A COUNTY 1 way coverage 32,924 99,96% '.LLIlENik SOUTH CO 6 0.02% u •� TomlEndpoinaanui}xed 321930 • LEGEND Two-woy[a+e•ane •� .One-wog Covmte P•000crd Size Last o� r + a rw Or.Air Sae_X9IDr. • Endpw EnoEion sEns rs This propagadon study is based on actual infonnattion prcMded by the Lrk.y pertaining�o me.ertype,Swart poim Locaian.psental antennae height on structure,structure height,and stricture locaEiort Any changes,deletors a yrylem brand ancioraddroonsthat are not prarided:o the design engineers during the creation of this m is day result in a study hat does not oxrIto a--ual field oandiions. 59 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Professional Services Agreement Between Idaho Fine Arts Academy and the City of Meridian/Meridian Arts Commission PROFESSIONAL SERVICES AGREEMENT WITH IDAHO FINE ARTS ACADEMY This PROFESSIONAL SERVICES AGREEMENT WITH IDAHO FINE ARTS ACADEMY("Agreement") is made this tthh day of May , 2024, by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City"), by and through the Meridian Arts Commission, and Idaho Fine Arts Academy, a public school in the West Ada School District, organized under the laws of the State of Idaho (hereinafter"Organization"). WHEREAS,the mission of the Meridian Arts Commission is to develop, advance, and nurture all facets of the arts to enhance the quality of life for Meridian residents and its visitors, and to that end, issued a Request for Proposals/Call for Youth Performing Arts Projects ("RFP"), a copy of which is attached hereto as Exhibit A; WHEREAS,the mission of Organization is "Building Lives Through Artistic, Academic, and Civic Excellence"; WHEREAS, City wishes to further these respective and complementary missions by engaging Organization to provide a performing arts experience and performances as set forth in the proposal attached hereto as Exhibit B ("Performance"); 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, City and Organization agree as follows: I. SCOPE OF SERVICES. Organization shall provide the following services and deliverables: A. Compliance with Agreement and RFP. Organization shall comply in every respect with the requirements of this Agreement and the REP. Organization shall use the funds provided by City under this Agreement for the purpose and in the manner set forth in Exhibit B. B. Performance. By August 15, 2024, the Organization shall present the Performance to the public, as set forth in Exhibit B. Organizer shall ensure that the location of Performance is accessible to persons of all abilities, and that the Performance is appropriate for all ages, values, and sensibilities. The Performance shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. Final report. By September 6, 2023, Organization shall submit to the Arts and Culture Coordinator a final written report describing the Performance and all services provided with funds provided by City under this Agreement. D. Recognition. Organization shall recognize the Meridian Arts Commission's contribution in PAGE 1 the manner set forth in Exhibit B. To the extent practicable, Organizer shall give City the opportunity to review and approve all promotional materials in advance of their publication. II. COMPENSATION AND PAYMENT. A. Amount. City shall pay Organization for professional services described herein in an amount not to exceed one thousand, five hundred dollars ($1,500.00). B. Payment schedule. City shall mail payment to Organization within thirty(30) days of Organization's provision of the following to City, in accordance with the following schedule: 1. By April 30, 2023, Organization shall submit to the Arts and Culture Coordinator all requested performance marketing and informational materials, a completed W-9 form, and an invoice, and City shall pay Organization in the amount of$1,000. 2. By September 6, 2023, Organization shall submit a final report and invoice, and City shall pay Organization in the amount of$500.00. These amounts shall constitute full compensation for any and all services provided and any and all related expenses, including, without limitation: travel; materials; contingency; commission; insurance; equipment; all related costs for audition, rehearsal, and performance space; and any and all other costs of work to be performed or furnished by Organization under this Agreement. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Organization under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Organization. C. Materials fees; revenue. Organization shall be entitled to collect a reasonable participation fee from each participant in the Performance. In exchange for such fee, each participant shall be entitled to participation in rehearsals per Organization's casting and direction; direction and coaching from Organization staff at rehearsals; and participation in the Performance per Organization's casting, direction, and scheduling. Organization may not turn away any person due to inability to pay the participation fee; Organization shall waive and/or make other accommodations for such fee upon request and demonstration of financial hardship. Organization shall be entitled to retain any revenues realized from ticket sales, sponsorships, or other fundraising undertaken by Organization. III. GENERAL PROVISIONS. A. Assumption of risk. Organization acknowledges that provision of services under this Agreement may carry a risk of injury, illness, and/or death, some of which risks may be unknown, and, with that knowledge, Organization hereby assumes all such risks and hazards. B. Indemnification. Organization and each and all of Organization's employees, agents, contractors, officials, officers, servants, guests, and/or invitees, including any and all participants in or observers of Organization's programming and activities, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Organization or any Organization employee, agent, contractor, official, officer, servant, PAGE 2 guest, and/or invitee, or any participant in or observers of Organization's programming and activities. C. Insurance. Organization shall submit to City proof of an insurance policy issued by an insurance company licensed to do business in Idaho protecting Organization, Organization's employees, and Organization's agents from all claims for damages to property and bodily injury, including death, which may arise during or in connection with Organization's programming and activities, including, without limitation, auditions, rehearsals, set-up, performance, and tear-down. Such insurance shall name City as additional insured, and shall afford at least five hundred thousand dollars ($500,000.00)per person bodily injury, five hundred thousand dollars ($500,000.00)per occurrence bodily injury, and five hundred thousand dollars ($500,000.00)per occurrence property damage. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City as set forth in this Agreement or any permit. If City becomes liable for an amount in excess of the insurance limits herein provided due to the actions or omissions of Organization or any Organization employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Organization activities, Organization covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. At all times during the course of this Agreement, Organization shall maintain worker's compensation coverage in the amount required by law for each and every employee utilized in the course of performance of this Agreement. D. Waiver. Except as to rights held under the terms of this Agreement, Organization and each participant in Performance, shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. E. Notices. All notices required to be given by either of the parties shall be in writing and be deemed communicated when personally served or mailed via U.S. mail, addressed as follows: If to Organization: If to City: Chris Housel, Principal Arts and Culture Coordinator Idaho Fine Arts Academy City of Meridian 915 E. Central Drive 33 East Broadway Ave Meridian ID 83642 Meridian ID 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. F. Assignment; subcontractors. Organization shall not assign or subcontract all or any portion of Organization's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written approval of City. Any assignee or PAGE 3 subcontractor so approved shall be bound by all the terms and conditions of this Agreement. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representatives, successors, and assigns of the parties. G. No agency; independent contractor. Neither Organization nor its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for any purpose whatsoever. In all matters pertaining to this agreement, Organization shall be acting as an independent contractor, and neither Organization nor any officer, employee or agent of Organization shall be deemed an employee or agent of City in any manner or for any purpose. Specifically, without limitation, Organization understands, acknowledges, and agrees that Organization and its employees, agents, contractors, officials, officers, servants, guests, and/or invitees: 1. Are free from actual and potential control by City in the provision of services under this Agreement. 2. Are engaged in an independently established trade, occupation,profession, or business. 3. Have the authority to hire subordinates. 4. Own and/or will provide all major items of equipment necessary to perform services under this Agreement. H. Compliance with laws. In performing the scope of services required hereunder, City and Organization shall comply with all applicable federal, state, and local laws. I. 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 attorneys' 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. J. Time of the essence. The parties shall fulfill obligations described in this Agreement in a timely manner, as set forth herein. The parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. K. Termination. 1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Process. Either party may terminate this Agreement by providing fourteen (14) days' notice of intention to terminate. Such notice shall include a description of the breach or circumstances providing grounds for termination. A forty-eight(48)hour cure period shall commence upon provision of the notice of intention to terminate. If the defaulting party successfully cures the breach or circumstances providing grounds for termination, PAGE 4 the terminating party shall signify such cure by issuing written withdrawal of the notice of termination. If,upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement shall be terminated. 3. Return of funds. If Organization defaults or terminates this Agreement prior to the Performance, Organization shall return to City all funds dispersed, regardless of costs incurred by Organization. L. Non-Waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. The failure of either party to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of this Agreement or to exercise any right hereunder, shall not be construed as a waiver or relinquishment of the future performance of any rights, and the obligations of the party with respect to such future performance shall continue in full force and effect. M. State of Idaho requirements. The following provisions are required by the State of Idaho. 1. Anti-Boycott Against Israel Act. Pursuant to Idaho Code § 67-2346, as applicable, Organization certifies that Organization is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of goods or services from Israel or territories under Israel's control. The terms"company"and"boycott Israel" shall have the meanings ascribed to them in Idaho Code § 67-2346. 2. Contract with company owned or operated by the government of China prohibited. Pursuant to Idaho Code § 67-2359, as applicable, Organization certifies that Organization is not a company currently owned or operated by the government of China and will not for the duration of this Agreement be owned or operated by the government of China. The terms "company"and"government of China" shall have the meanings ascribed to them in Idaho Code § 67-2359. N. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. O. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. P. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. Q. Discrimination prohibited. In performing the Services required herein, Organization shall not discriminate against any person on the basis of race, color, religion, gender, sexual orientation, national origin or ancestry, age, or physical handicap. PAGE 5 R. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. S. Third-party beneficiaries. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. Warranty of authority. The undersigned expressly warrant that they are duly authorized to act as the representative and agent of Organization and City, respectively. Organization's undersigned further warrants that such undersigned person is authorized to bind each and all of the Performance participants to the obligations set forth herein, and to accept the liabilities as established herein on behalf of such participants. 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. RGANIZATION: kris Housel rincipal, Idaho Fine Arts Academy ITY OF MERIDIAN: Attest: Robert E. Simison,Mayor Chris Johnson,City Clerk 5-7-2024 5-7-2024 f I I PAGE 6 Meridian Commission Request for Proposals Call for Youth Performing Arts Projects �H 0 tl 1 s OVERVIEW: The Meridian Arts Commission (MAC) requests proposals from local youth theater and performing arts organizations, professionals, and educators for performing arts projects that will feature, include, and benefit Meridian youth. BUDGET: Total funding available from MAC is $7,000. Selected applicants may receive a full or partial award of up to $3,500. DEADLINE: ***Deadline Extended to February 26, 2024*** Any questions regarding application must be submitted to cschiffler@meridiancity.org by February 16 at noon *** Proposals must be received by the Meridian Arts Et Culture Coordinator by February 26, 2024, at 3:00 pm MST. Materials may be delivered by e-mail, mail, or in-person delivery. Incomplete, ineligible, or late submissions will not be considered. Questions and clarification must be submitted to the Meridian Arts and Culture Coordinator, Cassandra Schiffler at cschiffter@meridiancity.orq by January 29, 2024 at noon. Call for Youth Performing Arts Projects Page 1 of 4 ELIGIBILITY: Organizations currently registered with the Idaho Secretary of State or individuals who are performing arts professionals or performing arts educators are eligible to respond. Organizations with nonprofit status will be given preference. The opportunity to respond is open to applicants regardless of race, gender, gender identity, sexual orientation, religion, nationality, or disability. Applicants shall be ineligible who are, employ, or allow to volunteer: any person convicted of any charge involving, or related to, a child or children, elderly persons, and/or other vulnerable persons; any charge involving, or related to, use of or possession of drugs or illicit substances; or any charge of battery, assault, telephone harassment, stalking, or violation of a protective order. PROJECT REQUIREMENTS: Each selected applicant must: • Enter into a Professional Services Agreement with the City of Meridian setting forth specific conditions of participation prior to project initiation. A sample agreement is available upon request. • By August 30, 2024, present a performing arts production to the public that features, includes, and benefits Meridian youth. • Complete all activity, including submission of a final report and invoices, by September 6, 2024. • Conduct all activities within Meridian city limits or area of impact. • Conduct all activities in a facility fully accessible to, and make all activities accessible to, all persons regardless of race, gender, gender identity, sexual orientation, religion, nationality, or disability. • Reserve and pay all related costs for audition, rehearsal, and performance space. • Obtain all necessary royalties and scripts. • Schedule and hold open, public auditions for youth, and provide those auditioning with all necessary materials to do so. • If fees are collected from youth performers, limit fees collected from each youth performer to an amount not to exceed $250.00, and must offer financial assistance to ensure participation regardless of ability to pay. • Provide all necessary staff to provide the services and deliverables commissioned by MAC. • Provide all necessary costumes, props, and set. • Publicize all opportunities to audition for, participate in, and watch the final production(s). • Include MAC logo on materials. Call for Youth Performing Arts Projects Page 2 of 4 APPLICATION REQUIREMENTS: The proposal must address each and all of the following: 1. Applicant's contact information (address, phone, e-mail, website), mission statement, and history; resumes and biographies of key staff and volunteers. 2. Detailed project budget, including all project expenses (e.g., administrative fees, production fees, material costs, venue fees, marketing and promotion, etc.) and income (e.g., admission fees, grants, corporate contributions, sponsorships, fundraising). 3. Detailed project timeline. 4. Description of previous work in youth performing arts. 5. Narrative describing the proposed project, including: a. Detailed description of how MAC's financial contribution will be utilized; b. How the project will benefit Meridian residents and local youth; c. Target audience demographics, estimated number of Meridian residents and visitors that will be impacted, and corresponding marketing/outreach plan; d. How MAC's contribution will be recognized; and e. Number of participants and audience members to be impacted by your project. Questions and clarification must be submitted to the Meridian Arts and Culture Coordinator, Cassandra Schiffler at cschiffler@meridiancity.orgby February 16, 2024 at noon. • Submitted applications must be received by mail or personal delivery to the Meridian Parks and Recreation Department, 33 E. Broadway Ave. Ste. 206, Meridian, Idaho 83462 in a sealed, plainly marked package or envelope by February 26, 2024 at 3:00 pm MST OR • Via E-mail to MACCmeridiancity.or . The subject line MUST READ: Youth Performing Arts Projects. All materials must be submitted in one e-mail with all files included as a single, merged PDF file. EVALUATION CRITERIA: The selection of winning proposals for the 2024 Youth Performing Arts Projects will be made by MAC. Proposals related to the presentation of subject matter that would be disruptive, violent, discriminatory, inappropriate, or likely to offend the sensibilities of the general public will not be considered. In evaluating eligible proposals, the following factors will be considered: • Completion of and adherence to the provisions of this Request for Proposals (RFP) (10 points); • Quality, clarity, and merit of proposal (10 points); • Demonstrated ability to meet the RFP's requirements and objectives (10 points); • Feasibility of proposed project (10 points); • Location of project activities (10 points); Call for Youth Performing Arts Projects Page 3 of 4 • Consistency of proposed project with City policy and community values (10 points); • Impact to Meridian residents and visitors (20 points); and • Dedication and contribution to performing arts opportunities that feature, include, and benefit Meridian youth (20 points). ABOUT MAC: The Meridian Arts Commission (MAC) advises the City of Meridian on arts/cultural policy and promotes public awareness and participation in the arts with a mission to develop, advance and nurture all facets of the arts to enhance the quality of life for Meridian residents and visitors. Core to this mission is the belief that opportunities to experience and participate in the visual, performing and public arts can strengthen cities, increase livability, and contribute to a sense of community. PUBLIC RECORDS The City of Meridian is a public agency; pursuant to the Idaho Public Records Act, all documents in its possession are public records. Proposals will be available for inspection and reproduction by any person. Call for Youth Performing Arts Projects Page 4 of 4 To: Meridian Arts and Culture Coordinator Cassandra Schiffler cschifflerkmeridiancity.org Meridian Parks and Recreation Department 33 E. Broadway Ave. Ste. 206 Meridian, Idaho 83462 From: Idaho Fine Arts Academy Rachel Swenson swenson.rachelA,we stada.org 915 East Central Drive Meridian, Idaho 83642 APPLICATION: Meridian Arts and Culture Youth Performing Arts Project Grant Project Title: Sabiduria Conectada (Connected Wisdom) 1. Applicant's contact information (address,phone, e-mail, website), mission statement, and history; resumes and biographies of key staff and volunteers. This grant proposal focuses on the West Ada School District(WASD) K-8 grade schools, Idaho Fine Arts Academy(IFAA) 6-12 grade public school, local Latina/Chicana Artists, and the Meridian community. Idaho Fine Arts Academy (IFAA) 915 East Central Drive Meridian, Idaho 83642 208-350-4420 IFAA Leadership: IFAA Principal, Chris Housel, housel.chriskwestada.org IFAA Administrative Assistant, Cynthia Anderson, anderson.rachelAwestada.org IFAA Artistic Director and Dance Teacher, Rachel Swenson, (grant facilitator), swenson.rachel&westada.ora IFAA's Guest Latina Artists: Marianna Jimenez Edwards,Visual Artist, edwards.marianna(d),westada.org Estafania Sanchez, Flamenco Dance Artist, Monique Michel, Ballet Folklorico Mexico Lindo Artist, moniqueduarte(rmsn.com The West Ada School District, the largest school district in Idaho, serves a diverse population and recognizes the importance of offering schools of choice for families. IFAA is the only audition-based free public arts school of choice in the state of Idaho. Idaho Fine Arts Academy is a performance-oriented school, centered around the arts and core academic content. IFAA was established in 2014 and serves 300 students in grades 6-12. Students declare a major from seven pathways (dance,visual art, theater, vocal, classical instrumental music, contemporary instrumental music, and film). IFAA's Mission Statement is "Building Lives Through Artistic, Scholastic, and Civic Excellence." IFAA Website: https://www.westada.or_/og /ifaa IFAA Facebook page: https://www.facebook.com/idahofineartsacad/ Youth Performing Arts Projects: Sabiduria Conectada (Connected Wisdom) 2 IFAA YouTube Channel: https://www.youtube.com/&idahofineartsacademy/featured Grant facilitator, Rachel Swenson's Bio: Rachel Swenson is a dance specialist at the Idaho Fine Arts Academy and a dance teaching artist for the Idaho Commission on the Arts. She holds a K-8 all content teacher credential, 6-12 Visual Arts Teaching Credential, and Humanities Endorsement. She teaches both the art of dance and how to incorporate dance as an integrative learning tool through project-based choreography with students that focuses on connections to dance history, current events, life skills, environmental issues, and social issues. Swenson is the co-director/co-founder and curator of the Idaho Screendance Festival and writes for the Dance and the Child International USA newsletter. She has performed professionally in various venues in Utah and was a guest performer for Ririe-Woodbury Dance Company. She has also performed for choreographer Meghan Durham Wall for the Paradigm Dance Project, and for Jim Moreno's Proving Ground Dance Company. Performing the works of Hanya Holm and Alwin Nikolais have been highlights of her professional experience. Throughout her career, Swenson has worked in many K-12 schools in Utah and Idaho, including as an Art Works for Kids teaching artist at Knowlton Elementary and William Penn Elementary schools in Utah; as a visual arts teacher at Christine Donnell School of the Arts in Idaho; and as a creative dance teacher for the Virginia Tanner Dance Arts in Education program at the University of Utah. Swenson has extensive experience providing professional development for educators, including Idaho's Arts Powered Schools, West Ada School District, BYU Arts Partnerships,Utah Valley University, EduFest, the Utah State Office of Education, Dance and the Child International, Utah Arts Council's Arts Networking Conferences, Artworks for Kids, Tanner Dance Program, Idaho Dance Education Organization, and the National Dance Education Organization. Swenson has been awarded over eighteen grants for dance education from the Idaho Commission on the Arts, the National Endowment for the Arts, the Jeker Foundation, the Inukai Family Foundation, VSA Idaho, West Ada Education Foundation and is the recipient of the 2023 IDEO Dance Educator of the Year Award, 2019 Teacher of the Year for Idaho Fine Arts Academy and the 2017 NDEO Executive Director's Award for Outstanding Advocacy. In her commitment to advocating for equality in arts education in public and private schools, Swenson has been active in establishing and serving state and national organizations. She is the founding President and current board member of the Idaho Dance Education Organization and former Northwest Region Representative for the National Dance Education Organization, where she was also a contributing committee member for the NDEO "Priorities Pamphlet." She has also served on multiple committees for the State Board of Education and West Ada School District for arts education standards revisions and arts education textbook adoptions. Swenson earned a B.F.A. in Modern Dance and an M.Ed. in Education from the University of Utah. Swenson is pursuing an Interdisciplinary specialization as a doctoral candidate within the Ed.D. Dance Education Program at Teachers College, Columbia University,New York City,New York. Her research interests include social- emotional learning and social processes in collaborative choreography, cognitive processes in creativity, cultivating creativity, the cultural hierarchy of arts education, dance literacy, dance education history, and improving arts education leadership. Guest Artists: Marianna Edwards Jimenez,Artist's Bio: Frequent trips to stay with family in Mexico exposed Marianna to the roots of her Mexican culture. Curiosity to investigate and create was nourished by her family. She studied at the San Francisco Art Institute, receiving a BFA in Painting. Further awareness of her indigenous heritage and Chicano culture blossomed during art school. Also, during that time, visiting her grandmother's village in Oaxaca and various archaeological sites in Central Mexico and Chiapas on separate occasions transformed that awareness into the passion and central ideas for her work. After art school, Marianna taught drawing and painting at two separate private studios. One of those studios belonged to classically trained, Venezuelan artist, Conchita Firgau, which led Marianna to want to Youth Performing Arts Projects: Sabiduria Conectada (Connected Wisdom) 3 explore a blend of Western realism and Pre-Columbian themes and subject matter. The drips, lines, and marks explore ideas of the fraying of time woven into a sense of existing within two different and distinct cultures. In 2019 Marianna received an Alexa Rose Foundation Grant to travel to the Museo Textil in Oaxaca, Mexico (postponed due to COVID). In 2020 she created Ancestral Steering for the City of Boise Traffic Box Project. In 2021 she was again awarded with an Alexa Rose Foundation Grant to purchase a camera for quality reference photos and documenting her portfolio through photographs and videos. Marianna teaches art at the high school level and is a Boise resident. She draws and paints in oil, acrylic, and mixed media, incorporating cultural objects, collage,portraits, animals, textiles, and patterns into her visual language. Artist website: https://www.mariannajimenezedwards.art/ Estefania Sanchez,Artist's Bio: Estefania is an alumni of the Solo Flamenco Academy in Portland OR. She graduated in 2008 under the guidance of Maestra Laurena Marrone-Campos and moved to Spain shortly afterwards to improve her skills as a vocal performer. With Flamenco dance as her base for narrative, Estefania makes personal stories come alive on stage while preserving history and Spanish culture. Transmitting emotion with each hand movement, facial expression and dynamic foot stamp, Estefania guides audiences through an intimate celebration of the human experience. She is a two-time recipient of the Traditional Arts Apprenticeship grant by Idaho Commission on the Arts (2016, 2019). She collaborated with guitarist Mark Ferguson and percussion vocalist Luis de La Tota in creating a video `The Language of Flamenco'that teachers the language that passes between dancer and guitarist. She performs in Flamenco San Francisco, Seattle and Portland Flamenco communities. She currently teaches and performs in the Boise area with her group Shimi Tree. Monique Michel,Artist's Bio: Ballet Folklorico Mexico Lindo was established in 2003 in Nampa, Idaho. Since then, the group has been committed to providing authentic Mexican folkloric dance education while sharing their time and talents through dance in Idaho. Executive Director, Monique N. Michel is the owner, creator and director of Ballet Folklorico Mexico Lindo. It is her whole heart and soul (after her 2 children and her favorite GSD, Pirate!). She works with each and every student- from dance enthusiasts to seasoned professionals, to develop their individual skills while fostering movement and body awareness. Through sharing the history of Mexico's cultural heritage and maintaining cultural integrity, Ballet Folklorico Mexico Lindo taps into the passion for the art of baile folklorico and brings it to life both on stage and in the dance studio. Monique believes that dance is where artistry and athleticism meet, and this theme carries through all classes taught at Studio Alma Folklorica, the home of the Ballet Folklorico Mexico Lindo. Students receive the type of training that turns them not just into successful dancers,but accomplished human beings, prepared to achieve whatever they set their minds to. 2. Detailed project budget: Sabiduria Conectada (Connected Wisdom) Latina Inspired Art and Dance Project with IFAA Dance Majors, Marianna Jimenez Edwards, Estefania Sanchez, and Monique Michel. • Rental of PSI's High-Def. Projector to project Marianna Jimenez Edwards' artwork = $2000 • Estefania Sanchez (Flamenco artist and choreographer), $50 an hour contact time to choreograph two dances and perform four dances in two concerts= $1250 • Monique Michel (artistic director of Ballet Folklorico Mexico Lindo), $50 an hour contact time to teach four master classes to dancers= $300 • Chaz Gentry(lighting director) $300 per concert= $600 • Sound engineers $500 per concert= $1000 • Mike Reid Professional Photography: $300 per concert= $600 Youth Performing Arts Projects: Sabiduria Conectada (Connected Wisdom) 4 • Professional Videography and Editing: $600 per concert= $1200 • Program Booklet Printing: $220 per concert=$440 • Poster Printing: $100 • Marley Tape for Dance Floor: $80 Total Budget: $7,570 Projected Income: $4200 • $1000 fundraised by IFAA dance majors. • Projected $200 in bake sale earnings. • Projected $3000 to $4500 in ticket sales. $10 General Admission tickets for sale. Projected 300-400 pre-sold audience members buying tickets - $3,000 -4,000. Giving away 400 tickets per concert to students in the community. The auditorium seats 900. Asking MAC for$3,370 3. Detailed project timeline. January 2024 — Recruit guest artists and technical crew — Reserve technical equipment — Introduce IFAA students to guest artists and their work February 2024 — Research Latina/Chicana art, dance, and guest artists — Attend Malevo concert as Latin dance research — Analyze Marianna Jimenez Edwards' art using Edmund Feldman's Four Steps to Art Criticism — 45 IFAA dancers choreograph and co-choreograph Latin inspired dances — Conduct Laban Movement Analysis of Flamenco and Ballet Folklorico Mexico dance — Study Flamenco and learn a dance once a week under Estefania Sanchez — Study Ballet Folkloric Mexico and learn a dance for high school and a dance for middle school March 2024 - Study Flamenco and learn a dance once a week under Estefania Sanchez - 45 IFAA dancers choreograph and co-choreograph Latin inspired dances - Mount the concert(costumes,program order, program,posters, tickets) - Press Release shared with district websites and social media - Print and hang posters in the community and share on social media - Give 400 free tickets away to each concert to WASD Meridian elementary and middle schools and arts elementary schools - Rehearse and refine dances - Rehearse with musicians - Contact the Idaho Today show and Latin organizations April 2024 - Continue to mount the concert(lighting design, time show, finalize program) - Print programs - Rehearse and refine dances - Rehearse with musicians - Space, light, and rehearse concert on the stage - Concerts April 27 and 30, 2024 - Concert Assessment and Reflection. Students view concert videos and photographs, discuss feedback, fill out performance and choreography rubric assessments and written reflections. - End report to MAC and share findings with school community and guest artists Youth Performing Arts Projects: Sabiduria Conectada (Connected Wisdom) 5 4. Description of previous work in youth performing arts. Rachel Swenson has produced, directed, and choreographed over a hundred youth performances from 1998 to present in Utah and Idaho for public school districts,private studios, arts and arts education organizations. She has been an arts educator for over twenty-five years and a professional filmmaker for television and film since 1995. Swenson is a co-founder and curator of the Idaho Screendance Festival and has made award winning dance film shorts with the IFAA dance students. She has facilitated and presented at local and state arts education conferences since 2001. Swenson is an expert at arts productions. Below are recent examples of the youth concerts she has produced, directed, and choreographed: IFAA YouTube Channel: Swenson has directed all the concerts on the Collaborative Performance Playlist(115 videos)https://www.youtube.com/(d),idahofineartsacademy/playlists IFAA Dance and Music Concerts with Guest Artists as Examples: 1) IFAXs Elemental Pulse Concert with Guest Artists Shaun Brazell, Bill Evans, and Justin Nielsen at the Morrison Center htt2s://www.youtube.com/watch?v=IFAr6WkDuTc 2) IFAXs Elemental Pulse Concert with Guest Artists Bristol Lightning at Mountain View High School hLtps://www.youtube.com/watch?v=jQSc8r7l Qm8 3) IFAXs Terpsichore Concert with Guest Artist Karen Eastman and Marla Hansen https://www.youtube.com/watch?v=tZy8lDWMmS g&list=PLWi2NthkAg40q 39CHZ1tV S4FnLYbVI hT8&index=55 4) IFANs Zero and knwbdy Concert with Guest Artists Bobby Gayton, Zero, and knwbdy hllp s://www.youtube.com/watch?v=B Vej xwsb WxO&list=PLWi2NthkAg40q 3 9 CHZltV S4FnLYbVIh T8&index=97 https://www.youtube.com/watch?v=V7rHnUTQt7Y&list=PLWi2NthkAg40q 39CHZ1tV S4FnLYbVI hT8&index=95 htlp s://www.youtube.com/watch?v=thLWnZOGLsO&list=PLWi2NthkAg40q 3 9CHZ1tV S4FnLYbVI hT8&index=78 https://www.youtube.com/watch?v=y- Mm5hSJS28&list=PLWi2NthkAg40g39CHZ1tV S4FnLYbVIhT8&index=77 Marianna Edwards (visual artist) Watch this video about her and her art: https://youtu.be/NLKwKxBSkOc?si=OT rN-cCbCoi6whn Marianna's Art: Gallery Marianna Jimenez Edwards Art 1. untitled falling girl with astronaut(2020) 1. El Paso (2020) 2. Star Chatter(2020) 3. Fringe (2020) 4. Star Child(2020) 5. Somos Estrellas (We are Stars) (2021) 1. Sabiduria Connectada(Connected Wisdom) (2021) 1. H-H Objects (El alumno destinado ser mi papa) (2021) I. Dreamwaver(Tejedora de Suenos) (2021) 1. Runs Over Mountains (Lorena Ramirez) (2022) 2. Bano de Bosqu (Forest Bath) (2022) Youth Performing Arts Projects: Sabiduria Conectada (Connected Wisdom) 6 3. El Bello (2022) 1. untitled portrait of a woman(2023) Estefania Sanchez (flamenco dancer) We would love for Stefanie to perform in our concert 3 to 4 dances. Estefania Sanchez I Alexa Rose (alexarosefoundation.org) Video of Estefania guest artist dancing Flamenco: https://www.youtube.com/watch?v=oPsMpsWl7gs Video of Estefania guest artist at Foothills School of Arts: htlps://www.youtube.com/watch?v=3UT9hQUa5ek Monique Michel,Ballet Folklorico Mexico Mi Lindo videos: https://www.youtube.com/(a,folkloricotakeover9687 5. Narrative describing the proposed project, including: a. MAC's financial contribution will be utilized to help pay for the Sabiduria Conectada (Connected Wisdom)project's guest artists honorariums, production expenses, and documentation. The project includes three artists in residencies, six master classes, nine professionally choreographed dances, eighteen student choreographed dances, two performances with guest artists, and two art exhibits all open to the public. The IFAA students and teachers will collaborate with local Latina guest artists on upcoming April concerts and art exhibits. The focus is on Latin dance and visual art. We have reserved the Centennial Performing Arts Center(CPAC)theater on Saturday, April 27, 2024 (middle school concert), and Tuesday, April 30, 2024 (high school concert). The art themes will be inspired by Latin culture or the students' own personal narratives, encompassing themes of home, family, heritage, culture, identity, and lived experiences. The dance repertoire for the concerts will span a diverse range of styles, including contemporary, tap,jazz, folk, Flamenco, Latin, lyrical, and fusion of dance styles, ensuring a dynamic and engaging showcase of talent. The concerts will be professionally documented, with photography by Mike Reid and videography by Kody Newton. Our esteemed guest Latina artists include Marianna Jimenez Edwards, renowned visual artist; Estefania Sanchez, a Flamenco dance artist; and Monique Michel, representing Ballet Folklorico Mexico Lindo. Estefania and Monique will conduct master classes for our dancers, while Marianna will engage with students remotely to discuss her art. She will provide high-definition digital scans of her work, which will be featured prominently on the concert poster. Throughout the preparation leading up to the April concert, guest artists will collaborate with IFAA students intermittently. During the concert, Marianna's captivating artwork will be projected, serving as inspiration for student choreography, music, and costumes. To ensure cultural and artistic sensitivity, guest artists will approve music selections and offer guidance. In the classroom, students will have the opportunity to analyze Marianna's artwork in small groups using Edmund Feldman's four steps to art criticism (Describe,Analyze, Interpret, Evaluate). Students will create four dance phrases for two pieces of art and create two short solo compositions. The students will create three versions of the solo composition: original art inspired version, body percussion version, and Flamenco elements version. The solo compositions will be incorporated into the choreography for the concert. Our goal is to celebrate and draw inspiration from Latin visual art, music, and dance while avoiding cultural appropriation. Youth Performing Arts Projects: Sabiduria Conectada (Connected Wisdom) 7 During their analysis of the artwork, the dancers identified one of the three Latina Feminism themes depicted in each art piece: 1. Testimonio: These narratives serve a purpose, fostering critical consciousness and a connection to lived experiences. They involve refraining the narrative, taking ownership, and harnessing the power of storytelling. Testimonios not only inform the next generation but also transmit essential information, acting as a link to identity and culture. 2. Borders: Representing critical inflection points, borders are areas of tension linked to lived experiences and identity. They offer room for movement back and forth, evoking emotional intensity and presenting opportunities for empowerment. 3. Nepantla: Describing the space between two worlds or the land in the middle,Nepantla represents a realm of discomfort that leads to the possibility of empathy and shared understanding. Living within this middle space allows individuals to learn valuable lessons and raise critical consciousness. Dancers will employ Rudolf Laban's Movement Analysis, focusing on Body, Effort, Shape, Space, and Time, to analyze Latin dances. This exploration will commence with Flamenco and Ballet Folklorico Mexico, allowing students to delve into the intricate movements and cultural nuances of these rich dance forms. Youth visual art will be exhibited in the lobby. Here is an example of what one of the concerts will look like. The highlighted dances will have art projected during them and the dances were inspired by the art: Sabiduria Conectada (Connected Wisdom): Saturday, APRIL 27, 2024: ACT I: 1) Estafania Sanchez: FLAMENCO SOLO 2) "All Together": ALL DANCERS LARGE GROUP 3) Ballet Folklorico: large group dance (guest artists) 4) "Sabiduria Connectada (Connected Wisdom)" Bridget: QUINTET - Makena, Callay, Chloe, Haddyn 5) Rylee: SOLO 6) IFAA Ballet Folklorico 7) Mailee: SOLO 8) liar Chatter" Baylee: QUINTET - Kylee, Lyla, Pippa, Anneliese 9) Abby' SOLO 10)"Somos Estrellas (We are Stars)" Savanah: SEXTET - (Dive by Sherry FIno) Rylee, Charlotte, Tegan, Olivia, Harper 11)Makena: SOLO 12)"Fringe" Mailee: QUINTET - Jaylin, Gracie,Alena, Amelia 13)Vivian: SOLO 14)Laititled" Ava: QiMTET'&yton, Abigail, Eliana 15)Estafania Sanchez: FLAMENCO SOLO ACT II: 1) Estafania Sanchez: FLAMENCO SOLO 2) "Open Arms": ALL DANCERS LARGE GROUP 3) Ballet Folklorico: large group dance (guest artists) 4) Bridget: SOLO 5) "Bano de Bosqu (Forest Bath)" ViN&: QUINTET - Bridget, Alena, Lyla 6) Savannah: SOLO 7) 1H--H Objects (El alumno destinado ser mi papa)" Kylee & Charlotte (SEVEN DANCERS): (Quisimos Ser Dioses) Olivia, Harper, Anneliese, Pippa, Chloe, Rylee Youth Performing Arts Projects: Sabiduria Conectada (Connected Wisdom) 8 8) "Dreamweaver(Tejedora de Suenos)" Makena: TRIO - Maile, Ava 9) Amelia: SOLO 10)Charlotte: DUET Lyla 11)Ba lee: SOLO 12)iiaso" Amelia: QUINTET - Savannah, Callay, Tegan, Haddyn 13)Ava: SOLO 14)"Somos Estrellas (We are Stars)" Abigail: (SEXTET): Eliana, Peyton, Jaylin, Baylee, Gracie 15)Estafania Sanchez: FLAMENCO SOLO b. This project aims to benefit the lives of Meridian residents and local youth by honoring and celebrating Latin culture,youth art, professional art, and the contributions of local Latina artists. The performance promises to be not only thoughtful and artistic but also touching and joyful, offering a meaningful experience for all attendees. With the participation of 300 IFAA students in grades 6-12, 800 WASD students in grades K-8, two teachers, three local Latina guest artists, and the Meridian community as the audience,this project brings together a diverse group of individuals. The theater, which seats 900 for each concert, provides ample space for everyone to come together and enjoy the event. We aim to fill every seat and create a memorable experience for all. c. Our target audience comprises students from grades K-12 within the West Ada School District (WASD), families and community members residing in Meridian and the surrounding Ada County areas. We anticipate reaching approximately 1,900 residents and visitors in Meridian through our events. Our marketing efforts include utilizing the WASD email system, as well as WASD and Idaho Fine Arts Academy(IFAA) social media platforms, websites, and printed posters displayed in local businesses. Additionally, we distribute letters and complimentary tickets to K-8 schools within the WASD, collaborating with school counselors and principals to facilitate ticket distribution. Furthermore, forty-five IFAA dance majors will presell 10 tickets each to the concerts, and we will provide complimentary tickets to guest artists and their families. We also plan to engage with the Idaho Hispanic Chamber of Commerce, the Idaho Hispanic Foundation, and other Latin organizations to promote our event within the Latin community. Moreover, leveraging our past success, we aim to secure coverage for our event through media outlets such as the Idaho Today show, extending our reach and visibility within the community. d. MAC's generous contribution will be acknowledged comprehensively across all communication channels associated with the project. This includes verbal recognition during classes, concerts, and art exhibits, as well as in written, printed,published, and digitally posted materials.Additionally, letters sent to schools will prominently feature MAC's support and dedication to enriching our community through the arts. e. There will be 100 participants and 1800 audience members to be impacted by the Sabiduria Conectada (Connected Wisdom)project. In conclusion,the Sabiduria Conectada (Connected Wisdom)project is poised to make a profound impact on the lives of Meridian residents and local youth by celebrating Latin culture, youth art, professional art, and the invaluable contributions of local Latina artists. With a thoughtful and artistic performance that promises to be touching and joyful, we aim to provide a meaningful experience for all attendees. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Professional Services Agreement Between the Treasure Valley Children's Theater and the City of Meridian/Meridian Arts Commission PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY CHILDREN'S THEATER This PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY CHILDREN'S THEATER("Agreement") is made this 7th_day of May , 2024,by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City"), by and through the Meridian Arts Commission, and Treasure Valley Children's Theater, Inc., a nonprofit corporation organized under the laws of the State of Idaho (hereinafter"Organization"). WHEREAS,the mission of the Meridian Arts Commission is to develop, advance, and nurture all facets of the arts to enhance the quality of life for Meridian residents and its visitors, and to that end, issued a Request for Proposals/Call for Youth Performing Arts Projects ("RFP"), a copy of which is attached hereto as Exhibit A; WHEREAS,the mission of Organization is "Through the transformative power of the arts and our core values, Treasure Valley Children's Theater empowers youth to realize their full potential and use the confidence gained and skills learned to change the world."; WHEREAS, City wishes to further these respective and complementary missions by engaging Organization to provide a performing arts experience and performances as set forth in the proposal attached hereto as Exhibit B ("Performance"); 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, City and Organization agree as follows: I. SCOPE OF SERVICES. Organization shall provide the following services and deliverables: A. Compliance with Agreement and RFP. Organization shall comply in every respect with the requirements of this Agreement and the RFP. Organization shall use the funds provided by City under this Agreement for the purpose and in the manner set forth in Exhibit B. B. Performance. By August 15, 2024, the Organization shall present the Performance to the public, as set forth in Exhibit B. Organizer shall ensure that the location of Performance is accessible to persons of all abilities, and that the Performance is appropriate for all ages, values, and sensibilities. The Performance shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. Final report. By September 6, 2023, Organization shall submit to the Arts and Culture Coordinator a final written report describing the Performance and all services provided with funds provided by City under this Agreement. PAGE 1 D. Recognition. Organization shall recognize the Meridian Arts Commission's contribution in the manner set forth in Exhibit B. To the extent practicable, Organizer shall give City the opportunity to review and approve all promotional materials in advance of their publication. II. COMPENSATION AND PAYMENT. A. Amount. City shall pay Organization for professional services described herein in an amount not to exceed three thousand, five hundred dollars ($3,500.00). B. Payment schedule. City shall mail payment to Organization within thirty(30) days of Organization's provision of the following to City, in accordance with the following schedule: 1. By June 17, 2023, Organization shall submit to the Arts and Culture Coordinator all requested performance marketing and informational materials, a completed W-9 form, and an invoice, and City shall pay Organization in the amount of$2,500. 2. By September 6, 2023, Organization shall submit a final report and invoice, and City shall pay Organization in the amount of$1,000.00. These amounts shall constitute full compensation for any and all services provided and any and all related expenses, including, without limitation: travel; materials; contingency; commission; insurance; equipment; all related costs for audition, rehearsal, and performance space; and any and all other costs of work to be performed or furnished by Organization under this Agreement. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Organization under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Organization. C. Materials fees; revenue. Organization shall be entitled to collect a reasonable participation fee from each participant in the Performance. In exchange for such fee, each participant shall be entitled to participation in rehearsals per Organization's casting and direction; direction and coaching from Organization staff at rehearsals; and participation in the Performance per Organization's casting, direction, and scheduling. Organization may not turn away any person due to inability to pay the participation fee; Organization shall waive and/or make other accommodations for such fee upon request and demonstration of financial hardship. Organization shall be entitled to retain any revenues realized from ticket sales, sponsorships, or other fundraising undertaken by Organization. III. GENERAL PROVISIONS. A. Assumption of risk. Organization acknowledges that provision of services under this Agreement may carry a risk of injury, illness, and/or death, some of which risks may be unknown, and, with that knowledge, Organization hereby assumes all such risks and hazards. B. Indemnification. Organization and each and all of Organization's employees, agents, contractors, officials, officers, servants, guests, and/or invitees, including any and all participants in or observers of Organization's programming and activities, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by PAGE 2 Organization or any Organization employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observers of Organization's programming and activities. C. Insurance. Organization shall submit to City proof of an insurance policy issued by an insurance company licensed to do business in Idaho protecting Organization, Organization's employees, and Organization's agents from all claims for damages to property and bodily injury, including death, which may arise during or in connection with Organization's programming and activities, including, without limitation, auditions, rehearsals, set-up, performance, and tear-down. Such insurance shall name City as additional insured, and shall afford at least five hundred thousand dollars ($500,000.00)per person bodily injury, five hundred thousand dollars ($500,000.00)per occurrence bodily injury, and five hundred thousand dollars ($500,000.00)per occurrence property damage. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City as set forth in this Agreement or any permit. If City becomes liable for an amount in excess of the insurance limits herein provided due to the actions or omissions of Organization or any Organization employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Organization activities, Organization covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. At all times during the course of this Agreement, Organization shall maintain worker's compensation coverage in the amount required by law for each and every employee utilized in the course of performance of this Agreement. D. Waiver. Except as to rights held under the terms of this Agreement, Organization and each participant in Performance, shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. E. Notices. All notices required to be given by either of the parties shall be in writing and be deemed communicated when personally served or mailed via U.S. mail, addressed as follows: If to Organization: If to City: Allison Terenzio Moody Arts and Culture Coordinator Executive Director, Treasure Valley City of Meridian Children's Theater 33 East Broadway Ave 440 W. Pennwood St., Ste. 100 Meridian ID 83642 Meridian ID 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. F. Assignment; subcontractors. Organization shall not assign or subcontract all or any portion PAGE 3 of Organization's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written approval of City. Any assignee or subcontractor so approved shall be bound by all the terms and conditions of this Agreement. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representatives, successors, and assigns of the parties. G. No agency; independent contractor. Neither Organization nor its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for any purpose whatsoever. In all matters pertaining to this agreement, Organization shall be acting as an independent contractor, and neither Organization nor any officer, employee or agent of Organization shall be deemed an employee or agent of City in any manner or for any purpose. Specifically, without limitation, Organization understands, acknowledges, and agrees that Organization and its employees, agents, contractors, officials, officers, servants, guests, and/or invitees: 1. Are free from actual and potential control by City in the provision of services under this Agreement. 2. Are engaged in an independently established trade, occupation,profession, or business. 3. Have the authority to hire subordinates. 4. Own and/or will provide all major items of equipment necessary to perform services under this Agreement. H. Compliance with laws. In performing the scope of services required hereunder, City and Organization shall comply with all applicable federal, state, and local laws. I. 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 attorneys' 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. J. Time of the essence. The parties shall fulfill obligations described in this Agreement in a timely manner, as set forth herein. The parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. K. Termination. 1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Process. Either party may terminate this Agreement by providing fourteen (14) days' notice of intention to terminate. Such notice shall include a description of the breach or circumstances providing grounds for termination. A forty-eight(48)hour cure period PAGE 4 shall commence upon provision of the notice of intention to terminate. If the defaulting party successfully cures the breach or circumstances providing grounds for termination, the terminating party shall signify such cure by issuing written withdrawal of the notice of termination. If,upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement shall be terminated. 3. Return of funds. If Organization defaults or terminates this Agreement prior to the Performance, Organization shall return to City all funds dispersed, regardless of costs incurred by Organization. L. Non-Waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. The failure of either party to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of this Agreement or to exercise any right hereunder, shall not be construed as a waiver or relinquishment of the future performance of any rights, and the obligations of the party with respect to such future performance shall continue in full force and effect. M. State of Idaho requirements. The following provisions are required by the State of Idaho. 1. Anti-Boycott Against Israel Act. Pursuant to Idaho Code § 67-2346, as applicable, Organization certifies that Organization is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of goods or services from Israel or territories under Israel's control. The terms"company"and"boycott Israel" shall have the meanings ascribed to them in Idaho Code § 67-2346. 2. Contract with company owned or operated by the government of China prohibited. Pursuant to Idaho Code § 67-2359, as applicable, Organization certifies that Organization is not a company currently owned or operated by the government of China and will not for the duration of this Agreement be owned or operated by the government of China. The terms "company"and"government of China" shall have the meanings ascribed to them in Idaho Code § 67-2359. N. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. O. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. P. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. PAGE 5 Q. Discrimination prohibited. In performing the Services required herein, Organization shall not discriminate against any person on the basis of race, color, religion, gender, sexual orientation, national origin or ancestry, age, or physical handicap. R. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. S. Third-party beneficiaries. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. T. Warranty of authority. The undersigned expressly warrant that they are duly authorized to act as the representative and agent of Organization and City, respectively. Organization's undersigned further warrants that such undersigned person is authorized to bind each and all of the Performance participants to the obligations set forth herein, and to accept the liabilities as established herein on behalf of such participants. 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. ORGANIZATION: Allison Terenzio Moody Executive Director, Treasure Valley Children's Theater CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 5-7-2024 Chris Johnson, City Clerk 5-7-2024 PAGE 6 Meridian Commission Request for Proposals Call for Youth Performing Arts Projects �H 0 tl 1 s OVERVIEW: The Meridian Arts Commission (MAC) requests proposals from local youth theater and performing arts organizations, professionals, and educators for performing arts projects that will feature, include, and benefit Meridian youth. BUDGET: Total funding available from MAC is $7,000. Selected applicants may receive a full or partial award of up to $3,500. DEADLINE: ***Deadline Extended to February 26, 2024*** Any questions regarding application must be submitted to cschiffler@meridiancity.org by February 16 at noon *** Proposals must be received by the Meridian Arts Et Culture Coordinator by February 26, 2024, at 3:00 pm MST. Materials may be delivered by e-mail, mail, or in-person delivery. Incomplete, ineligible, or late submissions will not be considered. Questions and clarification must be submitted to the Meridian Arts and Culture Coordinator, Cassandra Schiffler at cschiffter@meridiancity.orq by January 29, 2024 at noon. Call for Youth Performing Arts Projects Page 1 of 4 ELIGIBILITY: Organizations currently registered with the Idaho Secretary of State or individuals who are performing arts professionals or performing arts educators are eligible to respond. Organizations with nonprofit status will be given preference. The opportunity to respond is open to applicants regardless of race, gender, gender identity, sexual orientation, religion, nationality, or disability. Applicants shall be ineligible who are, employ, or allow to volunteer: any person convicted of any charge involving, or related to, a child or children, elderly persons, and/or other vulnerable persons; any charge involving, or related to, use of or possession of drugs or illicit substances; or any charge of battery, assault, telephone harassment, stalking, or violation of a protective order. PROJECT REQUIREMENTS: Each selected applicant must: • Enter into a Professional Services Agreement with the City of Meridian setting forth specific conditions of participation prior to project initiation. A sample agreement is available upon request. • By August 30, 2024, present a performing arts production to the public that features, includes, and benefits Meridian youth. • Complete all activity, including submission of a final report and invoices, by September 6, 2024. • Conduct all activities within Meridian city limits or area of impact. • Conduct all activities in a facility fully accessible to, and make all activities accessible to, all persons regardless of race, gender, gender identity, sexual orientation, religion, nationality, or disability. • Reserve and pay all related costs for audition, rehearsal, and performance space. • Obtain all necessary royalties and scripts. • Schedule and hold open, public auditions for youth, and provide those auditioning with all necessary materials to do so. • If fees are collected from youth performers, limit fees collected from each youth performer to an amount not to exceed $250.00, and must offer financial assistance to ensure participation regardless of ability to pay. • Provide all necessary staff to provide the services and deliverables commissioned by MAC. • Provide all necessary costumes, props, and set. • Publicize all opportunities to audition for, participate in, and watch the final production(s). • Include MAC logo on materials. Call for Youth Performing Arts Projects Page 2 of 4 APPLICATION REQUIREMENTS: The proposal must address each and all of the following: 1. Applicant's contact information (address, phone, e-mail, website), mission statement, and history; resumes and biographies of key staff and volunteers. 2. Detailed project budget, including all project expenses (e.g., administrative fees, production fees, material costs, venue fees, marketing and promotion, etc.) and income (e.g., admission fees, grants, corporate contributions, sponsorships, fundraising). 3. Detailed project timeline. 4. Description of previous work in youth performing arts. 5. Narrative describing the proposed project, including: a. Detailed description of how MAC's financial contribution will be utilized; b. How the project will benefit Meridian residents and local youth; c. Target audience demographics, estimated number of Meridian residents and visitors that will be impacted, and corresponding marketing/outreach plan; d. How MAC's contribution will be recognized; and e. Number of participants and audience members to be impacted by your project. Questions and clarification must be submitted to the Meridian Arts and Culture Coordinator, Cassandra Schiffler at cschiffler@meridiancity.orgby February 16, 2024 at noon. • Submitted applications must be received by mail or personal delivery to the Meridian Parks and Recreation Department, 33 E. Broadway Ave. Ste. 206, Meridian, Idaho 83462 in a sealed, plainly marked package or envelope by February 26, 2024 at 3:00 pm MST OR • Via E-mail to MACCmeridiancity.or . The subject line MUST READ: Youth Performing Arts Projects. All materials must be submitted in one e-mail with all files included as a single, merged PDF file. EVALUATION CRITERIA: The selection of winning proposals for the 2024 Youth Performing Arts Projects will be made by MAC. Proposals related to the presentation of subject matter that would be disruptive, violent, discriminatory, inappropriate, or likely to offend the sensibilities of the general public will not be considered. In evaluating eligible proposals, the following factors will be considered: • Completion of and adherence to the provisions of this Request for Proposals (RFP) (10 points); • Quality, clarity, and merit of proposal (10 points); • Demonstrated ability to meet the RFP's requirements and objectives (10 points); • Feasibility of proposed project (10 points); • Location of project activities (10 points); Call for Youth Performing Arts Projects Page 3 of 4 • Consistency of proposed project with City policy and community values (10 points); • Impact to Meridian residents and visitors (20 points); and • Dedication and contribution to performing arts opportunities that feature, include, and benefit Meridian youth (20 points). ABOUT MAC: The Meridian Arts Commission (MAC) advises the City of Meridian on arts/cultural policy and promotes public awareness and participation in the arts with a mission to develop, advance and nurture all facets of the arts to enhance the quality of life for Meridian residents and visitors. Core to this mission is the belief that opportunities to experience and participate in the visual, performing and public arts can strengthen cities, increase livability, and contribute to a sense of community. PUBLIC RECORDS The City of Meridian is a public agency; pursuant to the Idaho Public Records Act, all documents in its possession are public records. Proposals will be available for inspection and reproduction by any person. Call for Youth Performing Arts Projects Page 4 of 4 02.02.24 TREASURE VALLEY CHILDREN'S THEATER MERIDIAN ARTS COMMISSION GRANT PROPOSAL YOUTH PERFORMING ARTS PROJECTS ORGANIZATIONAL INFORMATION: NAME: Treasure Valley Children's Theater ADDRESS: Physical: 440 W. Pennwood St. #100, Meridian, ID, 83642 Mailing: PO Box 9144, Boise, ID, 83707 PHONE: (208)-287-8828 EMAIL: michele@treasurevalleychildrenstheater.com WEBSITE: www.treasurevalleychildrenstheater.com MISSION STATEMENT: Through the transformative power of the arts and our core values, Treasure Valley Children's Theater empowers youth to realize their full potential and use the confidence gained and skills learned to change the world. ORGANIZATIONAL HISTORY AND PREVIOUS WORK IN THEATER ARTS: Since 2012, Treasure Valley Children's Theater (TVCT) has harnessed the transformative power of the arts coupled with our core values, to empower youth to realize their full potential and use the confidence gained and skills learned to change the world. Our core values of Respect, Courage, Enthusiasm, Excellence, and Commitment equip students with the practiced qualities that will aid in their future. We serve the greater Treasure Valley community in a two pronged approach: 1) by providing arts education to youth in Boise, Meridian, and Eagle, and 2) by providing free or low-cost access to arts experiences throughout the community with our performance companies. Our work provides area youth with the skills needed to excel at our core values and strengthens real-world skills like critical thinking, empathy, and creativity. Since our founding, we have fulfilled our mission by offering leadership-through-performing arts training, professional adult performances, and theater education, and collaborated with dozens of community partners to bring professional quality arts experiences to the Treasure Valley. Each year we serve the Treasure Valley community by offering theater education in the form of camps and classes as well as an educational tour of professional adult actors and youth performance opportunities. In 2023, we produced: • Seven low-cost public performances at our Pennwood location of Puffs featuring area youth (est. 700 audience members) • Two free public performances at JUMP Boise and Kleiner Park Amphitheater of The Grunch:A New Children's Musical featuring area youth (Est. 600 audience members) With support from the Meridian Arts Commission! 02.02.24 r r r TREASURE VALLEY CHILDREN'S THEATER MERIDIAN ARTS COMMISSION GRANT PROPOSAL YOUTH PERFORMING ARTS PROJECTS • A summer full of performances throughout Meridian of our summer literacy tour, Jesse the Theater Kid featuring our professional performing company members • Three "pay what you want" performances of Newsies, Jr. for the Boise and Meridian communities at Settler's Park and JUMP, Boise (estimated 850 audience members) We also began pre-production and generated funding streams for our new 2024 educational tour, Where in the Capitol is Ida?, a new annual educational tour model for Idaho fourth graders featuring local playwright Noah Moody's adaptation of Lori Otter's book of the same name. Additionally, in 2023, we offered: • 90 Education-based programs offers in 13 valley locations with 904 registrations processed PROJECT INFORMATION: PROJECT NARRATIVE: Treasure Valley Children's Theater seeks $3,500 from the Meridian Arts Commission to support production costs associated with our summer youth performance program, Imagine a Dragon- a new children's musical by BeatbyBeat press- and to subsidize registration costs for families. As with last year's hugely successful The Grunch, Imagine a Dragon will follow our signature performance program model to involve youth from the Meridian community in the rehearsal and production of a full-length, family-friendly theater show: "The dragon is back in town! Well... not really. That's the story a ragtag band of innkeepers makes up, desperate to draw questing heroes to the struggling Dancing Dragon Inn. Soon the inn is full of unexpected guests, from an army of princesses out to prove their bravery, to a group of overwhelmed heroes trying to hold onto their fame. But what happens if they all discover the innkeepers'dragon story is made up? Could there be more than one way to save the day?An epic folk-rock score brings magic to this funny, heartfelt fantasy musical." (BBBpress.com) This musical is just one part of our 2024 performance season, "A Place to Call Home." As TVCT undertakes an exciting move to a new headquarters space, our youth performance season reflects themes of home, belonging, and community. 02.02.24 r r r TREASURE VALLEY CHILDREN'S THEATER MERIDIAN ARTS COMMISSION GRANT PROPOSAL YOUTH PERFORMING ARTS PROJECTS Youth of all abilities and experience will have the opportunity to register for Imagine a Dragon in spring of 2024. This registration style program gives young artists with some class experience who have not participated in a full-length show the involvement of working with other young artists who have performed in shows. This model works well to assuage fears related to auditioning in order to gain access to participation by instead including everyone who registers. It also gives leadership opportunities to other young artists to be examples and mentors. The over 20 youth who are cast will learn leadership and performance skills- and will practice teamwork, empathy, and our five core values of courage, commitment, enthusiasm, excellence, and respect- over the course of a two week rehearsal period in downtown Meridian. At the end of the rehearsal period, two performances will be presented on June 23, 6pm at Jump Boise and June 24, 2pm (dates to be confirmed) at the Kleiner Park Amphitheater at no charge to the public. One of these performances will be ASL interpreted. SUPPORT NEEDS: In order to make our performance programs sustainable, we typically charge around $500 for materials fees. However, with MAC's financial assistance, we can use grant funds to subsidize this and reduce youth participation fees to $250 (with potential for cast members to find sponsors to reduce fees even further), making the program even more accessible to more families. MAC's support would also alleviate pressure on our limited scholarship funds -while we do charge fees to participate, no child is ever turned away for inability to pay. Additionally, by not charging for tickets, we lose an average revenue of$5,000-$6,000. Sponsor and community support helps cover some of this shortfall, but not all. MAC's financial support would not only help us subsidize costs for youth participants but also support the production and operational costs we undertake as an organization. BENEFITS TO MERIDIAN RESIDENTS AND YOUTH: Theater as an art form and as a tool for education provides youth with critical skills needed to improve academic performance, emotional intelligence, and community engagement. "According to our analysis, among neighborhoods in the lowest 40 percent of the income distribution, (compared to those with few cultural assets) those with many cultural assets enjoy: 0 14 percent reduction in indicated investigations of child abuse and neglect 0 5 percent reduction in obesity 0 18 percent increase in kids scoring in the top stratum on English Language Arts and Math exams, and 0 18 percent reduction in the serious crime rate." 02.02.24 r r r TREASURE VALLEY CHILDREN'S THEATER MERIDIAN ARTS COMMISSION GRANT PROPOSAL YOUTH PERFORMING ARTS PROJECTS University of Pennsylvania Social Impact of the Arts Project, 2017, pp. 1-4, Culture and Social Wellbeing in New York City: Highlights of a Two-Year Research Project. Even for audience members, the impact that witnessing a professional theater production can have on young people's development cannot be overstated. A University of Arkansas study showed that "...students can benefit from school field trips to see live theater. The effects are most robust with respect to measures of Tolerance and Content Knowledge... students experience an increase in Tolerance as well as greater understanding of the plot and vocabulary of stories if they see live theater" (Green et al., 2017, The Play's the Thing: Experimentally Examining the Social and Cognitive Effects of School Field Trips to Live Theater Performances. University of Arkansas). Recent research has highlighted the need for arts education as a key component needed to develop young peoples' emotional resilience. Both anecdotal and empirical evidence has highlighted that students who engage with the arts develop increased empathy, tolerance, and other skills critical to emotional development. TARGET AUDIENCE AND MARKETING: Our target audience is Meridian (and other Treasure Valley-area) youth between the ages of 8-18, as well as their families and other Meridian community members. We serve youth who are engaged in learning through our performance programs, and we serve audience members of all ages through our free performances that benefit the community. Our marketing strategies, developed through 10 years of testing and evaluation, rely upon audience targeting, ideally to families of children ages 4-18 living in the Boise, Meridian, Eagle and Nampa areas. Some of our specific strategies include: Social media- posting on Facebook, Instagram, and Linkedln, has proven to be effective in introducing us to new email subscribers but is frequently viewed as an awareness-building tool. Email list- our email newsletters are currently distributed to over 5,000 subscribers with a 30% open rate. We also distribute a Donor Quarterly newsletter with organization updates to all of our financial supporters. Print flyers and posters are distributed to cast members and spread throughout the community. Word-of-mouth through participants and partners. We do a lot of outreach to the community through the local Chambers of Commerce, Business Associations, Civic Associations, and 02.02.24 r r r TREASURE VALLEY CHILDREN'S THEATER MERIDIAN ARTS COMMISSION GRANT PROPOSAL YOUTH PERFORMING ARTS PROJECTS existing community partners to spread the word about who we are and what we do. We also have existing partnerships with most surrounding school districts, who tend to engage in our after school programming and help spread the word about our services. EST. NUMBER OF PARTICIPANTS/AUDIENCE: In order to ensure financial accessibility of the show to community members, we will not be selling tickets for this show and won't have precise audience counts. However, based on estimates from last year's The Grunch, we anticipate a total audience of approximately 200-300 people per show. Over 20 youth will be cast in the show and volunteer technical opportunities will be available for around 5 more. RECOGNITION OF MAC'S CONTRIBUTION: If our request is granted, we are happy to publicly recognize the Meridian Arts Commission's contribution and its significance in helping us fund this performance program and bring theater to Meridian families. At this level of support, we are prepared to offer MAC the following benefits: • Inclusion of the Meridian Arts Comission's name in marketing materials • Full page ad in performance program • Verbal mention of Meridian Arts Commission in curtain speech before both performances • Opportunity to have a booth at performances and distribute information to community • 3+ social media posts on Facebook, Instagram, and Linkedln with link to MAC's website or social media page • An inclusion in our monthly e-newsletter (sent to over 5,000 subscribers) PROJECT BUDGET: EXPENSE OTY COST TOTAL Admin Expense 1 $1,196.00 Rehearsal Space Rental 45 $25 $1,125.00 Royalties 2 $231 $462.00 Scripts 28 $1 $14.00 Casting Materials/Supplies 26 $5 $130.00 Director 60 $25 $1,500.00 Stage Manager 60 $9 $540.00 Music Director/Choreographer 40 $25 $1,000.00 Sound and Production Support 20 $151 $400.00 02.02.24 TREASURE VALLEY CHILDREN'S THEATER MERIDIAN ARTS COMMISSION GRANT PROPOSAL YOUTH PERFORMING ARTS PROJECTS Set Design 10 $15 $150.00 ASL Interpreters 2 $300 $600.00 Costumes 26 $10 $260.00 Props 1 $100 $100.00 Set Build/Supplies 1 $200 $200.00 Facility Use fees 1 $318 $318.00 Concessions Expense 1 $145 $145.00 Cast/Crew T-Shirts 30 $237.00 Photographer 1 $150 $0.00 Social Media Marketing 1 $15 $15.00 Poster/Flyers $1 $97.00 Programs 100 $2 $200.00 Misc. Expense 1 $100 $100.00 TOTAL MAX PROJECT BUDGET. $8,789 INCOME QTY COST TOTAL Materials Fees (offset by MAC grant) 24 $250 $6,000.00 MAC Grant (projected) 1 $3,500 $3,500.00 Show Title Sponsor-TBC 1 $2,000 $2,000.00 MATCH Donors-TBC 1 $500 $500.00 Donations from Audience (projected, per show) 3 $200 $600.00 Concessions/ Merchandise (projected) 3 $100 $300.00 TOTAL PROJECTED REVENUE: $12,900 PROPOSED PROJECT TIMELINE: 02.02.24 TREASURE VALLEY CHILDREN'S THEATER MERIDIAN ARTS COMMISSION GRANT PROPOSAL YOUTH PERFORMING ARTS PROJECTS PRE-PRODUCTION: JAN. 2023 Secure royalties Completed FEB. 2023 Secure title sponsor In process Secure match donors MARCH 2O23 Secure rehearsal space (Meridian Masonic Completed Hall) Secure performance space (Kleiner Park Amphitheatre, JUMP Boise) Confirm production team In process APRIL 2023 Extend technical team contracts Not yet begun Production meetings begin Program registration opens PRODUCTION: MAY 2023: Finalize and initiate performance marketing Not yet begun plan EST. JUNE 10- Rehearsals begin Not yet begun JUNE 23, 2023: - Parent meeting June 10, 2023 - Rehearsals run Monday-Saturday at Meridian Masonic Lodge [JUNE 23-JUNE 24 Shows N/A RESUMES/BIOS OF KEY STAFF AND VOLUNTEERS: The creative team for this project is still TBC, but we are happy to share bios and information for them with MAC once secured. Allison Terenzio- Moody Executive Director https://www.linkedin.com/in/allison-terenzio-6446085/ Allison received her early theater training at Youth Theater Northwest. Along with acting, Allison studied oboe and English horn and was a member of the Seattle Youth Symphony Orchestra. She received her B.A. in English and Creative Writing from Seattle University, where she focused her studies on Children's Literature, Playwriting, and Shakespearean Performance. 02.02.24 r r r TREASURE VALLEY CHILDREN'S THEATER MERIDIAN ARTS COMMISSION GRANT PROPOSAL YOUTH PERFORMING ARTS PROJECTS Allison went on to study at New York University and received her Master's in Education. While living in Manhattan, her passion for teaching through the arts and multiculturalism was born. She teaches that theater can be used as a bridge to connect diverse groups of young people from different ethnicities, ages, and genders. Allison believes that theater education and exposure can motivate, engage and enlighten youth towards becoming leaders of our community. Aubrey Schultz httr)s://www.linkedin.com/in/aubrey-schultz-5376b3238/ Marketing and Communications Coordinator, Teaching Artist Aubrey has been in love with the performing arts for as long as she can remember. She grew up singing, dancing, and acting both on and off stage, but it was the inspiring atmosphere of arts education that led her to pursue a degree in musical theatre. In 2019, she graduated with her Bachelor of Fine Arts in Musical Theatre from Central Washington University. While in school, the most profound things she learned came from teachers who were not only passionate about the content they taught, but about the art of teaching itself. This inspired her to pursue a Master of Arts in Teaching degree from Idaho State University. Aubrey enjoys theatre in all its forms, whether she's teaching, performing on stage, watching from the audience, or blasting show tunes in the car. Aubrey believes that theatre teaches crucial life skills and offers a place for children to develop empathy for others, express themselves, and grow in their confidence. Adriana Bouiss https://www.linkedin.com/in/adriana-bouiss-b8896047/ Education Coordinator Adriana considers herself a type —A creative. She thrives in environments of structure and organization but only when matched with fresh creative processes. Raised in the Wood River Valley, she later went on to receive her bachelor's degree in theatre arts and Leadership from Virginia Tech in 2011 and has since had a wide range of jobs; including ministry, fine dining, event planning and administrative work. She's thrilled to be serving TVCT to see many students of The Valley have the opportunity to engage their inner creative! Cora Buttars Administrative Assistant, Teaching Artist Cora Buttars started her acting career with TVCT's very first production of Schoolhouse Rock Live, Jr. in 2013. From there she was in her high school production of Guys and Dolls, part of the adult theater company that put on Voyage of the Forgotten, is an active member of ComedySportz Boise, and part time host for Magical Princess Parties Idaho. Cora loves being a part of such an amazing community that always supports her in everything she does. When she 02.02.24 TREASURE VALLEY CHILDREN'S THEATER MERIDIAN ARTS COMMISSION GRANT PROPOSAL YOUTH PERFORMING ARTS PROJECTS isn't acting she is most likely singing her heart out or chasing her little ones around. Cora works hard and will always have a smile while doing it! VOLUNTEERS: Treasure Valley Children's Theater maintains a roster of rotating parent, family, friend, and community member volunteers who help us on an as-needed basis for each production. V IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 24-2450: A resolution vacating a 30-foot-wide easement over and across a portion of Lot 4 of Heppers Acre Subdivision as recorded in Book 19 of Plats at Pages 1298 and 1299, records of Ada County, said parcel being located in the southwest quarter of the southwest quarter of Section 12, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described in Exhibit "A;" and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2024-024265 BOISE IDAHO Pgs=4 VICTORIA BAILEY 05/08/2024 08:44 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN RESOLUTION NO. 24-2450 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR A RESOLUTION VACATING A 30-FOOT-WIDE EASEMENT OVER AND ACROSS A PORTION OF LOT 4 OF HEPPERS ACRE SUBDIVISION AS RECORDED IN BOOK 19 OF PLATS AT PAGES 1298 AND 1299, RECORDS OF ADA COUNTY, SAID PARCEL BEING LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A;"AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 6, 2023, the City Council of the City of Meridian held a hearing on the vacation of a 30-foot-wide easement over and across a portion of Lot 4 of Heppers Acre Subdivision as recorded in Book 19 of Plats at Pages 1298 and 1299, records of Ada County, said parcel being located in the southwest quarter of the southwest quarter of Section 12, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That a 30-foot-wide easement over and across a portion of Lot 4 of Heppers Acre Subdivision as recorded in Book 19 of Plats at Pages 1298 and 1299, records of Ada County, said parcel being located in the southwest quarter of the southwest quarter of Section 12, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, as fully described in Exhibit "A," is hereby vacated. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Passed by the City Council of the City of Meridian, Idaho, this 7th day of May, 2024. Approved by the Mayor of the City of Meridian, Idaho, this 7th day of May, 2024. Easement Vacation—Linder Storage Condos H-2022-0091 Attest: Mayor Robert E. Simison 5-7-2024 Chris Johnson, City Clerk 5-7-2024 STATE OF IDAHO ) ) ss: County of Ada ) On this 7th day of May, 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 My Commission Expires: 3-28-2028 Easement Vacation—Linder Storage Condos H-2022-0091 T ACCURATE SURVEYING & MAPPINGi Job No. 22-171 Utility Easement Vacation Description An easement to be vacated over and across a portion of Lot 4 of Heppers Acre Subdivision as recorded in Book 19 of Plats at Pages 1298 and 1299, Records of Ada County, said parcel is located in the Southwest Quarter of the Southwest Quarter of Section 12,Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the found 4 inch aluminum cap monument at the corner common to Sections 11, 12, 13 and 14,T3N, R1W from which the found 3 inch brass cap monument in asphalt at the quarter corner common to Sections 11 and 12, T3N, R1W bears N 00* 32' 39" E a distance of 2645.87 feet; thence N 00' 32' 39" E along the section line for a distance of 922.75 feet;thence S 88' 13' 49" W for a distance of 326.37 feet to the REAL POINT OF BEGINNING; Thence N 00* 38' 53" E for a distance of 120.00 feet; Thence S 89' 13' 52" E along the line common to Lots 3 and 4 for a distance of 30.01 feet to the northeast corner of Lot 4 witnessed by a found 5/8th inch iron pin with a 2 inch aluminum cap stamped PLS 11463, which bears S 00* 38' 53" W a distance of 1.00 feet; Thence S 00' 38' 53" W for a distance of 120.00 feet to a found 5/8th inch iron pin with a cap plastic cap labeled PLS 12025 at the southeast corner of Lot 4; Thence N 88' 13' 49" W along the line common to Lots 4 and 5 for a distance of 30.01 feet to the REAL POINT OF BEGINNING. Vacated Easement contains 0.083 acres, or 3,601 square feet, more or less. 114 3 M Zg-23 0 OF ID i 1520 W. Washington St., Boise, ID 83702 ® Phone: 208-488-4227 www.accuratesurveyors.com km% p w/= Oo'zt M .£\8.os /\ \m § k /,- -, \ % pG ? / �_ ° ° % a ƒ .O9Z 2 .£%S.0N me \ / C)0 3 U co \ g \ \ \~ m 2\'Ly % 2 2 v® ■ ■ y / y 41 v a > § 44 %k ? ) b § 42 may, « 9 � . Co/ k § / ��2! ■� Z�KZ d § h LLJ� � � Lij �bk h U Q ®mU D » \ LLA ;:�oo k/Cd � Q. 7 boo /% � d � % % 2 wa C m � I zi » \ . \ \ Uj ( O p p ®o© � | � $ 2 w � Fbo3 D | L m 3 ��LIJ \ I � \ 3 V) 2 \ �� S(3 \ \ � ' \ LLLI � � Z q Lu �/ � m °° 2/¢ \ p '>\@ 3a 8§m7 w - - - - m // / .ZfZl S f� � � � \\� w Q-m _ z 8' .9 z 3 ,6fif O N DN±V9 JO wSSV q /Ca Q- \ $ � w /4 \-i a� 7(n \ a k q ƒ ƒ 0 � / k & iOR % O & (n 2� 0 2 k Q _ Q % 7 -<Lj k k k U ® % 7 Q m/ �/ �% q \ m / m 4 o | # @q< 2/ 2 / LL- Lu 2 1 o S % 2 k b / k 4 cc) « C G 3 £ mmom E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 24-2451: A Resolution of the City Council of the City of Meridian to Amend City of Meridian Standard Operating Policy 8.1, Regarding Corrective and Disciplinary Action, and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 24-2451 BY THE CITY COUNCIL: CAVENER,LITTLE ROBERTS, OVERTON, STRADER, TAYLOR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND CITY OF MERIDIAN STANDARD OPERATING POLICY 8.1, REGARDING CORRECTIVE AND DISCIPLINARY ACTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council has authority over the policies of the City of Meridian; and WHEREAS,the City Council finds it in the best interest of the City of Meridian to update the corrective and disciplinary action policy to ensure consistent and equitable application for all employees; and NOW, THEREFORE,BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City of Meridian Standard Operating Policy no. 8.1, regarding Corrective and Disciplinary Action, shall be amended as set forth in Exhibit A attached hereto. Section 2. That this resolution shall be in full force and effect immediately upon its passage. ADOPTED by the City Council of the City of Meridian, Idaho, this 7th day of May, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 7th day of May, 2024. APPROVED: Robert E. Simison, Mayor ATTEST: By: Chris Johnson, City Clerk RESOLUTION AMENDING STANDARD OPERATING POLICY NO.8.1 PAGP 1 EXHIBIT A �WENt F City of Meridian Standard Operating Policy Number 8.1 Corrective and Disciplinary Action Purpose: To set forth the City's policy regarding corrective and disciplinary action to ensure consistent and equitable application for all employees. Policy: Supervisors and department directors or designees are directed to assist employees in improving substandard or unacceptable performance and behavior by setting effective expectations, providing feedback, coaching, counseling, and other proactive activities. However, when employees do not respond to such efforts, or when events take place that are so grievous as to require corrective or disciplinary action, supervisors, department directors or designees are directed to follow the City's corrective or disciplinary process. This policy shall be implemented pursuant to the Corrective and Disciplinary Action Standard Operating Procedures. Authority& Responsibility: The Human Resources Director or designee shall be responsible for interpreting this policy.Supervisors and department directors or designees shall have authority and are responsible for administering this policy within their areas of responsibility up to specified levels of disciplinary action as outlined in the Corrective and Disciplinary Action Standard Operating Procedures.The Mayor may be advised of disciplinary decisions made which involve demotion, suspension, or termination. Revision Date:02/29/2024 w IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 24-2452: A Resolution Vacating the 10-foot Irrigation Easement Located Along the West Side of the Property Boundary of Lots 4 and 5, Block 2 of the Treasure Valley Business Center- Phase 1 Subdivision, Being More Particularly Described in Exhibit "A"; and Providing an Effective Date ADA COUNTY RECORDER Trent Tripple 2024-024266 BOISE IDAHO Pgs=4 VICTORIA BAILEY 05/08/2024 08:45 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN RESOLUTION NO. 24-2452 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR A RESOLUTION VACATING THE 10-FOOT IRRIGATION EASEMENT LOCATED ALONG THE WEST SIDE OF THE PROPERTY BOUNDARY OF LOTS 4 AND 5,BLOCK 2 OF THE TREASURE VALLEY BUSINESS CENTER—PHASE 1 SUBDIVISION,BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 23, 2024 the City Council of the City of Meridian held a hearing on the vacation of the 10-foot irrigation easement located along the west side of the property boundary of Lots 4 and 5, Block 2 of the Treasure Valley Business Center—Phase 1 Subdivision; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That a I0-foot irrigation easement located along the west side of the property boundary of Lots 4 and 5, Block 2 of the Treasure Valley Business Center—Phase 1 Subdivision, as fully described in Exhibit"A," is hereby vacated. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Passed by the City Council of the City of Meridian, Idaho, this 7th day of May, 2024. Approved by the Mayor of the City of Meridian, Idaho, this 7th day of May, 2024. Shamrock Foods Irrigation Easement Vacation—H-2024-0003 Attest: Mayor Robert E. Simison 5-7-2024 Chris Johnson, City Clerk 5-7-2024 STATE OF IDAHO ) ) ss: County of Ada ) On this 7th day of May, 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 My Commission Expires: 3-28-2028 Shamrock Foods Irrigation Easement Vacation—H-2024-0003 EXHIBIT A CENTURION ENGINEERS, INC. Contact Information Joseph D. Canning, PE/PLS 2323 S. Vista Ave Ste 2o6 Boise, ID 8370S Telephone 208.343.3381 jdcanningQa centengr.corn February 17, 2024 Irrigation Easement Vacation for Shamrock Foods 1495 N. Hickory Avenue, Meridian, Idaho A portion of Lots 4 and 5, Block 2 of Treasure Valley Business Center Phase 1 situate in the northwest quarter of the northeast quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the north quarter corner of said Section 8; thence South o0°06'30" West, 308.93 feet to the northwest corner of said Lot 4; thence South o0°06'30" West, 75.86 feet along the westerly boundary of said Lot 4 to the Point of Beginning: Thence North 89033'12"East, lo.00 feet; Thence South o0°06'30" West, 645.94 feet along a line 10.0o feet easterly of and parallel with the westerly boundary of said Lots 4 and 5; Thence North 89053'06 West,lo.00 feet to the westerly boundary of said Lot 5; Thence North o0°06'30" East, 645.84 feet along the westerly boundary of said Lots 5 and 4 to the Point of Beginning. Comprising of o.15 acres, more or less. A< LANp 4116 0 EOFIDa� y D.CA ,� G�NTUR��ti Legal Description Irrigation Easement Vacation h ��GINEF,Q- 1495 N. Hickory Ave. : Irrigation Easement Vacation Sketch North quarter corner of Section 8 S00'06'30'W 308.93' NW corner of Lot 4, Block 2 S00'06'30"W 65.86' of Treasure Valley Business N89'33'12 E 193.71 Center Phase 1 N89'33'12"E 10.00' S00'06'30"W 10.00' SCALE: 1"=100' Point of Beginning PROFF E .S i Pleasant Valley Subdivision Treasure Valley Business Center Phase 1 cf) 4116 Southerly portion Block 2 y Lot 1 UO Lot 4 �c1' 0 W (MD 0 0 iD j o O N O O Z / OUO N Treasure Valley Business Center Phase 1 / Block 2 V c "' !� Lot 5 M a 00 O r(,�,� L O W N N 0 Z � .O O WL zNm � Vc CU zJN � V L 10' Irrigation Easement Z (U ai 3 ,�to be vacated created by Q < — / plat of Treasure Valley ,y °ce M SW corner of Lot 5, /1 Business Center Phase 1 = cm Block 2 of Treasure (-- M Vi Valley Business Center /LN89*53'06"W 10.00' Z (A M M Phase 1 U C N 06 15.00' U U N oN O� `rd► SW corner of Lot 1 S00'02'38"E 104.23' a., of Pleasant Valley SE corner of Lot 1 of z Subdivision Pleasant Valley Subdivision Z V S89'33'43"W 193.64' �J �� E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report - March 2024 City of Meridian Monthly Financial Report FY2024 Mar-24 Table of Contents Report Name Page Number Investment Graphs 2 Fund Balance 3 r! II i �■ r �■ '■� ■ f �I kd Ti � n a 7r�1��ulu�iwulllsii �mirni it II r ie�► irr �E ID� F:\Reporting\Monthly Reports\FY2024\FY24-6 Mar Council Report 1 of 3 Monthly Financial Report �E IDIAN^- FY2024 Mar-24 City of Meridian Investment Portfolio Yield by Investment Type IDAHO STATE POOL 5.34% IDAHO BOND 3.48% FUND CASH 0.00% F I B 5.61% •FIB MoneyMarket$2,828,571 -Cash$17,876,960 MONEYMARKET •Idaho Bond Fund$75,430,397 •Idaho State Pool$140,428,025 City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance by Major Fund by Major Fund $2,500,000 $130,000,000 — $2,000,000 $125,000,000 $1,500,000 — $120,000,000 $1,000,000 $115,000,000 $110,000,000 $500,000 $105,000,000 $0 General Enterprise $100,000,000 General Fund Enterprise Fund ■Total Budget ■Actual YTD ■FY24 ■FY23 F:\Reporting\Monthly Reports\FY2024\FY24-6 Mar Council Report 2 of 3 Monthly Financial Report FY2024 E IDIAN*-- Mar-24 IDAHO GENERAL FUND BALANCE ALLOCATIONS $120,000,000 $100.000.000 - $80,000,000 W,000,000 W,000,000 $20,000,000 ................. ................. 9/30/2015 9/30/2016 9/30/TA17 9/30/2018 9/30/2019 9/30/2020 9/30/2021 9/30/2022 - ■N—pendahle ■Restricted ■c.-..ted ■Assigned ■Ass%.ed Reserves ■Unassigned ENTERPRISE FUND BALANCE ALLOCATIONS $120,000,000 S100A00,000 $e0,000,000 $60,000,000 wX 00,000 $20,000,000 $- a-m-w "1-11 1 9/30/2015 9/30/2016 9/30/2017 9/30/2U18 9/30/2019 9/30/2020 9/30/2021 9/30/2022 ■As signed ■Unassigned ■Assinged Reserves F:\Reporting\Monthly Reports\FY2024\FY24-6 Mar Council Report 3 of 3 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: World Ovarian Cancer Day w IDIAN ID,AHO 91he Office of the Mayor PRO C .LAMATION WHEREAS, ovarian cancer is the fifth leading cause of cancer deaths of women in the United States and causes more deaths than any other gynecologic cancer; and, WHEREAS, in the United States, a woman's lifetime risk of being diagnosed with ovarian cancer is about 1 in 78; and, WHEREAS, the American Cancer Society estimates 19,680 cases of ovarian cancer will be newly diagnosed in 2024 and 12,740 individuals will die from the disease nationwide, including 110 new cases and 80 deaths in Idaho; and, WHEREAS, the five-year survival rate for ovarian cancer is 50 percent and survival rates vary greatly depending on the stage of diagnosis; and, WHEREAS, there is not currently an effective diagnostic tool for screening and early detection does not exist. THEREFORE, I, Mayor Robert E. Simison, hereby proclaim May 8, 2024 as 'WorCd Ovarian Cancer Day in the City of Meridian and encourage all citizens to come alongside the women and their families fighting against ovarian cancer by increasing awareness, expanding research and empowering women to reduce the risk ofRertE. S. Dated this 71h day of May, 2024 mi on, Mayor Luke Ca en r, City Council President Liz Strader, City Council Vice-President John Overton, City Council Anne Little Roberts, City Council Doug Taylor, City Council i fq 7 - pop 49 14 i s v 1 . H t , �oMer J r PLANAR • , , � � _ate . + -a If It to to L ~ � -4 .. . ► It It r. �� IS` �-- - F off fill to IA oil Aroo to 1 It iAM -- , r . - = ■ !! , y OVE7fTON I ,* C� Mq , �� — ....rl a_.d . i _ � ' i I I�OKIIff. _ rrrl - a \ LUKE C OONO 1 w_ to ,lit,IloolI It boo, It All J — — — -- a / CAIPI ILL or i1It Ito - _ lot*4 4 lot 1 1 c E IDIAN;--- /hl R AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Council may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN - IN SHEET Date . Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic . Please observe the following rules of the Public Forum . • DO NOT : o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals , business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3 - minute time limit ( you may be interrupted if your topic is deemed is for this forum ) Name ( please print ) Brief Description of Discussion Topic E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Meridian Anti-Drug Coalition Update � s � FMK BE NICE TO EYERYQNE - .r� � } I r ; 4' f! � r 1. S1 � `•i .. � '... .i/" r'. 1 / a;boy, � r _ J •� 4; �` • - + ' 'I f .�' t 'lifty ` oft Ap� r 1 pst 1�� F, D r MERIDIAN ANTI-DRUG COALITION STRENGTHENING OUR COMMUNITY Introductions .ti. i _mot f���lYlJ �1M .ti l 6 Meridian Police Department- Since 2015 - Meridian Police Department- Since 2021 *T! Tt � dT Substance Abuse Prevention Coordinator & Anti-Drug Coalition Coordinator & 9 p Hp 'a p�o` r Meridian Anti-Drug Coalition (MADC) Director r Meridian Anti-Drug Coalition Secretary Community Service Division Records Retention Analyst (September 2021 - July 2022) Community Service Division MERIDIAN ANTI-DRUG COALITIC.1 57RENGTHEMING OUR�COMMUNITY National Standards • Executive Committee : 2 Staff Assessment and 12 Sector Evaluation Capacity Sustainabiliry ana Cultural RepresentativesIm Competence • General Members L plementation Planning =1WdA • Community Partners Model of Strategic Prevention Framework i '�4l or - - ` f - Am 1 f # ` _ f - �•� F �f F t41 F y ' # 41, Aw t r F, MERIDIAN ANTI-DRUG COALITION STRENGTHENING OUR COMMUNITY ecent ts UDC Code Updates 1 7.0. `- -� - ti L 5 1 f * I I 4 r } rl 137 rL. Electronic billboard on Locust Grove and F • y r I' + pp A- IL ml _r 'I A k% }, r ' • I • • I ' • I • • I I I ' I • I • ' I F, MERIDIAN ANTI-DRUG COALITION STRENGTHENING OUR COMMUNITY ecent ts Natural High PSA {' r ll - 7 I - /6 kk + a JMIIADC YOUTH SECTOR REPRESENTATIVE F, MERIDIAN ANTI-DRUG COALITION STRENGTHENING OUR COMMUNITY Future lannin 9 1EE survey Y * l tine wit - _� J CAT H MY PKEATH The Meridian Boys&Girls Cluil Teen Center youth Completed the i AiCH My Breath Dirrieu111m- Summer 2023 .r• . . . s s"t I New Evidence Based - Programm n ancing Partnerships IDAHO S9 MERIDLAM ANTI-DRUG COALITION STRENGTHENING OUR COMMUNITY ■ C� E IDIAN Planning and Zoning Department Presentation and Outline Changes to Agenda: Item #20: Farmstone Crossing (H-2023-0045) Application(s):  Annexation & Zoning  Preliminary Plat Size of property, existing zoning, and location: This site consists of 33.89 acres of land, zoned RUT in Ada County, located at 820 S. Black Cat Road. History: None Comprehensive Plan FLUM Designation: Mixed Employment (ME) Summary of Request: Annexation is requested for 33.89-acres from RUT to the M-E zoning district. The development abuts Mixed Employment designated land to the east and borders I-84 to the south. This development is proposed to have access to a collector street as desired. Medium-high-density residential uses are proposed to the north and light industrial to the west. Allowed uses in the M-E district consist of offices, medical centers, research and development facilities, and light industrial uses with ancillary support services. This area is intended to develop with approximately 378, 360 s.f., encompassing various potential uses like office, light industrial operations, flex space, and research and development components such as distribution and light manufacturing. The inclusion of loading docks on the elevations for the proposed flex buildings implies that all of the intended uses are primarily related to distribution/warehousing, which requires a Conditional Use Permit (CUP) in the M-E zoning district. The proposed preliminary plat consists of 6 building lots and 1 common lot on 27.59-acres of land for the proposed Farmstone Crossing Subdivision. The subdivision is proposed to develop in two (2) phases as shown on the preliminary plat. Staff recommends that the collector street (Vanguard Way) be constructed prior to development commencing on the property. Additionally, the first phase of development should encompass the construction of both the 10’ wide detached sidewalks along S. Black Cat Road and Vanguard Way including the entire street buffers. The second phase of development should encompass the completion of the remaining 10-foot wide pathway along the I-84 Interstate. According to GIS imagery, there is an existing home and other historic outbuildings adjacent to Black Cat Road that will be removed upon development of the Farmstone Crossing Subdivision. Staff recommends that the Applicant preserve some elements of the historic buildings the Applicant presented their proposed plan for the existing silos to the Historic Preservation Commission on January 25, 2024 with the following: Option (1): involves careful disassembling and storage of the structure, with the intention to find an interested agency that may preserve the silo on another site. An agency would need to be identified before disassembly and prior to the commencement of the road. Alternatively, if no interested agency is identified prior to the commencement of the road construction, option (2): entails utilizing some materials from the silo in the construction of the monument. The meeting concluded with the Historic Preservation Commission expressing a preference for recommending to the Planning and Zoning Commission that both existing silos be disassembled and reassembled at a yet-to-be-determined future location. It was emphasized that the specifics of the relocation be clarified prior to disassembly, and the new site would need to be determined within a reasonable period of time. As an alternative proposal, the Commission advocates for the creation of a scale replica of the facilities on the current site. The Historic Preservation Commission wishes to review the details of the proposed monument with the initial Certificate of Zoning Compliance submittal for the site. Additionally, the Historic Preservation Commission wishes to retain the ability to provide comments on the final proposed monument presented by the Applicant. As part of the proposed first phase of development, all existing structures that do not conform to the district’s setbacks must be removed, except for those agreed upon for historic preservation. Dimensional Standards: The proposed preliminary plat appears to comply with the dimensional standards of the district. Access: Access is proposed to be provided from the northern boundary of the site from the extension of Vanguard Way to Black Cat Road to the west. Vanguard Way is designed as a collector street in accordance with the Master Street Map and the Transportation System Map in the TMISAP. A driveway is proposed to the adjacent property to the east for future extension. Streets: Vanguard Way should be constructed in accordance with Street Section C (major collector street) in the TMISAP, which requires (2) 11-foot travel lanes, 6-foot bike lanes, 8-foot parkways with streetlights at a pedestrian scale, and minimum 6-foot wide detached sidewalks (see pg. 3-20, 3-22, 3-23). The Applicant proposes a modification of the street section to include 10-foot wide detached sidewalks/pathways in lieu of on-street bike lanes, which is required by ACHD and as set forth in the Meridian Master Pathways Plan. Prior to submitting the final plat, the Applicant shall coordinate with the property owner to the north and east to construct Vanguard Way and deed the right-of-way to ACHD. The Applicant should ensure that the intersection of Vanguard Way and S. Black Road aligns with the entrance of the Black Cat Industrial projects on the west side of S. Black Cat Road. The Applicant is proposing two curb cuts off of Vanguard Way, a planned collector street in the TMISAP. In accordance with UDC 11- 3A-3 (Access to streets), multiple accesses off an arterial and/or collector roadway shall be restricted The Applicant has chosen to eliminate the curb cut aligned with the proposed subdivision to the north and has instead opted for the one closest to the intersection of Black Cat Road. Typically, Staff recommends that curb cuts align directly across roadways; however, Staff supports the offset change, given that the entrance effectively highlights the features of the proposed plaza, provided it adheres to ACHD’s requirements. Additionally, the Applicant has proposed establishing a shared access on the east side of this site in collaboration with the property owner to the east, intended for future shared access. Pathways: Ten (10) foot-wide multi-use pathways are proposed on the site in accordance with the Pathways Master Plan. One segment follows Vanguard Way across the northern portion of this site; one segment runs along the southern boundary within the street buffer along I-84; and another segment runs along the west side of the site adjacent to S. Black Cat Road to the plaza on the north. The proposed pathway is intended to cross the drive aisle between Buildings 1 & 2. Staff recommends removing the loading docks from the rear of Buildings 1 & 2 to mitigate potential conflicts between pedestrians using the pathway and delivery trucks accessing that area. Sidewalks & Pedestrian Walkways: All proposed sidewalks and pedestrian walkways look to meet the UDC code requirements. Landscaping: A minimum 25-foot wide street buffer is required along all arterial streets (i.e. S. Black Cat Road) in commercial districts. A 20-foot wide street buffer is required along all collector streets (i.e. Vanguard Way) – the buffer may be placed in an easement rather than a common lot in accord with UDC 11-3B-7C.2a. A minimum 50-foot wide street buffer is required along I-84. The proposed buffer dimensions appear to meet the requirements of the UDC code; however, there is a lack of a combination of planters (shrubs and rock mulch) within the buffer along Vanguard Way. The Applicant has provided fifty-two (52) trees and only thirty- four (34) are required along Vanguard Way. Staff recommends that the Applicant enhance the street buffer by reducing the number of trees and incorporating additional planters. The landscape buffer along Black Cat Road adjacent to the open drainage swale, lacks vegetation in front of the 10-foot pathway, not meeting the requirements of the UDC. The Applicant proposes a plaza area between Building #1 and Building #2, featuring benches, a pergola, landscaping, and a potential historical monument of the existing silo on the site. The Applicant should revise the landscape plan to reflect landscaping within the required buffers along Vanguard Way and Black Cat Road adjacent to the drainage swale in front of the 10-foot pathway in accordance with the standards listed in UDC 11-3B-7. Parking lot: To improve the integration of this property with the neighboring M-E zoned property to the east, Staff encourages the Applicant to consider removing the entire landscape buffer along the eastern side and coordinate the alignment of parking with the adjacent property owner. This would facilitate shared access to the east and improve integration with the eastern property. Fencing: The proposed fencing complies with the UDC code. Parking: Off-street vehicle parking is required for the proposed commercial subdivision as set forth in UDC Table 11-3C-6.B. Based on approximately 378,360 square feet of proposed floor space, a minimum of 757 off-street spaces are required; a total of 764 off-street parking spaces are proposed (7 additional parking spaces). Based on 764 parking spaces proposed, a minimum of 31 bicycle spaces are required to be provided; none are proposed. Bicycle parking facilities should comply with the standards in UDC 11-3C-5C. Bike racks should be provided as close as possible to each building entrance totaling 31 spaces or in a designated area within the plaza. Staff is recommending the removal of the loading docks at the rear of Building #1 and Building #2, which will create additional parking. Staff recommends that Applicant submit revised plans incorporating the aforementioned changes with the CZC Application. Building Elevations: Conceptual building elevations were submitted for the proposed flex buildings and light industrial. Building materials consist of horizontal metal or Hardie plank siding in white, wood colors; stucco in dark and light gray colors; metal awnings; and gray-wrapped cornice moulding. The proposed conceptual elevations are not approved. Final design must comply with the design standards in the Architectural Standards Manual (ASM) and the design guidelines in the TMISAP for the Commercial designation (see the matrix for Application of the Design Elements on pg. 3-49). A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the site and building design prior to submittal of building permit applications. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: David Bailey, Bailey Engineering ii. In opposition: None iii. Commenting: David Bailey, Bailey Engineering; Blaine Johnston, President of the Meridian Historic Preservation Commission iv. Written testimony: None v. Key Issue(s): The Applicant’s consideration and proposal for the monument sign is appreciated; however, it would be nice to see the historic silos preserved somehow. Key Issue(s) of Discussion by Commission: i. Retaining the Historic Silos on another property (i.e. Northeast Corner of Ten Mile & Franklin or in the middle of a roundabout). ii. Questions to the Historic Preservation Commission regarding funding to move the silos to another suitable location owned by the City. iii. The proposed timing for the extension of Vanguard Way and the disassembly of the dual silos to relocate them out of the right- of-way. iv. Concerns with the silo being placed somewhere else in the Treasure Valley and losing its distinguished heritage as being part of Meridian. Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. Commission would like to recommend to City Council to retain the dual silos as a historical monument somewhere within our City, preventing them from being given or sold to another part of the Treasure Valley or discarded, and the Developer build a monument on site to commemorate the silos. Written Testimony since Commission Hearing: None Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2023-0045, as presented in the staff report for the hearing date of March 26, 2024: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2023-0045, as presented during the hearing on March 26, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0045 to the hearing date of _____________ for the following reason(s): (You should state specific reason(s) for continuance.) This project was continued to tonight’s hearing due to the City inadvertently not noticing the Kuna School District of the proposed project, which could impact school enrollment in their district. A revised preliminary plat was submitted that depicts (2) fewer building lots along the northern boundary of the subdivision adjacent to existing lots in The Keep Subdivision. Item #21: Reveille Ridge Subdivision (H-2023-0050) Application(s):  Annexation  Preliminary Plat Size of property, existing zoning, and location: This site consists of 59.97 acres of land, zoned RUT in Ada County, located at 7355 S. Eagle Rd. History: None Comprehensive Plan FLUM Designation: LDR (31+/- acres) & MDR (28+/- acres) – The LDR designation allows 3 or fewer units/acre & the MDR designation allows between 3 and 8 units/acre. Summary of Request: The Applicant proposes to annex 59.97-acres of land with R-8 (34.69 acres) & R-15 (25.28 acres) zoning districts for the development of a residential subdivision. A mix of dwelling types are proposed consisting of 170 SFR detached, 14 SFR attached & 62 townhome units. The gross density is 4.13 units/acre overall (2.96 units/acre in LDR & 5.3 units/acre in MDR) consistent with the underlying FLUM designations. Note: Just a reminder that density is no longer associated with zoning districts in the UDC (that changed in 2017); the FLUM designations in the Comp Plan dictate the density of each residential land use designation and no changes are proposed to the FLUM with this application. There is an existing home & accessory structures on this site that will be removed with development. A driveway exists via Eagle Rd. that will be replaced with a public collector street. Discovery Park, a 75-acre City park exists to the west of this site. ACHD’s Master Street Map depicts (2) collector streets across this property – one along the southern boundary & one along the western boundary of the site. Planned transportation improvements: Lake Hazel Rd. is scheduled to be widened to 5-lanes from Locust Grove to Eagle Rd. in 2024 and to 5-lanes from Eagle to Cloverdale Rd. in 2025. The intersection of Lake Hazel & Eagle Rd. is scheduled to be widened to 5-lanes on the north leg, 4-lanes on the south, 4-lanes on the east, and 3-lanes on the west leg to be reconstructed in 2024. No improvements are planned to Eagle Rd. directly abutting the site. A Preliminary Plat is proposed to subdivide the property consisting of 246 building lots & 38 common lots on 59.77 acres of land. The plat is proposed to develop in (4) phases as shown on the revised phasing plan. The applicant revised the phasing plan at the recommendation of Staff to switch phases 2 & 3 so that the majority of the open space is provided in an earlier phase for the enjoyment st of residents. The 1 phase is located along the southern boundary of the site & includes construction of all collector streets within the nd site. The 2 phase is centrally located & contains the pond and most of the common open space for the development, including the rdth linear open space within the Williams Pipeline easement. The 3 phase is the NE portion of the development. The 4 phase is the NW portion of the development. Access is proposed via S. Eagle Rd. with stub streets to adjacent properties for future extension & interconnectivity. Collector streets are proposed in accord with the MSM along with local streets, alleys & a common driveway for internal access. A 25’ wide street buffer is required along Eagle Rd., an arterial street, & 20’ wide buffers are required along collector streets, landscaped in accord with UDC standards. There is a large existing pond on the western portion of this site that is proposed to remain as an amenity for the development. The Farr Lateral runs along the northern boundary of the eastern portion of the site within a 55’ wide easement (30’ of which is on this site). The Williams NW gas pipeline bisects this site within a 75’ wide easement. The Applicant is requesting a waiver from Council to UDC 11-3A-6B.3a to allow the Farr Lateral to remain open as a linear open space & not be piped. A 6’ tall wrought iron fence is proposed adjacent to the southern boundary of the easement to preserve public safety. Common open space & amenities are proposed in accord with UDC standards. Based on the area of the site, a minimum of 8.97-acres (or 15%) qualified open space is required; a total of 11.77-acres (or 19.69%) is proposed as shown on the common open space exhibit consisting of open grassy areas of at least 5,000 s.f. in area, linear open space, a pond with picnic areas and active & passive open space areas. A minimum of 12 site amenity points is required with at least one from each category. Twelve points are proposed consisting of (3) picnic areas and a fitness course with (6) stations from the quality of life category; a ½ mile of multi-use pathways from the pedestrian amenities category along the Farr Lateral & along within the Williams pipeline easement; a tot lot from the recreation activity category; and a bike repair station from the multi-modal category. A 6’ wide pedestrian pathway is also proposed as an amenity within the common area around the pond. Staff is recommending a 10’ wide pathway is provided along Taps for a connection between the between the two multi-use pathway segments. Several conceptual building elevations of 1- & 2-story SFR detached (front-loaded & alley-loaded), single-family attached, and townhome dwellings (front-loaded & alley-loaded) were submitted as shown. Building materials consist of a variety of horizontal & vertical siding and stucco with stone/brick veneer accents. Final design of the attached units and townhome units are required to comply with the design standards in the ASM. Commission Recommendation: Approval Summary of Commission Public Hearing:  In favor: David Bailey, Bailey Engineering (Applicant’s Representative)  In opposition: Dave White, Jeff Luckey, Brian Miller, Jarron Langston, Craig Smith, Carrie Miller, Matthew Pond  Commenting: None  Written testimony: Kelli Black, Bailey Engineering (Applicant’s Representative) – in agreement with staff report; and several (15) letters of opposition from the public (see public record).  Key Issue(s): Key Issue(s) of Discussion by Commission: v. Opinion the proposed density is too high for this development with existing infrastructure constraints; vi. Concern pertaining to safety of roads in the immediate area; vii. Request for a better transition in lot sizes to adjacent properties. Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. The Applicant requests City Council approval of a waiver to UDC 11-3A-6B.3a to leave the Farr Lateral open and not pipe it as allowed in UDC 11-3A-6B.3a. To preserve public safety, the Applicant proposes to construct a 6’ tall wrought iron fence along the northern boundary of Lot 16, Block 2 outside of the Boise Project Board of Control’s easement adjacent to the pathway. ii. The Commission requested the City Council review the transition of the proposed R-8 zoned lots to the existing R-2 lots in The Keep subdivision along the Farr Lateral in order to be in the best interest of the City. Written Testimony since Commission Hearing:  Craig Smith – Request for a better transition (i.e. larger/fewer lots) abutting his 5-acre property to the east of the site similar to that discussed to The Keep to the north;  Kelli Wilkins – Opposed to the density of the proposed development – request for lower density (i.e. larger/fewer lots) abutting her 5-acre property to the east. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2023-0050, as presented in the staff report for the hearing date of March 26, 2024: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2023-0050, as presented during the hearing on March 26, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0050 to the hearing date of _____________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #22: Cityside Storage (H-2023-0058) Application(s):  Conditional Use Permit  Development Agreement Modification Size of property, existing zoning, and location: This site consists of 2.08 acres of land, zoned C-G, located at 2755 N. Eagle Road. History: AZ 05-057, RZ-05-019, PP-05-019, CUP-05-052, PS-05-002, FP-07-012, and DA Instr. #1040107406 & #107044347; PBA- 2022-0021. Comprehensive Plan FLUM Designation: Mixed-Use Regional (MU-RG) Summary of Request: Modification to the existing Development Agreements (DA) (Inst. #104107406 amended as Inst. #107044347) to exclude the subject property and parcel #R0945580265, which limits the types of uses and building square footage to 32,500. The new DA would allow one of the properties to develop with a storage facility and increase the building square footage to 135,000 square feet with a building footprint of 32,500; and a Conditional Use Permit for a storage facility, self-service. Access: Access to the site is from the existing forty-foot (40’) private road N. Cajun Lane via Ustick Road or E. Seville Lane from N. Eagle Road. There is no direct access to the property from N. Eagle Road. Parking: A minimum of one (1) off-street parking space is required for every 500 square feet (s.f.) of gross floor area of the office space – parking is not required for the storage structures. Based on 862 s.f., a minimum of one (1) parking space is required. A total of eight (8) parking spaces are proposed, exceeding UDC the minimum standards. Landscaping: There is an existing twenty (20) foot landscape buffer with a ten (10) foot detached sidewalk along N. Eagle Road an arterial street. The property owner is proposing an additional ten (10) feet of landscaping along N. Eagle Road which shall be installed per the standards listed in UDC 11-3B-7C. A 25-foot wide buffer is required for the residential land use to the west as set forth in UDC Table 11-2C-3 and 11-4-3-34F, landscaped per the standards listed in UDC 11-3B-9C. There is existing landscaping along the multi-use pathway along the southern property boundary which was installed with the previous development per the standards listed in UDC 11-3B-12C. There are no existing trees on this site other than the landscaping along the pathway which will not be removed and protected during construction. Pedestrian Walkways: There is an existing detached ten (10) foot sidewalk along N. Eagle Road and an existing five (5) foot sidewalk along N. Cajun Lane. Per the Parks Department, multi-use pathways already exist in this area. No additional pathways are required with this project. Pathway Lighting: Pedestrian lighting along Eagle Road shall meet the requirements of UDC 11-3H—4C post and luminaire. Historical type lighting per the Meridian city standard specifications, except the height shall be fourteen (14) feet. Fencing: The site plan depicts a faux stucco wall enclosing the property. Building Elevations: Conceptual building elevations were submitted for the proposed structure. Building materials consist of metal panels and stone pattern tiles. Final design is required to comply with the design standards in the Architectural Standards Manual (ASM) and the recorded agreement. Waterways: There are no waterways on the property. The Finch Lateral is located on the property to the south. Commission Recommendation: The height of the proposed structure be less than 54.5 feet as determined by the Council. Summary of Commission Public Hearing:  In favor: Ken Hosac, CEO of Hosac Ventures, property owner  In opposition: Commissioner Sandoval  Commenting: Veda Ballard  Written testimony: None  Key Issue(s): Proposed height of the storage facility Key Issue(s) of Discussion by Commission: viii. Proposed height of the storage facility Commission Change(s) to Staff Recommendation: ii. The height be less than 54.5 feet as determined by the Council. Outstanding Issue(s) for City Council: i. The height of the proposed structure be less than 54.5 feet as determined by the Council. Written Testimony since Commission Hearing: Cory Swain – Supports the proposed project. Jon Hastings – Bienville Square Master Property Owners Association (BSMPOA) supports the project as proposed. Veda Ballard – Supports the project with a proposed height of 48 feet. LeeAnn Clark – Supports the proposed project. Brian Penfold – Bienville Square Subdivision No. 3 HOA Board supports the project as proposed. Bruce Dickinson – Board of Jackson Square Homeowners Association supports the project as proposed. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2023-0058, as presented in the staff report for the hearing date of May 7, 2024: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2023-0058, as presented during the hearing on May 7, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0058 to the hearing date of \[date\] for the following reason(s): (You should state specific reason(s) for continuance.) Item #23: Burnside Ridge Estates (H-2023-0055) Application(s):  Annexation & Zoning  Preliminary Plat Size of property, existing zoning, and location: This site consists of 121.31-acres of land, zoned RUT in Ada County, generally located southwest of the W. Victory Rd. & S. Linder Rd. intersection. Comprehensive Plan FLUM Designation: LDR on the eastern 41-acre portion & MDR on the western 80-acre portion of the site. Summary of Request: The Applicant requests annexation of 123.28 acres of land with R-2 (11.91 acres), R-4 (89.55 acres) and R-8 (21.82 acres) zoning districts as shown on the zoning exhibit for the development of 263 building lots. One of the (5) existing homes is proposed to remain on a lot in the subdivision at the NEC of the site; the other existing homes will be removed prior to development of the phase in which they are located. The low density (R-2) & medium low-density (R-4) zoning is proposed around the perimeter of the development as a transition to rural residential properties in the County and the medium-density (R-8) zoning is proposed internal to the development. An overall gross density of 2.62 units/acre is proposed for the subdivision. The LDR FLUM designation allows residential development of 3 or fewer units/acre, while the MDR designation allows 3 to 8 units/acre. As-is, the gross density of the LDR area is 2.81 units/acre, which is consistent with the desired density; the density of the MDR area is 2.27 units/acre with the conceptual lots in the holding area, which is slightly below the desired density. The Comp Plan allows for adjacent abutting FLUM designations, when appropriate & approved as part of a public hearing with a land development application, to be used with some caveats. The Applicant proposes to use the abutting LDR designation to the west & the LDR designation on the eastern portion of this site toward a portion of the MDR designated area on this property as shown on the exhibit. With the proposed application of the LDR designation, the gross density of the LDR designated area, including the holding area, is 2.4 units/acre; and the gross density of the remaining MDR designated area is 2.64 units/acre, which rounds up to 3, and is consistent with the desired density range for both designations. Staff is supportive of the Applicant’s proposal for decreased density in the areas proposed as it allows for larger ½ acre lots along the west boundary of the subdivision adjacent to large rural/agricultural lots in Stetson Estates subdivision for a good transition in density as desired in the Comp Plan. The proposed revised preliminary plat consists of 263 building lots, 32 common lots and one (1) other lot, which is a holding area for future re-subdivision. Two (2) collector streets are proposed in accord with the Master Street Map – (1) north/south street from Victory & (2) east/west street from Linder Rd. Average lot sizes are as follows: 0.5-acre in the R-2 zone, 0.25-acre in the R-4 zone and 0.17- acre in the R-8 zone. st The subdivision is proposed to develop in (4) phases as shown on the revise phasing plan. The 1 phase, located on the NE portion of the site, includes the northern portion of the north/south collector street and access via W. Victory Rd. & a local street access via S. Linder Rd. This phase is proposed to include all of the street buffer improvements, including sidewalk, along Victory & Linder Roads. nd The 2 phase is located on the NW portion of the site & includes the southern portion of the collector street. The third phase is located th along the southern portion of the site & includes the east/west collector street access via Linder Rd. The 4 phase is the Kelly property and is located along the east side of the development between phases 1 & 3 and fronts on Linder Rd. The holding area, located at the SWC of the site, is not currently serviceable by City sewer & won’t be for quite some time until the temporary lift station on Ten Mile & the 15” trunk line to the lift station is constructed. At Staff’s request, a concept plan was submitted for that area showing how future development will integrate with this development; a total of 40 building lots are shown in that area with the extension of local and collector streets. This area won’t develop until services are available to serve the site. City Council should determine if it’s in the best interest of the City to annex this property before services are available to serve the entire site. The existing (Jackson) home that is proposed to remain is required to connect to City water & sewer service, take access internally from within the subdivision & change their address. The property owner at 3801 S. Linder Rd. (Colleen Kelly) requests Council approval to remain on well & septic until her property re-develops with Phase 4, as utilities will not be accessible until at a minimum, Phase 3. Retention of her existing access via Linder Rd. is also requested until such time as the property re-develops. She is amenable to installation of the Linder Rd. street frontage/buffer improvements (except for the area where her driveway is located), including sidewalk, being installed on her property in the interim. There are (5) existing driveways via Linder Rd. & (4) via Victory Rd. that will be closed with development of the proposed subdivision. A new north/south collector street (S. Farmyard Ave.) is proposed via W. Victory Rd., which will extend to the southern boundary of the site with development of the holding area – the ROW for this street should extend to the east property line on the northern portion of the site as required by ACHD for future access to the collector street for the Coleman property. A new east/west collector street (E. Holstein Dr.) is proposed via S. Linder Rd. along the southern boundary of the site, which will extend to the west boundary of the site with development of the holding area. Another local street access (E. Pivot Dr.) is proposed via S. Linder Rd. to the north of the collector street. Internal local public streets are proposed for access within the development. The development is required to comply with the subdivision design & improvement standards in the UDC. There are (4) block faces that exceed the maximum block face standard – the Applicant requests a Council waiver to the standards to allow the block faces as proposed. The justification for such is included in the staff report and will be addressed by the Applicant. The Council should consider requiring traffic calming measures and/or additional pedestrian connections as provisions for such waivers. A 25’ wide street buffer is required along Victory & Linder roads and a 20’ wide buffer is required along internal collector streets, landscaped in accord with UDC standards. Staff recommends 10’ wide detached sidewalks are provided along all collector & arterial streets within and abutting the site for public safety. The Pathways Master Plan depicts a 10’ pathway along the internal collector streets and along the north side of the Calkins Lateral. Based on the area of each zone (excluding the holding area), a minimum of 12.59-acres of qualified open space is required to be provided within the development. The revised open space exhibit submitted by the Applicant depicts 13.36-acres, which is 0.77-acre above the required amount. Qualified open space areas consist of open grassy areas of at least 5,000 s.f. in area, the linear open space along the Calkins Lateral easement that includes a 10’ wide multi-use pathway and associated landscaping, linear open space, enhanced landscape buffers along collector & arterial streets, a community garden and 8’ wide parkways along local residential streets. An abundance of site amenities are proposed, exceeding UDC standards by more than double. Based on the development area (excluding the holding area), a minimum of 20 site amenity points are required to be provided, some from each category. A total of 42 points are proposed, which consist of a clubhouse, commercial outdoor kitchen, outdoor fire ring, public art, (2) picnic areas and a fitness course from the Quality of Life category; a swimming pool & spa, tot lot and (2) sports courts (i.e. pickleball) from the Recreation Activity Area category; 1.25+/- miles of multi-use pathways from the Pedestrian & Bicycle Circulation category; and a bicycle repair station from the Multi-modal category. The holding area will be required to comply with the minimum UDC standards for common open space & site amenities with re-subdivision. Staff recommends as a DA provision that the use of common open space & site amenities is shared throughout the development area between the holding area and the development proposed with this application. The Williams NW gas pipeline crosses the NEC of this site on the Jackson property within a 75’ wide easement. The Calkins Lateral crosses the SW portion of this site within a 60’ wide federal easement (30’ each side of the centerline). The Boise Project Board of Control has agreed to a lesser width of 40’ if the lateral is piped as proposed but will not allow any improvements or landscaping within their easement other than gravel; therefore, a 20’ wide area is proposed within the common area outside of the easement for a 10’ wide pathway with 5’ landscape strips on either side. The Givens Lateral is piped and runs off-site along the west boundary of the site; a 7’ wide easement exists on this site, which is proposed to run along the rear of abutting building lots. The Board will not allow the easement to be located on building lots; therefore, the plat will need to be revised to include this area in a common lot – Staff recommends a 20’ common lot is provided – the Applicant requests only a 7’ wide common lot to accommodate the easement. Conceptual building elevations were submitted for the proposed 1- & 2-story SFR detached dwellings and two (2) different barn-style concept elevations were submitted for the clubhouse as shown. The architectural style of the homes will be a mix of contemporary forms and modern farmhouse styles. Building materials range from stone to stucco, and board-and-batten siding with natural colors. Home sizes are planned to be 2,200 s.f. or larger, similar to homes in the surrounding developments. Because homes on lots that face collector streets (S. Farmyard Ave. & E. Holstein Dr.) & arterial streets (W. Victory Rd. & S. Linder Rd.) will be highly visible, Staff recommends the rear and/or sides of 2-story homes on these lots 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. Commission Recommendation: Approval Summary of Commission Public Hearing:  In favor: Hethe Clark, Clark Wardle (Applicant’s Representative)  In opposition: None  Commenting: Paula Connelly and Darcie Dillie  Written testimony: None  Key Issue(s): Concern pertaining to smaller lots and higher density developing in the future on the holding area lot. Key Issue(s) of Discussion by Commission:  Desire for the Applicant to leave the Calkins Lateral open as linear open space and for wildlife; another Commissioner felt it was better to pipe the lateral to reduce evaportation of irrigation water and for efficiency.  Preference for Phase 4 to be included in Phase 3;  Appreciation of the transition in density proposed from large rural parcels;  In favor of the proposed amenities and farm-style theme proposed for the development. Commission Change(s) to Staff Recommendation:  Modification to DA provision #A.1f to clarify that the holding area on Lot 11, Block 7 shall only be developed when municipal services are available to the site as requested by the Applicant. Outstanding Issue(s) for City Council:  The Applicant requests City Council approval of a waiver to the maximum block face standards in UDC 11-6C-3F for four (4) block faces as noted in the staff report. Council may require traffic calming measures and/or additional pedestrian connections as provisions for a waiver. Written Testimony since Commission Hearing: \[name(s)\] - \[issue(s)\] Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2023-0055, as presented in the staff report for the hearing date of May 7, 2024: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2023-0055, as presented during the hearing on May 7, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0055 to the hearing date of __________ for the following reason(s): (You should state specific reason(s) for continuance.) h2 City Council MeetingMay 7, 2024 Slide 1 h2 Agenda Item Numbers/Order: hoodc, 12/19/2006 ZoningAerialFLUM from the rear of the buildings in favor of more parking.Additionally, the Applicant shall remove the loading docks more traditional office design to complement the plaza area. elevations for Building #1 and Building #2 incorporating a Prior to the Council hearing, the Applicant shall provide included in Section VII and the provisions contained herein. plat, phasing plan, and conceptual building elevations consistent with the site plan, landscape plan, preliminary Development of the subject property shall be generally ZoningAerialFLUM R15-R8- Revised Plat (2 fewer lots) Phasing Plan Open Space Exhibit SmithProject Site Road LLCRoeland Eagle The Keep ZoningAerialFLUM Existing:building footprint of 32,500 square feet.Increase building square footage to 135,000 square feet with a •Add storage facility as a use•Newthe project that shall not exceed 32,500 square feetG portion of -Maximum square footage of one single building in the C•Only allows uses such as retail, restaurant and office• Square FootageHeight Development Name Address Height Development Name Address Square Feet Cityside Storage 2775 N. Eagle Rd 54.5’ Cityside Storage 2775 N. Eagle Rd 126,084 Discount Tire 2821 N. Eagle Rd 26’ Discount Tire 2821 N. Eagle Rd 6,947 Mason Retail Bldg 2847 N. Eagle Rd 30.2’ Mason Retail Bldg 2847 N. Eagle Rd 5,904 Mason Creek Retail Bldg 2959 N. Eagle Rd 25.46’ Mason Creek Retail Bldg 2959 N. Eagle Rd 7,682 Duplexes Bienville Square No. 2 & 3 – R-15 24.6’ Duplexes Bienville Square No. 2 & 3 – R-15 SFRs Bienville Square subdivision - R-8 35’ SFRs Bienville Square subdivision - R-8 preserving the overall aesthetics and functionality of the neighborhood.neighborhood or area. Maintaining compatibility with existing structures is crucial for The proposed development may alter the character of the Character of the Area: functionality.neighboring structures, impacting their natural lighting and potentially their The height of the proposed building might cast shadows over Overshadowing: with the existing aesthetic.harmony of the surrounding area. It could potentially create an eyesore or clash The disproportionate height of the building may disrupt the visual Visual Impact: of the area.such as visual impact, overshadowing neighboring structures, or altering the character building in the immediate area significantly. This excessive height can lead to issues The proposed building is set to exceed the height of the tallest Excessive Height: o land.” (3.07.00)to minimize conflicts and maximize use of site design“Encourage compatible uses and Staff recommends .five (35) feet in height-shall not exceed thirtyservice storage facility, office, and retail -The future use of this site is limited to the self•outlined in the Staff Report. Agreement and Conditional Use Permit subject to the conditions and the Findings of the proposed modification to the Development approval ZoningAerialFLUM FLUM w IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing Continued from March 26, 2024 for Farmstone Crossing Subdivision (H-2023-0045) by Bailey Engineering, located at 820 S. Black Cat Rd. Application Materials: https://bit.ly/H-2023-0045 A. Request: Annexation of 33.893 acres of land from RUT to the M-E (Mixed Employment) zoning district. B. Request: Preliminary Plat consisting of 6 buildable lots on 27.59 acres of land in the proposed M-E (Mixed Employment) zoning district. PUBLIC HEARING SIGN IN SHEET DATE : May 7 , 2024 ITEM # ON AGENDA : 20 PROJECT NAME : Cont . Farmstone Crossing ( H - 2023 - 0045 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) if yes, please provide HOA name 2 3 4 5 6 7 i 8 9 10 11 12 13 14 STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING M -&26,2024 Continued to Legend y DATE: May 7,2024 Project Location TO: Mayor&City Council FROM: Stacy Hersh,Associate Planner 208-884-5533 - SUBJECT: Farmstone Crossing Subdivision AZ, ---------� --�' PP H-2023-0045 • P LOCATION: 820 S. Black Cat Road in the Northwest - - '/4 of the Southwest '/4 of Section 15, T.3N. R.1 W. I. PROJECT DESCRIPTION The Applicant has submitted an application for the following: • Annexation of 33.89 acres of land from RUT to the M-E(Mixed Employment)zoning district. • Preliminary Plat consisting of 6 building lots and 1 common lot on 27.47-acres of land in the M-E zoning district for Farmstone Crossing Subdivision. NOTE: This project has undergone multiple continuances to allow more time for the plans to be modified. The staff report and conditions of approval have been updated accordingly to reflect the most recent changes. II. SUMMARY OF REPORT a. Project Summary Description Details Page Acreage 33.89 acres overall Existing/Proposed Zoning RUT in Ada County;M-E(Mixed Employment) Future Land Use Designation Mixed Employment(ME) Existing Land Use(s) Vacant/agricultural land Proposed Land Use(s) light industrial,commercial/office,research and development,and other uses. Lots(#and type;bldg./common) 5 buildable lots and 1 common lot Phasing Plan(#of phases) 2 phases(plat) Number of Residential Units(type NA of units) Pagel Description Details Page Physical Features(waterways, hazards,flood plain,hillside) Neighborhood meeting date;#of 7/06/2023 attendees: History(previous approvals) None b. Community Metrics Description Details P . Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action No. A Traffic Impact Study(TIS)was submitted. es/no Access Access is proposed from the new collector road(Vanguard Way) (Arterial/Collectors/State that connects to Black Cat Road(arterial road).Vanguard Way Hwy/Local)(Existing and will be constructed prior to development commencing on the Proposed) property. Traffic Level of Service Condition Area Roadways Traffic Countt is based on Vehicles per hour(vph) Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service Franklin Road None Principal Arterial 565 Better than"E" Black Cat Road 396-feet Minor Arterial 544 Better than°E' 'Acceptable level of service fora five-lane principal arterial is"E"(1,780 vph). 'Acceptable level of service for a two-lane minor arterial is"E"(575 vph). Stub Cross access with BVA's development to the east Street/Interconnectivity/Cross Access Existing Road Network Black Cat Road&Franklin Road Existing Arterial Sidewalks/ None Buffers Proposed Road Improvements Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP): • Franklin Road is scheduled in the IFYWP to be widened to 5-lanes from McDermott Road to Black Cat Road with the design year in 2026 and the construction date has not been determined. • The intersection of Franklin Road and McDermott Road is scheduled in the IFYWP to be reconstructed as a single-lane expandable roundabout. There is no design year or construction year,and this project requires coordination with the Nampa Highway District. • Black Cat Road is listed in the CIP to be widened to 5-lanes from Franklin Road to Overland Road between 2036 and 2040. Funding for ITD's portion is not included with this project. Fire Service • Distance to Fire 2 miles Station _ • Fire Response Time This project currently falls on an area where we don't have a total response times that meet NFPA 1710 standards or current City of Meridian adopted standards. The first due station is Fire Station 2. This fire station is approximately 3.5 miles from the project. • Resource Reliability 82%-does meet the target goal of 80%or greater • Risk Identification 3—current resources would not be adequate to supply service to this project. Risk factors include fire fighting in large commercial warehouses. This entails a great risk for the occupants as well ad firs responders. • Accessibility Project meets all required access,road widths and turnaround. • Special/resource In the event of a hazmat event,there will need to be mutual aid needs required for the development. In the event of a structure fire an Page 2 Description Details P . additional truck company will be required,This will require additional time delays as a second truck company may not be available in the City. • Water Supply Water supply for this proposed development required 4750 gallons per minute for two hours. • Other Resources Wastewater 00— • Distance to Sewer Services • Sewer Shed • Estimated Project Sewer ERU's • WRRF Declining Balance • Project Consistent with WW Master Plan/Facility Plan • Impacts/concerns • Flow is committed • See Public Works Site Specific Conditions in Section VILB Water • Distance to Water Water available on-site Services • Pressure Zone 2 • Estimated Project See application Water ERU's • Water Quality None Concerns • Project Consistent Yes with Water Master Plan • Impacts/Concerns • If a well is located on the site it must be abandoned per regulatory requirements and proof of abandonment must be provided to the City. • Each phase of the development will need to be modeled to verify minimum fire flow pressure is maintained. • 12"water main in Vanguard needs to be on the north side of the road,currently shown in the center of the road. • See Public Works Site Specific Conditions in Section VIILB Page 3 FRANKL-IN - ' - ' ' FRANKL-IN ��mno:J .... l_AJI.IU LVAUM i r Q ■ a Y . U • D - � v v �j�•n � ®s�•� Qp �'ra I ��" �/�'�� iii■iii ii�� ,�-.�„ � f �:.--OVERLAND -��� ONfRL-AND ,,y E' 111, 1111� �. 84,$ % 84 �� !!J . . ,��1Q,I,,.�im I��IIf, �� \■�f� \�/��� , ���`1�I���,.A�,I'�II�, ���j�\■��� \�►��I �C���*f'��� I��11��, �i��� �C���T�'��ir'ni �i■i iii �I � O ERL-AND, =■�, ��� O�/�AN,D� -� �� . i. • 1 C. Representative: Shawn Brownlee,Trilogy Development —9839 W. Cable Car Street, Suite 101, Boise,ID 83709 III.NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 10/17/2023 3/10/2024 newspaper Notification mailed to property owners within 500 feet 10/14/2023 3/1/2024 Applicant posted public hearing 10/20/2023 3/12/2024 notice on site Nextdoor posting 10/16/2023 3/l/2024 IV. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan and Ten Mile Interchange Specif1 Area Plan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates the 20.5+/-acres as Mixed Employment(ME). ME: The purpose of ME designated areas is to encourage a diversity of compatible land uses that may include a mixture of office,research and specialized employment areas,light industrial including manufacturing and assembly, and other miscellaneous uses. These areas generally do not include retail and consumer service uses serving the wider community.However, a small amount of retail and service establishments,primarily serving employees and users of the ME areas or nearby industrial areas,are allowed.ME areas should provide a variety of flexible sites for small,local or start-up businesses, as well as sites for large national or regional enterprises.ME areas should be designed to encourage multimodal travel and convenient circulation to supporting uses located within the area. This ME-designated area is intended to develop with a mix of uses,across six(6) structures totaling 378,360 s.f.,which may include office, light industrial,along with research and development and/or distribution and light manufacturing. Buildings will range in size from 21,280 up to 185,760 square feet. The project is adjacent to Mixed Employment designated land on the east, light industrial to the west, I-84 to the south, and RUT to the north proposed to be annexed as medium-high density residential. This site will have access to a collector street as desired. The proposed M-E zoning encompasses the entire 27.466 acres that is currently designated ME on the FLUM -See Pg. 3-11 in the TMISAP for more information on the ME designation (see cut sheet below). Page 5 Page I ME1 MIXED EMPLOYMENT (ME) _ TEH MILE SSE nac PLAN LAND USE MAP DESIGNATIONS Map Cater 17 28mind C4--J C-G ITN-C J M-E sample use(s) D Office,research&development,information&light ndustriA daycare,and ancillary comwnierrce retail ,5,,,eral D Recommended FAR 075 or more Scandards :1 Ileight2lSWHesmaxinum 7 Design Review required;see Architectural Standards Manual 7 Comply with Pathways Master Plan Design :1 'fate Proposed development,including land uses and actinides,to adjacent and surounding uses and pubic C tiara CSerisLits spaces as appropriate tm maintain compatibility and establish the cmntnuity of the planned urban form and cha ratter. 7 Coordinate routes,placement of facities,and infrastructure improvements with the appropriate transportation authorides and any adopted or accepted long-range prans. 7 Locate buildings in establish an appropriate development character that enhances the compatibility and atlracWeness Gf the site,buildings,and surrounding uses. 7 Design surface parking as an integrated and attrac iv element of the built eminn ent that promotes Pedestrian comfort and safety and adds tm the aesthetic character of developments,in addition to accommodating vehicular uses. 7 Use parking srra y that includes one ora combination of the following souctured parking,onstreet Parking,inegreted small parking areas,anal or shared parking as an ahematiue to general surface pariutg. 7 Building design should enhance public and urban spaces,articulate an urban form,and provide human and pedestrian scale. Site lPwMrn - IIII. A Id- liia-Thu nfmmaiin is a w-1 mf At Tea l0e licinlamle Sped Jim Ili aid City mf Ileridim fnopmL-sin%an Hwr me drmi di—in iv rnmplem iniumadni. T s queWn?Cart-t the PUnning 6ukrn at 33 E Eodtl 7 PA'4 Sum SQ Hlkll•M R%42 u MAAUSU Page 6 MIXED EMPLOYMENT (ME) PAyi,l M1.2 TEN MILE SPECIFIC PLAN LAND USE MAP DESIGNATIONS Heights Yertiwl Farm L.,body,8 T,, Firmtage —11—i—diist— Wilding height AdditeDinall Cut Sheet References Page 9 Facades 8 Heights WC.2 Bass llidy.&Tp BFC.3 'z' 111-9,-FIM-pHtchtd UCA P Signis&Public Art SGN.1 Mud Employment utis should be designed es Inner dimrshr suburhari-style dm5opunnis.Design ind aevehap-mene standards art recommended rhm wuI6 help io make rl wbpnnenu MaTF 111Y31M,engagging and MR151133e places(Ten Mile In terhanb_Specrlic Area Plan. Quctraem CttYO.t tle Punning Dvtion at 33 E Er-d y k5-5uft 10Z Hertflnn m83bii a Na.8B1.M3 Transportation: The Transportation System Map in the TMISA-P depicts a collector street through this site that connects to S.Black Cat Rd. an adjacent arterial street. The collector street network depicted on the proposed development plan is generally consistent with the Transportation System Map(see pg. 3-18 in the TMISAP). The Street Section Map depicts Vanguard(major collector) as being appropriate to provide access from adjacent arterial streets (i.e. Black Cat,Franklin&Ten Mile Roads)into the employment area. Streetlights should be located in the tree lawn area and should be of a pedestrian scale. Page 7 ti e lace Street Section C Cedrlo-whdhranu The collector street(i.e.Vanguard Way)in the commercial mixed-use area of the development should be constructed in accord with this street section with the following exceptions as required by ACHD: (3)travel lanes instead of(2); and 10-foot wide detached sidewalks/pathways instead of 6-foot wide detached sidewalks in lieu of on-street bike lanes. Design: The TMISAP emphasizes the quality of the built environment and includes recommendations on the location, scale, form,height and design quality of public and private buildings in the form of building placement, orientation, and massing;types and design treatments for building frontages; as well as recommendations for the incorporation of art in public and private projects. The design elements in the Plan are intended to serve as the basic framework for any given project within the Ten Mile Area. The primary components that the design elements address include: architecture and cultural heritage; building placement whereby build-to lines are identified; heights and step backs;the definition of a base,body and top; and frontage types. The proposed development should be designed in the accord with the TMISAP(see pgs.3-31 thru 3-51). See the Application of the Design Elements table on pg.3-49 to determine specific design element requirements according to the associated FLUM designation.Future development applications should include the applicable design elements. Comprehensive Plan Policies: The following Comprehensive Plan Policies are applicable to this development: • "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. • Focus on developing industries that exceed the living wage, such as technology,healthcare and other similar industries. (2.06.01E) The TMISAP designates the subject property for mixed employment. These areas are intended to capture full economic advantage of the Ten Mile interchange to enhance the long-term fiscal health of the City of Meridian and the Treasure Valley. The proposed annexation and zoning of this area to M-E will result in the creation of primary jobs as anticipated by the Plan. • "With new subdivision plats,require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities."(2.02.01A) Multi-use pathway segments are proposed within this development for interconnectivity between the commercial and employment portions of the development and neighboring Page 8 developments within the area. • "Encourage the development of supportive commercial near employment areas."(3.06.02C) The proposed commercial,flex space, light industrial with manufacturing, and office should provide supportive uses for the proposed employment area. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and through this development in accord with current City plans. • Evaluate development proposals based on consistency with the vision as well as physical, social,economic, environmental, and aesthetic criteria. (3.01.011)) The TMISAP vision for this area is an employment-generating center that buffers the community from I-84 and the future extension of Highway 16, and serves the employment areas with easy access to markets, high-speed transportation facilities, and employees across the Treasure Valley. The TMISAP incorporates specific design standards for this area to create a sense ofplace and a unique identity. In line with this vision, the proposed annexation and zoning to M-E are intended to accommodate a mix of uses which is consistent with the overall vision and the design principles for this area. • "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 to this site and can be extended by the developer with development in accord with UDC 11-3A-21. The emergency response times for Police Dept. and Fire Dept. meet the established goals. • "Require appropriate landscaping,buffers,and noise mitigation with new development along transportation corridors (setback,vegetation, low walls,berms, etc.)."(3.07.01C) A 50 foot wide landscaped street buffer is required to be provided along the southern boundary of the site adjacent to I-84. • "Encourage the integration of public art as an integrated component with new development." (5.03.01B) The Applicant is proposing the installation of a historical monument for the existing silos located in the plaza near the site's entrance. The proposal involves utilizing materials from the Silo in the construction of the monument. Additionally, the Applicant plans to accompany the monument with a plaque featuring pictures of the original silo along with historical details for the public. This initiative aligns with the goals of preservation and seamlessly integrates public art into the site. • "Coordinate with the Meridian Historic Preservation Commission to recommend use, restoration, and preservation of historical structures and sites throughout Meridian." (5.02.02A) • "Stimulate private and public investment in the restoration and preservation of historic buildings, outdoor spaces, and natural historical features."(5.02.02D) Page 9 • "Support the efforts of the Historic Preservation Commission to foster preservation and conservation."(5.02.02E) • "Develop policies to preserve and protect or document and memorialize historic and culturally significant structures and sites."(5.02.02j) Encompassing the aforementioned policies, there are currently multiple historic buildings situated on this site. The Applicant intends to proceed with one of the following options, aiming to install a historical monument for the existing silos located in the plaza area near the site's entrance. Option (1): involves careful disassembling and storage of the structure, with the intention to find an interested agency that may preserve the silo on another site. An agency would need to be identified before disassembly and prior to the commencement of the road. Alternatively, if no interested agency is identified prior to the commencement of the road construction, Option (2): entails utilizing some materials from the silo in the construction of the monument in the plaza (Lot 3, Block 1). • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are proposed as required with this development. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan for this area per the analysis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Annexation and Zoning(AZ): Annexation is requested of 33.89-acres from RUT to the M-E zoning district as shown on the Annexation description and Exhibit in Section VII.B. A conceptual development plan and elevations are included in Section VII.D that show how the site is anticipated to develop. The development abuts Mixed Employment designated land to the east and borders I-84 to the south. This development is proposed to have access to a collector street as desired. Medium- high-density residential uses are proposed to the north and light industrial to the west. Allowed uses in the M-E district consist of offices,medical centers,research and development facilities, and light industrial uses with ancillary support services. This area is intended to develop with approximately 378, 360 s.£, encompassing various potential uses like office, light industrial operations,and research and development components such as distribution and light manufacturing. 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 VIII.A. Proposed Use Analysis: A variety of uses are proposed including office, commercial, flex space, light industrial,research and development, and other uses; see UDC Table 11-2B-2 for allowed uses in the applicable zoning districts. Compliance with the dimensional standards listed in UDC Table 11-2B-3 is required, as applicable. The inclusion of loading docks on the elevations for the proposed flex buildings implies that all of the intended uses are primarily related to distribution/warehousing,which requires a Conditional Use Permit(CUP)in the M-E zoning district. Page 10 The proposed zoning and uses are generally consistent with the associated FLUM designations as discussed above in Section IV. B. Preliminary Plat(PP): The proposed preliminary plat consists of 6 building lots and 1 common lot on 27.59-acres of land in the M-E zoning districts for Farmstone Crossing Subdivision. The subdivision is proposed to develop in two(2)phases as shown on the phasing plan in Section VII.C. Staff recommends that the collector street(Vanguard Way)be constructed prior to development commencing on the property. Additionally,the first phase of development should encompass the construction of both the 10' detached sidewalks along S.Black Cat Road and Vanguard Way including the entire street buffers. The second phase of development should encompass the completion of the remaining 10-foot pathway along the I-84 Interstate. Existing Structures/Site Improvements: According to GIS imagery,there is an existing home and other historic outbuildings adjacent to Black Cat Road that will be removed upon development of the Farmstone Crossing Subdivision. Staff recommends that the Applicant preserve some elements of the historic buildings.As mentioned above, the Applicant presented their proposed plan for the existing silos to the Historic Preservation Commission on January 25, 2024 with the following: Option (1): involves careful disassembling and storage of the structure, with the intention to find an interested agency that may preserve the silo on another site. An agency would need to be identified before disassembly and prior to the commencement of the road. Alternatively, if no interested agency is identified prior to the commencement of the road construction, option (2): entails utilizing some materials from the silo in the construction of the monument(refer to Applicants narrative below). The meeting concluded with the Historic Preservation Commission expressing a preference for recommending to the Planning and Zoning Commission that both existing silos be disassembled and reassembled at a yet-to-be-determined future location. It was emphasized that the specifics of the relocation be clarified prior to disassembly, and the new site would need to be determined within a reasonable period of time. As an alternative proposal, the Commission advocates for the creation of a scale replica of the facilities on the current site. The Historic Preservation Commission wishes to review the details of the proposed monument with the initial Certificate of Zoning Compliance submittal for the site. Additionally, the Historic Preservation Commission wishes to retain the ability to provide comments on the final proposed monument presented by the Applicant. As part of the proposed first phase of development,all existing structures that do not conform to the district's setbacks must be removed,except for those agreed upon for historic preservation.No other site improvements are known. Page 11 e-ACAlley Engirleering,lnc. CIVILEN51NEERINQPLANNIPN i, -AOD Thrppghopt the cot]rse of designing this project,we have worked with numerous agencies and explored options For preserving the Silo.Here are the Findings: ■ The silo is located in the an idd It of a r quircd ACHD right-of-way, thcrcforz it cannot stay in its' currcnt location. We reached out to ACHD to sec if the road could be shifted,due to the existing construction of the road on the west-the road cannot be moved(see A CFID commew). • A structural analysis was complete, and the structure is not safe(see Structural fewer), • The silo was evaluated by a moving company-they determined that it cannot be mowed without the structure fall ing apart. ✓ aW o+< orrr pnwsa!is to proceed with one of the following options and build a monument on site: l. Disassemble and stare the structure for an agency that may be interested in preserving the silo on another site. An;agency would need to be identified prior to disassembly and prior to construction of the road_ 2. In the event an interested agency cannot be found prior to construction of the road,we will use some of the materials from the Silo in the construction of the monument. The monumcnt will be placed in the Plaza of this development.In addition,we will instal I a plaque:to accompany the monument which wi 11 include pictures of the original Silo along with historical details for the public. We bclicvc this is an ideal way to memorialize the history of the Double C'rrain Silos and provide the community with a beautiful monumcnt6 We have rnct with the Historic Preservation Commission as a part of their monthly meeting and the commission is an agreement with the proposal.The commissiorn rcclurstcd to review the renderings of the monuunent once those have been prepared-the developer has agreed to do so_ rom.a The prel iminary plat has been thoughtfully designed to be consistent with the U DC. TMISAP and Pathways Master Plan_This new light industrial and office flex space development will provide employment opportunities for the area_Additionally,the plan has also been adapted to add a sma[let user providing greater synergy with the planned residential densities. l l 19 F_State StrccL�Stu.2t0 Faglc,Idaho 83616 208-93"13 Page 12 Dimensional Standards: Development of the proposed lots is required to comply with the dimensional standards of the M-E zoning district in UDC Table 11-2B-3, as applicable. The proposed preliminary plat appears to comply with the dimensional standards of the district. Subdivision Design and Improvement Standards (UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. The proposed subdivision appears to comply with these standards. Access(UDC 11-3A-31 Access is proposed to be provided from the northern boundary of the site from the extension of Vanguard Way to Black Cat Road to the west.Vanguard Way is designed as a collector street in accordance with the Master Street Map and the Transportation System Map in the TMISAP. A driveway is proposed to the adjacent property to the east for future extension. Prior to Certificate of Occupancy,the applicant shall record a cross-access/ingress-egress easement to adjoining property to the east [S1215427850] and submit copy of said easement to the Planning Division in accordance with the provisions of UDC 11-3A-3A2. Direct access via S.Black Cat Road is prohibited. Streets: Vanguard Way should be constructed in accordance with Street Section C (major collector street) in the TMISAP,which requires (2) 11-foot travel lanes, 6-foot bike lanes, 8-foot parkways with streetlights at a pedestrian scale, and minimum 6-foot wide detached sidewalks (see pg. 3-20, 3- 22, 3-23). The Applicant proposes a modification of the street section to include 10-foot wide detached sidewalks/pathways in lieu of on-street bike lanes,which is required by ACHD and as set forth in the Meridian Master Pathways Plan. All streets should be constructed as complete streets as defined in the TMISAP (see pg.3-19 &3-20). Prior to submitting the final plat,the Applicant shall coordinate with the property owner to the north and east to construct Vanguard Way and deed the right-of-way to ACHD. The Applicant should ensure that the intersection of Vanguard Way and S.Black Road aligns with the entrance of the Black Cat Industrial projects on the west side of S. Black Cat Road. The Applicant is proposing two curb cuts off of Vanguard Way, a planned collector street in the TMISAP. In accordance with UDC 11-3A-3 (Access to streets),multiple accesses off an arterial and/or collector roadway shall be restricted The Applicant has chosen to eliminate the curb cut aligned with the proposed subdivision to the north and has instead opted for the one closest to the intersection of Black Cat Road. Typically,Staff recommends that curb cuts align directly across roadways; however, Staff supports the offset change,given that the entrance effectively highlights the features of the proposed plaza,provided it adheres to ACHD's requirements. Additionally,the Applicant has proposed establishing a shared access on the east side of this site in collaboration with the property owner to the east, intended for future shared access. Pathways(UDC 11-3A-8): Ten(10) foot-wide multi-use pathways are proposed on the site in accordance with the Pathways Master Plan. One segment follows Vanguard Way across the northern portion of this site; one segment runs along the southern boundary within the street buffer along 1-84; and another segment runs along the west side of the site adjacent to S. Black Cat Road to the plaza on the north. The proposed pathway is intended to cross the drive aisle between Buildings 1 &2 Page 13 (refer to figure below). Staff recommends removing the loading docks from the rear of Buildings 1 & 2 to mitigate potential conflicts between pedestrians using the pathway and delivery trucks accessing that area. A 14-foot wide public use easement for all multi-use pathways shall be submitted to the Planning Division prior to submittal for City Engineer's signature on the final plat(s). f x•x H'°IN' v,�T roe nx !a3I Ilil «<a snEE,�EmM [� II'I I 1y{A6� IL I ,1 Li =, PLAN SHEET INDE% IL I _. n IT I I � Ill _ - - IT I ..... _ - .._ =L ¢ a W s o Landscaping is required along all pathways per the standards in UDC 11-3B-12C. The landscape plan appears to comply with this standard. Sidewalks&Pedestrian Walkways(UDC 11-3A-17& UDC 11-3A-19.B.4): The UDC requires minimum 5-foot wide sidewalks to be provided adjacent to all streets with detached sidewalks along collector streets and attached or detached sidewalks along local streets. However,the guidelines in the TMISAP for the collector street sections(i.e.C) depict 6-foot wide sidewalks,which should be provided within the development at a minimum. The applicant is proposing to construct 10-foot wide sidewalks adjacent to the applicable roadways based on the design approved with the Vanguard Village project to the east. A continuous internal pedestrian walkway that is a minimum of five (5) feet in width shall be provided from the perimeter sidewalk to the main building entrance(s) for nonresidential uses. The walkway width shall be maintained clear of any obstructions, such as vehicles, outdoor sale displays,vending machines, or temporary structures in accordance with UDC 11-3A-19. The Applicant has provided a pedestrian circulation plan in Section VILE. The internal pedestrian walkways shall be distinguished from the vehicular driving surfaces through the use ofpavers, colored or scored concrete, or bricks;striping is not an approved material, The plans appears to comply with this standard. Sidewalks,walkways, and pathways should include a dedicated crosswalk at the intersection of S.Black Cat Road with changes in color,markings,materials,texture and/or Page 14 surface to distinguish them from the surrounding pavement as set forth in the TMISAP(see pg.3-28,Crosswalks). Landscaping(UDC 11-3B1: Street buffers are required to be provided as set forth in UDC Table 11-2A-7.A minimum 25-foot wide street buffer is required along all arterial streets(i.e. S. Black Cat Road)in commercial districts.A 20-foot wide street buffer is required along all collector streets (i.e.Vanguard Way)— the buffer may be placed in an easement rather than a common lot in accord with UDC 11-3B- 7C.2a. A minimum 50-foot wide street buffer is required along I-84, landscaped per the standards listed in UDC 11-3B-7C.3,which requires a variety of trees, shrubs,lawn or other vegetative groundcover(see updated code for specifics & figures below). The proposed buffer dimensions appear to meet the requirements of the UDC code; however,there is a lack of a combination of planters(shrubs and rock mulch)within the buffer along Vanguard Way. The Applicant has provided fifty-two(52)trees and only thirty-four(34) are required along Vanguard Way. Staff recommends that the Applicant enhance the street buffer by reducing the number of trees and incorporating additional planters. The landscape buffer along Black Cat Road adjacent to the open drainage swale,lacks vegetation in front of the 10-foot pathway,not meeting the requirements of the UDC. The Applicant proposes a plaza area between Building#1 and Building#2,featuring benches,a pergola,landscaping, and a potential historical monument of the existing silo on the site. The Applicant should revise the landscape plan to reflect landscaping within the required buffers along Vanguard Way and Black Cat Road adjacent to the drainage swale in front of the 10 foot pathway in accordance with the standards listed in UDC 11-3B-7, which requires a variety of trees,shrubs, lawn or other vegetative groundcover(see figures below). FIGURE 1 I ,o • x,s• Page 15 Landscaping is required within parkways per the standards listed in UDC 11-3A-17 and 11-3B- 7C. Class II trees shall be provided in parkways in accord with UDC 11-3A-17E. Landscaping is required along all pathways per the standards in UDC 11-3B-12C. The landscape plan appears to comply with this standard. Mitigation is required for all existing trees 4"caliper or greater that are removed from the site in accord with the standards in UDC 11-3B-1OC.5. Mitigation calculations are depicted on the landscape plan in accord with UDC standards(i.e. 149 trees at 2 caliper inches each for a total of 284 caliper inches). The location of mitigation trees shall be depicted on a revised landscape plan submitted with the final plat application. Parking lot: Provide a five-foot wide minimum landscape buffer adjacent to parking, loading, or other paved vehicular use areas, including driveways,vehicle sales areas,truck parking areas,bus parking areas, and vehicle storage areas, subject to the following exceptions: (1)This requirement may be reduced or waived at the determination of the Director where there is a shared driveway and/or recorded cross parking agreement and easement with an adjacent property. (2) S his requirement may be reduced or waived at the determination of the Director for truck maneuvering areas in industrial,mixed-employment and high-density employment districts To improve the integration of this property with the neighboring M-E zoned property to the east, Staff encourages the Applicant to consider removing the entire landscape buffer along the eastern side and coordinate the alignment of parking with the adjacent property owner. This would facilitate shared access to the east and improve integration with the eastern property. 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 is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Geotechnical Evaluation for the subdivision. Pressure Irrigation(UDC 11-3A-157: Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. Utilities(UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Waterways(UDC 11-3A-6): There are no waterways on this site. Fencing(UDC 11-3A-6 and 11-3A-7)• All fencing is required to comply with the standards listed in UDC 11-3A-7. The Applicant is proposing a 5-foot wrought iron fence along the west property line adjacent to the pathway and the ACHD drainage swale. The proposed fencing complies with the UDC code. Parking: Off-street vehicle parking is required for the proposed commercial subdivision as set forth in UDC Table 11-3C-6.B. Based on approximately 378,360 square feet of proposed floor space, a minimum of 757 off-street spaces are required; a total of 764 off-street parking spaces are proposed(7 additional parking spaces). Based on 764 parking spaces proposed, a minimum of 31 bicycle spaces are required to be provided; none are proposed. Bicycle parking facilities should comply with the standards in UDC 11-3C-5C. Bike racks should be provided as close as possible to each building entrance totaling 31 spaces or in a designated area within Page 16 the plaza. Staff is recommending the removal of the loading docks at the rear of Building #1 and Building#2,which will create additional parking. Staff recommends that Applicant submit revised plans incorporating the aforementioned changes with the CZC Application. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual(ASM� I TMISAP): Conceptual building elevations were submitted for the proposed flex buildings and light industrial building as shown in Section VII.F. Building materials consist of horizontal metal or Hardie plank siding in white,wood colors; stucco in dark and light gray colors;metal awnings; and gray wrapped cornice moulding. The proposed conceptual elevations are not approved. Final design must comply with the design standards in the Architectural Standards Manual(ASM) and the design guidelines in the TMISAP for the Commercial designation(see the matrix for Application of the Design Elements on pg.3-49).A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the site and building design prior to submittal of building permit applications. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and preliminary plat per the provisions noted in Section V111,per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on February 15,2024.At the public hearing,the Commission moved to recommend approval of the subject Annexation and Preliminary Plat requests. 1. Summary of Commission public hearing_ a. In favor: David Bailey,Bailey Engineering b. In opposition:None c. Commenting: Blaine Johnston, President of the Meridian Historic Preservation Commission 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 testimon: The Applicant's consideration and proposal for the monument sign is appreciated; however, it would be nice to see the historic silos preserved somehow. 3. Key issue(s)of discussion by Commission. a. Retaining the Historic Silos on another property(i.e.Northeast Corner of Ten Mile& Franklin or in the middle of a roundabout). b. Questions to the Historic Preservation Commission regarding funding to move the silos to another suitable location owned by the City. c. The proposed timing for the extension of Vanguard Way and the disassembly of the dual silos to relocate them out of the right-of-wa. d. Concerns with the silo being placed somewhere else in the Treasure Valley and losing its distinguished heritage as being part of Meridian. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandingissue(s)ssue(s) for City Council: a. Commission would like to recommend City Council retain the dual silos as a historical monument somewhere within our city,preventing them from being given or sold to Page 17 another part of the Treasure Valley or discarded,and the Developer build a monument on site to commemorate the silos. Page 18 VII. EXHIBITS A. Annexation Legal Description and Exhibit Map Description for Annexabion Farmatone Cressing Subdivision August 29,2023 A pertion of the Northwest 114 of the Southwest 114 of Section 15,Township 3 North,flange 1 West,Boise Meridian,Ada County,Idaho more particularly described as forlows= BEGINNING at the 114 corner common to said Sections 15 and 16,7_3N., R.1W,B.M.,from which the Section corner common to Sections 15, 16,21 and 22 7.3N_,R.M.B.M._bears South 00°43'07"West,2,656.14 feet; thence South 89°1443"East,1,322.85 feet to the Center-West 1116 comer of said Section 15; thence on the east line of the Northwest 114 of the Southwest 114 of said Section 15_South 00`39'28"West,1,216.87 feet to the centerline cf U.S.interstate 84; thence on said oentedine,North 60°32'51"West,1.339.69 feet to the west section fine of said Section 15; thence on said west section line, North 00'4S07"East,1.01428 feet to the POINT of BEGINNING. Containing 33.893 acres,more Or less. End of Dewiption, N1- L A 11779 Nr 0 G7 94F4)F X4P Page 1 of 1 Page 19 Palm of 1/4 / BegFnning 5891#'43"E 1327-$5' ew 1 f 16 5.1s 5,15 m rw o � Iti f 33.893 Acres ° � m �+ 0 v to ar � 0 v m � rn r - r 3,T9.Bg' �o - �13 r� I 1 �L LAND "s ` 11779 i zmlie, 5.16 5.15 #{ �1 Scalc: 1"=2C.C. S,Z1 5.22 0 50 10D 20D a:V��w..� 'ureo a=..ibis xr.cn.e, ..e.a. eJ3rf�ozs is sr.sr.w IDf FI Exhiplt Drowing for Job No. I p y xx-xxx SURVEY 1 5 f� cossw euenn� 5`r Annexa Llon Shaek Mo. V pow Formstone Crossing Subdivision Wo-afm CROUP, LLC A portion or Me NW?/4 or the W/4 Of sOeaan 15, oww Dots T.W. R.W. B.M._Ado Cinty.Idoho. 8/29/2023 Page 20 B. Farmstone Crossing Plat Boundary Legal Description and Exhibit Map IDescdptiorl for Farmstone Grossing Subdivision July 18,2023 A parcel of land located in the Northwest 114 of the Southwest 114 of Section 15.Township 3 North, Range 7 West. Boise Meridian,Ada County, Idaho more particularly described as follows: Commencing atthe 114 comer common to said Sections 15 and 15, T.3N., R.1W.,B.M.,from which the Section comer common to Seclions 15, 16,21 and 22 T.3N.,R.1W.. S.M_,bears South 00'43'07"West,2.656.14 feet;thence on the east-west centerline of said Section 15,South 39'14'43"East,50.00 feet to the POINT OF BEGINNING. Wence conilnuing, South 89°14AS'East, 1.272.U5 feet to the Center-West 1116 comer of said Section 15 thence on the east line of the Northwest V4 of the Southwest 14 of said :F,cctipn 15,South 00°30'26"Mat, 1,095.70 feet to the north right-of-way line of V.S. Interstate 84; thence on said north right-af-way line the following two(2)courses and distances: Nurth 81°21'56"West,682.94 feet; North 80°32'51"West,452.75 feet; thence leaving said north right-cf-way line,North 00°43'07"East,559.16 feet,, thence North 89'12'58"West, 150.09 feet to the easterly right-of-way line of S. Black Gat Road; thence on said easterly right-of-way line the following four(4)courses and distances: North 00°43'07"East,273.37 fee#; North 45°50'37'East,30.09 feet; Nort# 00°50'37"East.60.04 feet; LAy� Noah 46"41'47"West, 29.14 feet to the �p4Gt. LA S G POINT OF BEGINNING. 1 '? Containing 27.466 acres,morn or foss. I 1 1 779 End of Description. ' Page t of L Page 21 I Point of 1 f4 L1 Beginning 589'14'431 127285' Cw 1 f15 5.16 5.15 1.5 J r I I W t7 rPo M � o ty O 1 � I I � o h 1 � �1 O °9 to to f 27. 6 Arr65 3 RT � � C Ln yy w N „ M O � I M I ❑ V7 I I 682.94, 41-S. 1-84 I LAB I Line Table M Rearing n h Lire � 4 � 9� 11779 I L1 5a9'14'43"E 50.00' iZ ,x� I L2 N89'12'59"W 150.09' OF 1 ► L3 N45'5O'37"E 30.09' MCi41 L4 NOO'SQ'37"E 60.D4' 5.16 5-15 L5 N48'41'47'W 79-14' 5eole: 1`� OO' &21 5.22 0 50 100 20H 10 IDAHO Exhibit Drawing for dab Nb. SURVEY s+sw srenuoeT Formstone Crossing Subdivision �Edlt NO, Bose ioa"oa3rw y IM�67G I GROUP, LL r A portion M the NW1f4 of ue SM/4 of sectlon 1% OwQ. padr i.3N.. RAW.. B.11., Ado County, Iddh4. TOJ18f2023 Page 22 C. Preliminary Plat&Phasing Plan PRELIIII.NARY PLAT FOR g NI I �+ FARNtiTI]W.f.A()F:'INf.SIIAI]ISTCI(1N 3 tll �sfi T:'.CIIECTW w r., ,,,Eo nvuw we _ 6UILR I I I llll',i L aw F� f T a7,9c 3 Jf I 27,310 - -�i I. - = _- --. - _ _ 7- - � PLaly SHEET IFioEx I Ill wPo w rz n F Y �c l L3., _ PHASE 2 _ IL w _ y f o Page 23 D. Landscape Plan Rendering e` 31.810 0 z tuen df m '"S neeoe�<,e m BUILDING 6 ses.7aosl � �- FARMSTONE GROSSING SUBDIVISION "° ' wu,° PRELIMINARY PLAT LANDSCAPE PLAN MERIDIAN, IDE°°> o.�. Page 24 E. Pedestrian Circulation Plan PREL➢INARY PLAT FOR ' �I FARMSTONF.('R(1FCINf.RIIAI]ISTCI(1N W 1. � f' �.z 71, 'ram •_ I � f � FL4ZA PLAN LHEET I\UEX ram^ L 'FVILU i. IL - 53 20U:sf . ME, _ PHASE 2 L c� €. ; tir s J g iui a i.... =m:es.. - �_.__. .. ... - .. ..... w wPl Page 25 F. Conceptual Building Elevations for Buildings 1 -5 V 1 I I I 1 „ ,—f ,s a ,s I? 7 FIIONT ELEVATION Q Q T T T T T T T T � T 6xG[FIELAPON ae u r6 is FARMSTEAD CROSSING-BUILDING H5 PRESENTATION ELEVATIONS Page 26 + � a 1 �■� 1 t•■�1� LOG• F _ � ■�lN�1l�Ir likkl �P OGO •' ui �•�� �'��� t=. �_ ace. Page 28 ae urbia I • ' . . i Page 29 II. 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,a DA shall be entered into between the City of Meridian and the property owner(s)/developer at the time of ordinance adoption. A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation and rezone. The DA shall, at minimum, incorporate the following provisions: a. Development of the subject property shall be generally consistent with the site plan, landscape plan,preliminary plat,phasing plan, and conceptual building elevations included in Section VII and the provisions contained herein. Prior to the Council hearing,the Applicant shall provide elevations for Building#1 and Building#2 incorporating a more traditional office design to complement the plaza area. Additionally,the Applicant shall remove the loading docks from the rear of the buildings in favor of more parking. b. All future development, site design and building design shall comply with the Design Elements matrix on pg. 3-49 in the Ten Mile Interchange Specific Area Plan and the standards in the Architectural Standards Manual, as applicable. c. Prior to submittal of a certificate of zoning application the applicant should coordinate with the historic preservation on either of the following options: (1)Disassemble and store the structure,with the intention of finding an interested agency to preserve the silo on another site prior to the commencement of the collector road extension OR(2)construct a monument of the silos in the plaza utilizing some of the materials from the dissembled silos. d. The collector street(Vanguard Way) shall be constructed prior to development commencing on the property. The applicant may deed the right-of-way to ACHD prior to the submittal of the first phase of a final plat. e. Sidewalks,walkways and pathways shall include dedicated crosswalks at the intersection with all streets of S. Black Cat Road with changes in color,markings,materials,texture and/or surface to distinguish them from the surrounding pavement as set forth in the TMISAP (see pg. 3-28, Crosswalks). f. Public art in a high quality of design shall be provided in shared spaces and incorporated into the design of streetscapes as set forth in the TMISAP(see pg. 3-47). The proposed monument of the historic silo will satisfy this requirement. g. The subject property shall be subdivided prior to submittal of any Certificate of Zoning Compliance application(s)and/or building permit application. 2. Preliminary Plat: 2.1 Future development of the proposed lots is required to comply with the dimensional standards M-E zoning districts in UDC Table I1-2B-3, as applicable. 2.2 The plat shall be revised prior to submitting the first phase of a final plat as follows: Page 30 a. Include a note prohibiting direct access via S. Black Cat Road and Vanguard other than the access points approved by the City and ACHD with this application. c. Depict street sections for Vanguard Way consistent with Street Section C in the TMISAP with a modification that allows(3) 11-foot travel lanes, 8-foot parkways and detached 10- foot wide sidewalks/pathways in lieu of on-street bike lanes as required by ACHD. Streetlights are required at a pedestrian scale,unless another alternative is approved(see pg. 3-20, 3-22, 3-23). e. The intersection of Vanguard Way and S. Black Road shall align with the entrance of the Black Cat Industrial project on the west side of S.Black Cat Road. f. Depict required street landscape buffers in common lots or on permanent dedicated buffer easements,maintained by the property owner or business owners' association, as applicable,as set forth in UDC 11-313-7C.2. g. The Applicant shall coordinate with the property owner to the north and east to construct Vanguard Way and dedicate the right- of-way on the final plat to ACHD. h. Coordinate with the property owner to the east for the shared curb cut and explore the possibility of removing the landscape buffer on the eastern side of the site to align parking with the adjacent property owner,if desired. 2.3 The landscape plan shall be revised prior to submitting the first phase of a final plat as follows: a. Depict landscaping within required street buffers along Black Cat Road adjacent to the drainage swale in front of the 10-foot pathway and Vanguard Way in accord with the recently amended standards listed in UDC 11-3B-7Cand 11-3B-8C; 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 b. Sidewalks,walkways and pathways shall include dedicated crosswalks at the intersection with all streets of S. Black Cat Road with changes in color,markings,materials,texture and/or surface to distinguish them from the surrounding pavement as set forth in the TMISAP (see pg. 3-28,Crosswalks). c. The location of mitigation trees shall be depicted on a revised landscape plan submitted with the final plat application. 2.4 A 14-foot wide public use easement for the multi-use pathways within this site shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s). 2.5 Prior to Certificate of Occupancy,the applicant shall record a cross-access/ingress-egress easement to adjoining property to the east [51215427850] and submit copy of said easement to the Planning Division in accordance with the provisions of UDC 11-3A-3A2. 2.6 Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. Page 31 2.7 The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS hyps://weblink.meridianciU.or,g/WebLink/DocView.aspx?id=308331&dbid=0&repo=Meridian C i &cr--1 C. FIRE DEPARTMENT https://weblink.meridianciU.orglWebLink/DocView.aspx?id=308338&dbid=0&r0o=MeridianC ky D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=308539&dbid=0&r0o=MeridianC hty E. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=308789&dbid=0&repo=MeridianC hty F. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancily.org/WebLink/DocView.aspx?id=308414&dbid=0&r0o=MeridianC ity G. MERIDIAN PARK'S DEPARTMENT https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=308329&dbid=0&r0o=MeridianC i &cr=1 H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancily.org/WebLink/DocView.aspx?id=309887&dbid=0&r0o=MeridianC iv I. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianciU.or,g/WebLink/DocView.aspx?id=308539&dbid=0&r0o=MeridianC iv J. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.ore/WebLink/Doc View.aspx?id=310445&dbid=0&r0o=MeridianC iv K. COMPASS https://weblink.meridianciU.or,g/WebLink/DocView.aspx?id=310273&dbid=0&r0o=MeridianC iv L. MERIDIAN HISTORIC PRESERVATION COMMISSION https://weblink.meridianciU.or,g/WebLinkIDocView.aspx?id=310712&dbid=0&repo=MeridianC hty Page 32 IX. 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; Staff finds the proposed zoning map amendment and subsequent development is generally consistent with the Comprehensive Plan if the plans are revised. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds the proposed map amendment will allow for the development of a mix of commercial, office,flex space, light industrial and employment uses which will provide for the service needs of the community consistent with the purpose statement of the commercial districts in accord with the Comprehensive Plan if the plans are revised. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Staff finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Staff finds the annexation is in the best interest of the City if the plans are revised. B. Preliminary Plat Findings(11-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Staff finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use and transportation if the plans are revised. (Please see Comprehensive Plan Policies in, Section IV of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Page 33 Because City water and sewer and any other utilities will be provided by the development at their own cost, Staff 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; Staff finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Fire, ACHD, etc). (See Section VIII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, Staff 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. 6. The development preserves significant natural, scenic or historic features. Staff is aware of the significant natural, scenic or historic features that exist on this site that require preserving. Page 34 W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing Continued from April 16, 2024 for Reveille Ridge Subdivision (H-2023-0050) by Bailey Engineering, generally located on the west side of S. Eagle Rd., approximately 1/2 mile south of E. Lake Hazel Rd. Application Materials: https://bit.ly/H-2023-0050 A. Request: Annexation of 59.97 acres of land with an R-8 (34.69 acres) and R-15 (25.28 acres) zoning districts. B. Request: Preliminary Plat consisting of 247 building lots and 37 common lots on 59.77 acres of land in the R-8 and R-15 zoning districts. PUBLIC HEARING SIGN IN SHEET DATE : May 7, 2024 ITEM # ON AGENDA : 21 PROJECT NAME . Cont . Reveille Ridge Subdivision ( W2023 - 0050 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name mend am1� �01 X qa�gL K 2 Der ( U L 40(�c I 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E IDIAN�-- COMMUNITY DEVELOPMENT DEPARTMENT p HEARING May 7,2024 Legend DATE: Continued from:March 26, and April.f P Prolec= Loco?or. 16, 2024 lei TO: Mayor&City Council 5 FROM: Sonya Allen,Associate Planner ` 208-884-5533 ----- SUBJECT: Reveille Ridge Subdivision—AZ,PP --,- ----- H-2023-0050 --- '}- LOCATION: 7355 S. Eagle Rd.,in the east'/2 of Section 5,T.2N.,R.1E. (Parcels: 51405417400, 51405142100, S1405427800& 51405131500) I. PROJECT DESCRIPTION Annexation of 59.97 acres of land with R-8 (34.69 acres) and R-15 (25.28 acres)zoning districts; and Preliminary Plat consisting of 246 building lots and 38 common lots on 59.77 acres of land in the R-8 and R- 15 zoning districts for the Reveille Ridge Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 59.77 acres Future Land Use Designation Low Density Residential(LDR)(31+/-acres)&Medium Density Residential (MDR)(28+/-acres) Existing Land Use Rural residential/agricultural Proposed Land Use(s) Single-family detached/attached&townhome dwellings Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning R-8(Medium Density Residential)&R-15 (Medium-high Density Residential) Lots(#and type;bldg/common) 246 building/38 common Phasing plan(#of phases) 4 Number of Residential Units(type 170 single-family detached, 14 single-family attached,62 townhome units of units) Density(gross&net) 4.13 units/acre overall(gross)(2.96 units/acre in LDR;5.3 units/acre in MDR) Open Space(acres,total[%]/ 11.78 acres(or 19.71%) buffer/qualified) Pagel Amenities Pathways,picnic areas,fitness stations. Physical Features(waterways, The Williams Northwest gas pipeline runs through this site within a 75'wide hazards,flood plain,hillside) easement. The Farr Lateral runs along the northern boundary on the east portion of the site. Neighborhood meeting date 6/15/23 History(previous approvals) None B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Not yet • Requires ACHD No Commission Action es/no • TIS(yes/no) Yes • Level of Service(LOS) Eagle Road south of Lake Hazel Road is operating at a LOS of better than "D"according to the TIS. • Existing Conditions There is one driveway serving the existing home via S.Eagle Rd.,a 2-lane roadway • CIP/IFYWP No improvements planned directly abutting the site.Lake Hazel Rd. is scheduled in the IFYWP to be widened to 5-lanes from Locust Grove to Eagle Rd.in 2024 and to 5-lanes from Eagle to Cloverdale Rd.in 2025.The intersection of Lake Hazel&Eagle Rd. is scheduled in the IFYWP to be widened to 5-lanes on the north leg,4-lanes on the south,4-lanes on the east, and 3-lanes on the west leg to be reconstructed in 2024. Access(Arterial/Collectors/State One(1)access is proposed via S.Eagle Rd.,a residential arterial street.A Hwy/Local)(Existing and Proposed) north/south and an east/west collector street are proposed. Several stub streets are proposed to adjacent properties for future extension and interconnectivit . Proposed Road Improvements No funded improvements and no planned improvements. Fire Service • Distance to Fire Station 1.0 mile from Station 7 • Fire Response Time Project falls in an area where the FD doesn't have total response times for an effective firefighting force that meet NFPA 1710 standards or current City adopted standards. • Resource Reliability Unknown for Station 7 as it just opened; 77%for Station 4,which doesn't meet the 80%goal • Risk Identification 2(current resources would not be adequate to supply service to this project) • Accessibility Meets all requirements • Special/resource needs Will require an aerial device; can meet this need • Water Supply 1,000 gallons/minute for one hour • Other Resources Police Service No comments received School District(s) No comments received Wastewater • Distance to Sewer Services Page 2 • Sewer Shed • Estimated Project Sewer ERU's See application • WRRF Declining Balance • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns Flow is committed. See Public Works Site Specific Conditions Water • Distance to Services Water available at site. • Pressure Zone 5 • 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 in Section IX.B of this report. C. Project Maps Future Land Use Map Aerial Map Legend 0 Legend � P 3eaiLuca ton �- Prcjec- Lxa=or Id NE lei bw IOU Iw• 'm Y Y 1 -'1 me IU g��flai r _ Ili Low Density 1' Residenfial ! ��W ' _6 Page 3 Zoning Map Planned Development Map Legend 0 Legend Pro" t Locator. 4 Pro" t Luca ff 1� 1� - CityLdnih� — Manned Parce-'s � R_ RUT - i i R-4 '9 R-1. 5 � II RUT -R= -RR RUT M1 ---- -y}k= III. APPLICANT INFORMATION A. Applicant: Judy Schmidt,Bailey Engineering— 1119 E. State St.,#210,Eagle, ID 83616 B. Owners: Endurance Holdings,LLC— 1977 E. Overland Rd.,Meridian, ID 83642 C. Representative: Shawn Brownlee,Trilogy Development—9839 W. Cable Car St., Ste. 101,Boise,ID 83709 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in 1/30/2024 3/10/2024; 4/21/2024 newspaper Radius notification mailed to property owners within 300 feet 1/26/2024 3/1/2024 Public hearing notice sign posted on site 1/24/2024 3/12/2024 Nextdoor posting 1/30/2024 3/4/2024; 4/9/2024 Note: This project was continued to the May 7`h City Council hearing in order to notice the Kuna School District, who was inadvertently not included in the previous transmittals, andprovide an opportunity for comment. V. COMPREHENSIVE PLAN ANALYSIS FUTURE LAND USE: Approximately 31-acres of the eastern portion of this property is designated Low Density Residential(LDR)and approximately 28-acres of the western portion is designated Medium Density Page 4 Residential(MDR) on the Future Land Use Map (FLUM)contained in the Comprehensive Plan (see map above in Section II.C). The LDR allows for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources,recognize view sheds and open spaces, and maintain or improve the overall atmosphere of the area. The use of open spaces,parks,trails, and other appropriate means should enhance the character of the area. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. 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. TRANSPORTATION: ACHD's Master Street Map(MSM)depicts an east/west collector street across this property from S. Eagle Rd. to the west property boundary and a north/south collector street along the west boundary of the site. This property is within the area governed by the South Meridian Transportation Plan. No improvements are planned directly abutting the site in the CIP or IFYWP. Lake Hazel Rd. is scheduled in the IFYWP to be widened to 5-lanes from Locust Grove to Eagle Rd. in 2024 and to 5-lanes from Eagle to Cloverdale Rd. in 2025. The intersection of Lake Hazel&Eagle Rd. is scheduled in the IFYWP to be widened to 5-lanes on the north leg,4-lanes on the south,4-lanes on the east, and 3-lanes on the west leg to be reconstructed in 2024. PROPOSED USE: The subject property is proposed to develop with a mix of single-family residential detached and attached dwellings and townhome dwellings at a gross overall density of 4.13 units per acre (2.96 units/acre in LDR and 5.30 units/acre in MDR)consistent with the density desired in the Comprehensive Plan for this area. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed single-family attached and detached dwellings and townhome dwellings will provide a mix of housing types to meet the needs,preferences and financial capabilities of present and future residents in 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 smaller lot sizes abutting similar size lots to the north planned in Vertex Subdivision and to the west adjacent to Discovery Park, a 75-acre City park, and MDR designated property to the west and south; and larger lots abutting similar size lots to the north in The Keep Subdivision and to LDR designated property to the east will provide a good transition in density and lot sizes to existing and future development. Page 5 • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed residential uses and site layout should minimize conflicts and maximize use of land. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) A 10'wide multi-use pathway is proposed through the site from the south to the north boundary within the Williams Pipeline easement and a 5'wide pathway is proposed along the Farr Lateral on the northeast portion of the site, which should be widened to 10'in accord with the Pathways Master Plan. Other micro paths and internal pathways are proposed for pedestrian connectivity within the development. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development of the subdivision. • "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties." With redevelopment of the site, the septic system for the existing home 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 driveway via S. Eagle Rd.for this property, which will be replaced by a collector street that will extend to the west boundary of the site for future extension.Another north/south collector street is proposed along the west boundary of the site for future extension to the north and south. These collector streets should increase connectivity in this area and distribute traffic from the arterial street. Stub streets are proposed to adjacent properties to the north fronting on S. Eagle Rd., which should reduce access points to the arterial street in the future. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 59.97 acres of land with R-8 (34.69-acres) and R-15 (25.28-acres) zoning districts and develop the site with a mix of single-family attached and detached and townhome dwellings at densities consistent with the underlying LDR and MDR FLUM designations as discussed above in Section V. A legal description and exhibit map for the overall annexation area is included in Section VIII.A along with individual legal descriptions and exhibit maps for individual zones. This property is within the City's Area of City Impact boundary. Page 6 A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with 246 building lots and associated common area and public streets(see Section VIII). Single-family attached and detached and townhouse dwellings are listed as a principal permitted use in both the R-8 and R-15 zoning districts per UDC Table 11-2A-2. 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 246 building lots and 38 common lots on 59.77 acres of land in the proposed R-8 and R-15 zoning districts as shown on the preliminary plat in Section VIII.B. A mix of front-and alley-loaded single-family detached(170), single-family attached(14) and townhomes (62) are proposed. Building lots range in size from 2,600 square feet(s.f.) (or 0.6-acre)to 14,798 s.f. (or 0.34- acre). Phasing Plan: The subdivision is proposed to develop in four(4)phases per the phasing plan in Section VIII.B. The first phase is located along the southern boundary of the site and includes construction of all of the collector streets within the site. The second phase is the northeast portion of the development. The third phase is centrally located and contains the pond and most of the common open space for the development, including the linear open space in the Williams Pipeline easement. The fourth phase is the northwest portion of the development. Staff recommends the phasing plan is revised to switch Phases 2 and 3 so the open space is provided in an earlier phase for the enjoyment of residents. The phasing plan has been revised as recommended. Existing Structures/Site Improvements: There is an existing home and several other structures on the property that are not being retained that are required to be removed prior to submittal of the final plat for City Engineer's signature.There is also an existing driveway via S. Eagle Rd. that will be replaced with a public street. Dimensional Standards (UDC 11-2): The proposed plat and future development is subject to the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district and Table 11-2A-7 for the R-15 zoning district, as applicable. Zero (0) setbacks should be depicted on the plat where single- family attached and townhome structures are proposed to span across lot lines where no easements will exist.Note: Street setbacks are measured from back of sidewalk,which will affect building placement on lots along collector streets. Subdivision Design&Improvement Standards: The proposed subdivision is required to comply with the design and improvement standards listed in UDC 11-6C-3,including those for streets and alleys. Product Type: A mix of single-family attached and detached and townhome dwellings are proposed to develop on the site as shown on the exhibit map in Section VIII. Access: Public streets and alleys and a common driveway are proposed for access within the development. Two (2)collector streets are proposed in accord with ACHD's Master Street Map as noted above in Section V. Homes fronting on the collector streets do not have access from the collector streets. Public stub streets are proposed to adjacent properties to the northeast,north,west and south for future interconnectivity and to reduce future access points on S. Eagle Rd., in accord with UDC 11-3A-3A.3. A common driveway is proposed on Lot 51,Block 16 for access to Lots 52-54,Block 16; compliance with the standards listed in UDC 11-6C-3D for such is required. A perpetual ingress/egress is required as a note on a recorded final plat or a separate recorded easement. The easement or plat note shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and Page 7 equipment.A common driveway exhibit that demonstrates compliance with the R-15 dimensional standards is included in Section VIII.F; future development of these lots should be consistent with this exhibit.Fencing is required along Lot 51,Block 16 to distinguish common from private areas as set forth in UDC 11-3A-7A.7a.A 5-foot wide landscape buffer planted with shrubs,lawn or other vegetative groundcover should be provided along the southwest side of the common driveway on Lot 51,Block 16 in accord with UDC 11-6C-3D.5. Pathways: All pathways should be constructed in accord with the standards listed in UDC 11-3A-8. A 10' wide multi-use pathway is required within the Williams Pipeline easement and along the south side of the Farr Lateral in a 14-foot wide public pedestrian easement in accord with the Pathways Master Plan. Other pathways are proposed throughout the site for internal pedestrian connectivity. The 10-foot wide multi-use pathway within the Williams Pipeline easement should be extended through Lot 1, Block 14 for future extension to the south. The 10-foot wide multi-use pathway along the Farr Lateral in Lot 16,Block 2 should also be extended to the northwest to connect to the multi-use pathway in Vertex Subdivision to the north.In order to provide connectivity between the multi- use pathways within the site, Staff recommends a 10-foot wide sidewalk is provided along Taps to between the Williams pipeline pathway and the Farr Lateral pathway. Sidewalks/Parkways(11-3A-17): For public safety, Staff recommends 10-foot wide detached sidewalks are provided along all collector and arterial streets within and adjacent to the site; parkways should comply with the standards listed in UDC 11-3A-17. The plat and landscape plan, should be revised accordingly. Landscaping: A minimum 25-foot wide street buffer is required along S. Eagle Rd., an arterial street, measured from ultimate back of curb location; and 20-foot wide street buffers are required along E. Vantage Pointe and St L, collector streets,per UDC Tables 11-2A-6 and 11-2A-7. The buffer along E. Vantage Pointe on Blocks 12 and 15 needs to be fully landscaped,including the area on the back side of the sidewalk.Landscaping is required within the street buffers and parkways in accord with the standards listed in UDC 11-3B-7C.3; the landscape plan should be revised to include a mix of landscaping materials and a calculations table that demonstrates compliance with the standards.All street buffers should be in a common lot or on a permanent dedicated buffer easement maintained by the property owner or homeowner's association; street buffers should be depicted on the plat accordingly and labeled as such. Landscaping,including trees and shrubs,should be depicted on the landscape plan within the 5' wide landscape strip on each side of all pathways as set forth in UDC 11-3B-12C.Note:Alternative compliance may be requested for the trees along the pathway in the Williams pipeline easement as set forth in UDC 11-5B-5. 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): A minimum of 15% (or 8.97-acres)common open space is required to be provided in the R-8 and R-15 zoning districts per UDC Table I1-3G-3. Open space areas are required to comply with the quality standards listed in UDC 11-3G-3A.2. The qualifications for open space are outlined in UDC 11-3G-3B. An open space exhibit was submitted as shown in Section VIII.D that depicts common open space totaling 14.79-acres(or 24.74%); qualified open space consists of 11.77-acres(or 19.69%), exceeding the minimum standard. Qualified areas consist of open grassy areas of at least 5,000 square feet in area, linear open space, a pond with site amenities (i.e.picnic areas), and active and passive open spaces. Page 8 Based on 59.77-acres of development area, a minimum of 12 site amenity points is required to be provided. For projects such as this that are over 40-acres in size,multiple amenities are required from each of the categories listed in UDC Table 11-3G-4. The Applicant proposes amenities in accord with the minimum standards from each of the required categories, as follows: T e Description Points Quality of Life Picnic Areas 3 6 Pedestrian Amenities Multiuse Pathways .5 miles 2 Quality of Life Fitness Course 6 stations 2 Recreation Activity Tot Lot 1 Mutti-modal Bike Repair Station 1 Total 12 The proposed amenities should comply with the associated standards listed in UDC 11-3G-4C, D, E and F. Open Water Pond: An open water pond exists on the site that is proposed to remain on Lot 1, Block 16. The pond is required to have recirculated water and be maintained such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-3B.6. 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. Two(2) off-street parking areas with a total of 16 parking spaces are proposed on Lots 20 and 80,Block 16. Williams Pipeline: The Williams Northwest Gas Pipeline crosses this site within a 75-foot wide easement contained in common lots as depicted on the preliminary plat. Any development and/or improvements within the easement should comply with the Williams Developer's Handbook. Waterways: The Farr Lateral exists along the eastern portion of the northern boundary of the site within a 55-foot wide easement(25-feet on the north side and 30-feet on the south side of the lateral's centerline). All irrigation ditches and laterals crossing this site that aren't being improved as a water amenity or linear open space as defined in UDC 11-1A-1 are required to be piped or otherwise covered as set forth in UDC 11-3A-6B.3,unless otherwise waived by City Council. The Applicant requests a waiver from Council to leave the Farr Lateral open and not pipe it as allowed in UDC 11-3A-6B.3a. To preserve public safety,the Applicant proposes to construct a 6' tall wrought iron fence along the northern boundary of Lot 16,Block 2 outside of the Boise Project Board of Control's easement in accord with UDC 11-3A-6C and the Pathways Master Plan. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6C and I1-3A-7, as applicable. The landscape plan depicts a mix of 6' tall vinyl privacy fencing and 5' tall wrought iron fencing. Because there is a common lot with a pathway planned in Vertex Subdivision along the northern boundary of the site,Staff recommends the fencing in this location is changed to 5'tall wrought iron fencing to match that on the north side of the pathway and that proposed on this site to the east along the Farr Lateral in accord with UDC 11-3A-7A.7b. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. A pressure reducing station is proposed on Lot 1,Block 19. 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. Page 9 Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A Geotechnical Evaluation was submitted with this application. Building Elevations: Several conceptual building elevations of 1-and 2-story single-family detached, attached and townhome dwellings were submitted as shown in Section VIII.E. Building materials consist of a variety of horizontal and vertical siding and stucco with stone/brick veneer accents. Because homes on lots that face collector(E.Vantage Pointe& St L) and arterial(S.Eagle Rd.) will be highly visible,Staff recommends the rear and/or sides of structures facing these streets 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. Design review is required for all single-family attached and townhome structures; design review is not required for single-family detached structures. 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 February 15t''. At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing: a. In favor: David Bailey, Bailey Engineering(Applicant's Representative) b. In opposition: Dave White,Jeff Luckey,Brian Miller,Jarron Langston, CraigSmith, mith, Carrie Miller,Matthew Pond c. Commenting None d. Written testimony: Kelli Black,Bailey Engineering(Applicant's Representative)—in agreement with staff report; and several letters of opposition from the public(see public record). e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Ke. ids)of public testimony a. Opinion the proposed density is too high for this development with existing infrastructure constraints; b. Concern pertaining to safety of roads in the immediate area; c. Request for a better transition in lot sizes to adjacent properties. 3. Ke, ids)of discussion by Commission: a. Would like to see a better transition in lot sizes to adjacent existing properties,especiallX to The Keep to the north. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. The Applicant requests City Council approval of a waiver to UDC 11-3A-6B.3a to leave the Farr Lateral open and not pipe it as allowed in UDC 11-3A-6B.3a. To preserve public safety,the Applicant proposes to construct a 6' tall wrought iron fence along the Page 10 northern boundary of Lot 16,Block 2 outside of the Boise Project Board of Control's easement adjacent to the pathwa. b. The Commission requested the City Council review the transition of the proposed R-8 zoned lots to the existing R-2 lots in The Keep subdivision along the Farr Lateral and decide if the proposed transition is in the best interest of the City. C. The Meridian City Council heard these items on March 26,2024. At the public hearing the Council moved to continue the project to April 16"in order to obtain comments from WASD and for the Applicant to make changes to the plat to provide a better transition in lot sizes to The Keep Subdivision to the north. 1. Summary of the City Council public hearing: a. In favor: David Bailey,Bailey Engineering(Applicant's Representative) b. In opposition:None c. Commenting: Bryan Miller, Carrie Miller,Jeff Luckey,Lori Billaud,Jarron Langston d. Written testimony: Craig Smith: Kelli Wilkins e. Staff presentingApplication: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Letter from Craig Smith—Request for a better transition(i.e. larger/fewer lots) abutting his 5-acre property to the east of the site similar to that discussed to The Keep to the north: b. Letter from Kelli Wilkins—Opposed to the density of the proposed development— Mquest for lower density(i.e. larger/fewer lots) abutting her 5-acre property to the east. C. Concern pertainingto the proposed density(too high),not enough transition in lot sizes to existing lots in The Keep subdivision,concern to pertaining to existing roads not being adequate to serve the development. 3. Key issue(s)of discussion by City Council: a. Lot transitions, safety for children with retention of the existing pond and impact on area schools. 4. City Council change(s)to Commission recommendation: a. None Page 11 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map Description for Annexation September 8, 2023 A parcel of land located in the South 112 of the Northeast 114, and the North 112 of the Southeast 114 of Section 5.Township 2 Norlh, Range 1 East, Boise Me6dian, Ada County, Idaho, more particularly described as follows: Commencing at the iA corner common to Sections 4 ana b, 7.2N.,R.1E., B,M-,from which the Section corner common to Sections 4, 5, 8 and 9, T.2.N., R.1.E, 6-M_,hears South 00'12'47"Wast. 2653.27;thence on the east boundary line of said Section 5, South 00912'47"West, 458.11 feet to the POINT OF BEGINNING; thence continuing, South 0012'47"West, 2 50.04 feet; thenca IQa+ring said oast boundary line,North 74°b8'26"West.800.00 feet; thence North 73°2926"Vest,560.00 feet; thence North 89°18'26"West.500,80 feet: thence South 89°48'34"West, 841.23 feet to the north-south centerline of said Section 5; thence on said north-south centerline, North 00°00'59"East, 332.88 feet to the Center 114 corner of said Section 5: thence continuing on said north-south oentedine. North 00°01'18" East,820.62 feet: thence leaving said north-south centerline. South 78°30'03"East, 191.66 feet; thence North 43"00'19"East, 108.41 feet; thence North 68°36'36"East, 694.84 feet; thence South 46"02'S2"East, �70.M feet: thence South '5921" East,64.51 feet; thence North 00°2NOV West, 30.48 feet to the Southwest corner of Keep Subdivision as filled in Book 119 of Plats at Pages 18374 through 18379,records of Ada County, Idaho; P,� L'1'y0 thence on the south boundary line of said Keep Ns Subdivision the following eight(8)courses and distances; 11779 South 64"48'10"East,6b ��,24 feet; n , r South 79"33'09"East,55.80 feet; - 'f m o, Page 1 of 2 Page 12 North 82"37'W' East, 39.20 feet; North 71 W'4 " East, 41.47 feet; North 8U°45'02" East, 58.56 feet; North 88"5&42" East, 252,30 feet-, North 8503916" East, 60.03 feet; North 671183'39" East, 125.97 feet to the nofthwest corner of Derry Subdivision as filed in Book 108 of Plats at Pages 15160 and 15181, records of Ada County, Waho; thence South 00°13'22"West, 1157.89 feet to the southwest comer of said Derry Subdivision thence on the south boundary line of sad Derry Subdivision and the easterly prolongation of, South 74"06'45" East, 762.45 feet to the POINT OF BEGINNING Containing 59.969 acres, more or less- End of Description- pL LA X D F p Page 2 of 2 Page 13 � R9 & Subvi-�n £ — L | . e L L1 G � 0a m Li w ® � t § Derry \ t5g31139 Acre \ _ . � r \ � Q a ell 1A u S.5 . 4 p Paint of 7 � \ 0 ® � �(. z �amp &B4 'W B4122 H89-1E26■ mm . a , � Line T Ee Line Table % m | e Bouring erg■ LFe B_i uinga | / u SK, q' a04 N& '7 39 ' § L-2 E3E27 1 .6' Q 1'27%yE w.47 /0D U 0'19% 10B«' uo N50-1,5`2 5B.e' #, ; 9 ,% ` 211 NBB'5a 7 30 L5 m=2 2' 3o 4B 2 38'1 E Mm' ° V) US 24'48'1eE 6 24 u3 A 3' % ,.■ ' / 2 3 og"E 8o 1 , � z IN 3 . r . a 799g q | / » E _b2Rd5 '4 0 ,� oko + ---tees # 01002m 400 Boo MJp m=C..»mm ___E-_ , ,,._ IDAHO Eh tOra¥ng or \&e SURVEY eee Winne Annexation Shoe _mr�_ Reveille Ridge Sult>dlivislun 1 GROUP, L[C A procal @ land k,tedHthe 5112ea, 4 the q2of owv. Out. �he SE a -of @, S. TIN- P-1C , Adu C-wnty. a# 9/s/2QZZ Page 14 Description for R-8 Zone September 8, 2023 A parcel of land located in the South 112 of the Northeast 114, and the North 112 of the southeast 114 of section 5, TOwnShip 2 North, Range 1 East, Noise Mendian, Ada County, Idaho, more particularly described as follows: Commencing at the 114 corner common to Sections 4 and 5, T.2N.. R.1E„ B_M., from which the Section corner common to Sections 4, 5, 8 and g, T.2.N., R.1.E, B.M„ begs South 00912'47"West, 2653.27; thence on the east boundary line of said Section 5, South 0012'47'West, 458_11 feet to the POINT DE BEGINNING: thence continuing, South 00"12'41" West, 2 50.04 feet; thence leaving said east boundary line, North 74°08'26"West: 660.06 feet; thence North 73°29'26" West. 408.38 feet; thence North 47°47'31" West, 770.77 feet; thence North 42°12'29" East, 255_26 feet; thence 1 60_79 feet on the arc of a curve to the right having a radius of 300.00 feet, a cantr21 angle of 32"25'39", and a long chord which bears North 64°00'20" West, 167.53 feet; thence North 47°47'31" West, 51 .02 feet; thence 46.08 feet on the are of a curve to the right having a radius of 100.00 feet, a central angle of 26°24'07", and a long chord which bears North 34°35'27"West. 45.67 feet; thence North 21°23'24"1 cst, 28.22 fact: thence South 68°3638"West, 1 _53 feet; thence 8.02 feet on the arc of a curve to the left having a radius of 100.00 feet, a central angle of 04°35'37", and a long chord which bears South 66"18'47"West. 8.02 feet; thence North 47°47'31" West, 150.16 feet; thence North 43°08'1!�" East, �1.57 feet: NL LA C�`° �G thence North 68'36'36" East, 694-84 feet; thence South 46°02'32" East, 375.56 feet; 11779 thence South 64860'21"East, 64.51 feet; of V��� ' McCP ` Page 1 of 2 Page 15 thence North 00°23'06"West, 30.48 feet to the Southwest corner of Keep Subdivision as filled in Book 119 of Plats at Pages 18374 through 18379, records of Ada County, Idaho; thence on the south boundary line of said Keel Subdivision the following eigfit (8) courses and distances; South 64°48'14" East, 66_24 feet; South 79°3S09" East, 55.80 fleet; North 82°37'38" East, 39.29 feet, North 71°27'43" East, 41.47 feet; North 80°45'02" East, 58.58 feet; North 8895B'42" East, 252.30 feet; North 8503816" East, 60,03 feet; North 67003'39" East, 125.97 feet to the northwest comer of Derry BuMvision as filled in Book 108 of Plats at Pages 15160 and 15161, records of Ada County, Idaho; thence South 00'13'22"West, 1157.89 feet to the southwest corner of said [ferry Subdivision thence on the south boundary lire of said perry Subdivision and the easterly prolongation of, South 74"08'45" East, 762.45 feet to the POINT OF BEGINNING. Containing 34.691 acres, more or less. End of Description_ SCE Ng,� ` 1 779 O F 4� McCN Page 2 of 2 Page 16 1 ' Keep Subdivision L4 a�6a ��. L 8Lg L11 �4 I I L2 L12 C,� � L5 Lti L13 F' L10 C3 568'36'36"W 166.53' ,} C N42'12'28"E D G`f IN 255.26' f34.691 N I Acres I a � C1f4 �# 1/4 # g.5 .s-4 Point of I� 574)aa. Beginning ,n l N73���6'gir 800 00KL LA ' I [V �' N5 Line Table Line Table I N Una ne 8eoring {.ength Line Beorrng Lenytti � L1 Sa072'47'w 254-1)4' Lb 57933'49"E 55.✓34' ri i.o CS 9} t L2 N21'23'24`W 28.22' Lg N82'37'38"E 39.29' 0I 0� / C L3 N4747'31"W i AO- L10 H71'27'43"E 41.47` L4 N43'00'19"E 21.57' L11 NBO'45'02'E 58.56' L5 564'59'21"E 64-51' L12 NB8.58'42% 252-30' Scale: 1"=400' L6 N70.23'06"W 30.48' L73 H8538'16"E 60.03' i D 100 200 400 $p. 0 564'48",O"E 56.24 L14 N67ro3'39`E 125.97' Curve Table Curve LenO, Radius Delta Chard Bearing Chord Length C1 159.79' 30100' 32`25'39" N64'00'24'W 167.53' E- Columbia Rd. 5,5 'S.4 C2 46-08' 100.00' 2$'24'k}7" N34'35'27"W 45-67' _——S.B S.9 C3 5.02' 100.00' 435'37" S65-18'47'W 8,02' P:y—4. r(73M Eq',Rd)77-22F dwE%--8 F—E 9 SAOW3 R4553 qY �� �0 ExhibTk drawing for Job "a s954 yr ENEw.Los7. —8 Zone 22-228-112 SURVEY 941SE.O.A+I45}7N Sheet Na. {70HI"&xsz9 Reveille Ridge Subdivision 1 GROUP, LLC A pracd of land located in the S1 2 of the HE1 4 & tho N1 72 Df pxq, poke the SE1/4 of Section 5, TIN„ R,tE., B.A. Ada Coupty, Idaho, 9/4/202Z Page 17 Description for R-1 a Zone September 8, 2023 A parcel of land located in the South 112 of the Northeast 114, and the North 1/2 of the Southeast 114 of Section 5, Township 2 North, Range 1 East, Saise Meridian, Ada County, Idaho, more particularly described as follows; Comrnen6ng at the 114 comer common to Sections 4 and 5_ T.2N., R.1E., B.M." from which the Section corner Common to Sections 4, 5, 8 and 9, T.2.N-, R_1-E, B.M., gears South 00'12'47"West, 2653.27: thence on the east boundary line of said Section 5, South 00'12'47"West, 708.15 feet;thence leaving said east boundary lire, North 74"08'26"West, 800.00 feet; thence North 73"29'26"West, 408.38 feet to the POINT OF 8EGINNING: then cc North 781120'W West, 151.82 feet thence North 89'18'26"West, 660.00 feet; thence South 89d48' 4"West, 841,23 feet to the north-south centerline of said Section 5; thence on said north-south centerline, North 00*00'59" East, 332.88 feet to the Center 114 corner of said Section 5; thence continuing on esid north-south centerline, North 00"01'18" East, 820,62 foot; thence leaving said north-�south centerline, South 78'30'03"East, 191-66 feet; thence North 43°00"19"East, 86.84 feet; thence South 47"47"61" Bast, 150-16 feet; the noe 8.02 feet on the arc of a curve to the right haVIng a radius of 100-00 feet, a central angle of 04'35'37", and a long chord which bears North 66'18'47" East, 8.02 feet; thence North 68°36'36" East. 168,5� feet: thence South 21°23'24" East, 28.22 feet; thence 46.08 feet on the arc of a curve to the left having a radius of 100.00 feet, a central angle of 0 �V 14NO 26°24'07', and a long ohord which.. bears South \GF-NS 34'35'27'' East, 45.57 feet; 11779 thence South 47°4731" East, 512-02 feet; 4�' o f ° Page 1 of 2: Page 18 thence 169.79 feet on the arc of a curve to the left having a radius of 300.00 feet. a central angle of 32025'39", and a long chord which bears South 64'00'20" East, 167.53 feet: thence South 42012'29"West, 255.28 feet, thence South 4704T31" East. 770.77 feet to the POINT OF BEGINNING. Containing 25.275 acres. more or less. End of Descnption- pL LANO 11779 ' MCCN Page 2 of 2 Page 19 I I Keep Sub divisian I I I L2 `3 ( 1-6 C'p G1 0 T- I ro Derry. p Subdmtswn ±25.27 Acres S42'12'29"w I 255.28' C1/4 � 1 f4 ILn Q z 5dQ.Q0' I+ S69'Q'34'W 1341,23' N89'?S'26"w �� 4 Beginning# # 7 9 B} I .0.3, E" $ Qa00, N V, y0 I �aNa Line Table - I � v u Line Deming Length I m 11779 4- L1 N73-29'26"Ih' 151.62' cw r- o a 0 G30 �� � �X, L2 578'30'03'E 191.66' La�� �•(n 01� WON `1 L3 N43'00'1g`E 86,64" + o m L4 S4747'31'E 150.16' L5 N68'36'36"E 166-53' �x $Cole: 1"=400' 1-6 $21'23'24"E 2$,22' 0 100 200 400 Boo Curve Table 1 I Curve Length Radius Delto Chord Bwriny Chord Length C1 13.02' 1flo,00' 4'35`37' N661E{47'E 9.02' E- C41urnbla Rd- 13 `S,4 C2 46,46' 1fl4,Q6' 2624'Q7" 53435'27'E 45.67' --- ---S.8 S-9 C3 i69-19' 300.00' 32 25'39' S64W'20'E 167-53' v�4nd. s{7l55 fops Hq 33.27d�m,pWt•i5 twx f�a.G i/9[5071 aw i sp Exhibit drawing for N8. I DAHO 9a 9 a-ET —I J Dr 22-228-02 90ISE IpA22^ a Sh4■t 144,E {mom"- Reveille Ridge Subdivision 1 GROUP LLD A Prato of land 1walee In ehe S1 2 OF tha 14E1 4 & the N7 W Dwg, Date thr 5E7/4 of Section 5, T2N., R.T.. 6 M„ Ada County, Idaho 9/8/2023 Page 20 B. Preliminary Plat(dated: 1/10/24)&Revised Phasing Plan(dated: 2/21/24) PRELIMINARY PLAT FOR REVEILLE RIDGE SUBDIVISION D: EE E 0 8fE dECT I I I ® I PLAN SHEET INDEX 77-71 ® ® ® ® ® O SHEET DESCRIPTION BL 3 \_ PP-1 COVER SHEET.INDEX,VIGNf,Y IMP, NOTES IIL� PP-2 -PRELIMINARY PLAT WEST WYOIIT I IN �� PP-3 -PRELIMINARY—EAST LAYOUT ®© ® ®� PP-a -PaacEL cuavE TADLES f` Bt of B A PP-S -EXISTING TOPOGRAPHY PP-] -ENGINEERING PIANr&STREET SEGTIOrv' 4 rt PP-8 -PRELIMINARY SEWER PROFlLES PP-9 -PRELIMINARY'SEWER PROFlLES ® ® ® ® ® m ®®®o© © I _ a —�`- z D — — a —-—-—-— I wl II' - \ O ` m W� ma D W J 10 Ld Page 21 PR6LRQ.YAPY PLAT F06 3i 1RHYSQIE E[UGC SIiHOMSIm Y✓, 1 A _ 4 M F. -.�r I w F1zu _ Q p Y 'II a S C i \ 6 Y - I a - 0 fi 0 It _ PREUMINARY PLAT FOR REVEILLE RIDGE EIIEDIVISION a+ BLOCK 2 NBLO K r5 .®. ... .... e�. .o. _— • _.. " W BL b I _ nv .mmY.0 �ry = ___ m•�l(fiE_G[L�—. ..m cl� & 0 OCK�7 o Z Q LaC71- 22, rA e ff \ o © A� 0 Z r® _. m o a s s j Z o > Ld PP-3 Page 22 PRASE MAP FOR � ! REVEILLE RIDGE SUBDIVISION «.��s, �. oeawl. eow if b „t r --- r �. � r, -------------------------- ge 0 Z Ld W 0 PM Page 23 C. Landscape Plan(dated: 12/12/2023) 1 4 t. rk ® m m t 1 ®� r O ® m wa2ys. •m w .r 13 IENSENBQTB REVEILLE RIDGE SUBDIVISION Ov FEBRUARY 12,2024 PRELIMINARY PLAT LANDSCAPE PLAN MERIDIAN, ID Iwo« Page 24 IV �� 7'- C� -!¢.,�.���/rJ�*�`� •R�,N�� _______MATCHLINE L21-•. ______________i �{ UY Ci Mix .-L:". ill_ h .�« �J� •OIU - 7 \ ` o I � N - � n o ] W PLANT PALETTE a NOTE5 ' M�L:rriv�,m"F=iw � p • �� '.©:' .... .w.r.«......r.r..� ....,..,i... a � W _ L Y Z W rI•u. "' ill o.� �- rr-n "li Vim. > J aQ 1� L1 �c v s+ w � t w I MAT_GML E LE J "TCHUNE Li------ , - > F U 0 J n m W O ] 5 PLA L NT PAETTE Z n _ W j a � > ri z u r m o M....�.. a Page 25 PLANT PALETTE ! �� •�"..��,.,�. a �I mix a zIz &'GLE CALL d U Z NOTES > G o• w a N a L MATCHLME LS __:Y ° > I MATClLME L4 — w U � J } Z J U 7 W J JENSE MLa W w p �as p F 1 Iq 11� � c a�� PLANT PALETTE e �°c ®R[I E L6 a. O mee L 051 IQ o TA-` t- 4 ti m Z NOTES g J w a � w rc rew � W p JENSE BELTS - d w ll ll � C L/t Page 26 ohs PLANT FIAL.F77E IN —I- MIR 'TAY"l VINYL PRIVACY FENDE G TREE PLANTING/STAKING eku. ill V,1! N07Ee z SHRUB RL—Tl NO IRON FENCE Z LANDSCAPE CALCULATIONS Yl M, I I I v) _LL V) L w DEVELOPMENT DATA Lj L Li x W < -j >- @) PLANTER CUT BED EO&EImo aye no rza..ev -J 0 0 W L 711-1 JEI E ELTS El' T I 4—E Page 27 D. Qualified Open Space Exhibit(dated: 12/10/2023) OPEN SPACE EXHIBIT FOR REVEILLE RIDGE SUBDIVISION 8€ CD --- -- ®� f LY jL 0 ®®® � E n 2z — - ® X p Z a 0 o 7 w a w o 0 � p�OS Page 28 E. Conceptual Building 1 detached: 1 ■� of 11 � ._ _ i ..- 01 .:.rrT On Page 29 i l i , i - �I I �T 1 f - 4 � r F �• l k Page 30 Front-load II . ti f -411 74 Page 31 • � t ' t ti r Alley-loaded townhomes: 0 VF _ e Fr Page 32 F. Common Driveway Exhibit 4� O� 2 r r P ; 0, qOl %r Vl � 1 r! 3,200 iP ti '! _ ♦ f 2,500 sf 3,200QQ sf r 1.602 sf �� !r . • 55�Q, .` 3.200 sf o 1 ti 2. REVEILLE RIDGE PRELIMINARY SHARED—ACCESS EXHIBIT LOT 51 BLOCK 16 FOR LOTS 52 53 & 54 BLOCK 16 alley Engineering, Inc. 20 0 10 20 40 CIVIL ENGINEERING I PLANNING I CADD 1119 E.STATE STREET,SUITE 210 TEL 208-93MO13 SCALE IN FEET EAGLE,ID 83616 www.6aileyengineers.com 1'=20' Page 33 G. Product Type Exhibit Map PRODUCT EXHIBIT MAP FOR REVEILLE RIDGE SUBDIVISION eow � o R-8 ZONE " 34.691 AC 124— STIR GROSS DENSITYo,.,,,� 124/34.691-3.57 I 6 II III, d Z U 0 Z E Lf 0 W li \ N a w 0 R-15 ZONE X 25.278 AC — — 1 ❑ > 62— TOWNHOME — — — ;+�„ __ H w 46— STIR 14— DUETS GROSS DENSITY J 122/25.278-4,83 mm.� .�mm,a,_,m•,., —1-- --- ---��—I: 0 O W wo 011 Page 34 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 date of City Council approval of the Findings of Fact, Conclusions of Law and Decision&Order for the annexation request. A final plat application will not be accepted until the property is annexed(i.e. the ordinance and development agreement are recorded). 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 generally comply with the development plans submitted with this application, included in Section VIII, and the provisions contained herein. b. A 10-foot wide detached sidewalk/multi-use pathway shall be provided within the required street buffers along all collector and arterial streets within and adjacent to the site(i.e. S. Eagle Rd.,E. Vantage Pointe and St L). c. The rear and/or sides of homes on lots that face collector(E.Vantage Pointe& St L)and arterial (S. Eagle Rd.) streets shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches, balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public streets. 2. The final plat shall include the following revisions: a. Depict a minimum 20-foot wide street buffer in a dedicated buffer easement on lots adjacent to E. Vantage Pointe and St L,collector streets,labeled accordingly. b. Depict the future curb location as anticipated by ACHD along S. Eagle Rd.; and a minimum 25- foot wide street buffer,measured from the ultimate curb location. c. Depict 10-foot wide detached sidewalks/multi-use pathways within the required street buffers along all collector and arterial streets within and adjacent to the site(i.e. S. Eagle Rd.,E. Vantage Pointe and St L). d. Depict zero(0)setbacks on lot lines where townhomes are proposed to span across where no easements will exist. e. Graphically depict and label the 30-foot wide easement for the Farr Lateral,measured from the centerline of the lateral, located on Lot 17,Block 2. £ Perpetual ingress/egress shall be required either by a recorded easement or as a note on a recorded final plat. The easement or plat note shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C- 3D.8. g. Depict 10-foot wide detached sidewalks/pathways along all collector and arterial streets within and adjacent to the site(i.e. S. Eagle Rd., E.Vantage Pointe and St L). Parkways shall comply with the standards listed in UDC 11-3A-17E. h. Graphically depict the 75-foot wide easement for the Williams Pipeline. Page 35 — i. Depict a 10-foot wide sidewalk along one side of Taps to between the Williams pipeline pathway and the Farr Lateral pathway. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Depict a minimum 20-foot wide street buffer in a dedicated buffer easement on lots adjacent to E. Vantage Pointe and St L,collector streets,labeled accordingly. b. Depict the future curb location as anticipated by ACHD along S. Eagle Rd.; depict a minimum 25-foot wide street buffer,measured from the ultimate curb location. c. Depict landscaping with a mix of materials within the street buffers along S. Eagle Rd.,E. Vantage Pointe and St L,in accord with the standards listed in UDC 11-3B-7C3; include calculations that demonstrate compliance. d. Include mitigation information for all existing trees being removed from the site in accord with the standards listed in UDC 11-3B-IOC 5. e. Depict 10-foot wide detached sidewalks/multi-use pathways within the required street buffers along all collector and arterial streets within and adjacent to the site(i.e. S. Eagle Rd.,E. Vantage Pointe and St L). f. Depict landscaping with a mix of materials along each side of all pathways, in accord with the standards listed in UDC 11-3B-12C.Note:Alternative compliance may be requested for the trees along the pathway in the Williams pipeline easement as set forth in UDC 11-5B-5. g. Change the fencing type along the northern boundary on the western portion of the site adjacent to the common open space with a pathway in Vertex Subdivision to 5-foot tall wrought iron fencing in accord with UDC 11-3A-7A.7b. h. Extend the 10-foot wide multi-use pathway to the south through Lot 1,Block 14 for future extension to the south. i. Extend the 10-foot wide multi-use pathway along the Farr Lateral in Lot 16,Block 2 (in the vicinity of Lot 6, Block 2)to the northwest to connect to the multi-use pathway in Vertex Subdivision to the north. j. Include a detail for the picnic areas on Lot 1,Block 16 that includes tables,benches, landscaping and a structure for shade to demonstrate compliance with UDC 11-3G-4C.5. k. Depict a 10-foot wide sidewalk along one side of Taps to between the Williams pipeline pathway and the Farr Lateral pathway. 1. Depict fencing along Lot 51,Block 16 to distinguish common from private areas as set forth in UDC 11-3A-7A.7a. in. Depict a 5-foot wide landscape buffer planted with shrubs, lawn or other vegetative groundcover along the southwest side of the common driveway on Lot 51,Block 16 in accord with UDC II- 6C-3D.5. n. Depict details for the picnic area,tot lot,bike repair station and fitness course amenities that demonstrate compliance with the standards for such listed in UDC 11-3G-4C D, E and F. 4. All irrigation ditches,laterals, sloughs or canals, including the Farr Lateral, crossing this site shall be piped or otherwise covered as set forth in UDC 11-3A-6B.3,unless waived by City Council. The Applicant requests approval of a waiver from Council to leave the lateral open. 5. All existing structures shall be removed from the site prior to submittal of the final plat for City Engineer signature. Page 36 6. Comply with the subdivision design and improvement standards listed in UDC 11-6C-3. 7. Submit a 14-foot wide public pedestrian easement for the multi-use pathway within the Williams Pipeline easement and along the Farr Lateral,as required by the Park's Dept. in Section IX.G below. 8. Comply with the Williams Developer's Handbook for any development and/or improvements within the Williams pipeline easement. 9. The open water pond on Lot 1, Block 16 shall have recirculated water and be maintained such that it does not become a mosquito breeding ground as set forth in UDC H-3G-3B.6. 10. Future development of Lots 52-54,Block 16 shall be consistent with the common driveway exhibit included in Section VIII.F and the standards listed in UDC 11-6C-3D. 11. Modify the phasing plan to switeh Phases '' ^^a 3. Future development shall comply with the modified phasing plan in Section VII.B. 12. An administrative design review application shall be submitted for the single-family attached and townhome structures to ensure compliance with the design standards listed in the Architectural Standards Manual. 13. Future development shall substantially comply with the product type exhibit in Section VIII.G. 14. 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 https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=330721&dbid=0&repo=MeridianCity C. FIRE DEPARTMENT https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=330723&dbid=0&repo=MeridianCity D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.org/WebLink/Doc View.asp x?id=331450&dbid=0&repo=MeridianCity&cr =1 E. ADA COUNTY DEVELOPMENT SERVICES(ACDS) https://weblink.meridiancioy.orglWebLinkIDocView.aspx?id=331625&dbid=0&repo=MeridianCioX F. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancit .00rg/WeUink/Doc View.aspx?id=3 3 18 78&db id=0&rep o=Meridia n City G. PARK'S DEPARTMENT https://weblink.m eridian city.org/WebLink/Doc View.aspx?id=333344&dbid=0&repo=Meridian City Page 37 H. BOISE PROJECT BOARD OF CONTROL https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=333138&dbid=0&repo=MeridianCity I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciN.orglWebLinkIDocView.aspx?id=337083&dbid=0&repo=MeridianCiU J. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridianciN.org/WebLink/DocView.aspx?id=334422&dbid=0&repo=Meridian City&cr =1 K. KUNA SCHOOL DISTRICT https://weblink.meridianciU.org/WebLink/DocView.aspx?id=345996&dbid=0&repo=Meridian City&cr =1 X. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds the Applicant's request to annex the subject property with R-8 and R-1 S zoning and develop with a mix ofsingle family attached, single-family detached and townhome dwellings on the site at the densities proposed 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 Commission finds the proposed map amendment to the R-8 and R-1 S zoning districts and development with a mix of housing types 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 Commission finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent existing and future single-family residential homes/uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The Commission finds City services are available to be provided to this development. Comments were not received from WASD on this application but were received from Kuna School District(see Section IX above).. Page 38 5. The annexation(as applicable)is in the best interest of city. The Commission finds the proposed annexation is in the best interest of the city. B. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The Commission 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 Commission finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The Commission finds the 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 Commission 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 Commission finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) The Commission is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 39 W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Cityside Storage (H-2023-0058) by Peter Stuhlreyer, Designhaus Architecture, LLC., located at 2755 N. Eagle Rd. Application Materials: https://bit.ly/H-2023-0058 A. Request: Conditional Use Permit to allow for a 4-story self-storage facility and increase the building square footage from 32,500 to 135,000 on 2.08 acres of land in the C-G zoning district. B. Request: Development Agreement Modification to modify the existing Development Agreement to allow a 4-story self-storage facility and increase the building square footage from 32,500 to 135,000 on 2.08 acres of land in the C-G zoning district. PUBLIC HEARING SIGN IN SHEET DATE : May 7, 2024 ITEM # ON AGENDA : 22 PROJECT NAME : Cityside Storage ( W2023 - 0058 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 1 � r s� 367b � � L� ) X ►Ic'7h� 2 J e� vyor3GG S 11/ , L L % 3 4 5 6 7 8 9 10 11 12 13 i 14 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING May 7,2024 Legend DATE: ■Project Location TO: Mayor&City Council FROM: Linda Ritter,Associate Planner 208-884-5533 SUBJECT: H-2023-0058 Cityside Storage—MDA, CUP LOCATION: 2755 N. Eagle Road in the NE '/4 of Section 5,Township 3N.,Range 1E. T I. PROJECT DESCRIPTION Modification to the existing Development Agreements (DA)(Inst. #104107406 amended as Inst. #107044347)to exclude the subject property and parcel#R0945580265,which limits the types of uses and building square footage to 32,500. The new DA would allow one of the properties to develop with a storage facility and increase the building square footage to 135,000 square feet with a building footprint of 32,500; and a Conditional Use Permit for a storage facility, self-service. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 2.08 acres Future Land Use Designation Mixed-Use Regional(MU-RG) Existing Land Use Vacant Proposed Land Use(s) Storage Facility, Self-Service Current Zoning 1111M General Retail&Service Commercial(C-G) Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date;#of 9/26/2023 via Zoom; 0 people attended attendees: History(previous approvals) AZ 05-057,RZ-05-019,PP-05-019,CUP-05-052,PS-05-002,FP-07-012, and DA Instr.#1040107406&#107044347; PBA-2022-0021 Page 1 i • p - p 1 1 1 Legend -• - • ' 1Project Lo ation J Project • • • ff US•IIC � - � `,� � • US IC , *• . 1.1: ON ui d MEMO 11 FAIRVIEW —+ ° a • - a ;" _ 1 FAIRVIEW ■ .:x....xn. U'ALJ'-'�h IYlIY1J. Il C�+�•J-y:..:...:_,L -�- UAI:J�i1�W E':..nn:�••e'^.:".-==r!111:::1.. � I�'.- 1 r 1 • � 1 1 -• - • ' LegendProject Location _= i City Limits IN. Planned Parcels WHIP USTICI�,�. J!►se _P `fie...'�j�a �,,I , ::: O UXJU_I __:in:.:y..:::7.i •y.�►: ■ I����r■\ FTAIR_ ■iaS ■���a . I. III. APPLICANT INFORMATION A. Applicant: Peter Stuhlreyer,Designhaus Architecture,LLC—3300 Auburn Road, Suite 300,Auburn Hills, MI 48236 B. Owner: Kent Hosac— 1775 W. State Street, Suite 340,Boise,ID 83702 C. Agent/Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 3/5/2024 Radius notification mailed to properties within 500 feet 3/l/2024 Public hearing notice sign posted 3/6/2024 on site Nextdoor posting 3/4/2024 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN): A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) This property is designated Mixed Use Regional on the Future Land Use Map(FLUM). This designation provides a mix of employment,retail,and residential dwellings and public uses near major arterial intersectionss for a full range of commercial uses to serve area residents and visitors. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. Desired uses may include entertainment uses,major employment centers, clean industry,and other appropriate regional-serving most uses. Sample zoning include: R-15, R-40, TN- C, C-G and M-E. No changes to the FLUM designation or zoning is proposed with this application. B. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan): 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): • "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 of the property proposed to be annexed with development in accord with UDC 11-3A-21. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) Page 3 Storage facilities, self-serviced is an allowed use in the C-G zoning district through an approved conditional use permit.Although the operation of a storage facility could be fairly low impact, the current development agreement does not allow the use. Stafffeels the design of the proposed development is not compatible for the following reasons: o Excessive Height: The proposed building is set to exceed the height of the tallest building in the immediate area significantly. This excessive height can lead to issues such as visual impact, overshadowing neighboring structures, or altering the character of the area. o Visual Impact: The disproportionate height of the building may disrupt the visual harmony of the surrounding area. It could potentially create an eyesore or clash with the existing aesthetic. o Overshadowing: The height of the proposed building might cast shadows over neighboring structures, impacting their natural lighting and potentially their functionality. o Character of the Area: The proposed development may alter the character of the neighborhood or area. Maintaining compatibility with existing structures is crucial for preserving the overall aesthetics and functionality of the neighborhood. • "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) With development a landscaped street buffer will be required along N. Cajun Lane. There is an existing pathyway along the south side of the property in which the applicant is proposing additional buffer for the residential properties to the south in accord with UDC standards. • "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 with development;services are required to be provided to and though this development in accord with current City plans. • "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01 C) A 25 foot wide street buffer is required to be provided with development along N. Eagle Rd., an arterial street,per UDC Table 11-2B-3, landscaped per the standards in UDC 11-3B-7C. There is an existing landscape buffer along N. Eagle Road. The property owner is proposing an additional ten (10)feet of landscaping along N. Eagle Road which exceed the required UDC standards. • "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) Access to the property is via N. Cajun Lane, a private road. There is no direct access to N. Eagle Road from the property. Page 4 • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Curb, gutter and sidewalk was constructed with the road widening project along N. Eagle Rd. Hook-up to City water and sewer service is required with development. • "Support beautiful and high quality development that reinforces neighborhood character and sustainability."(5.01.02) Although the design of the building may be acceptable, the proposed building is set to exceed the height of the tallest building in the immediate area significantly. This excessive height can lead to issues such as visual impact, overshadowing neighboring structures, or altering the character of the area. • "Support and protect the identity of existing residential neighborhoods."(5.01.02E) Staff feels this proposal does not protect the identity of the existing residential neighborhood as the height of the proposed storage facility exceeds the tallest building in the immediate area by a significant margin. This may lead to visual impact, overshadowing neighboring structures, or altering the character of the area.Maintaining compatibility with the existing structures can be crucial for the overall aesthetics and functionality of a neighborhood or area. VI. STAFF ANALYSIS The Applicant proposes to develop this site with a four(4) story self-service storage facility containing 777 units and 15 exterior drive up self service storage units in climate controlled structures for a total of 792 units. The proposed use is subject to the following Specific Use Standards(UDC 11-4-3-34)—Storage Facility, Self-Service: (Staff analysis in italics) A. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited. B. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with Chapter 3,Article E, "temporary use requirements", of this Title. C. The distance between structures shall be a minimum of twenty-five(25) feet. D. The storage facility shall be completely fenced,walled, or enclosed and screened from public view. Where abutting a residential district or public road, chain-link shall not be allowed as fencing material. E. If abutting a residential district,the facility hours of public operation shall be limited to 6:00 a.m. to 11:00 p.m. F. A minimum twenty-five-foot wide landscape buffer shall be provided where the facility abuts a residential use,unless a greater buffer width is otherwise required by this title. Landscaping shall be provided as set forth in subsection 11-3B-9.0 of this Title. G. If the use is unattended,the standards in accord with Section 11-3A-16, "self-service uses", of this Title shall also apply. The use will be unattended. H. The facility shall have a second means of access for emergency purposes as determined by the Fire Marshal. Page 5 I. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. J. The site shall not be used as a"vehicle wrecking or junk yard" as herein defined. K. For any use requiring the storage of fuel or hazardous material,the use shall be located a minimum of one thousand(1,000)feet from a hospital. Dimensional Standards (UDC 11-2): The proposal would meet the dimensional standards for setbacks, landscape buffers,parking and height requirements. However, the existing development agreement does not allow storage facilities as a use without an amendment. Staff ,finds the proposed storage facility, self-service if approved at the requested height and square footage would not maintain compatibility with existing structures which is crucial not only for aesthetics but also for the functional integration of the new development into the community. The proposed height will not be harmonious with adjacent residential and commercial uses and will negatively impact these uses as it may lead to overshadowing of neighboring structures, and alterations to the area's character which are a concern. Therefore staff recommends the building height not exceed 35 feet in height which is consistent with the adjacent stuctures in the area. Hours of Operations(UDC 11-213-313): The UDC(11-2B-3B) limits business hours of operation in the C-G zoning district from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district; extended hours may be requested through a CUP. These restrictions apply to all business operations occurring outside an enclosed structure, including,but not limited to,customer or client visits,trash compacting, and deliveries. These restrictions do not apply to business operations occurring within an enclosed structure,including,but not limited to,cleaning,bookkeeping, and after hours work by a limited number of employees. The applicant is proposing to operate the business within the following hours:Monday through Sunday- 6 a.m. to 11 p.m. Access(UDC 11-3A-3,11-3H- Access to the site is from the existing forty foot(40)private road N. Cajun Lane via Ustick Road or E. Seville Lane from N. Eagle Road. There is no direct access to the property from N. Eagle Road. Parking(UDC 11-3C): A minimum of one(1) off-street parking space is required for every 500 square feet(sf.) ofgross floor area of the office space—parking is not required for the storage structures. Based on 862 sf., a minimum of one(1)parking space is required.A total of eight(8)parking spaces are proposed, exceeding UDC the minimum standards. A minimum of one (1) bicycle parking space is required for every 25 vehicle parking spaces per UDC 11-3C-6G. Bases on eight(8) vehicle parking spaces, a minimum of one(1) bicycle parking space is required.A bicycle rack is depicted on the landscape plan. Sidewalks(UDC 11-3A-1 : There is an existing detached ten (10)foot sidewalk along N. Eagle Road and an existing five(5) foot sidewalk along N. Cajun Lane. Per the Parks Department, multi-use pathways already exist in this area. No additional pathways are required with this project. Pedestrian lighting along Page 6 Eagle Road shall meet the requirements of UDC 11-3H-4C post and luminaire. Historical type lighting per the Meridian city standard specifications, except the height shall be fourteen (14) feet. Landscaping(UDC 11-3B): There is an existing twenty(20)foot landscape buffer with a ten (10)foot detached sidewalk along N. Eagle Road an arterial street. The property owner is proposing an additional ten (10) feet of landscaping along N. Eagle Road which shall be installed per the standards listed in UDC 11-3B-7C. A 25 foot wide buffer is required to the residential land use to the north as set forth in UDC Table 11-2C-3 and 11-4-3-34F, landscaped per the standards listed in UDC 11-3B-9C. There is existing landscaping along the multi-use pathway along the southern property boundary which was installed with the previous development per the standards listed in UDC 11-3B-12C. There are no existing trees on this site other than the landscaping along the pathway which will not be removed and protected during construction. Fencing(UDC 11-3A-6,11-3A-7)• The site plan depicts a faux stucco wall enclosing the property. Outdoor Lighting(UDC 11-3A-111 All outdoor lighting is required to comply with the standards listed in UDC 11-3A-IIC. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting; the bulb shall not be visible and shall have a full cutoff shield in accord with Figure I in UDC 11-3A-11 C. Utilities (UDC 11-3A-21): Water and sewer services were installed with the construction of N. Cortona Way and stubbed to the parcel. Street lights were installed to the east across N. Cortona Way with the construction of N. Cortona Way. No additional street lights are being proposed with this development. Waterways(UDC 11-3A4mj: There are no waterways on the property. The Finch Lateral is located on the property to the south. Structure and Design Standards (UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structure as shown in Section VIII(C). Building materials consist of metal panels and stone pattern tiles. Final design is required to comply with the design standards in the Architectural Standards Manual(ASM) and the recorded agreement. DEVELOPMENT AGREEMENT MODIFICATION(MDA) The Applicant is requesting a modification to the existing Development Agreement [Inst. #107044347 to include storage facility as an allowed use and increase the building square footage to 135,000 square feet with a maximum buiding footprint of 32,500 square feet. This requires City Council action with a recommendation from the Planning Commission on the requested height and square footage. The existing development agreement only allows uses such as retail,restaurant and office. A storage facility is not considered office nor retail as UDC 11-1A-1 defines retail as follows: Page 7 The use of a site that offers merchandise to the public for monetary compensation. The use includes, but is not limited to, convenience stores;food stores; apparel and accessories stores; book, computer, and music stores; electronics and appliances;florists;furniture and home furnishings;general merchandise stores; health and personal care stores; hobby, office supplies, stationery and gift stores;specialty stores;sporting goods; and used merchandise stores. Therefore, storage facility is not allowed without an amendment to the existing development agreement. The existing development agreement has a maximum square footage of one single building in the C- G portion of the project that shall not exceed 32,500 square feet. The applicant's request is almost four(4)times the square footage for the proposed storage facility than allotted to the existing commercial businesses within this subdivision. Staff recommends the applicant enter into a new development agreement(DA) as there are too many owners subject to the previous agreements.The new DA should also include parcel number R0945580265 along with a revised concept plan and commercial/office building elevations showing future development of this parcel.A provision in the new DA will limit the height of all buildings to a maximum height of thirty-five(35)feet.Fifteen(15) days prior to the City Council hearing,the applicant should provide a revised concept plan,commercial/office building elevations, and a legal description of the property that will be subject to the new DA. A comparison table was put together showing the square footage of the existing buildings in the area. Square Footage Comparison Table Development Name Address Square Feet Cityside Storage 2775 N. Eagle Rd 126,084 Discount Tire 2821 N. Eagle Rd 6,947 Mason Retail Bldg 2847 N. Eagle Rd 5,904 Mason Creek Retail Bldg 2959 N. Eagle Rd 7,682 Duplexes Bienville Square No. 2 &3—R-15 SFRs Bienville Square subdivision-R-8 Page 8 f 54.5' 1 Y The comparison table showing the height of existing buildings in the area is a valuable tool for assessing the proposed development's impact on the neighborhood's visual harmony and overall character. A 64%increase in height compared to the tallest building in the immediate area is a significant difference that warrants careful consideration. Visual impact, overshadowing of neighboring structures, and alterations to the area's character are a concern.Maintaining compatibility with existing structures is crucial not only for aesthetics but also for the functional integration of the new development into the community. The proposed development should enhance rather than detract from the overall quality and character of the area. Height Comparison Table Development Name Address Height Cityside Storage 2775 N. Eagle Rd 54.5' Discount Tire 2821 N. Eagle Rd 26' Mason Retail Bldg 2847 N. Eagle Rd 30.2' Mason Creek Retail Bldg 2959 N. Eagle Rd 25.46' Duplexes Bienville Square No. 2 &3—R-15 24.6' SFRs Bienville Square subdivision-R-8 35' The applicant feels the proposed location will create a better transition with the existing residential areas by moving the mass of the building away from those residential areas and towards Eagle Road Page 9 to the east and the existing commercial to the north. The applicant also feels the scale of the building makes the project much more economically feasible since the high cost of the land can be spread across more units. Third,the applicant states the proposed height of 54.5 feet conforms with the existing C-G zoning allowance of 65 feet,which was a significant consideration in the developer's decision to purchase the land. Although the applicant has put forth several arguments in favor of the proposed location and building scale, emphasizing the transition with existing residential areas, economic feasibility, and adherence to zoning regulations. Staff has concerns regarding the compatibility of the proposed building with the surrounding structures. The applicant's points about transitioning the mass of the building away from residential areas, optimizing economic feasibility through scale, and conforming to the existing zoning regulations are significant factors. However, it's crucial to consider the visual and architectural harmony within the surrounding context. The images provided by the applicant and staff suggest that the proposed building may not blend well with the immediate area,particularly in comparison to the existing structures. The suggestion made during the preapplication meeting,recommending a design that aligns better with the development on the east side of Eagle Road where multi-story apartment buildings are prevalent, could be a valid consideration. Balancing economic feasibility,zoning regulations,and aesthetic integration into the existing environment is often a complex task. It may be beneficial for the applicant to explore design modifications that address the visual compatibility concerns while still meeting their economic objectives and conforming to zoning requirements. Looking West AL Page 10 rTM Ar� " 'J.'h �ti. 1 f I hCt gill .T F F ■ ■ Existing Development East of the Proposed Project(East Side of Eagle Road) all ��.!�� _° ax� as•. as a�■ 'av �.. Based on the information provided above, staff is not in favor of recommending approval of the Development Agreement modification to increase the square footage from 32,500 to 135,000 with a 32,500 building footprint. Staff is in favor of recommending approval of the Development Agreement modification and CUP for a storage facility with a maximum height of 35 feet and building square footage of 32,500. VII. DECISION A. Staff: Approval: Staff recommends approval of the proposed modification to the Development Agreement and Conditional Use Permit per the DA provisions and conditions in Sections IX and the Findings in Section X. B. The Meridian Planning&Zoning Commission heard this item on March 21, 2024.At the public hearing,the Commission moved to recommend approval of the subject Conditional Use Permit request. I. Summary of Commission public hearing_ a. In favor: Ken Hosac, CEO of Hosac Ventures,property owner b. In opposition: Commissioner Sandoval C. Commenting: Veda Ballard Page 12 d. Written testimony:None e. Staff presenting application: Linda Ritter,Associate Planner f Other Staff commenting on application:None 2. Key issue(s) public testimony a. Proposed height of the storage facility 3. Key issue(s)of discussion by Commission: a. Proposed height of the storage fg acility. 4. Commission change(s)to Staff recommendation: a. The height be less than 54.5 feet as determined by the Council. 5. Outstandingissue(s)sus)for City Council: a. None Page 13 VIII. EXHIBITS A. Site Plan (12/06/23) fx ARE Em &I ��77] ufj` 5 N.Eagle Rd. Proposed 454eFy Cill Curi Goff St-ge Building 31,521 G5F P,,11- 126,084 GSF Total 3— —1 L 3- �S, UJI Zi B. Landscape Plan(12/06/23) --- -------------------- A== 1-17, 2755 14 Eagle Rd. all C rtriclied Sao Storage Building 31.521 G.SF Per Flo 125.084 GSFTtol WN wim Rif I bit Page 14 C. Building Elevations (12/06/23) (NOT APPROVED) o wig .................01 1771 MMr all - D � C � S UyI ® W K U kOANIPo�d'AT30Po 9�iHR _ O - m o 2 PoO�Po �w k O I � O E � A2.1 o� WIC o = � W U�GWEB'�N9Po S O �_ o a o a z F O a az,2 Page 15 -1 w Q U i O 4 � a I s'a _ V @1J`.0 ao �J \J Hal l} D.Existing Development Agreement 4. USES PERMITTED BY THIS AGREEMENT: The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code§ 11-2A-2 and 11-2B-2 which are herein specified as follows: Construction and development of up to 54 Single Family Residential lots,22 Multi Family Residential lots, 14 common lots and up to 7 commercial/office lots(to include up to 65,000 square feet of retail/restaurant/and office uses in the proposed C-G zone)pertinent to AZ-05-057, PP-05-059, RZ-05-019, PS-05-002 and CUP-05-052 applications. Part of the 28.48 acre site was approved for annexation with a Development Agreement in April,2004 under the name of Kissler Annexation(file no. AZ 03-018). The DA, instrument no. 104107406,requires that anyfuture use be approved either though a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the application for informational purposes. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. Page 16 5. DEVELOPMENT IN CONDITIONAL USE: Owner/Developer has submitted to City an application for conditional use permit site plan dated February 13, 2006, and shall be required to obtain the City's approval thereof, in accordan.ce to the City's Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on th.e Property that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. Except for the single family Jots,all future buildings on this site shall require approval of design review at staff level prior to submittal of any Certificate of Zoning Compliance application and/or building permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The site has an existing development agreement fustrument No. 104107406. The entire 28.48 acres shall have a new development agreement which shall incorporate the DA from the prior approval of 2003-2004 and include any further restrictions as detailed in this report. 2. That all future uses shall not involve uses,activities,processes,materials,equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes,glare or odors. 3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 4. That the applicant be responsible for all costs associated with the sewer and water service extension. 5. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service,per City OrdinanceSection 5-7-517,when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 6. That the maximum building footprint square footage of the C-G portion of the project shall not exceed a 20%increase or decrease of 54,000 sq. ft. for a minimum of 43,200 sq. ft. and a maximum of 65,000 sq. ft. That the maximum square footage of one single building in the C- G portion of the project shall not exceed 32,500 square feet,which is approximately%2 of the maximum allowable commercial square feet on this property. 7. That prior to issuance of any certificate of zoning compliance all landscaping shall be constructed along the southern and eastern property boundary and along Eagle Road to the point of connection with adjoining projects. The commercial/office lots should include either a permanent easement or be redesigned to include landscaping in common lots. 8. The applicant has committed a plan to provide a pathway with specific fencing along the southern and western boundaries. The fencing plan shall be constmcted as detailed at the public hearing on April 4,2006. 9. The applicant has shown several elevations for both the alley accessed residential, condominium, and detached single family residential products. The elevations shall be in Page 17 substantial confonnance to the elevations presented at the April 18,2006 hearing. These elevations shall have similar modulation and treatments to the elevations presented to council as determined by the Planning Director. 10. The elevations for the commercial/office buildings shall substantially comply with the elevations submitted by the applicant at the April 18,2006 hearing. Further,the applicant shall coordinate with the developer of Sadie Creek Promenade to create a unified appearance throughout both projects. 11. The applicant shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multi use pathway,bridge maintenance, and landscaping along the Finch Lateral. E. Applicant's Proposed Modifications to the Development Agreement Lanaguage Provisions with Proposed Changes in Strike-Out/Underline Format: 4 USES PERMITTED BY THIS AGREEMENT: 4.1 Genstmetion and develepmen4 of up to 54 Single Family Residential lots, 22 Multi Fawi4y Residential lots, 14 eemmen lots a-ad W to 7 eew.-Aer-eiatleffiee lots(to ineltide W to 65,000 squar-e feet of retail/fesidepAial/and offiee uses in in the proposed C G zone)peffinent to AZ 4.3 The construction and development of a self-storage facility on Parcel No. R0945580275 (2755 N. Eagle Road)with combined building footprints of up to 36,000 square feet and a combined dross building area over multiple stories of up to 135,000 square feet. Change: We propose to add a new Section 4.3 that specifies the use self-storage use and adds (for our parcel) the combined building footprints (36K so and the combined building area (135K sj). Note: The 3Yd Addendum (518114) inadvertently deleted the commercial/office language in Section 4.1 of the 2nd Addendum (2121113), so the original commercial/office language technically no longer exists. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1.6 T-ha4 the maximum square footage of the G G pai4ian of the pr-ojeet shall fiet&Eeeed a 65,000 sq. A. That the maxiffmm squafe footage of one single building in the C G pet4ion 0 l ,�of the maximu allowable, .,l square feet o this p pe ft.. 6.1.6 The maximum square footage for the footprint of a single building within the C-G portion of the project shall not exceed 32,500 square feet. The maximum square footage for the combined footprints of all buildings within the C-G portion of the project shall not exceed 75,000 square feet. Change: We propose to change the restrictions to limit "building footprints"rather than "building area", with limits of 32.5K sf for a single building and 75K for the entire commercial subdivision. Note: The Pt Addendum (3129107)specifies building area limits of 32.5K sffor a single building and 65K sf for the entire commercial subdivision. The footprints of the existing buildings total 28,247 sf(according to the Ada County Parcel Viewer). Page 18 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1.10 The elevations for the eonvnereiaPeffiee boildings shall substantially comply with th elevations submitted by the applieant at the April 18, 2006 hearing. Further-,the appliewnt shall eeor-dineAe with the de�,,eloper of Sadie Greek Promenade to erea4e a tMi 6.1.10 The elevations for the proposed buildings on Parcel No. R0945580275 (2755 N. Eagle Road) shall comply with the elevations in the CUP approved concurrently with this 5th Addendum. Elevation requirements for all other commercial/office buildings in the C-G portion of the project shall remain unchanged. Change: Comply with the new elevations contained in our CUP application rather than the elevations originally submitted on 4118106. Note: The Is`Addendum (3129107)specifies compliance with the elevations submitted by the former applicant on 4118106. IX. CITY/AGENCY COMMENTS A. PLANNING DIVISION 1. Development Agreement Modification Fifteen(15)days prior to the City Council hearing,the applicant shall provide the revised concept plan that includes parcel R0945580265,commercial/office building elevations and a legal description of the property subject to the new DA. 1.1 The new DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council approval of the Findings. The DA shall,at minimum,incorporate the following provisions: a. Future development of this site shall be generally consistent with the concept plan and conceptual building elevations included in Section VIII and the provisions contained herein. b. The future use of this site is limited to the self-service storage facility, office, and retail uses. All buildings shall not exceed thirty-five(35) feet in height. 2. Conditonal Use Permit 2.1 The Applicant shall comply with the specific use standards listed in UDC 11-4-3-34—Self- Service Storage Facility. 2.2 Outdoor lighting shall comply with the standards listed in UDC 11-3A-11. Lighting details shall be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with these standards. 2.3 Add decorative pedestrian lighting along Eagle Road that meet the requirements of UDC 11- 3H-4C post and luminaire. 2.4 Protect the existing landscaping on the site during construction,per UDC 11-3B-10. 2.5 The facility hours of public operation shall be limited to 6:00 a.m. to 11:00 p.m. because the property abuts a residential zoning district per UDC 11-4-3-34E. 2.6 A Certificate of Zoning Compliance and Design Review application is required to be submitted to the Planning Division and approved prior to submittal of a building permit application. Page 19 2.7 The conditional use permit is valid for a maximum period of two (2)years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-5B-6F. B. PUBLIC WORKS https:llweblink.meridiancity.orylWebLinkIDocView.aspx?id=331424&dbid=0&repo=MeridianC hty C. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=331434&dbid=0&repo=MeridianC D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=331434&dbid=0&r0o=MeridianC hty E. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancity.orgJ ebLink1DocView.aspx?id=331434&dbid=0&repo=MeridianC X. FINDINGS Conditional Use(UDC 11-5B-6) Findings: The commission shall base its determination on the conditional use permit request 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. Staff finds the site is large enough to accommodate the proposed use (i.e. storage facility, self- service)and can meets all of the dimensional and development regulations of the C-G zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Stafffinds the proposed storage facility, self-service if approved at the requested height and square footage would not maintain compatibility with existing structures which is crucial not only for aesthetics but also for the functional integration of the new development into the community. The proposed height will not be harmonious with adjacent residential and commercial uses and will negatively impact these uses as it may lead to overshadowing of neighboring structures, and alterations to the area's character which are a concern. 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. Stafffinds the proposed height exceeds the tallest building in the immediate area by a significant margin, and may lead to overshadowing of neighboring structures, and alterations to the area's Page 20 b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. Page 22 character which are a concern. Maintaining compatibility with the existing structures is crucial for the overall aesthetics and functionality of a neighborhood or 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. Staff ,finds the proposed storage facility, self-service if approved at the requested height and square footage would not maintain compatibility with existing structures which is crucial not only for aesthetics but also for the functional integration of the new development into the community. The proposed height will not be harmonious with adjacent residential and commercial uses and will negatively impact these uses as it may lead to overshadowing of neighboring structures, and alterations to the area's character which are a concern. 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. Staff ,finds the proposed use can be served by essential public facilities and services as required; the proposed use (i.e. storage facility, self-service) will not have an impact to the provision of services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Stafffinds the proposed use (i.e. storage facility, self-service) will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes,glare or odors. Staff ,finds the proposed use (i.e. storage facility, self-service), will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic, noise, smoke,fumes, glare or odors. Stafffinds the proposed storage facility, self-service if approved at the requested height and square footage would not maintain compatibility with existing structures which is crucial not only for aesthetics but also for the functional integration of the new development into the community. The proposed height will not be harmonious with adjacent residential and commercial uses and will negatively impact these uses as it may lead to overshadowing of neighboring structures, and alterations to the area's character which are a concern. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Stafffinds the proposed use (i.e. storage facility, self-service) will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. Page 21 C i E IDIAN.;--- Agenda Item Applicant Presentation CItYS 'Ide Storage H-2023-0058 May 7, 2024 - • Council 1 ,I FA x ARK D L E CitySide Storage Design Team Owner Architect HV-55 LLC Designhaus Architecture LLC Ken Hosac, Manager Peter Stuhlreyer, Chief Architect Developer Land Use Consultants Hosac Frank Ventures LLC Rodney Evans + Partners (RE+P) Ken Hosac, Manager Rodney Evans, Principal Bern Semple, Principal H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Request • Approve DA Modification • Approve CUP • Approve site plan • Approve height at 48' plus necessary architectural features • Approve the design as proposed with the massing as proposed H-2023-0058—May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage x: �i•{vxs s a2 rig. � �.`* ,l � �'.,� c *��N .3,�a .tom— s� • a� � .` .,�e �. �, ,_ ..� a �"w� .,f�?� �� Ustick All TI 2-1 1 OF low - . Yam:,v.s ti{h,san ',{ �• •, r H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage 11ti all r q 0 tj F. -P &1141 �� it + _ pfMOf�f�L4k4.4�7 a.�►UC� :; 4 L / fPmTwr:IRF-'A L I i Lb q L ti Fr Pwr4H0LLd Lir6Lk*3)37.S1��r_ F. OJdi errs 01 - �- Orsn:WV4EN li{ r �. i• / 4 �# ti■ f UFk '5 N !I ram{ •. A 1 �� 2 H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage AWE". via �► + Now w VIM lx H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Property Characteristics Zoning flap Legend R-40 Current Zoning — C-G Project Locofiorl C- 1 .° -3 { 0 General Retail and C-" uT—Ri ;- .RJR }a`C ,. -1 R-15 .11 R1 R-15 R-8 �R1 R-8 Service Commercial RUT R-8 C-G ,. aU1 , R� ' �_ r .�R-2 R-4 C!C -1 R-8 R-4 JRUT L-Q R-8. « R 4 ` Largest scale and broadest R-1 R-» C-G R T,�+ mix of retail , office, service, - _ L-° _ 4 � rr and light industrial uses" �-C RUT g R- 15 !-L C-c R'U R-40 R-40 R-4 R-g R- 1;0 H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage C-G Zone Zollirl' Map Legend R-40 :-i�C �3 0 ' ,Project Location OIL C-N . Maximum Height. RUT-R3 R_� R .-Y 1' R-8. R-15 1� R-I R-15 R-8 - RiJT *R-8 =G BUT A- 1 . 65 feet R_ R*+�i R , R-1 C R-2 R-4 c! R-81 - RA RUT L-o R- A-1 R-4 - R-1 C R-15 - C- '`• -G L-0 L-0 RLfT . C=G M +1� I-L C-C R T. R 4Q R-40 R-4 R-8 R-I H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Future Land Use Map Future Land Use Map Legend Protect Locctio� MU - RG � "purpose of this designation is to provide a mix of employment, retail, and residential dwellings and public uses °''''' Density near major arterial intersections" Residential Medium Density "Sample uses, appropriate in MU-R areas Residential civic would include: All MU-N and MU-C categories, entertainment uses, major employment centers, 4 clean industry, and other appropriate MU-R regional-serving most uses. Y erial Sample zoning include: R-15, R-40, _ TN-C, C-G, and WE �- M U-N R H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage N_Eagle Rd. --_ - 7 1 2755 N.Eagle Rd. Proposed 4 Story P j 125.037 GSF 0 1 Climate Controlled j Self-Storage Building , ti 1 w!Exterior Drive-Up Building �= IRV 1 1 � - 1 I I I j � f on_e9-N ---- ------------------ H-2023-0058— May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage General Agreement with �- Staff Report and P&Z Decision •� i ' Issues for Council : FL -- gT55B-Eagle Rd. ��r- - pmpo sea a-story ff y- -- t Climate Controlled s Self-Storage Building 31,521 GSF Per Floor I-.-�I • B u i I d i n H e ig h t 1 M26,0,(3B4 GSF Total l � g Building Area �,., $ot✓dlr�y T t y � _ H-2023-0058 — May 7, 2024— Meridian City Council CLARK CitySide Storage Building Height • Applicant Proposed 55 feet • Staff Requests 35 feet • C-G Zone Permits 65 feet • Applicant is Willing to 48 feet plus architectural allowance x.mv.00se - mza- m a i CLARN v Meridian v ��_� WARDLE CitySide Storage Staff Relies upon Policy 3 . 07 . 00 of the Comp Plan : "Encourage compatible uses and site design to minimize conflicts and maximize use of land ." To assert that the height is inappropriate : "Excessive Height" "Disproportionate Height" "Cast Shadows" "Visual Harmony" "May Alter the Character of the Neighborhood" "Visual Impact" "Compatibility with the Existing Structures" H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Policy 3 . 07 . 00 Look to the supporting policies : 3.07.01 A "Require all new development to create a site design compatible with surrounding uses through buffering, screening, transitional densities, and other best site design practices" 3.07.01C "Require appropriate landscaping, buffers, and noise mitigation with new development along transportation corridors (setback, vegetation, low walls, berms, etc.)55 Address impacts through site H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage What do we Know? • MU-RG contemplates intense development • C-G Zone permits intense development • C-G Zone contemplates height up to 65 feet • Staff's position on height not previously adopted How has Meridian addressed height? H-2023-0058—May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage What do we Know? Original Bienville Square DA ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 74 BDEPUTY Nava Haney OISE IDAHO B29107 01;49 Phi IfIf llII1tII 11fllII!II1III11II II1IIII111II+ IIII REc ROED-REQUEST OF III 1�111I��IIIIiI��llll�ll�11l��l��fl Meridian City 1 07044.7 47 DEVELOPMENT AGREEMENT PARTIES: I. City of Meridian 2. Mason Creek LLC,Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of� ,2007,by and between City of Meridian,a municipal corporation of the State of Idaho,hereafter called CITY,and Mason Creek,LLC, whose address is 2060 South Eagle Road, Meridian, Idaho 83542, hereinafter called OWNER/DEVELOPER. H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Original Bienville Square DA — Various Applications #V-0 5-0 5 7 - Annex anon at id Zomng of 18.4 3 acres from RU7 a.nci R1 to R-8 (Me riiani Density Residential), -15 Medium High 1)Laisity Resirlmtial) aDd (General Conunercial). R -05-01 — kc:zone of 10.05 acres of CI- i< (0 cneral Coninic:r Mai) to R- (Meditirn Dcnsity Residerit.ial) and R-15 tedium High Density+ Resi entIal . ICI'-05-059 ^ Preliminary plat for 54 single farmly re idemial lots, 22 multi- famiIy resider#ial lots, 14 conu-noii lots} and 7 c otrinY rcial lots on 27. acres. CZ T-05-0 5 2 - Conditlonal Use Permit -for rnixcd use devclopmerLt within 300- fca of a residence. V S-0 5-0 - - PrIvale Street for providing fro iitagc to multi-family site, H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Original Bienville Square DA — Commercial Elements Were Initially Vague LXU. Nonresidential Project Summary(if applicable) —va,19 Number of building lots; Other lots: Gross floor area proposed: __fir _ _ Existing (if applicable): tA Hours of operation{days and hours}: 220 Building height: J, .,,.... Percentage of site/Project devoted to the following: Landscaping: 12 Building: Paving: -Q2 V2 Total number of employees: � Maximum number of employees at any one time: Number and ages of students/children (if applicable): -fir Seating capacity: Total number of parking spaces provided: Number of compact spaces provided:_� -. --- ++ ..'. ...v. .-rrr vr�r.. w..a.-...ate. a..awvw c.�uvV `HV• LiRIL� &AVVf ►4 X�W L6W f X"LL[. J{f lIJI S-I S-f the applicant is only requesting conceptual approval of this portion 4 plan. While it is very important to plan forfuture commercial uses, the H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Original Bienville Square DA — CUP Addressed Height and Coverage in C-G Area Adjacent to Residential i_ Conditio-nal Usc: Information: . i o i-re identia! sqUdre footage: TO e ermined, 4,0(}�1 sq� c Cott. sl�ou°�� ._ Proposed buiidifig fici ht: 65 feet, ur C-G standards . -Percentage of site devoted to building eov ra c: Not defined 4. percentage of site devated to land-wapilig. 3.53 acres, I . % _ Percentage of site devoted to paving- Not dc#itifA 6, Percentage of site de-Toted to other uses- N/ 7, 'Number of Residential uttiits: /A H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Original Bienville Square DA Zones Define Transition U TTE D n M1 lg�z� f♦ N 'Z9_ I N r0, L- 6Og w 0 t 7 N 83'S4'pp" yy o A, ss ` 7 {/y 6 M] O o N PROPOSED 7 I BIENVI E SQUARE SUODIVISION R8 ZONE O 1011 AC.. 0 03 OAC G—G ZONE �I Of Z &73 AC. U � I I I 1 1 l ysy16 �s Js?4 5�7�2 30 W N 72 2 20 4 28 Q S- R� PF L CAROL'S SU�?C!VISION 7821 MAR 0 9 2007 N 90'04 00" W H-2023-0058 — May 7, 2024— Meridian City Council , CLARK WARDLE CitySide Storage Original Bienville Square DA — CUP for Mixed Use Adjacent to Residential 1. SUINTMA. Y DESCRIPTION OFAPPLWAST'S RE QUEST The applicant, Red Ctiff Dcvelopment, INC, is requestiug approval of a Preliminary Flat with a C onditiol l Use Nmiit (CUP) to construct retail/restauraritiarxd officc uses as well as a mixt-ure of attached, dctached and alley-accesscd residences can approximately 27.36 aCres within the Ble`11ville Square Subdivision dev(,,1optnent located appr(.)xixi,a1&y 1i,, Ttuile south of the southwest. corner of Ustick Road acid Faille Road/ H-5 5. H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Original Bienville Square DA — UNPLATTED n Transition Addressed Com p Plan 94�6 ,_ N�zgoo. , � _ � W • Protect existing residential properties from incompatible Land use development on adjacent Y parcels (Chapter VD, Goal IV, Objective C:, Action 1) I o PROPOSED � 31 BIENVI E SQUARE SUBDIVISION o _ RB ZONE -�+�J p t3. � l g yf variety f North f 0 10.11 AC. 10. ZONE W C-G ZONE e � 1 f!C} YCIt CYI .{ CY fIC7�✓� � E ! 1 � � E Q� e �i! 1�Q �� Y2 •J C} U �I 10.03 AC. I 8.73 AC rnl the site is planned for commercial uses, east of the site are proposed commercial developmerus also tied in with this project by development agreement, and west and south of the site are very low density oases and expected to continue these uses as per the �"` 6678+ N BY J935, g]o W N 722 ,^2822,1.Z pDVTe project provides a ransfion from t CAROL'S SUBDIVISION ISIONse map,Comprehensive Mar Future end U vb ss 78 intense commercial uses along Eagle and Ustiek Roads into a mix o_f'residential densities MAR 09 m07 N 90.00oo"W from the C G District to the R-8 and R-15 Districts. The applicants have included residential to residential use buffers along the south and west boundaries as well as additional opera spaces along the commercial corridors by providing amenities and open spaces. H-2023-0058 - May 7, 2024- Meridian City Council CLARK WARDLE CitySide Storage Modification to Original Bienville Square DA — Use Design , and Site Plan - i ... ._ Construction and development of up to 54 Single Fatirily Residential lots, 22 Multi Family ResrdenlW lots, .14 cornm.rin lots - ' i •" 1'�il and up to 7 comiuercialloffice lots (to include up to 6_5,000 square � - � � � - ' ,�•� ` �Ifii; ,feet of f retaillrestaurand and office uses in the proposed C-G zone) pertinent to AZ-05-057, PP-05-059, RT,-05-019, PS-05-002 and - / •� J I�!' 31 CUP-05-052 applicalions. J IIf it The applicant,Red Cliff Development,INC,is requesting approval of a Prelvrnnary Plat with a Conditional Use Permit(CUP)to construct retaillrestaurautland office uses as well as a mixture of attached,detached and alley-aceessed residences on approximately 27,36 acres widiinthe BienvAle Square Subdivision development located a oximatel 'A mile south of the southwest corner of Ustick 4 � pin Y _ Road and Fagle RoadlSR-55. ) 4 I I I' H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Modification to Original Bienville Square DA — • Use • Design • Site Plan Not a Relitigation of • Commercial v. Residential • Appropriate Transitions • Height H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage + ' �r_—_Iff - i �� y .• •�•,� '�"-- ._r 4,'illage Apartments I r T CUP 14-001 - � . � Regency at River f at.- ��+ .�• rZ Vally Phase 2 H 2019-0121 Bach Storage n It Request to modify for „ NOR CUP 08-004 Regency Regency Phase 3 denied in at River Vai Phase 1 r; J en io l H-2022-0057 , Modified in NICU-1 a-0a1 4w� H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage i� MU-RG / R-40 Next to R-8 and C-G #� .. ' * Initially 3 Story — 40' Propascd building hcight: • CUP 0 -004 Pe ency at Fiver ` a j Phase 1 Modified in M U-10-001 k H-2023-0058 - May 7, 2024- Meridian City Council Y4r10r CLARK WARDLE CitySide Storage i� - Amended r k 7 4 Story - 41 ' 10id " #� .. Proposed building height: . 41 1��.'a. . .� ,N, w UP 0 -OC4 Pe envy at Fiver ` a j Phase 1 Modified in NI U-10-001 H-2023-0058 - May 7, 2024- Meridian City Council r�4'ti r= .: _ CLARK WARDLE CitySide Storage now , ,,,, ; ; Today I r 4 • h � l CUP 0 -004 Rege c'y at Fiver Va4 Phase 1 Modified in NI U-10-00] ell I -wr H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage fil Proposed building height. 45 aF i y + CUP 14-001 - w� Regency at River J l Ilk , . H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Village Apartments Propoc[d Ruilclink Ifelghl: +f- 49' .51 29'-i 5 -- WP b ttl-4 1 �0 FLL H-2023-0058— May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage } _ Ii cabicl. Bulkhng WSW _1— r ---' H-20 1 -0 1 1 Bach Storage UJ 7 Request to modify for CUP 0 ry Regency Phase 3 denied in D. Building Elevation Perspectiveor I . u I 1OM - .' LOpll - MWC9 'YJ•..CU4 � � - i :►Cfus70of H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Application - Same Land Use Designation — MU-RG Same or Similar Zone — C-G/R-40 Proximity to Residential Use and Zones Height has been permitted 41 '-50' Mass has been permitted 3-4 stories H-2023-0058—May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Application of supporting policies : 3.07.01 A "Require all new development to create a site design compatible with surrounding uses through buffering, screening, transitional densities, and other best site design practices" 3.07.01C Require appropriate landscaping, buffers, and noise mitigation with new development along transportation corridors (setback, vegetation, low walls, berms, etc.). Address impacts through site H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Application of supporting policies : • Orientation towards Arterial • Use compatible with parking and access • Design attention to minimize mass • Located to be compatible with adjoining use • Appropriate buffering/landscape H-2023-0058—May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Application of supporting policies : • Orientation towards Arterial • Use compatible with parking and access • Design attention to minimize mass • Located to be compatible with adjoining use `� m • Appropriate buffering/landscape 2M H.Eagle Ad. Flb"ti a-su y i i Corro+t;llbe � 1; __r....e Sen-Sroraw®mldm -. 31521 GSF Per Floe a 128.054 GSF TONI -F CLARK H-2023-0058— May 7, 2024— Meridian City Counci WARDLE CitySide Storage Current Conditions Existing Residences not oriented to Eagle Road or Site E)(ISTING WALK y ~ 01NKW Z " 15 PURPLE CONEFLOWER NHL • _ 10 MISS RIM LILAC RED OAR 1S STELLA WORD DAYLILY 1� •• 6t' 3 HAMELH FOUNTAIN GRASS - - �-••, �,AWH AREA 10 DWARF BURNING BUSH '+ R-15 ZONING Gi 0 zN ram' 252. _• _ 3 AMUR MAPLE �- 15 STELLA WORD OAYULY 3 HAMELN FOUNTAIN GRASS 10 DWARF BURNING BUSH {r. - 15 PURPLE CONEFLOWER 10 DWARF RED SPREA 3 HAHELN FOUNTAIN GRASS - PROPOSED SIDEWALK - H-2023-0058 — May 7, 2024— Meridian City Council EXTENSION CitySide Storage Current Conditions v. Original Design fri aecamlA �+NrY�asJSJ OY lalli f�• } I�M� fiV� 3 r - a � a _ r H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Current Conditions Properties to South not oriented to Site v�L F r - -__-. • �J. _i l... •y � r EXISJING TREES TO BE PROfi CT DURING COKTRUCTI1011 I SEE[IETAIL THIS 3MECT(71'P[ p °` ASPHALT ~ E�e� _- I i MUkICIPAL PATFIWAY SCREEN WAILL.' 1ANDSSEW 6` R NAINTEMANCE - 4• 5 AARF BURNING BUSH CitySide Storage Current Conditions Properties to North not oriented to Site y 1 ir�1�10 — 2M!N. logo Fed, Pi d 4-'Stogy r f Gl�r►a[� �arU�d _ SO-5araps Riil k.; f 31.521 6SF Per FbOF Teal aw *�am ti muouwt .a. ' i k � • �ti I H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Application of supporting policies : • Orientation towards Arterial • Use compatible with parking and access • Design attention to minimize mass • Located to be compatible with adjoining use `� m • Appropriate buffering/landscape 2M H.Eagle Ad. Flb"ti a-su y i i Corro+t;llbe � 1; __r....e Sen-Sroraw®mldm -. 31521 GSF Per Floe a 128.054 GSF TONI -F CLARK H-2023-0058— May 7, 2024— Meridian City Counci WARDLE CitySide Storage Result? From: Jon Hastings cjon@tresidio.com> Sent: Wednesday,April 10,2024 12:16 PM To: Clerks Comment Subject: CitySide Storage(H-2023-0058) L'xte•r•.r-I,vnc1P' -Please use caution with links or attachments l serve as t 297 Nand Secretary ri the,w nvihic lie Square Master100% unaninNuj -'. , building at 2973 N Eagle Rd in Meridian,which is part of the B5f The BSMPOA supports the CitySide Storage project as proposed public hearing on March 21,2024, The BSMPOA reviewed the F issues with the project.We discussed the low traffic,minimal p; self-storage facility. After reviewing the proposed project,the 85MPOA owners voted to approve a CC&R modification to support the use of self-storage. The owners that voted include the applicant,myself(Jon Hastings,2973 N Eagle Rd),Peter Valaskantjis (PNE Group Vill LLC,which owns 2847 and 2959 N Eagle Rd),and Discount Tire(Halle Properties LLC,which owns 2821 N Eagle lid). The vote included every owner,and was 100%unanimous. Thanks, Jon H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Result? From: Cory Swain <Cory.Swain rc pmrloans.com} Sent: Monday, April 8, 2024 3:28 PM To: Clerks Comment Cc: Ken Hosac Subject: City Side Storage External Sender-Please use caution with links or attar MerdianCity, support the proposed project. I own the townhome at 2887 E Bourbon St,which is dir• project. Ken Hosac contacted me to review wlth me the project that he presented at the Planning and Zoning Commission public hearing on March 21,2024. We discussed the low traffic,minimal parking conflicts,low noise associated with the proposed self-storage facility. We also discussed the benefits to our residentlal neighborhood of having adjacent storage. I support the proposed project. H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Result? From: Veda Ballard <white1ight2109@gmail.com} Sent: Tuesday, April 9, 2024 7:20 PM To: Ken Hosac Cc: Clerks Comment Subject Re: CitySide Storage (H-2023-0058) External Sender-Please use caution with links or attachments. The public records you consulted are not correct. I own two condos on N Cajun Lane.. Yes, I support the proposed height of 48' . support the prop height of 48 H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Result? From: LeeAnn Clark <fclark13978@gmail.Com� Sent: Monday,April 1 S,2024 10:34 AM To: Clerks Comment Cc: Ken Hosac Subject: CitySide Storage(H-2023-OOS8) External Sender- Please use caution with links I support a proposed project. City of Meridian, I own the townhome at 2901 N Cajun Lane,which is directly across the street from the proposed CitySide Storage project. Ken Hosoc contacted me to review the project that he presented at the Planning and Zoning Commission public hearing on March 21, 2024 with me. We discussed the low traffic, minimal parking conflicts, and low noise associated with the proposed self-storage facility. We also discussed the benefits to our residential neighborhood of having adjacent storage. I support the proposed project. Regards, LeeAnn Clark H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage ,.�., >� •ana,rpenk�ds5y,yresrn. S..R TIONKU .IWN 1■70]4■Of fm To C 11ftco "w"I Result? fH1 � &AW404 SWWt-'fYrr iwr".Vl .MR Iw.r OVA drwk Tr:..phMMrian f�a.w frye lMlSd�Crlw/r lfwMle Slrlre SMdf.lYky M 1 14n•1Mhfwlw■vwwA 10w.1Y The S#3-H A supports the Cit Side Storage project as proposed t w r a uncut 4f 1M k.rrl.•1Wti•+1Lr►.1w1 rP!NrMM.I R►tOi lap.l ar(fd11if10V11 wf.ca 4i..p1y ww of Nwf fra04%'d Ckp%*Uww ProfK*A toe fafwrfle Satire ca. q"w SfAi1 "fs@k Nwd lf1►Wk•/d t7r l5�!1AArMfw!1Af O'p10Vd f{f flai+irl r0n0,1,61.4tAM swu-,t Mk.91".-%["v 1AMfA,n1k.1n wwn,rr'.n..lC waM,..tl frl rb1 efrf+.IMRFf.t Yf.dM drlrwa a n..�h7lhf.rY M 7rlb^R h1Yn V1e MfV.n M[:yA+4w Tuf amp cw" ON paw*I*"Pw%-m"V'*ww4;%"w.Tae fy u+a1 No 4f11R ao mr eM..f1'ap w Ik.fait+one ter.F*~Catliq*f Vft ooaw sOxe.W%"tt aM 8, Ir wlww% A1.v.far`a wuwd "a lmpl lf—wh ft".VA by be k.r•n At••n two 01&4.M w1 w1�yr p1.r gtilr Mry p...r 1 YAa.d1 tV 6.w&.W9 a WWA94&~.I*iltalpw �!�ge•K chmYftmwrft wort.m.v.nr Pa.&•l rrwan.Mlp.eery.aw.aaMl WfhlY,TOWN wF-fora{! }x.lfy,a1 rlrl as t!.f a6i�cr W�!1 Je t+e far.,lty fa,y0,p."rrdfM•utvapt ,nw W."NCA`osom Ow C"Uppe%wa&P sm 141 Pwomd k 1fu AWL&"41 M fq . .qp Ow 2"'d f!.w�y atim y`Mfft hf.•1"f Ow Wt1171.XLTa H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Original DA • Recognized Concept Only for C-G • Contemplated Height up to 65' • Contemplated this Transition • Contemplated Significant Massing • Contemplated Multifamily Oriented to Cajun — not Away as Constructed H-2023-0058—May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Request • Approve DA Modification • Approve CUP • Approve height at 48' plus necessary architectural features • Approve the design as proposed • Approve the massing as proposed H-2023-0058—May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage - J 'mot ERR W CC aK Cum%carmsiled . — -�.., 5i%t-S�rdge Buil4irq E'..•� ._- --�— _ 31Mt W Per Flan k - r -- �5EdLIRF I26.6m OF Total - B - r _ RSQ V-7R V77il�l7Y - CI71-If�t� �ti t #' — � •, i P——E-19 - C H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Lack of Objective Standards Idaho Code Section 67-6518: Each governing board may adopt standards for such things as: building design; blocks, lots, and tracts of land; yards, courts, greenbelts, planting strips, parks, and other open spaces; trees; signs; parking spaces; roadways, streets, lanes, bicycleways, pedestrian walkways, rights-of-way, grades, alignments, and intersections; lighting; easements for public utilities; access to streams, lakes, and viewpoints; water systems; sewer systems; storm drainage systems; street numbers and names; house numbers; schools, hospitals, and other public and private development. Standards may be provided as part of zoning, subdivision, planned unit development, or separate ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided in section 67-6509, Idaho Code. Whenever the ordinances made under this chapter impose higher standards than are required by any other statute or local ordinance, the provisions of ordinances made pursuant to this chapter shall govern. H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Lack of Objective Standards Idaho Code Section 67-6535( 1 ): (1) The approval or denial of any application required or authorized pursuant to this chapter shall be based upon standards and criteria which shall be set forth in the comprehensive plan, zoning ordinance or other appropriate ordinance or regulation of the city or county. Such approval standards and criteria shall be set forth in express terms in land use ordinances in order that permit applicants, interested residents and decision makers alike may know the express standards that must be met in order to obtain a requested permit or approval. Whenever the nature of any decision standard or criterion allows, the decision shall identify aspects of compliance or noncompliance with relevant approval standards and criteria in the written decision. H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Unconstitutional Conditions Applicant Not Required To Surrender Existing Rights for Approval "If the state may compel the surrender of one constitutional right as a condition of its favor, it may, in like manner, compel a surrender of all." Frost & Frost Trucking Co. v. Railroad Comm. ( 1926), 271 U .S. 5837 593-94 H-2023-0058—May 7, 2024— Meridian City Council CLARK WARDLE CitySide Storage Comp Plan Doesn 't Trump Zoning "As indicated above, the comprehensive plan is intended merely as a guideline whose primary use is in guiding zoning decisions. Those zoning decisions have already been made in this instance and land subdivided into twenty-acre lots and used for single family residences is specifically permitted in this agricultural area ." Urrutia v. Blaine County, 134 Idaho 353 , 358 ( 1999) H-2023-0058 — May 7, 2024— Meridian City Council CLARK WARDLE v IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Burnside Ridge Estates (H-2023-0055) by Kimley Horn, generally located on the south side of W. Victory Rd and the west side of S. Linder Rd., in the NE 1/4 of Section 26, T.3N., R.1W Application Materials: https:Hbit.ly/H-2023-0055 A. Request: Annexation of 123.28 acres of land with R-2 (11.91 acres), R-4 (89.55 acres) and R-8 (21.82 acres) zoning districts. B. Request: Preliminary Plat consisting of 263 building lots, 33 common lots and one (1) other lot, which is a holding area for future re-subdivision, on 121.31 acres of land in the R-2, R-4 and R-8 zoning districts. PUBLIC HEARING SIGN IN SHEET DATE : May 7 , 2024 ITEM # ON AGENDA : 23 PROJECT NAME , Burnside Ridge Estates ( W2023 - 0055 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 1 � ►' � �� (� �Q� 5 � 31 7 L' S�� a � hP )� ✓ r�l�/� 2 3Lo P 14 411 R� ( 7 �05 IV 00 6 Lit , r-�� � , Zip C3L 7 ? 2LV2 S . �us� ('er- P s i �Rwe' yLk LQ & ( A VA" 9 1 1U4G lP � s lk S 10 4 3 S S S . L&�j L N f i' .`� F1Q (� Di �r 83loyZ 12 13 14 STAFF REPORT E IDIAN�-- COMMUNITY DEVELOPMENT DEPARTMENT p HEARING May 7, 2024 Legend DATE: lei TO: Mayor&City Council FROM: Sonya Allen,Associate Planner - 208-884-5533 SUBJECT: Burnside Ridge Estates—AZ,PP H-2023-0055 tir LOCATION: Generally located southwest of the W. Victory Rd. and the S. Linder Rd. intersection, in the NE 1/4 of Section 26, T.3N.,R.1W. (Parcels: S1226120750; R- 831430010; R0831430022; - -- R0831430030; S1226142251; R0831430025; S 1226110575) (2365 W. Victory Rd.; 3605, 3801 &4005 S. Linder Rd.) I. PROJECT DESCRIPTION Annexation of 123.28 acres of land with R-2 (11.91 acres),R-4(89.55 acres)and R-8 (21.82 acres)zoning districts; and preliminary plat consisting of 263 building lots,3-3 32 common lots and one(1)other lot,which is a holding area for future re-subdivision,on 121.31 acres of land in the R-2,R-4 and R-8 zoning districts. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 121.31-acres Future Land Use Designation Low Density Residential(LDR)(41.2-acres)&Medium Density Residential (MDR)(80-acres) Existing Land Use Rural residential/agricultural Proposed Land Use(s) Single-family detached dwellings Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning R-2(Low Density Residential),R-4(Medium Low-Density Residential)&R- 8(Medium Density Residential) Lots(#and type;bldg/common) 297 lots(263 building/3-3 32 common/1 other) Phasing plan(#of phases) 4(i holding a e for-fttt e ro ...division) Number of Residential Units(type 263 single-family detached units of units) Pagel Density(gross&net) 2.62 units/acre overall,not including holding area(gross) [LDR-2.81 units/acre;MDR— 1.78 units/acre(without holding area and 2.27 units/acre with holding area lots —see analysis in Section V for more information. Open Space(acres,total 11.53 13.36-acres(502,252 581,836 s.f.) buffer/qualified) Amenities Clubhouse,commercial outdoor kitchen,outdoor fire ring,public art(3), picnic areas(2),fitness course,swimming pool and spa,tot lot,sports courts (pickleball)(2),multi-use pathways(3),bike repair station Physical Features(waterways, The Calkins Lateral runs across the southwest corner of this site and the Givens hazards,flood plain,hillside) Lateral runs along the western boundary of the site. The Williams Northwest gas pipeline crosses the northeast corner of this site. There is significant topography on this site dropping down 23'to the south&west from the lateral &dropping down 14'from the lateral to the north. Neighborhood meeting date 10/12/23 History(previous approvals) ROS#2409(1993);Lots 1-3,Block 1,Basslin Ridge Estates;H-2021-0070 (Burnside Ridge Estates 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) Functional PM Peak Hour PM Peak Roadway Frontage Classification Traffic Count Hour Level of Service Linder Road Better than Between Overland None Minor Arterial 268 „E" Road&Victory Road Linder Road-South of 1,322-feet Minor Arterial 274 Better than Victory Road "E" Acceptable level of service for a two-lane minor arterial is"E"(575 VPH). • Existing Conditions Linder Rd. is improved with 2-travel lanes,24' of pavement&no curb,gutter or sidewalk abutting the site. There is 64' of ROW for Linder Rd.—40' from centerline.Victory Rd.is improved with 2-travel lanes,22' of pavement&no curb,gutter or sidewalk abutting the site.There is 55' of ROW for Victory Rd.—25' from centerline. Page 2 • CIP/IFYWP Capital Improvements Plan(CIP)f Integrated Five Year Work Plan(IFYWP): • Victory Road is scheduled in the IFYWP to be widened to 3-lanes from Linder Road to Meridian Road with the design year in 2026 and the construction date has not been determined. • Ten Mile Road is scheduled in the IFYWP to be widened to 5-lanes from Victory Road to Overland Road and includes Bridge#1181 over the Calkins Lateral and is currently under construction. • The intersection of Ten Mile Road and Victory Road is scheduled in the IFYWP to be reconstructed as a multi-lane roundabout and is currently under construction. • The intersection of Overland Road and Linder Road is scheduled in the IFYWP to be widened to 5-lanes on the north leg,5-lanes on the south,6-lanes on the east,and 6-lanes on the west leg as part of the Linder Road widening project from Overland Road to Franklin Road. The design year is scheduled for 2022 and the construction date has not been determined. • Victory Road is listed in the CIP to be widened to 3-lanes from Ten Mile Road to Linder Road between 2036 and 2040. • Linder Road is listed in the CIP to be widened to 3-lanes from Victory Road to Amity Road between 2036 and 2040. • Linder Road is listed in the CIP to be widened to 3-lanes from Victory Road to Overland Road between 2036 and 2040. • The intersection of Victory Road and Linder Road is listed in the CIP to be reconstructed as a single lane roundabout between 2036 and 2040. • The intersection of Amity Road/SH-69 is listed in the CIP to be widened to 6-lanes on the north leg,6-lanes on the south,7-lanes on the east,and 7-lanes on the west leg and signalized between 2031 and 2035. Access(Arterial/Collectors/State One(1)access is proposed via W.Victory Rd.,a minor arterial street;and Hwy/Local)(Existing and Proposed) two(2)accesses are proposed via S. Linder Rd.,a residential arterial street. Internal local streets are proposed. Proposed Road Improvements The Applicant is required to dedicate additional ROW to total 50' from centerline of Linder Rd.plus a 3' gravel shoulder&the construction of a 5'wide detached sidewalk.Additional ROW totaling 39' from centerline of Victory Rd.is required to be dedicated for improvement of Victor Rd. with 17'of pavement from centerline plus 3'wide gravel shoulder and the construction of 5' wide detached sidewalk.A westbound left-turn lane is required to be constructed on Victory Rd. Fire Service • Distance to Fire Station 1.4 miles from Station 6 • Fire Response Time Project falls in an area where the FD doesn't have total response times that meet NFPA 1710 standards or current City adopted standards. • Resource Reliability 84%from Station#6—does meet the targeted goal of 80%or greater. • Risk Identification 2(current resources would not be adequate to supply service to this project) • Accessibility Meets all requirements • Special/resource needs Will require an aerial device;can meet this need • Water Supply 1,000 gallons/minute for one hour _ • Other Resources Police Service No comments received West Ada School District No comments received Wastewater • Distance to Sewer Services Available at site • Sewer Shed • Estimated Project Sewer ERU's See application • WRRF Declining Balance • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns Flow is committed. See Public Works Site Specific Conditions Water Page 3 • Distance to Services Water available at site. • Pressure Zone 5 • 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 in Section IX.B of this report. C. Project Maps Future Land Use Map Aerial Map Legend g Leend IffII Pro�ee= Lxa=o� ensity II Project Laco�ior Y.� I ------ '`n"t�al i I I High�Crrsity� �� �. Residential um Density _ x Residential hl," i TALI-.N Zoning Map Planned Development Map Legend x Tl'1- Legend ff R- ff ProjeaJ Lac❑=or. I0Prcjeat Laeaiar --- R — PiannL-d Parcels R1 ].!V -11 — —V R R i RUT R-4 R- RLI R1 R-� - Page 4 III. APPLICANT INFORMATION A. Applicant: Nicolette Womack,Kimley-Horn—950 W. Bannock St., Ste. 1100,Boise, ID 83702 B. Owners: Linder Holdings— 1681 S. Kimball Way, Boise,ID 83709 C. Representative: Hethe Clark, Clark Wardle—251 E. Front St., Ste. 310,Boise,ID 83701 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 3/19/2024 4/21/2024 Radius notification mailed to property owners within 300 feet 3/15/2024 4/19/2024 Public hearing notice sign posted 3/21/2024 4/18/2024 on site Nextdoor posting 3/19/2024 4/19/2024 V. COMPREHENSIVE PLAN ANALYSIS FUTURE LAND USE: Approximately 41.2-acres of the eastern portion of this property is designated Low Density Residential(LDR)and approximately 80-acres of the western portion is designated Medium Density Residential(MDR)on the Future Land Use Map (FLUM)contained in the Comprehensive Plan (see map above in Section II.C). The LDR designation allows for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources,recognize view sheds and open spaces, and maintain or improve the overall atmosphere of the area. The use of open spaces,parks,trails,and other appropriate means should enhance the character of the area. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. 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. TRANSPORTATION: ACHD's Master Street Map(MSM)depicts north/south and east/west segments of the Roadway to Bikeway Master Plan along the west and south boundaries of the site. The section of W. Victory Rd.between Linder and Meridian Roads is within the corridor improvement project,which includes widening of Victory to 3-lanes and constructing enhanced pedestrian and bike facilities on both sides of the roadway as per the adopted Bike Master Plan and the 2020 Capital Improvement Plan(CIP). The long-range transit plan Valley Connect 2.0 has a route extending along Linder Rd.planned in the Growth Scenario(pg. 49). Therefore,Valley Regional Transit(VRT) requests a standard bus stop(size small)with a concrete pad 10' x 10' is provided along N.Linder Rd.just south of E.Pivot Dr. The Page 5 purpose of the pad is to provide an ADA compliance boarding/alighting area. The pad will allow VRT to schedule a stop there as part of future route planning and place signage and a bench onsite(see comments in Section IX.I below for more information). This project lies within the South Meridian Transportation Plan. The Plan recommends that Linder Rd. is constructed as a 5-lane minor arterial roadway and this segment of Victory Rd. is constructed as a 3-lane minor arterial roadway. The Plan also recommends the construction of a multi-lane roundabout at the Victory Rd. and Linder Rd. intersection. A Traffic Impact Study(TIS)was completed for this development in 2021 which estimates 2,513 vehicle trips per day; 255 vehicle trips per hour in the PM peak hour. PROPOSED DEVELOPMENT: The subject property is proposed to develop with 263 single-family detached homes at a gross overall density of 2.62 units/acre,not including the holding area at the southwest corner of the site.A gross overall density of 2.5 units/acre is proposed with the holding area included. The LDR designated area has a gross density of 2.81 units per acre,which is consistent with the density desired in LDR designated areas. The MDR designated area without the holding area has a gross density of 1.78 units per acre and 2.27 units/acre with the holding area lots depicted on the concept plan,which is below the density desired in MDR designated areas. Per the Comprehensive Plan, "Future land use designations are not parcel specific. An adjacent abutting designation when appropriate and approved as part of a public hearing with a land development application, may be used.A designation may not be used however, across planned or existing collector or arterial roadways,must not be used on a parcel not directly abutting the designation, and may not apply to more than 50%of the land being developed. All other changes to designations must be approved through a Comprehensive Plan Map Amendment." Accordingly,the Applicant proposes to apply the abutting LDR FLUM designation to the west to a portion of the MDR designated area that lies west of the collector street(S.Farmyard Ave.) and the LDR designation on the eastern portion of the site to the portion of the MDR designated area that lies east of the collector street(see exhibit below).The proposed use of the abutting LDR designations does not apply to more than 50%of the land being developed.With this change,the total expanded LDR area, including the holding area, consists of 48.53-acres with a gross density of 2.40 units/acre,which is consistent with the density desired of 3 or fewer units/acre. The remaining MDR designated area on the northern portion of the site consists of 31.47-acres with a gross density of 2.64 units/acre,which when rounded up as allowed, complies with the minimum density of three(3)units/acre. Staff is supportive of the Applicant's proposal for decreased density in the areas proposed as it allows for larger lots along the west boundary of the subdivision adjacent to large rural/agricultural lots and provides a good transition in density. Page 6 �I�__L1 _LJ MDR 31.47ac 83 lots T --f T-1TF17- -- -- '2.64 dulac I ' L l- —1 1 IL `U - No holding area lots LDR area west of Farmyard Ave is 26.07ac,which is less Z�/ than 50%of total area west of I Farmyard Ave s- 7 LF L] LDR - -91.83ac `�� ✓ _----� -7 T1180lots wlo holding area-1.96 dulac wlo holding area �J I y - II 11 ✓✓ �, \ 'Y I I -220 lots wl holding area �� / \✓ l -- -I , I—� -2.40 dulac wl holding area I, Holding Area � I I - a I -- - --� -- - - _7 7 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) Only one (1) housing type, single-family detached dwellings, is proposed within this development. Including a variety of housing types would increase the density of the development and a lower density is desired by the Applicant and adjacent neighbors. • "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 to the site, except for the holding area (water is available but sewer is not), and can be extended by the developer with development in accord with UDC 11- 3A-21. Page 7 • "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 on the western periphery abutting large rural parcels designated LDR provides a transition of 2-2.5:1, which should be compatible with adjacent uses. The 0.25+/-acre lots proposed adjacent to the Wood, Sandquist and Coleman properties, although smaller, also provide a transition to larger rural parcels to the north (i.e. 5-6:1). The Commission and Council should rely on testimony from these neighbors to determine if enough transition is being provided. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed residential uses and site layout should minimize conflicts and maximize use of land. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems 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) Sidewalks are proposed along all public streets within the development, which will provide pedestrian connectivity to adjacent subdivisions. No pedestrian connections exist to this property from adjacent rural residential properties. • "Require urban infrastructure be provided for all new developments,including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development of the subdivision. The holding area will be re-subdivided in the future as sewer service is not able to be provided at this time. • "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 septic systems for the existing homes should be removed; wells may be utilized for irrigation purposes. The property owner(Colleen Kelly)at 3801 S. Linder Rd. requests Council approval to retain use of the existing well and septic system until such time as the home is removed with Phase 4 of the development. • "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads,and promoting local and collector street connectivity."(6.01.02B) There are currently five (5) existing driveways via Linder Rd. and four(4) existing driveways via Victory Rd., which will be closed upon development of the property, which will reduce access points to the arterial roadways. North/south and east/west collector streets are proposed with this subdivision, which will provide future vehicular connectivity to the south and to the west. Page 8 VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 123.28 acres of land with R-2 (11.91 acres),R-4 (89.55 acres)and R-8 (21.82 acres)zoning districts. The proposed density of the development is consistent with the corresponding FLUM designations of LDR and MDR as discussed above in Section V. A legal description and exhibit map for the overall annexation area is included in Section VIII.A along with individual legal descriptions and exhibit maps for individual zones. This property is within the City's Area of City Impact boundary. The R-2 (low-density residential)zoning is proposed along the western property boundary of the subdivision as a transition to the 5-to 10-acre rural residential lots in Stetson Estates subdivision, designated Low Density Residential(LDR) on the FLUM. The R-4(medium low-density residential) zoning is proposed along the southern, eastern and northeastern boundaries of the subdivision adjacent to rural residential/agricultural properties also designated LDR. The R-8 (medium-density residential) zoning is proposed internal to the development where the smallest lots are proposed. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with 263 single-family residential detached homes and associated common area and public streets (see Section VIII). Single-family detached dwellings are listed as a principal permitted use in the R-2,R-4 and R-8 zoning districts per UDC Table 11-2A-2. 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): History:In 2021, a previous annexation and preliminary plat application (H-2021-0070)for this property was denied by City Council due to it not being located in an area the City prioritized for near- term growth and the additional burdens it would place on City services, including but not limited to, public safety services, and on local roads. Thus, the annexation was found to not be in the best interest of the City. The previous plat did not include the 2-acre parcel at the northeast corner of the site and lots were proposed in the "holding"area; it also included larger lots adjacent to the Calkins Lateral. Comparatively, the previous plat consisted of a total of 275 building lots; the proposed plat, with the lots shown on the conceptual development plan for the holding area and the additional 2-acre area with 5 building lots, consists of a total of 303 building lots. The proposed preliminary plat consists of 263 building lots,33 32 common lots and one(1) other lot, which is a holding area for future re-subdivision, on 121.31 acres of land in the R-2, R-4 and R-8 zoning districts. A conceptual development plan was submitted for the holding area, included in Section VIII.F below,that depicts 40 building lots on 21.05-acres of land at a gross density of 1.90 units/acre in the R-2 and R-4 zoning districts. Future re-subdivision of the holding area(i.e.Lot 11,Block 7) should generally comply with the layout shown on the conceptual plan. The holding area should be re- subdivided prior to issuance of any building permits for that lot.Note: The holding area is not currently serviceable by City sewer and won't be for quite some time until the temporary lift station on Ten Mile and the 15"trunk line to the lift station is constructed. The minimum lot size in the R-2 zoned area is 18,993 square feet(s.f.) (or 0.44-acre)with an average lot size of 22,168 s.f. (or 0.5-acre). The minimum lot size in the R-4 zoned area is 8,003 s.£ (or 0.18-acre) with an average lot size of 11,023 s.f. (or 0.25-acre). The minimum lot size in the R-8 zoned area is 5,508 s.f. (or 0.12-acre)with an average lot size of 7,628 s.f. (or 0.17-acre). Page 9 Phasing Plan: The subdivision is proposed to develop in four(4)phases per the phasing plan in Section VIII.B. These phases are proposed to be final platted by 2025 and built-out by 2030. The first phase includes the northern portion of the collector street via W. Victory Rd. and a local street access via S. Linder Rd. and is located on the northeast portion of the site. This phase is proposed to include all of the street buffer improvements, including sidewalk, along Victory and Linder Roads. The second phase is located on the northwest portion of the site and includes the southern portion of the collector street. The third phase is located along the southeast portion of the site. The fourth phase is the Kelly property and is located along the east side of the development between phases 1 and 3 and fronts on Linder Rd. Staff recommends the phasing plan is revised prior to the City Council hearing to include the holding area lot (i.e. Lot 11,Block 7)in Phase 3.A revised phasing plan was submitted as requested. Existing Structures/Site Improvements: There are five(5)existing homes and accessory structures on the property, four(4) of which will be removed prior to development of the phase in which they are located. The Jackson home at 3605 S.Linder Rd.is proposed to remain on Lot 9,Block 6 and is required to disconnect from their septic system and well and connect to City water and sewer service within 60 days of it becoming available; the well may be used for irrigation purposes. The address will also be required to change and access should be taken internally from within the development and the existing driveway via Linder Rd. removed. The property owner(Colleen Kelly) at 3801 S.Linder Rd. requests Council approval to remain on well and septic until her property re-develops with Phase 4 as utilities will not be accessible until at a minimum Phase 3.Retention of the existing access via Linder Rd.is also requested until such time as the property redevelops. The property owner is amenable to installation of the Linder Rd. street frontage/buffer improvements,including the sidewalk, on her property with Phase 1. Because the home is allowed to remain on the site until the(final plat)phase in which it's located is signed by the City Engineer, at which time the home is required to be removed, Staff is amenable to this request and proposes a DA provision to that effect. Inclusion of this parcel within the development will ensure consistent streetscape improvements along Linder Rd. and prevent an outparcel within the project. Approval of the allowances requested by the property owner will ensure she can retain a similar lifestyle until such time as the property redevelops. Dimensional Standards (UDC 11-2): The proposed plat and future development is subject to the dimensional standards listed in UDC Tables I1-2A-4 for the R-2 district, 11-2A-5 for the R-4 district and 11-2A-6 for the R-8 district, as applicable. Subdivision Design&Improvement Standards: The proposed subdivision is required to comply with the design and improvement standards listed in UDC 11-6C-3,including those for streets,block face and cul-de-sacs. The following block faces exceed the maximum length allowed in UDC 11-6C-3F: Block 7(south side of S.Red Angus Way),Block I (west side of S.Moline Way),Block 5(north side of E.Pivot Dr.) and Block 10(south side of E.Pivot Dr.). Staff recommends the plat is revised to comply with the maximum block face standards and/or a request for City Council waiver(s)to the standards is submitted prior to the City Council hearing.Note:Block face is measured from the near edge of right-of-way to near edge of right-of-way of streets per UDC 11-6C-3F.S. The Applicant opted not to revise the plat to comply with the block face standards and requests approval of a Council waiver to exceed the maximum block face allowed on all of the block faces with the following justifications: • West block face of Moline Way(1,507') Justification: The west block face of Moline Way includes only 15 single family detached lots, of which 8 are 0.5-acres or larger. A block face of similar length in an R-8 zoned area could include up to 30 single family detached lots. The developer has worked closely with the Page 10 neighbors (a lame lot County subdivision) and those neighbors have specifically requested that this development not include an ACHD stub street to the west, and the ACHD Staff Report did not condition the project to provide one. The project provides a pathway connection within Lot 29 between the Calkins Lateral and Moline Way. • North block face of Pivot Drive(1,281'j Justification: Pivot Drive intersects International Way at a 90d angle—955-ft west of Siphon Avenue,and we believe this is a break in the Pivot Drive block face.Additionally,Lot 5 will front Pivot Drive and Lot 4 will front International Way. • South block face of Pivot Drive(1,340'j Justification: Block 10, Lot 9 is a common lot connecting to Block 10,Lot 24 and ultimately to Drawbar Street. A public roadway connection between Pivot Drive and Drawbar Street is impractical considering the location of the Phase 3 &Phase 4 boundary which coincides with an existing property line. A public street connection does not benefit the Drawbar Street block face since Drawbar Street is significantly shorter Pivot Drive. • South block face of Red Angus Way(1,422') Justification: Block 7 Lot 29 is a common lot with a pathway. There is a considerable grade change beginning at Red Angus as you move further southwest which makes includinga road stub impractical. - J I I I J 1 I 1,F T IF1 -I--T-_.- L- 11 1 - �I-- - 1 I I I I I I �- 110IDH[i..iFJ1 -I � I Council should consider requiring traffic calming measures and/or additional pedestrian connections as provisions for a waiver(s). Page 11 Access: There are five (5)existing driveways via Linder Rd. and four(4)via Victory Rd. that will be closed with development of the proposed subdivision.A new north/south collector street(S. Farmyard Ave.)is proposed via W. Victory Rd., a minor arterial street, and a new east/west collector street(E. Holstein Dr.)is proposed via S. Linder Rd., a residential arterial street, along the southern boundary of the property. A letter of cooperation was submitted from the adjacent property owner to the south (Providence Properties,LLQ in regard to construction of the collector street on the shared property, line between the two properties. Another local street access(E. Pivot Dr.)is proposed via S. Linder Rd.to the north of the collector street. Internal local public streets are proposed for access within the development. Traffic calming is proposed within the development by providing chokers on local streets where micro- path connections are proposed and stamped concrete and bulb-outs at 4-way intersections on the internal collector streets. The ROW for S.Farmyard Ave. should be extended to the site's east property line as required by ACHD for future access to the collector street for the Coleman property located at 1995 W. Victory Rd.With re-subdivision of the holding area,the north/south collector street will extend to the southern boundary and the east/west collector street will extend to the western boundary of the subdivision for future extension. East Guernsey St.,which provides access to Lots 5,6 and 8-9,Block 6 at the northeast corner of the development,is required to comply with ACHD standards and have a turnaround that meets Fire Dept. standards, as follows: 60, 20't TYR, 26' 120'HAMMERHEAD Pathways: All pathways should be constructed in accord with the standards listed in UDC 11-3A-8. The Pathways Master Plan(PMP) depicts segments of the City's 10-foot wide multi-use pathway system along the north side of the Calkins Lateral, along the east side of the north/south collector street(S. Farmyard Ave.) and along the southern boundary of the site along the collector street(E. Holstein Dr.). The pathway and associated landscaping should be located outside of the Boise Project Board of Control's easement for the Calkins Lateral,unless otherwise allowed. A minimum 14-foot wide public use easement is required for all pathways required in the PMP unless they're located within road ROW; such easements should be submitted with the final plat application for the phase in which they're located and be recorded prior to signature on the final plat by the City Engineer. Sidewalks/Parkways(11-3A-17): For public safety, Staff recommends 10-foot wide detached sidewalks are provided along all collector and arterial streets within and abutting the site; parkways should comply with the standards listed in UDC 11-3A-17. The plat and landscape plan, should be revised accordingly. Landscaping: A minimum 25-foot wide street buffer is required along W.Victory Rd. and S. Linder Rd.,both arterial streets,measured from ultimate back of curb location; and 20-foot wide street buffers are required along collector streets(S. Farmyard Ave. &E. Holstein Dr.)per UDC Tables 11-2A-4, 11- 2A-5 and 11-2A-6(a 20' buffer isn't required along the east side of the northern portion of Farmyard where there isn't adequate area for a buffer). Landscaping is required within the street buffers and Page 12 parkways in accord with the standards listed in UDC 11-3B-7C.3.Where 6-foot wide parkways with Class II trees are proposed,root barriers are required per the standards in UDC 11-3A- 17E.2.the landscape plan should be revised to include a mix of landscaping materials and a calculations table that demonstrates compliance with the standards.All street buffers should be maintained by the property owner or homeowner's association. Landscaping(a mix of trees,shrubs,lawn,and/or other vegetative groundcover)is required along all pathways in accord with the standards listed in UDC 11-3B-12C; revise the landscape plan accordingly. All common open space areas are required to include a minimum of one(1)deciduous shade tree for every 5,000 s.f. of area and include a variety of trees,shrubs,lawn, or other vegetative groundcover in accord with UDC 11-3G-5B.3. The landscape plan should depict landscaping accordingly and include calculations demonstrating compliance with the minimum standards. There are several existing trees on the site that are proposed to be removed that require mitigation in accord with the standards listed in UDC 11-3B-10C.5.A mitigation plan was submitted, included in Section VIII.C,that depicts compliance with the aforementioned standards.A total of 313 caliper inches of trees are required for mitigation; a total of 314 caliper inches of replacement trees are proposed in accord with UDC standards. Common Open Space(UDC 11-3G-3): Common open space is required to be provided for the development based on the area of each proposed zoning district. The common open space for the holding area on Lot 11,Block 7 will be evaluated with re-subdivision of the lot. Based on 8.27-acres for the R-2 district,which requires 8%; 72.14-acres for the R-4 district,which requires 12%; and 21.82-acres for the R-8 district,which requires 15%, a minimum of 12.59-acres (or 548,420 s.f.) of common open space is required to be provided that complies with the quality standards listed in UDC 11-3G-3A.2 and the qualified open space standards listed in UDC 11-3G-3B. An revised open space exhibit was submitted as shown in Section VIII.D that depicts common open space totaling 11.53 13.36-acres (38-2,252 581,836 s.£),which is 4-.06 0.77-acres(or 46,174 33,416 s.f.) bele over the required amount and inel des areas that don't fneet the g alif^^tions f r s,,.tom it T PG !1 3 G 3B.Areas that don't qualify inelude the following. Lot 19,Bleek 10, Lot 9,Bleek 11 and Lot 7, Bleek 6 as they don't seem to have been in4egFated into the development as a pi4er-ity a-ad appear-to be FeffmafA areas;the eoffffnon lots eneempassed by the Calkins Later-al easefnen4 as the Boise PFejee Beafd of Gentfol doesn't allow their-easemetA to be latidseaped(only gr-avel is allowed within their- easement); and eetwnen lots for-mier-e paths that afe below 20' in width. These areas should be remove ffom the qualified open spaee ealetilations. PaFkways along loea4 stfeets may be eoumed if they meet the standar-ds listed in UDG 11 3 G 3 B.4. The eetwnan area etitside of the Calkins Later-a!where pathway a-a ;ate t.,,,,]s,..,. ing is leeated, is be ^ to,] Qualified open space areas consist of open grassy areas of at least 5,000 s.f. in area, the linear open space along the Calkins Lateral easement that includes a 10' wide multi-use pathway and associated landscaping, linear open space areas that are at least 20' and up to 50' in width that have an access at each end and are improved and landscaped in accord with the standards listed in UDC 11-3B, 100%of the landscape buffers along collector streets and 50%of the buffers along arterial streets if they meet the enhanced buffer requirements in UDC 11-3G-3B.3, a community garden and parkways along local residential streets if they meet the standards listed in UDC 11-3G-3B.4. Staff r-eeommeads the open spaee exhibit is revised prior-to the City Couneil hearing to inelude ehanges t44 demonstFate eemplianee with the minimumqualified open e standards.A revised open space exhibit was submitted that meets the minimum standards. Site Amenities(UDC 11-3G-4): Site amenities are required to be provided within the development based on the gross land area of the development as set forth in UDC 11-3G-4.A minimum of one(1) Page 13 point of site amenity is required for each five (5)acres of gross land area; for projects 40-acres or more in size, multiple amenities are required from the separate categories listed in UDC Table 11-3G-4. Based on 100.26-acres of land, a minimum of 20 site amenity points is required to be provided; qualified site amenities and associated point values are listed in UDC Table 11-3G-4. The site amenities for the holding area on Lot 11,Block 7 will be evaluated with re-subdivision of the lot. The following site amenities with associated point values are proposed: Quality of Life Amenities Clubhouse(9,500+/-s.£)—6 pts. Commercial outdoor kitchen—2 pts. Outdoor fire ring— 1 pt. Public art—Livestock,grain bin&heritage garden farm equipment sculptures (3)—3 pts. Picnic area on a site 5,000 s.£ or greater in size with tables, shade &benches(2)—4 pts. Fitness course—2 pts. Recreation Activity Area Amenities Swimming pool&spa—4 pts. Tot lot— 1 pt. Sports courts,paved(2)(pickleball)—8 pts. Pedestrian&Bicycle Circulation Amenities Multi-use pathways (1.25+/-mile)— 10 pts. Multi-modal Amenities Bicycle repair station— 1 pt. The proposed amenities should comply with the associated standards listed in UDC 11-3G-4C,D, E and F.Amenities are proposed from the Quality of Life,Recreation Activity Area, Pedestrian& Bicycle Circulation and Multi-modal amenity categories as required; to be provided ftem the Multi modal eateger-y the Applieat#should idea4ify what this amenity will be pFieF to the CConed hear-^^. Amenities totaling 44-42 points are proposed,which are more than twice as many as required. Staff recommends as a DA provision that the use of common open space& site amenities is shared throughout the development,including the holding area. 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. Williams Pipeline: The Williams Northwest Gas Pipeline crosses the northeast corner of this site on Lot 9,Block 6 within a 75-foot wide easement as depicted on the preliminary plat. Any development and/or improvements within the easement should comply with the Williams Developer's Handbook. Waterways: The Calkins Lateral crosses the southwest portion of this site within a 60' wide federal easement(30' each side from centerline)—the plat currently depicts a 40' wide easement and should be revised to accurately reflect the width of the easement or approval should be obtained for a reduced easement. The Boise Project Board of Control submitted updated comments that agree to a reduction of the easement from 60' to 40' total(20' each side from centerline of the new pipe to be installed) fthe lateral is piped as proposed. Page 14 The Givens Lateral runs along the west boundary of the site; a 7' wide easement exists on this site, which is proposed to run along the rear of adjacent building lots—the lateral itself lies on the abutting property to the west and is piped. Consent should be obtained from the New York Irrigation District (NYID)for the 7'wide easement to be located on adjacent building lots and perimeter fencing to be installed on the property line within the easement; otherwise,the easement should be placed in a minimum 20-foot wide common lot,which could be counted toward the qualified open space requirement if landscaped in accord with the standards in UDC 11-3G-5B. The NYID gave authority to Boise Protect Board of Control(BPBO to administer their easement; the BPBC will not allow anything within the easement and will not allow it to encroach within abutting building lots. All irrigation ditches and laterals crossing this site that aren't being improved as a water amenity or linear open space as defined in UDC 11-1A-1 are required to be piped or otherwise covered as set forth in UDC 11-3A-6B.3,unless otherwise waived by City Council. The Applicant proposes to pipe the Calkins Lateral through the site. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6C and I1-3A-7, as applicable. The landscape plan depicts privacy fencing adjacent to common open space lots and the perimeter boundary of the site but doesn't include a detail of the fencing type and height. Fencing details should be depicted on the landscape plan submitted with the final plat application(s). Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. City water and sewer service is available to be extended to serve this development, except for the holding area at the southwest corner of the site. Sewer service will not be available to serve the holding area for quite some time until the temporary lift station on Ten Mile and the 15"trunk line to the lift station is constructed. City Council may determine it's not in the best interest of the City to annex this property until such time as the entire property can be developed and serviced by the City with both water and sewer services. The property owner to the south(Providence Properties, LLQ submitted a letter of cooperation to enter into a joint venture agreement for the construction,use and maintenance of the regional lift station to be built in the northwest corner of Tessera Ranch with each developer paving for the lift station based on a pro-rata share of the number of lots contributing to the sewer lift station. The subject property will provide the sewer route through this development to accommodate the pressure line to tie into the Ten Mile lift station. 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. Gravity irrigation is provided by Boise Project Board of Control via the Calkins Lateral. A pump station and adequate storage for peak demand will be constructed onsite for pressure irrigation service. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances.Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A Geotechnical Evaluation was submitted with this application. Building Elevations: Conceptual building elevations were submitted for the proposed I-and 2-story single-family detached dwellings and two(2) different barn-style concept elevations were submitted for the clubhouse as shown in Section VIII.E. The architectural style of the homes will be a mix of contemporary forms and modern farmhouse styles. Building materials range from stone to stucco,and board-and-batten siding with natural colors. Home sizes are planned to be 2,200 s.f. or larger, similar to homes in the surrounding developments. Page 15 Because homes on lots that face collector(S.Farmyard Ave. & E.Holstein Dr.) and arterial(W. Victory Rd. & S.Linder Rd.)will be highly visible,Staff recommends the rear and/or sides of 2- story homes on these lots 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. A Certificate of Zoning Compliance and Design Review application is required to be submitted for the clubhouse structure to ensure it complies with the design standards in the Architectural Standards Manual and UDC standards. 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 April 4,2024. At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing_ a. In favor: Hethe Clark, Clark Wardle(Applicant's Representative) b. In opposition:None C. Commenting: Paula Connelly and Darcie Dillie d. Written testimony: None e. Staff presentinggpplication: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. Concern pertaining to smaller lots and higher density developing in the future on the holding area lot. 3. Ke, ids)of discussion by Commission: a. Desire for the Applicant to leave the Calkins Lateral open as linear open space and for wildlife; another Commissioner felt it was better to pipe the lateral to reduce evaportation of irrigation water and for efficienM. b. Preference for Phase 4 to be included in Phase 3; c. Appreciation of the transition in density_proposed from lardparcels, d. In favor of the proposed amenities and farm-style theme proposed for the development. 4. Commission change(s)to Staff recommendation: a. Modification to DA provision#A.If to clarify that the holding area on Lot 11,Block 7 shall only be developed when municipal services are available to the site as requested by the Applicant. 5. Outstanding issues for City Council: A. The Applicant requests City Council approval of a waiver to the maximum block face standards in UDC 11-6C-3F for four(4)block faces as noted in the staff report. Council may require traffic calming measures and/or additional pedestrian connections as provisions for a waiver. Page 16 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map V v;s - Z � 0 Z � ODK��O CCK O - N - - I I I w�j Y Page 17 LAND S1RVBY'IKG KLO N -- l�32 Client: Kimley Horn Date: February 15,2024 01F Job No.:9519 y RD � ANNEXATION PROPERTY DESCRIPT10N A parcel of land being the W 112 NE 114 and a portion of the SE 1?4 NE 114 and a portion of the NE 114 NE 114 and all of Lots 1,2 and 3 of Basslin Ridge Estates as on file in Book 64 of Plats at Page 6469 in the Office of the Recorder of Ada County, Idaho, all located in Section 26,Township 3 North, Range 1 West, Boise Meridian,Ada County Idaho, more particularly described as follows: BEGINNING at a found Brass Cap marking the NW corner of said NE 114, (North 114 corner),from which a found Aluminum cap stamped"PLS 17665"marking the NE comer of said NE 114, (Section corner common to Sections 23,24,25 and 26)bears S.89'06'38"E., a distance of 2655.71 feet; Thence along the Northerly boundary of said W 112 NE 114, S.89'06 38"E.,a distance of 1329.23 feetto the NE corner of said W 112 NE 114,(East 1lle corner common to sections 23 and 26); Thence along the Easterly boundary of said W 112 NE 114,S.000 33'37"W.,a distance of 1326,54 feet to a found 518-Inch diameter iron pin with Illegible cap marking the Northwest corner of said Basslin Ridge Estates; Thence along the Northerly boundary of said Basslin Ridge Estates,S. 89108'36'E.,a distance of 798.19 feet; Thence Ieaving the Northerly boundary of said Basslin Ridge Estates, N, 000 37' 19'E.,a distance of 165.10 feet; Thence S. 89°03'39"E., a distance of 527.88 feet to the east boundary of said NE 114 NE 114; Thence along the east boundary of said NE 114 NE 114, S.000 37'17'W.,a distance of 164.34 feet to the NE corner of said SE 114 NE 114, (North 1116 comer common to sections 25 and 26); Thence along the Easterly boundary line of said 5E 114 NE 114, S-00137' 17"W.,a distance of 1325.94 feet to the SE corner of said SE 114 NE 114,(East 114 comer); Thence along the Southerly boundary of said SE 114 NE 114, N,89011'N'W.,a distance of 1325.93 feet to the Southeast corner of said of said SE 114 NE 114, (Center east 1116 comer); Thence along the Southerly boundary of the W 112 NE 114, N.990 10'56'W.,a distance of 1326.91 feet to a found 5/9-inch diameter iron pin with cap stamped°PLS 6WV marking the Southwest comer of said W 112 NE 114, (Center 114 comer); Thence along the Westerly boundary of said W 112 NE 114. N. 00'33'35"E.,a distance of 2655.21 feet to the POINT OF BEGINNING, This parcel contains 123.28 acres more or less. 623 1 lth Ave.South,Nampa,ID 83651 T.(208)442-01 15 C.(208)608-2510•rgray.clK&gmai[.cam Page 18 H 151T LOCATED IN THE NE114 OF SECTION 26, T. 3 N- R. 1 W., B.M., ADA COUNTY, IDAHO WhAa Mountain 2024 Raacl; Subdi0slon Majestic View Subdivision Bk_ 56 Pg- Bit S1 Pg. 6110-6111 5615-5818 a46*Of 9EA"7 08 1 R p SO4"fl63S"E ?G56.71' 23 — —S 89'(938-E 1328.23'— .L._ _I -.— L . �!y 87' a= 4 POINT OF N.v4 r t�1blhComa 1327.48' 2 2 BEGINNING � � LEGEND � Calculated poml Fmind brass cap monument co (E) Found:aluminum uo mo%menl r„ Q Found 5!8 inch dig,iron pin w z ka' UNPLATTED Nk+ � r IA 010117 19'E � a ` 165.14' S 88°03'39"E # NE 1+1%Cowu .19 N 1116ih Carver I DS w o a � .area;5,370AW s.f.t Ida �i 123a xres x fi v I ED A E 0 C 114 orw CE 111&h Oww E 19 corn9n o N 89°1Vwl W 1326.91, N 69°11'36"w4 1325,93 f 26 25 UNPLATT'ED kO 1 a<q to q� 77 �TM �w O1F ' lip k a 25a SIX 1000 COMPASS LAND SURVEYING, PLL JN 9519 Scale,1'=54f1' 623 11th Avenue South Nampa, ID 83651 File,9519-annexation Exhibit 02-15.2024.dwg Office; (208)442-0115 Fax:(208)327-2106 Page 19 C C %A�l LAND SiRYVYING PLLC Client,(C"rrniey Horn Date:January 24,2024 JDb No.:9519 Ra:,Jackson Ridge Estates REZONE S2 PROPFRTY D17SCRIPTICN A parcelof land being a pottlon of the W 112 HE M.Sactlon 26.Township 3 North,Range T 1West,EoLse MeriolIan,Ada County Idaho,more particularly descdbed as follows: 9MINNING at€s found Mass Cap reaWng the NW corner of said NE 114,(North 114 cornw),ftm which a found Aluminum cap stamped'Pt_S 17665'marking the NE cornsf of said ME 1Id,(section corner cornnion to Sections 23,24,25 and 26)bears S.89'06'38'E_,a discs race of 2655.71 feet; Thence along the Nof herly botrn-dary of sett#W 112 NE 114,S.89,06'38"E.,a dlstafiea of 176.02 feet Thonco leaving said Northerly boundary,S.00"5T 22'W.,a distance of 64.00 feet; Thence S.2311 43'26"E„a distance of IS8.91 feet; Thence S.OU"33'35"K.a distance of 709.53 feet to the beglnning of a tangent curve left; Thence a distance of 246.91 feet along the arc of said curve left.having a fad!us of 203.0b feat,a central angle of 69'41'18",the long chord of which bears S.34D 17'W E.,a distance of 231.97 fee#to a p4M on a raverso curve to the right; Thence along said reverse curve to"right,wOh a radius of 456.00 feet and a conlral angle of 01.13'12'. an arc length of 9.71 feet with a chord bearing of S 68131V7'E end a 0ord dlatanee of 0,71 feet; Thence S.22'05'2W W„a distance of 177M feet; Thence S.2311 41'08"W..a distance of 55.03 feet; Thence 5.060 45'54"E.a distance of 254.12 feel to the beginning of a Eton tangent curve left; Thence a distance of 187.58 feet along the erc of said curare left,having a radlus of 130.00 feet,a central angle of 82,40'311,the fan$chard of which bears S.4111 ST 51'W.a distance of 171.73 feet; Thence S_00'33'35'W..a distance of 85.31 feet; Thence N_89,26 25"W.,a distance of 155.00 feet to VM Westerly houndary of said W 112 NE 114; Thence along the Westerly boundary of said W 1f2 NE 114,N.00133'35"E.,a distance of 1794.41 feet to the POINT OF BEGINNING. This parcel contains 8,27 acres more or less. .e Q � 623 11th Are.South,Nampa,fD 83I551 T.(208)4i#2.OI t5-C.(208)608-2510-rgray cis gmail.vom Page 20 EXHIBIT LOCATED IN THE 1N112 NE114 OF SECTION 26, T. 3 N., R. 1 W., B.M., ADA COUNTY, IDAHO 2024 POINT OF BASIS pF DEARIlms BEGINNING N_imCww S09'86'39'E 2656.7V 26 1C 1�#4'n7i4'!`JBQ� LINE TABLE LEGEND LINE# DIRECTION LENGTH fl Calculated point Li S 89°U6'38'E 116.42' Found brass cap monument L2 S 00'53'22'W 34.0V Found aluminum cap mo nU1rY@11t L3 S 2Y4326'E 158-91' Found�dB inch dla.iron pin L4 S 22'05'2r W 177,OW LO L5 S 23141'Or W 55-OT o L9 S OW45'W E 254.12' a L7 S 00'3335'W 85.31' �r _ r L8 N 89'26'25'W 155(Mr CURVE TABLE 3z" CURVE ROOM DELTA LENGTH EEARFN3 CROM z ZONE R-4 C1 2M-W 069'41'18' 246-91' 834't7WE 231.97' M z 3"Ir / a.l. C2 494.0� XI'13'12' 9.71, S 68'3117'E 9.7T 8.27 saes t v C3 130.0V D874831' 187-V S 41'5351'W 171.73' +s L8 ° O7F�1 0 150 300 6C'o i Scale.1'=300' Ct� COMPASS LAND SURVEYING, PLLC JN 9519 623 11 th Avenue South Nampa, ID 83651 File:9519-REZONE R-2 JACKSON RIDGE 02-1&2024 Office:(208)442.0115 Fax: (208)327-2106 Page 21 M!ASIS LAND SUAvunNo PLLC Client: Kimley Horn Date:January 24,2a24 .lob No.; 9519 Re; Jackson Midge Estates REZONE R-2 HOLDING AREA PROPERTY DESCRIPTION A parcel of land being a portion of the SW 114 ICE 114,located in Section 26,Township 3 North, Range 1 WOFA. 501se Meridian,Ada County Idaho, more particularly described as follows: Corn men cing at a found Brass Cap marking the NW corner of said NE 114, (North 114 corner),from which a found Aluminum cap stamped"PLS 17665"marking the NE corner of said NE 114, (Section corner common to Sections 2-3, 24,25 and 26)bears S.89'06'38" E., a distance cf 2655.71 feet; Thence along the Westerly boundary of said NE 114, S.001,33'35"W.,a distance of 1794.43 feet to the POINT OF BEGINNING; Thence leaving said Westerly boundary line, S. 89'26'25" E.,a distance of 155.00 feet; Thence S. 0"33'35"W,,a distance of 76.67 feet; Thence S. 89'26'25"E.,a distance of 30.00 feet; Thence S. 01 33,35"W,, a distance of 572.36 feet to the beginning of a curve right; Thence a distance of 37.10 feet along the arc of said curve right, having a radius of 200.00 feet, a central angle cf 10"37'41%the long chard of which bears S. 05' 52'26"W., a distance of 37.05 feet; Thence S. 11°11'16' .,a distance of 112.50 feet to the beginning of anon tangent curve right; Thence a distance of 65.99 feet along the arc of said curve right, having a radius of 250,00 feet,a central angle of 15"07'28",the long chord of which bears S. 64"4a' 19" F.,a distance of 65.80 feet to the heginning of a reverse cor+le left; Thence a distance of 139.36 feet along the arc of said curve right, having a radius of 250.00 feet,a central angle of 31°55'21",the Iong chord of which bears S. 73' 12'45" E.,a distance of 137.56 feet to the Southerly boundary line of the SE114 NE114 of said Section 26; Thence along the Southerly Boundary of the SW 114 NE 114 of said Section 26,N. 89' 10'56"W., a distance of a52.72 feet to a found 518 inch Iran Pin with a plastic cap stamped"PLS 69 01"marking the Southwest corner of the SW 114 NE114 of said Section 26(Center 114 of said Section 26); Thence along the Westerly boundary line of the SW 114 NE114 of said Section 26, N. 0°33 3 " E-, a distance of 860.78 feet to the POINT or BEG INNING. t_ Nj) r t� This parcel contains 3.64 acres more or Iess_ a 773 2 ow 623 1 lih Ave.South,Nurnpa,fD 83651 T.(208)442-0115 C.(208)608-2510 - rgray.cl8@ FJDr&. Page 22 EXHIBIT LOCATED IN THE SW114 NE-1/4 OF SECTION 26, T. 3 N., R. 1 W., B.M., ADA COUNTY, IDAHO 2024 BASIS OF SEARRY09 2326 599-4638'E 2$55.7*' �— 2- ff_114Comer 1F,V!IMAY MD 26 5 � 1 i F� FOINTOF lirj BEGINNING S 139'2625'E 155.00' S 00W35"W 76.6T 0 75 150 300 S 09°2675'E 30.00' Scale;1'=150' CURVE TABLE ro-°�j CURVE RADIUS DELTA LENGTH SEARING CHOkD r CI 2w.06' 010'37'41' FAY S 06 52'26'w 37.105' cA ,w C2 254,OQ 015°47'28' fi5, 5 fid°A9'15`E fi5_ J' BONE R-2 r C3 40.04' 031°66'21' 139.X 873°12'45"E 137-W D3 3.64 acres i f* $ io LEGEND ' LU 1Q' 0 Calc1>121ed point U Found brass cap monument Found aluminum cap monument Found 518 Inch dla.Iron pin 1 r , 2 ca +� 112.50, A- i o $per C 14 COmgr 974.2d' CE 1116%Comer N 89,10,56,W 352.72 COMPASS LAND SURVEYING, PLL Jig!9519 623 11th Avenue South Nampa, ID 83651 File;9619-REZONE R-2 HOLDINGAREA EXHIBIT01-24-2024.dv;g Office:(208)442-0115 Fax:(208)327-2105 Page 23 VZA:f LAmD SuRvmNo PLLC f Client: Kim ley Horn Jab No.:9519 Rev. Date; February 16,2024 He:Jackson Ridge Estates REZONE R-4 HOLDING AREA PROPERTY DESCRIPTION A parcel of land being a portion of the S 112 NE 114, located in Section 26,Township 3 North, Range 1 West, Boise Meridian,Ada County Idaho, more particularly described as fellows; Commencing at a found Brass Cap marking the NW oornerof said NE 1/4, (North 114 corner),from which a found Aluminum cap stamped'PLS 17665'marking the NE corner of said NE 114. (Section comer common to Sections 23,24,25 and 26)bears S. 89"06'38"E.,a distance of 2555.71 feet; Thence along the Westerly boundary of said NE 114, S.00"33'35"W_,a distance of 1794A3 feet; Thence leaving said Westerly boundary line, S.89"26'26" E.,a distance of 155,00 feet; Thence S. 0"33'35"W.,a distance of 76.67 feet; Thence S. 39'26'25"E.,a distance of 30.00 feel to the POINT OF BEGINNING; Thence continuing S_89°26'25"E.,a distanee of 136.95 feet; Thence a distance of 3.01 feet along the arc of said curve right, having a radius cf 4.50 feet, a central angle of 38,21'38",the long chord of which bears N. 71'22'46"E.,a distance of 2.96 feet: Thence a distance of 119.79 feet along the arc of said curve right, having a radius of 69.50 feet,a central angle of 1001 12'00",the long chord of which bears S. 77"42'03'E.,a distance of 105.10 feet; Thence N_ 62'23'57"E.,a distance of 10.00 feet; Thence S_ 89"26'25"E.,a distance c f 112.67 feet; Thence S. 83'35'26"E.,a distance of 100.00 feet; Thence a distance of 79.16 feet along the arc of said curve right,bauing a radius of 694,00 feet, a oentral angle of 066 32'08',the long chord of which bears S. 03'OS'3Q"W_ ,a distance of 79.12 feet; Thence S.77'50'0 1" E..a distance of 350.90 feet; Thence a distance of 1.82 feet along the arc of said curve right, having a radius of 3.00 feet,a central angle of 34'49'07%the long chord of which bears S. 60'25'58"E.,a distance of 1.79 feet; Thence S.43'01'54"E.,a distance of 779.48 feet; 623 11th Ave. South,Nampa,ID 83651 •T.(208)442-0115•C.(203)608-2510•rgmyx1s@gaA.c0nn Page 24 AdNSS LAND SVAVEYDW'M PLZ Kinky-Horn-95191.5urveylDescriptionslRav 12-12-23 Holding Area Rezone R-4 Bowrrlary.doc Page 2 of2 Thence S. 00'48'24"W_,a distance of 50.00 feet to a point en the Southerly boundary line of the SE114 NE114 of said Section 26; Thence along said Southerly boundary line, N.89' 1 T 36 .,a distance of 200,69 feet,to the Center East 1116 Corner of said Section 26; Thence leaking said Center East 1116 Corner and along the Southerly Boundary of the SW114 NE 114 of said Section 26, N_89° 10'56"W.,a distance of 974,20 feet to the beginning of a curve right; Thence leaving the Southerly Boundary of the SW114 NE 114 of said Section 26, a distance of 139.36 feet along the arc of said curve right, having a radius of 250.00 feet, a central angle of 31° 56,21",the long chord of which bears N. 73' 12`45'W_,a distance of 137.56 feet to the beginning of a reverse curve left; Thence a distance of 65.99 feet along the arc of said curve left, having a radius of 250.00 feat,a central angle of 15107'28",the long chord of which bears N. 64'48' 19"W.,a distance of 65.80 feet, Thence non tangent to said curve, N. 11° 11' 16"E.,a distance of 112.50 feet to the beginning of a curve left; Thence a distance of 37.10 feet along the arc of said curve left, having a radius of 200.00 feet, a central angle of 10"37 41",the long chard of which bears N. 05'52'26"E.,a distance of 37.95 feet,- Thence N.0"33'35"E.,a distance of 572.36 feet to the POINT GF BEGINNING. This parcel contains 17.41 acres more or less. LA �N � g e� 3 O I 19 623 11 th Ave.South,Nampa,ID 83651 •T.(208)442-0115 •C.(208)608-2510•rgray,cls@gmail.com Page 25 w W 3: W 3: v W w m o aI m A O CP Iti 4 C }; O T If a rn m co xui a �? J co w r�i ai � � � m J r r E w z _ mn = aco O-z E E p °w 5. f a, r C a LU T w lL� Lk, f c� N W f � V) E ! U3 c" 1 dop CLLU N 0 E _ — O Cl) W 1 itCL L) aLu $ J V} 1 v a uJ lCLIJ `7 pp n N z r OT t O' o r w r r � nll� `N 22 w a r ,� W i o- _ 9£US 3SE.£8400 N u,i 0 _ i z w ti WM� 0 m gn �U- Page 26 d f LAND SURVEYING PLLC { Client: Kimley Horn ,lob No.:9519 Date:February 16,2024 Re:Jackson Ridge Estates REZONE R-4 PART 2 PROPERTY DESCRIPTION A parcel of land being a portion of the NE 114 and a portion of Lot 1, 2 and 3 of Basslin Ridge Estates as on file in Book 64 of Plats at Page 6469 in the Office of the Recorder of Ada County, Idaho,all located in Section 26, Township 3 North, Range 1 VVest, Boise Meridian,Ado County Idaho, more particularly described as foIIaws: Commencing at a found Brass Cap marking the NW corner of said NE 114, (North 114 corner),from which a Found Aluminum cap stamped"PL5 17665"marking the NE corner of said NE 114, (Section corner common to Sections 23,24, 25 and 26)bears S. 991 06'38"E.,a distance of 2665.71 feet, Thence along the Northerly boundary of said NW 114 NE 114,S. 891,06'38"E.,a distance of 1328.23 feet to the NE corner of said NW 114 NE 1/4, (East 1116 comer common to Sections 23 and 26); Theme along the Easterly boundary of said NW 114 NE 114, S. 0011 33' 37"W., a distance of 1326.54 feet to a found 519 inch diameter iron pin with illegible cap marking the Northwest corner of said Basslin Ridge Estates; Thence along the Northerly boundary of said Basslin Ridge Estates, S. 89"08'36" E., a distance of 70.00 feet to the POINT OF BEGINNING: Thence Corktinuing along the Northerly boundary of said Basslin Ridge Estates, S.89"08'36"E-, a distance of 728,19 feet; Thence leaving said Northerly boundary of said Basslin Ridge Estates, N.00'37' 19" E. ai distance of 155.10 feet; Thence S.89"03'39"E., a distance of 527A8 feet to a point on the Easterly line of the E1l2 NEV4 of said Section 26(Common line to sections 25 and 26); Thence along the Easterly boundary line of said E 112 NE 114,S. 00"37'17"VV., a distance of 1490.18 feet to the SE corner of said SE 114 NE 114, (East 114 comer); Thence along-We Southerly bcur�dary of said- E-#14 NE 114, N.89' 11�6"W,,a dtmnce of 1125.24 feet; Thence leaving said Southerly boundary line N.00'48'24"E.,a distance of 50.00 feet: Thence N. 43'01' 54"W.,a distance of 3,59 feet; Thence N. 46°58'06"E-,a distance of 166.00 feet; 623 1 lth Ave.South,Nampa,IIJ 83651 •T.(208)442-0115•C.(208)608-2510-rgmy.cls@grnaiLcom Page 27 C'OWP,{SS LAND SUR VEYING,PLLC Kimicy-Hom-951415urneylDeacriptionsLRev 2-8-22Rezorne R-4 RoundaryAm Page 2 of 2 Thence S.43'01'54n E., a distanoe of 29.90 feet to the beginning of a tangent curve right. Thence a distance of 57.78 feet along the arc of said curve right,having a radius of 150.00 feet, a central angle of 22,04' 14",the long chord of which hears S. 31°59'47"E.,a distance of 57.42 feet; Thence N_W 02'20"E.,a distance of 30.00 feet; Thence N. 65°34' 19"E.,a distance of 156.36 feet; Thence N. 63'40'01"E., a distance of 57.42 feet; Thence N. 46'58'06"E., a distance of 122.00 feet; Thence N. 41° 18'4C'E.,a distance of 60.29 feet; Thence S. 89°07153,r E.,a distance of 230,00 feet; Thence N. 00'52'07"E,a distance of 15 5.00 feet; Thence N. 89'07'53"Val.,a distance of 272.61 feet to the beginning cf a tangent curve to the left; Thence a d Isla nce of 76.82 feet along the arc of said curve left, having a radius of 100.00 feet, a central angle of 431,54'01',the long chord of which bears S.68'55'06"W., a distance of 74.76 feet; Thence,IS.460 58'06"w.,a distance of 37.44 feet; Thence N.43"01'SC W, a distance of 698.49 feet to the ginning of a tangent curve to the right; Thence a distance of 142.21 feet along the arc of said curve right,having a radius of 750.00 feet,a central angle of 10'48'53",the long chord of which hears N.371,35'59"W_,a distance of 142.00 feet; Thence N 32' 10'04'W, a distance of 101.09 feet to the beginning of a tangent curve to the left; Thence a distance of 3.79 feet along the arc of said curve left,having a radius of 750.00 feet, a central angle of 001,17'24",the long chord of which bears N.3211 18'46"IN.,a distance of 3.79 feet; Thence N. 57'49'56"E.,a distance of 54.42 feet to the beginning of a tangent curve to the right; Thence a distance of 74.45 feet along the arc of said curve right, having a radius of 130.00 feet,a central angle of 32"48'53",the long chord of which bears N.74, 14'23"E.,a distance of 73.44 feet; Thence N. DO°51'24"E.,a3 distance of 140.00 feet to the POINT OF BEGINNING. � Gf NO This parcel contains 32.03 acres more or less. dr 3 2 0 06 �I 4rz of -44C) P'. 623 1]th Ave.South,Nampa,M 83651 T.(2(8)442-01 15-C.(208)608-2510 rgray.cls@gmaii.com Page 28 Z co 1 N fl0°33'35'E 26§_2f' i w Nro �} m Oe9 ° I T o m F Lo 1 f I> 44 rn o OF qrn r3 ' N IQ L96 1326.$4 I`{ N Q, 1 I a f n3 >,, +I r4 rn U) 2 I m m CA Z ram. r I !� Z - o ty i sl q � r yrp m ro cr f i ^' W L11 S IM ru o na ra ' m S00°37'17'W 149DAEr o A LUMM ROAD m cb UNPL 4TTED Q CDcn > W rn Gh 1 : M 3d= Oa ' M � n w ; m r ❑ c>w Z rn � Page 29 T(n f =r Z [:� [h �#H 1 r m ffZ Q_ d� iai fu ns m z z Z w Z z 0 x z z z z w z z z Q rt kar j w m m m a r qo q 9 w En 9 li � , m 4� `_' t ` m m m m m m m m m m m m m :F m z F, r w ^' a, to ca M cn m 4 fl 3 S Lh S m 9 K.5 Cl rp <+ 2 w { �n m PRO a $ $ $ M ! 3 S Q rn Fn ' - Fh 1 z m m p" Z 1 nt N () o 'J TI 1 =r [+� cn U) U1 x 4 ti z pi 1 0 \ :]E o) 4J. I s z C w } iI > 1 3 r rn Page 30 C Y kAf LAND SURYMN0 PLLC Client; Kim ley Hom Jab No.:9519 Date:February 16,2024 Re:Jackson Ridge Estates REZONE R-4 PROPERTY DESCRIPTION A parcel of land being a portion of the W 112 NE 114, Section 26,Township 3 North, Range 1 vilest, Boise Meridian,Ada 00ur4y Idaho,more particularly described as follows; Commencing at a found Brass Cap marking the NW comer of said NE 114, (North 114 corner),from which a found Aluminum cap stamped"PLS 17665"marring the NE comer of se id NE 114, (Section comer common to Sections 23,24,25 and 26)bears S.89"06'38"E_,a distance of 2655.71 feet; Thence along the Northerly boundary of said W 112 NE 114, S_8911 06' 38" E.,a distance of 116,02 fleet bo the PDINT OF BEGINNING; Thence continuing along the Northerly boundary of said W 112 NE 114 , S. 89106'38" E., a distance of 1212,21 feet to the NE corner of said W 112 NE 114, (East i 116 corner common to Sections 23 and 26); Thence along the Easterly boundary of said W 112 NE 114,S. 00"33'37"W.,a distance of 1323.58 feet, Thence leaving said Easterly boundary N_42'06'23"W., a distance of 209.48 feet; Thence N. 53` 16'20"W.,a distance of 50.43 feet to the beginning of a non-tangent curve right; Thence a distance of 282,75 feet along the arc of said curve right,having a radius of 756.00 feet, a central angle of 21"25'4S%the long chord of which bears S.4711 26'33"W.,a distance of 28 1.10 feet to a point on a compound curve left; Thence a distance of 671.95 feet along the arc of said curve left, having a radius of 744.00 feet,a central angle of 51"44'51",the long chord of which bears S. 321,17'00"W_,a distance of 649.35 feet; Thence N. 8311 35'26"W.,a distance of 50.00 feet; Thence N. 89"26'25"W.,a distance of 112.67 feet; Thence,S.62'23 57"W., a distance of 10.00 feet to the beginning of a non-tangent curve left; Thence a distance of 119.79 feet along the arc of said curve left, having a radius of 68.50 feet,a central angle of 100" 12'00",the long chard of which bears N, 77"42'03"W..a distance of 105.10 feet to a point on a compound curve right; 623 11th Ave.South,Nampa,ID 83651 T.(208)442-0115 C.(208)608-2510 rgmy.cls@gmaii.com gmaii.com Page 31 0w_PA&FL4ND5uRVEf7. PLL Kim ley-Horn-951415urweylDe%oriptionsaev 2-8-22111exone R-4 Houndnty.doc Page 2 of 2 Thence a distance of 3.01 feet along the are of said curve right, having a radius of 4.50 feet,a central angle of 380 21'38", the long Chord of which bears 5. 71°22'46"W.,a distance of 2.96 feet; Thence N.89,26'25"W_, a distance of 166.95 feet; Thence N-00'33' 35"E., a distance of 161,98 feet to the beginning of a tangent curve right; Thence a distance of 187.58 feet along the arc of said curve right,having a rad[us of 130.00 feet, a central angle of 820 40'31",the long chord of which bears N.411,53'5 1"E.,a distance of 171.73 feet-P Thence N. 0611 45'54"1N.,a distance of 254.12 feet; Thence N.2311 41'08"E., a distance of 55.03 feet; Thence N.22°05'29"E,, a distance of 177.00 feet to the beginning of a non-tangent curve left; Thence from a tangent which bears N 67`54'31"W,along curve to the left with a radius of 456M feet, and having a central angle of 01"13'12`an arc length of 9.71 feet with a chord bearing of N 68°31'07"W, and a chord distance of 9.71 feet to the beginning of a reverse curve right; Thenoe a distance of 248.91 feet along the arc of said reverse curve right, having a radius of 203.00 feet,a central angle of 691,41'18",the long chord of which bears N. 34" 17'04"1N_,a distance of 231.97 feet; Thence N. 00"33'35" E„ a distance of 709,53 fleet; Thence N_23143'26"W.,a distance of 168,91 feet; Thence N.00'53'22"E_, a distance of 64.00 feet to the POINT OF BEGINNING. This parcel contains 40.11 acres more or less. L 0 0 J19t) P. 623 11th Ave.South,Nampa,ID S3651 T,(205)442-0115 C.(208)608-2510-rgray.cls@gmaii.com Page 32 ffXH1131T LEGEND LOCATED IN THE W112 NE114 OF SECTION 26, CalcukewPoint T. 3 N., R. 1 W., B.M., ADA COUNTY, IDAHO � Found brass cap monurreRt 2024 Found aluminum cap monumenl N.1A POINT OF �4S1S��� ��� � Pound Wa inch d ia_iron pi n Lamer BEGINNING j 8S;'06'WE 26K7V — — —S 89 86'38'E 1212.2l'— B Et L13 > 4'] "IORY ROAD 1327.48 LINE TABLE LINE# DIRECTION LENGTH L1 5 89°D6'38"'E 11UT L2 N 42°06'23"V4 209AV 0 I � 92 L3 N 53'16'20'VJ 50.43' L4 N 83�3526 W 50.W ell ZONE R- + ;' • • Ls N 89'26'2Y W 112 fir Area.1,747,375 9.1. L6 S 82123'57•w MCC e`Y'•r L7 N 89"26'25'VV 166.95' L8 N GY33'35'E 161.98' L9 N 136"45 W W 254.12' HD N 2Y41'08'E 55.iv o L11 N 2TO5129'E 177.00' CB L17 N 23'43'26-W 1,%N' v M N OV53'22'E 64.00 Ci CURVE TABLL I CLIR11: RADIUS DELTA LEWJGTH EEAR3NG CFORD 4� Rr CI 756.00 021'2545' 202.75' S47 W33'W 281.19 C2 744.0a D51'445Y 671.95' $3r170V W M 35' G3 69.9 104112b0' 119.74' N 77.42W W 105.14' e� i J C4 4.59 OM'21'39' 3.01' S 71-24 W 2.96 L7` C3 L5 a 130.00 OB2'40'3l' 187-59 N41-5351-E 171.73 L$ L4 C6 45HU DDI"I TI T 9.71' N W31.1kr W 9_71' �} 07 2BCi_W W411$' 246.91' N N'17W VV 23t.97 i � l C IM Corner I. o1= ° COMPASS LAND SURVEYING, PLLC JN 9519 623 1 1th Avenue South Nampa, ID 83651 File.9519-REZONE R-4JACKSON RIDGE PART 1 02-16.2024.dwg Office, (208)442-0115 Fax;(202 377-271)6 Page 33 + LANE]SURVEYING PLL0 Client: Kirnley horn Date:January 24, 2024 Jab No.:9519 Re:Jackson Midge Estates REZONE R-8 PROPERTY DESCRIPTION A parcel of land being a portion of the NE 114 and a portion of Lot 1,2 and 3 of Basslin Ridge Estates as on 111 le in Book 64 of Plats at Page 6469 in the Office of the Rc:ordor of Ada County, Idaho,all located In Section 215.Township 3 Ncah, Mange I West,Boise Meridian,Ada County Idaho, more particularly described as follows' Commencing at a found Brass Cap marking the NW corner of said NE 114,(North 1A corner),frorn which a found Aluminum clap stamped"PLS 17665"marking the NE corner of said NF 14.(Section corder cammorl to Sections 23, 24,25 and 26)bears S-89'06'38"E.,a distance of 2555.71 feel; Thence along the Northerly boundary of Bald NW 114 NE 114,S.89'06'38"E.,a distance of 1328.23 feet to Me NE corner of said NwV 114 NE 1 f4, (East 1116 corner common to Sections 23 and 20); Thence along the Easterly boundary of said NW 114 NE 114,S. 00°33'37"W.,a distance of 1323.58 feet to the POINT OF BEGINNING; Thence continuing along Bald Easterly f indary line S.00°33'37"W.a distance of 2.96 feet to a found 518 inch diameter Iron pits with Illegible cap marking the Nadhwest corner of said Basslin Ridge Estates; Thence along the Northerly boundary of said Basslin fridge Estates. S.89'08'36'E.,a distance of 70.00 feet; Thence leaving the Northerly boundary of said Basslin Ridge Estates,S.00'51'24"W.,a distance of 140.00 feet to the beginning of a non-tangent cure left; Thence an arc length of 74.45 feet along the arc of said curve left,having a radius of 130.00 feet,a central angle of 32'48'53",the long chord of which bears S.74"14'23"W.,a distance of 7 3.4 4 feet; 1-hence 5.57'49'56°W_,a distance of 54.42 feet to the beginning of a non-tangent cure right; Thence an arc length of 3,79 feet along the arc of said curve right,having a radius of 7 50.00 feet,a central a3ngle of 00, 17'24", the lung chord of which bears S_32'18'49'E.,a distance of 179 feet; Thence S.32, 10'04"E.,a distance of 101.09 feet to the beginning of a tangent cure left; Thence an arc length of 142-21 feet along the arc of said curve right,having a radius of 750.00 feet,a central angle of 10'51'50",the long chord of which bears S.37'35'59"E.,a distance of 142.no feet; Thence S.43'01'54"E.,a distance of 698.0 feet; Thence N-45'59'DO'E.,a distance of 37.44 feet to the beglnning of a tangent cure right Thence an arc length of 76.62 feet along the arrc of said curve right, having a radius of 10{1_00 feet,a central angle of 43'54'01',the long chord of which bears N_69'55'06"E„a distf7nce of 74.76 feet; Thence S.894 07'53"E-,a distance of 272.61 feet; Thence Sr 00°52'07"W.,a distance of 155.00 feet, 623 11 fir Ave. South,Nampa,ID 83651 T.(208)442-0115„C.(208)608-2510 rgray,cls ftinail-com Page 34 COMPASS LA&D VORVR YING,ALC Kim ley-Hors-951415urvcy\DcscriptivnslRev2-8-Me oueR-4Boundary.doa Pago 2 of 2 Thence N. 89107'53"W.,a distance of 234-4Q feet; Thence S.4 1' 18'40"W.,a dislance of 60.29 feet; Thenco S.46,58'06"W.,a distance of 122,00 feet; Thence S.63,40'01"VC a distance of 57.42 feet; Thence S. 65,34'19"W.,a distance of 156.36 feel; Thence S. 69'02'20"W.,a disianca of 30.00 feet to the beginning of a non-tangent cure left; Thence an arc length of 57.78 fact along the arc of said curve Left,having a radius of 150.00 feel,a central angle of 22,04'14u,the long chord of vrhieh bears N. 3111 59'47"W.,a distance of 57.42 feet; Thence N_43'0V W W-a distance of 29.90 feet; Thence S.46'58'06"W.,a distance of 166.00 feel; Thence N.43'01'54'W.,a distance of 7M89 feet to the beginning of a tangent cure left; Thence an arc length of 1.82 feet along the arc of said curve left,#laving a radius of 3.OG feat,a central angle of 34'48'07",the long chord of which bears N. 50"25 98"W.,a distance of 1.79 feet; Thence N.77°50'0 1"W_,a distance of 350,90 feet to the beginning of a non-tangent cure rignl; Thence an arc length of 79.16 feet along the arc of said curve right, having a radius of 694.00 feet,a central angle of 06'32'08",the long chord of which bears N-031,08'30"E..a distance of 79.12 feet; Thence N. 83'35'26"IrV_,a distance of 50.00 feet to the beginning of a non-tangent cure right; Thence an are length of 671.95 feet along the arc of said curve right,having a radius of 74 4.00 feet,a central angle of 51°44'51".the tong chard of which bears N.32, 1 T 00"F.,a dislanco of 649.35 feet to a point an a compound curve to the left; Thence an arc length of 282.75 Feet along the arc of said curve left,having a radius of 7 56,00 feet,a central angle of 21'26'45",thle long chord of which bears N.47,26'33'°E.,a distance of 281.10 feet; Thence S.53'16'20"E.,a distance of 50,43 feet; Thence S.42,06'23"E_,,a distance of 2 09.4 6 feet to the POINT OF BEGINNING. This parcel contains 21.82 acres more or less. L ) �4 623 11th Ave.South,Nampa,ID 83651 T_(208)442-0115 C.(208)608-2510 rgray.cls@gmail.cotn Page 35 C 'r) r CD Z 0 I CL C3 .0 _ [ E DO LL Q '4 W L � Ul 10 Cl o � — CD F- Sl ch C < o LU SO cv O O G 1G r 3t N N N iY �y J `nyi'y N pd 0 SV'*� r J ice{} CF] {�h N u's ID N Ct,l a) filC T n -0 s'7 Z — C] G] m J ULJ �" IL M.LUEEL C 405VE t] 'a. C) I C j DY Il} fI+III � {J C Q i E c ti cm Lli E LU E c ' J � m `r, to j CD '..� 3 LE LL L.L 0 �a cN as h W Page 36 LO c. nLd .r CL z W` � T \ a J \ or Z ❑ rL mom+ CD 00 Z � D y ii W pLLJ 3: L" W Lu W W W W �{ ,_. W 14 F W 4 YT V] Cryry #T#}} gyipp] M CD Ll CS CD i� LLr ar n Q �Q � ate-. fl G F'ti O d] Q O i'S R LOn ass ry 4i! 3: Yf LU lkJ }� �p W LJ W t s J O G ii} [h V' Ep V 9Q 90 w IT V Gp q1 4 p 0 {A m fh �} Z � U3' Z U} ar W to 0 Z CO Z fA (n in W cj 0 _h ak D Qy *' ru t� a in an Iti eq 6` } CC Liu 3LO CD 9 r -LLL_ Vf Page 37 B. Preliminary Plat&Phasing Plan(dated: 2,�4 4/8/2024)—REVISED Z��^:x�Ex wP��ax •�wJa✓..�.n OHVC 1Vld Ab7NI'HtlId IM3Y1 - y LI.IUH�(«/►Vllll�N .o lN1�3?Jd oz airo nws $31V1$3 30018 3CISMnS H a Il � illl � I I i I I 1 cn Illll LU � Z Oo o s H af �i tl aam a�i N a �3` «fir U) Q LlJz���f w J O O 5 W / -C w ¢ ?o www LJ a w w9 g m�€€m`s a s rm :h�Wsa aae a V z z Pogre Q en W z o z a �aevoe Y 5 3 s o a a �$ p 44 ya w x � sas�?dma�, Z4 0 Z)Q. NM o E E E Y$ sty 8�"x Y�jw eae w W Z w❑ = Mwm O $a a MUM-. N C x ~ s a g a x a gig J J a a e '`e o €g he �s� ge�ao w 2 p s o _ z z�_ _ 91 �K! _ w �e ax�m mFt'm� y 0 H e "b .bo o2� ME 3 � J z x ¢ z 5 p a boa N8� Eta w w 8 Gos ew K'HE _pa£a� €gw ae= e s 5 a, a 3W=eww WowH . ❑ W W. N-H.=MT a3"e,c•'� 'R,. LFs€°s e;w _W-s r"'+n smxh.j ahid s.:w FCl) � 3ay9 w a o . 9's_ - _ ss �h _ - F p F rp ax�Lfl�3.eitpCox_ R n � y I I I ry vxwra _ pp o I _� ��W � �. A � - � s ng e■s AAA I I I I _nes� p b= 0 e tl R I 13 8 n �� pEp uC p 9� B SIB�B, 9 __ Imo• v�rw � � r/ �"^ e�AA��'A pA6 II �•A p 1 p R - A A pA p t9 A a - 8 111 p ocx 3.c ggg [,clory --� Page 38 OHVCI �\I U�0 �/Aa w| mm, mz «�m ® )§ N | � .\A k ) � ! § \ - .� \\T—� _ » - § - , - | _ J - ( lz - - `f --- -- - - � ) Page 39 _ •z°�c�r•."c° 0 Val 'NVlala3ry H�t5'` i o NVId 702LN00ma IVINOZIdOH ; H �� ulo «fla W _ 3$ 3a�sNane ff'' s P�a s x,P��'�x'�5 w a ^ `c s a aasga - arv- A- ss �� �b� Basa a g� a oe„ LL� . a�vaardwrkra � rc � Rarrip11M3a1-- `$ Mtl I rLl rXA scia e a A",I .srL r/ ILI Page 40 .. >mr✓mir:�va OHYCI 'NVICIMIN - H�<`^ I it NV7d 7OHiN00 WiNOZINOH ; ulo \KILa Lll a s3 a s3 3aaa 3olsNane 8* �' # figxx F S1u $ x x g r $n&a$8$aaBS 80133H6335-3NI71CILVN b, _o oa Vj AN - �, Luau r�p��n •d pm \; '� II 118 ar Ab 1 y p8 cgs I ffi ,� ,•�� %rfnw � � Lit �� -� a 9\\ all - 1 a I ` Page 41 _ •�°�a'�,:"r° OHVCI 'NalaIa3w yy H r((5i I NV7d MaLNOO WiNOZINOH o UJO /`<Aa 6{ uoH J,V nrsa 531V153 39tl1b 3tl15Nilfltl eT H� S I(n)nras x 7 n ^3 7 9 39 nr ^ A� s �rrmkb8 is; a- ss xnsz : �$ z� aA �s �' �� aiF" �a 53 9 A R 8 R R I I u� e. �e� 4 �n .rvI�AN ^ .FII:��'" a'R I � i � o l ea I m � •1�] 9� l pp W ul r p, a o 12 5 4 .I ¢� — pa ! % I € ps I -- L0133HS 339- WHD1VW / \ Page 42 seaz-rev c �m n a=n�Mre .zoueu.zero OHYaI 'NVIOIa31Y �xii ae x...ea WVld `JWISVHd J,8VNlhl]]Jd S3 �s u�oH�c<SiLa�iui� Feu s o _ =.�9W 1VIS3 30C S 3a�SNans .R O = 0 z ❑❑❑❑ z x a s �o a ~ r I r � r I I� - - r I �0" r, I lwi r I ,r Page 43 C. Landscape Plan&Tree Mitigation Plan L as ONIUMN311NV1d 11.IOHK<vl�a 3dVDSONV1.kHVNIW113Hd Il �/1 390la 3alslvana �.n s 0 4 rc � v v e _ �i 0 V K O O Z Z O O a VON a30N1-1 s I fII I � �F 1 I I I I , I I � I o� . U _ I I I i p I I T- I ! I I I I Page 44 rmr✓�:ii�w oH7al 'N7lam3m IHI 133NS IMA00 a~O 11.lUH((AajWr 3dV0SONVl MdVNIW11321d Il w1 j�yo�¢ 53iViS3 39QIN 3aF;NNaN � � G MIM I Ps�i)o r0000�oc) rc o o � 5 a _-_-- avow usaxrt s I --7 — I i I Y-- j I , I p I I I I I I �� I � I -I I I ' I I -- I I � I I � I I I Page 45 �"T Z%-Za OHV41 NVI01213W NVId 1N3W30TIdau ONV U'!JO'1<��ADlwN ememe NOUVOIAW 33HIAbtlNlWll321d a� �� �� n •/� 3dX I""itl's 53ivis3 nou1 3aISNsns .�tbrn C p \ , F . R P P r R R R R 2 P • n R & A 9 R 8 A R . r y . . 1 � 913eg � 445�3 i g m & $ ' {{ - @11 d d W t k Yk t Y �g�p-FPS w €'pF£Him G p _ a ry p W X a W F YY11 m a avow UHUNIT s I I I I I + 1 I d c� I I I11 E I arl - I f - 52 � I I r +I I C ;I II 3 i 1 gg II I II 9 R N p R M g R I e �m _ m©- m0 1I +I I I I I Page 46 D. Qualified Open Space & Site Amenity Exhibit(dated: 1�3 1rr 12024 4/23/24)—REVISED amziz¢i.uva 0HV41 'NVIa183H uvrbn IISIHX3 o ! z S U1oH<«�(ajw�l 30VdS N3d0 A21VNIWIlaUd �ol�Nl nax 531tl153 3`�01l1 3015NNf19 ���� �FF �z C 2 � � n' i e U0, � V. $ �� =o .g 0 0 ou�3 ------- W021213ONf7S ��� I1 -,� I I I 1 I I i I--I � I I 69 k■ ■■ iI1 F1 10 i � w e� I F I I � I W s II e� I Page 47 4|! MRW / \� \ � CL z \ e � - § ■ _ - / E: 12 ! k)k §§ z k) \) ( \ .¥ � (\ e| � / ! \ k § § §|\ k § ' B ° § � & � � � w � P-4 Signs require aseparate permit and are no L approved with this application. Z O � U E--I Q � Page 48 v W rM 2 3 U at E 0 � O dff W dd` = E? >- O � ,�'"� a m 7 W x C O -- ui W� ;�"C / cel FAQ rw wcoon [--� Z a OLn se w o sag Page 49 F�I r i h w PQ C7 � V) w O � U w w a Er-, Page 50 i S -L w uj Z ~ O < Ln UO w a � Page 51 4 Ing b7. O 40 27, 'I m A Ail Ina ui Ln ui Z 0 < F-Z v) L/) �z LU u Page 52 ''r J V� !� Q Emw4 0 f N Cd iIL o 0 t 0 o P-1 Page 53 a N`. Coo ii t i I ra , i� N - - 1 Page 54 _.... pit: ....... I IIIIII I� —'s f i E. Conceptual Building Elevations (dated: 9/20/21) 7r :1 y ■ � .. 0 one Kimley>>>Horn BURNSIDE RIDGE EXAMPLE BUILDING The architecture style of the project will largely be a mix of contemporary forms and modern farmhouse styles. An elegant and plentiful blend of materials ranging from stone to stucco, and board-and-batten siding materials is planned with stylish natural colors. Home sizes are planned to be 2,200 square feet or larger, similar to the homes in the surrounding developments. Maximum building height will be 35 feet. Representative architecture elevations are shown below. Page 56 F. Conceptual Development Plan for Holding Area W J 7 G � � ° m // / I / / I / I / I / \55 0 Ise / 5 I r r r y I -r I r I r � z -. •._ �nv4avAwuvd's tit r $1 -- -------- ---- - ------ --- W 1 1 1 1 WVdaimuino'so 1 w y I 2 1 m x l I CO 3nvAwotioaw B 1 I 1 L I I G I I — _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I a� E Page 57 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION I. 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 date of City Council approval of the Findings of Fact, Conclusions of Law and Decision&Order for the annexation request. A final plat application will not be accepted until the property is annexed(i.e. the ordinance and development agreement are recorded). 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 generally comply with the development plans, including that for the holding area, submitted with this application, included in Section VIII, and the provisions contained herein. b. Comply with the Williams Developer's Handbook for any development and/or improvements within the Williams pipeline easement. c. The existing home at 3801 S. Linder Rd. (Parcel#R0831430025) shall be allowed to remain on well and septic until such time as the property re-develops with Phase 4 and shall not be required to connect to City water and sewer service. The existing access via S. Linder Rd. is also allowed to be retained until such time as the property re-develops. Prior to the City Engineer's signature on the Phase 4 final plat,the existing home, accessory structures and driveway via S. Linder Rd. shall be removed. d. The existing home at 3605 S. Linder Rd. (Parcel#S 1226110575) shall disconnect from the existing well and septic system and 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. The well may be used for irrigation purposes. The driveway via S. Linder Rd. shall be removed and access shall be taken internally from within the subdivision. e. A 10-foot wide detached sidewalk/multi-use pathway shall be provided within the required street buffers along all collector and arterial streets within and abutting the site. f. The holding area at the southwest corner of the site, depicted as Lot 11,Block 7 on the preliminary plat, shall be re-subdivided prior to issuance of any building permits for that lot and shall only be developed when municipal water and sewer service are available to the site. g. A standard bus stop(size small)with a concrete pad 10' x 10' shall be provided along N. Linder Rd.just south of E. Pivot Dr. as requested by Valley Regional Transit(VRT). The purpose of the pad is to provide an ADA compliance boarding/alighting area. The pad will allow VRT to schedule a stop there as part of future route planning and place signage and a bench onsite. h. The use of common open space& site amenities shall be shared throughout the development, including the property in the holding area,which is proposed to be re-subdivided in the future. i. The rear and/or sides of 2-story homes on lots that face collector(S. Farmyard Ave. &E. Holstein Dr.)and arterial(W. Victory Rd. & S. Linder Rd.)streets 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 Page 58 architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public streets. Single-story homes are exempt from this requirement. 2. The final plat shall include the following revisions: a. The holding area lot(i.e. Lot 11,Bleek 7) shall be ineluded in the third phase of develappae The phasing plan was revised accordingly. b. Extend the right-of-way for S. Farmyard Ave. (the collector street via Victory Rd.)to the site's east property line as required by ACHD. e. Widen the federal easemef4 for-the C;alkins La4er-al to 60 feet(30 feet eaeh side fFem een4er-hfle) per Boise Project Board of Control's letter-,unless a lesser-wi"is allowed.*a Lesser wid4h k . A lesser width of 40°feet(20'each side of the center of the new p�pe to be installed) is allowed as current depicted. d. The eemmen let(s) ee*taiaiog the Calkins later-a! shall be widened to aeeemmadate a 10 feet wide malti tise pa*way with 5 feet wide landseape strips on eaeh side of the pathwa-y etAside e the Calkins later-a! easemen4,tmiess the easement holder-will allow these improvements Wi their easemen4. The plat was revised to include a 60,foot wide common lot, which will accommodate a 40-foot wide easement for the Calkins Lateral, as allowed by the Irrigation District, and a 20,foot wide common area outside the easement with a 10 foot wide multi-use pathway and 5-foot wide landscape strips on both sides of the pathway. e. The following blocks exceed the maximum block face length allowed in UDC I1-6C-3F: Block 7 (south side of S. Red Angus Way), Block 1 (west side of S. Moline Way), Block 5 (north side of E. Pivot Dr.)and Block 10 (south side of E. Pivot Dr.). The plat shall be revised to comply with the maximum block face standards prior to the City Council hearing and/or a request for City Council waiver(s) to the standards shall be submitted.A request for City Council waiver to the block face standards is requested for all of the aforementioned block faces. f. Depict a vehicle turnaround at the east end of Guernsey St.that meets Fire Dept. standards. Obtain approval from ACHD for the proposed street section. g. Depict 10-foot wide detached sidewalks/pathways along both sides of all collector streets (i.e. S. Farmyard Ave. and E. Holstein Dr.)and along the arterial streets(i.e. W.Victory Rd. and S. Linder Rd.)within and abutting the site. All pathways shall comply with the standards listed in UDC 11-3A-8; all parkways shall comply with the standards listed in UDC 11-3A-17. h. Obtain consent from the New York Irrigation District for the 7-foot wide easement for the Givens Lateral to be located along the rear of adjacent building lots along the west boundary of the site and for perimeter fencing to be installed on the property line within the easement. If consent cannot be obtained,depict the easement in a minimum 20-foot wide common lot landscaped in accord with the standards listed in UDC 11-3G-5B.A letter was received from the Boise Proiect Board of Control, who administers the easement, stating they will not allow anything within their easement(i.e. including fence). i. , sta-adar-ds listed in UDG 11 3G 3B. Changes to the plat may be fteeessai:y to eemply with i ems.An updated common open space exhibit 6hall be was submitted that demonstrates compliance with and exceeds the minimum standards prior to the 00,Geti nil he ri g, included in Section VIII.D. Page 59 j. Depict root barriers where 6-foot wide parkways with Class II trees are proposed along collector and/or arterial streets per the standards listed in UDC 11-3A-17E.2.All parkways along local streets shall be 8-feet wide in order to qualify toward the minimum open space standards. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Include all revisions to the plat noted above in#A.2, as applicable. b. No landscaping other than gravel is allowed within the Calkin's Lateral easement unless otherwise approved by the Boise Project Board of Control.If landscaping is allowed, written confirmation of such is required to be submitted to the Planning Division. c. Depict the future curb location as anticipated by ACHD along W. Victory Rd. and S. Linder Rd.; depict a minimum 25-foot wide street buffer,measured from the ultimate curb location, along both streets. d. Depict landscaping with a mix of materials within the required street buffers along all collector and arterial streets,in accord with the standards listed in UDC 11-3B-7C.3; include calculations that demonstrate compliance. These buffers shall include enhanced landscaping as set forth in 11-3B-7C.3f with enhanced amenities with social interaction characteristics and enhanced context with the surroundings in accord with the standards listed in UDC 11-3G-3B.3. e. Depict landscaping with a mix of materials along each side of all pathways, in accord with the standards listed in UDC 11-3B-12C, include calculations that demonstrate compliance. f. Include a fencing plan with details of the proposed fencing that demonstrate compliance with the standards listed in UDC 11-3A-6C and 11-3A-7. g. Depiet a+least ene(1). site afnenity from the miditi modal eategary(see UDG Table 11 3G 4 fe in f Finatio `.A bike repair station is proposed from the multi-modal category. h. Include a detail for the picnic areas, children's play structure(i.e. tot lot),public art,fitness course, sports courts, outdoor fire ring, commercial outdoor kitchen and ffmiti modal menu., bike repair station that demonstrates compliance with the standards listed in UDC 11-3G-4C, A E and F. i. All common open space areas are required to include a minimum of one (1) deciduous shade tree for every 5,000 s.f. of area and include a variety of trees, shrubs, lawn, or other vegetative groundcover in accord with UDC H-3G-5B.3. The landscape plan shall depict landscaping accordingly and include calculations demonstrating compliance with the minimum standards. 4. All irrigation ditches,laterals, sloughs or canals, including the Calkins Lateral, crossing this site shall be piped or otherwise covered as set forth in UDC 11-3A-6B.3. 5. All existing structures that don't comply with the dimensional standards of the applicable district shall be removed from the site prior to submittal of the final plat for City Engineer signature on the phase in which they are located. 6. Comply with the subdivision design and improvement standards listed in UDC 11-6C-3. 7. Comply with the Williams Developer's Handbook for any development and/or improvements within the Williams pipeline easement. 8. A Certificate of Zoning Compliance and Design Review application is required to be submitted for the clubhouse site and structure to ensure it complies with the design standards in the Architectural Standards Manual and UDC standards. 9. A minimum 14-foot wide public use easement(s) shall be submitted for all pathways required in the Pathways Master Plan,which are located outside of the public right-of-way. Such easement(s) shall Page 60 be submitted with the final plat application for the phase in which it's/they're located and be recorded prior to signature on the final plat by the City Engineer. See Park's Dept. comments below in Section IX.G for location of these pathways and associated easements. 10. Approval of a preliminary plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat. Upon written request and filing by the applicant prior to the termination of the period,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 https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=337944&dbid=0&repo=MeridianCiu C. FIRE DEPARTMENT https://weblink.meridiancio2.org/WebLink/Doc View.aspx?id=337945&dbid=0&repo=Meridian City D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianciU.orgj ebLink/DocView.aspx?id=340779&dbid=0&repo=MeridianCity E. ADA COUNTY DEVELOPMENT SERVICES(ACDS) No comments received. F. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=340163&dbid=0&repo=MeridianCity&cr =1 G. PARK'S DEPARTMENT https://weblink.meridiancioy.orglWebLinkIDocView.aspx?id=342211&dbid=0&repo=MeridianCity H. BOISE PROJECT BOARD OF CONTROL https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=341064&dbid=0&repo=Meridian City Calkins Lateral easement(updated comments): https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=342492&dbid=0&repo=MeridianCity Givens Lateral easement: https://weblink.meridianciLy.orglWebLinkIDocView.aspx?id=342665&dbid=0&repo=MeridianCity I. VALLEY REGIONAL TRANSIT https://weblink.meridianciy.org WWebLinkIDocView.aspx?id=340635&dbid=0&repo=MeridianCiiy J. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=343177&dbid=0&repo=MeridianCiU Page 61 K. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancitE.org/WebLink/DocView.aspx?id=340686&dbid=0&repo=Meridian City Staff report for H-2021-0070: https:llweblink.meridianciN.oLvlWebLink/DocView.aspx?id=263214&dbid=0&repo=MeridianCity X. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds the Applicant's request to annex the subject property with R-2, R-4 and R-8 zoning districts and develop the site with single-family detached dwellings 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 Commission finds the proposed map amendment to the R-2, R-4 and R-8 zoning districts and single-family 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 Commission finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent existing and future single-family residential homes/uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The Commission finds City services are available to be provided to this development. Comments were received from WASD on this application and are included in Section IX.J above. 5. The annexation(as applicable)is in the best interest of city. The Commission finds the proposed annexation is in the best interest of the city. B. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The Commission finds the proposed plat generally conforms with the Comprehensive Plan and will be in conformance with the UDC if the Applicant complies with the conditions of approval in Section IX above. Page 62 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds public services can be made available to the majority of the subject property and will be adequate to accommodate the proposed development. Sewer service cannot be provided to the holding area at the southwest corner of the site at this time or in the near future. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The Commission 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 Commission 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 Commission finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, ef£ 9-15-2005) The Commission is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 63 C i E IDIAN.;--- Agenda Item Applicant Presentation y 4 i �_- _ Imam b"m a im x y .A BEFORE YOU TONIGHT ANNEXATION/ZONING Zone propertyR-2, R-4 & R-8 DEVELOPMENT AGREEMENT Conditions agreed to with Staff with one modification and addition PRELIMINARY PLAT Densities consistent with City planning Utilities and services available at the site ffyf rchange`SpeaiRArec'Plarr;,� ' --ti yflip# pill }� i 1. � , #. or 1-4 y: R r '-• ;x- - - rr C t-' • a _ `�4 � �`i� ~'.,fir �� �'*^~ "}- - , l '°'�'` n �€•'~ *f '� 1' 1• i 'I' 15-I -1= O 'O cob TIO 'ate F R ----- MARfIFE:K # f++ } ADJACEJ%N'FT } DEVELOPMENTS 5 I f k T ■ Square mile between f Linder and Meridian Road `YfIC70RY _ is entitled and under ,- _ construction ; Brundage Estates annexed t and preliminary platted; time extension in Sept 2022 '. ■ Windrow Subdivision act__. entitled recently (across - the street) ,/15t11YM1 �a� 4 .+. F J l+ • GI �I SERVICES - SEDER k. A, E i Fdrtiri a ! I ± W4iroryRd �_ =�-� - = Sewer has been extended to the site consistent with the South Meridian Utility Concept Plan 1 � Y P (south annexation) -- 1 E €Ln 4 - I I lir Feet i 7$0 1, 0a 1 {{{ JI WArnity Rd £Amitr Rd _ Lift end �� • —rxnniq nener X i m hare Prm 1 Sewer • a �.Fuva Phaso-2Sawar * us �fhdse7aved � tlgdr{I�n rlir I min w _ Cy ap Wrtixr rWu m rrpra�dv mn1 wr�+*d1m waaeae4 a io-Plltl+� 6o- eced�m-mm r�weu-iwao-xaeawnlew,wsf one rd X..4 rC are�ioenehru South Meridian Utility Concept Plan M he rYMeta Yrmcueiw a ream I'ilury pkeeeemrles�we uc osvcrmuer erd rifd L eropY.Mrn. y. THc ru,is male ipm fto wpriuilnd 6fAdr tln•v.hia�wNl slot nal m mla ra and Annexa ion oremeol nls�r�.nr.rw erc aamrra myec pnrmmpa rent'. SERVICES = SEWER Served by City of Meridian via existing 8-inch sewer stub on Linder Road. Flow is committed to the site. Wastewater ................................................................................................................... a • Distance to Sewer Available at site Services — • Sewer Shed # • Estimated Project See application Sewer ERU's • WRRF Declining Balance • Project Consistent Yes with WW Master list Plan/Facility Plan • Impacts/concerns • Flow is committed • See public Works Site Specific Conditions SERVICES = DOMESTIC WATER Served by City of Meridian via existing water mains on both Linder and Victory Road to the property Adequate capacity exists to serve the Project Water • Distance to Water Available at the site. Services • Pressure Zone 5 • Estimated Project See application Water ERU's • Water Quality None Concerns • Project Consistent Yes with Water Master Plan • Impacts/Concerns See Public Works Site Specific Conditions �Pmane4 omme+cid#14tesi91 - IL AMV �3 [ p 5{R/r.• }� 'THY* r _=J, -_ colleckm nge`specific Area Plan 1,►� rI 'S y 7 '.w '" •�i y' y .i r , L - #•tL s�!! �iN��.d rJpJ1 •C �` �` i r .� 1 C �t � �•�!! SERVICES - POLICE • 4.3 miles from Meridian Police Department HQ ■ Approximately 3 minute 14 second response time SERVICES - SCHOOLS • West Ada School District ■ Mary McPherson Elementary, • Victory Middle School, and • Meridian High School ■ Christine Donnell Elementary (Arts) and Spalding Elementary (STEM) also available OPPORTUNITIES & CONSTRAINTS Fuel Pipeline - 75' wide easement Calkins & Givens Lateral - Bisect project with pathway and canal easements Provide transition from varied subdivision densities - City & Rural Use only existing City infrastructure and services (no expansion) OPPORTUNITIES J - = & CONSTRAINTS ,•i AL 00 F r k a r , I � * F FUTURE LAND 0 RY USE MAP ID R-Y Low Density Residential: . , Single-family homes on Ilk large and estate lots with gross densities below 3 oil du/acre &M I- I bSchools ParksMedium Density Residential: . . Gross densities between 3-8 "Developments need to respect agricultural heritage and du/acre. Often transition resources, recognize view sheds and open spaces, and maintain between existing rural or improve the overall atmosphere of the area.The use of open residential properties spaces, parks, trails, and other appropriate means should enhance the character of the area" CO) MAR 1 1 � ����� � !_____ � , FUTURE LAND I r I TIF� � -2.64 duraC L--- 'No I USE MAP y I 1 I 1 I I I Density Requirements LDRarea west ofFarmyard l• �/"� Satisfied for both Low Ave is 26.07ac,which is less �% F ff • 1 '�than 50%of total area west of Farmyard AveIVA.` r§ •'Y .✓✓✓ - Density and Medium Density Residential Planning Areas LDR -91.33 ac =160 kAs wro holding area 1.96 dulac wro holding area -220 kAs wr holding am& ;� �--� -_ _ J ✓." C k\ . --- __' -2.40 dufac wr holding area 1 r ffJJ 1 I ; ♦ _ _ Holding Area `1I ///\/�t •/ `C y i � J° ; __ J yw . Kg MiIMRWCllq3nq&l5pvCltlC AOU Minjr . R4 ��. 2 `� • § � �/ / ./ � - - 241 / \ - � � � - - - �� . , * �� \ Rl . . / . • \ Pr- 9 , - • -s mum . mEI R K4 t lv, y � - ' ■4 o �_ 2aa � •�- \�\, • � � .�. . |§ �� ViTQRY ROAD --- - - M r i 1 � I � i JACKSON RIDGE ESTATES } Buildable Lots 263 Common Lots 32 1T11 Gross Density 2.6 DU/Acre ,r Phases Four (built out r -- J � by 2030) Open Space 13.36 acres HOLDING AREA ;; k'x MOM W- mmm M- M "E- r C'6_3e,- i m:m r� t _- T T T - - - - tlm� . rrt,r - y I �I I 13 1# 1el in 17 I i 31I I I3 I C ZONING 1 I I _I �I7I 3-I I Ir ZJ 1 1 �1 - HOLDING ART...Azx u Q 1� 6�iF II le iP. 3a T eL�1 1 I _� l ooc 1 i 37� a n I - - - - -1 I I I I 1 I ' I I I I 3 1 1 F I 13 i AP*L' 77 Ib SF I e 7 s e . {I 3 3 1 ; # - l e11 Vfta Zoning is consistent with area P M1 ° Holding Area GIIPP � 1P 3+1 fl I - 595�39= �7F Q' # 4M1 x � r 11I1fE 21 .05 acres 3x k Teti IU rr C s e 'r e P • 594�de'Se'r 7951g' C _' 34 3 Created per City staff F I F + x 3 all- e ? i° 11 1] 13 14 13 16 4 3 �:.�. 1 iQCI[T 311 3e 1 k% r. JJL - - - �'� 'rmq- 1 • Avoids creating an enclave 4 12 k 3 f' S�7f S M1'•kk <xx ra:L I b{ I +� 4k '� I 1 T '° is = m zr � M Only existing infrastructure i 3 rfrr- .. - � I 'P a 11 - " 'F — - - �' vailable to the site today will — ITL1e, iP 3a iF1° '3 P 113111 a •1 17, . 1a I IS le JL t-0�IICF� � , 1 I n be utilized 14 ] r q +% e ;} EMnh:L4" HOLDING �W 2T " ' e .0 4T 40 4 "o k Holding area will onlX r AREA n 3? develop when utilities are �' �� 1 '}14 �1P 3° available 34. 3r n k 3P 5 21� RWY P. �- ACCESS & - I - = - TRANSPORTATION I I - I Closes 9 existing driveways 1 _ �-- - on Linder &Victory - - - Linder &Victory • Widened and improved • Detached sidewalks, street trees, 25' landscape buffers Turn lanes on Linder -- - extended and a left turn lane ' on Victory J Traffic calming within the project (chokers, stamped ; HOLDING concrete and bulb-outs at four- way intersections on internal AREA , collectors ) I i t pr "It Q RY a _ I I I - I OPEN SPACE I REGIONAL PATHWAYS I I I j j I I I I I I I Required: 12.59 acres n Proposed: 13.36 acres 40.00'IRRIGATION 20.W MERIDIAN DISTRICT EASEMENT THWAY EASEMENT HOLDING ' �{ - AREA - � FENCE I ENCE J x yo.aa J - - MUM-USE I 60.00' 5.QQ' PATHWAY r' AMENITIES a THE FIELD] & y. THE MEADOW Hcd—wish A—Ai a—lpri 9 dng PamDin mmada�tl°°S Required 20 amenity points Grain bin Ramada f - Proposed 42 amenity points -- Shade/picnic areas w/ tables THE CORRAL � NaturePlay _ • Benches Bouldrn,Hera,Tiro-x Farm im & ens THE S • Bicycle parking Lawn Bermi✓�Mounds Garden Slating&Shads F;�i,t,a�v.,rden Traa � nuwOr hae Community clubhouse - � �nm:ux Orr_hard ti Wxlkimg Nth&Uertlte Srsuons • Swimming pool • Children's play structures Pool& Sports courts t f - Ouidooc Michen EzwnCot Outdoor fitness stations Pickle ballll Courts • ' Comm Garden Fire Pic Re public area and + nrnnr Orchard • informational kiosks THE OMMARD • Open grassy areas for active recreation CO) I ��iR �gaHVE5T.:1.1: FAIVIILY arif� LLuACY Retain items from Jackson Family Farm _ Ias architectural elements and landscape :J ITT- - 22 }ka: PICNIC Ad S H i Will CONCE T - 23 MUM CLUBHODSE v k b PTO, Pool, workout room, meeting area, kitchen, outdoor lounge. ENTRY MONUMENT CONCEPT [OLUHNAI STREET WINRNIu TREES a ENTRY — MR LGENNM LOGO WHH T Kmff DIROOE RARGAOOXU —ORNAITENTAL TREE ORCHARD woop Puff A R£AN ENTAT GATE STEEL COHHUNHY LOGO W9 --� NATUtAt STONE VENEER EOLUNN—�1 SALRUT DPAOUE RAMROUND T - UOAROIEOR1 STEEL .� - FREE STANDING STEEL LETTERING NATURAL STONE VENEER w t'IN PRIMARY MONUMENT-ENTRY AT VICTORY RD.LOOKING SOUTH �` PROPS COLUMNAR MEDIAN TREES @ ENTRY BOARD-FORM CONCRETI WHITE 3-RAIL FENCE FREE-STANDING STEEL ENGRAVED COMMUNITY LOGO BOARD-FORMFREE-5ANDI CONCRETE e olAs FREE-STANaING STEEL LETTERING a WITH BA NATURAL STONE VENEER BASE PRIMARY MONUMENT-ENTRY MEDIAN SIDE ELEVATION SECONDARY MONUMENT- ENTRYAT LINDER RD L f� � - oi"�i■ �s�1 d' - i �iF Y;•� J Y� I �. 4'47ONCEPTUAL HIM HOME DESIGNS aayieF '-y 11� THREADING THE NEEDLE ■ Respects large County lots that are unlikely to change while remaining consistent with City planning • Honors the spirit and intent of the comp plan designations for this property ■ Uses only existing City resources planned for and constructed in this area • Utilizes investments already made • Does not permit additional westward expansion • No issues identified by service providers • Sets the bar high with excellent amenities and significant open space Qualified Open Space % agreed upon with Staff Update plans for Calkins lateral A T n Em" Update Guernsey road sections �&J .IL N C E P Work with staff to discuss block face lengths 10' pathways on both sides of all internal collectors UPDATES SINCE P&Z CALKINS LATERAL e I I I I I I I I I I 10'MULTI-USE PATHWAY 77 ATER oQz 0� N$: �� �bm � .r.¢ �4" •'.`;a rr CY Y.y.�' '�:yi m�'l '�3i�;�N.p��A ra'k c nC�4.W•��"r� - q.•r. LL¢1 , •'��+. .i ¢aLl'u .. �-�f�+r5 *, T� •`❑�� ^.tea P�'f:r e`DY� w a��.t` r.�� ��x�.'w a. 40.00' IRRIGATION 20.00' MERIDIAN DISTRICT EASEMENT THWAY EASEMENT FENCEFENCE 10.00' MULTI-USE 5.00' PATHWAY 5.00' 60.00' v • 10' pathway on both sides of collectors and on arterials VRT Bus Stop Extend Farmyard Ave in northeast corner v AOp,,r r ; Guernsey Road Section Update DVal • Added Multi-Modal Amenity ■ Elevation Enhancement on Collectors 30 Approval Annexation/Zoning Development Agreement l Preliminary Plat In agreement with conditions of approval with one exception Condition A. 2 .h Requires: 20-foot wide common lot on back side of U r, ! 7. ION %Z -acre lots (against Givens) dl Request: 7-foot wide CONDITION common lot (maintained by HOA) L ®r Request additional condition requiring signage at end of Calkins Lateral pathways 35' EX, 7' PROP, IRRIGATION ESMT. IRRIGATION EASEMENT R I 21' 14' LOT 27 LOTS 24-26 AND 28 BLOCK 11 BLOCK 1 GIVENS �-III- -I -I -I I-III-I -I -I I-III-III-III-III-III-I I-III-I -I -I I-III-III .II I III-I�I-I i I-I l I-III III-III-IIILR -I I-III III III I C I I C I III-III III-I�I-III-III III =1 I-III-III-III---III=1 =1 =1 =1III-I 1=1 1=1 1=1 -I 1=1 1=1 1=1 '-III-III-III-I 11=1 11=1 11=1 11=1 I I_ I I 1=1 I I-III-I 11=1 11=1 I I-I 11=1 I I-III-III-I 11=1�' =1 I I-III-I 11=1 I I-1 I I-1 I I-1 I I _ �1=1 I I-III-III-III-I 11=1 11=1 11=1 I I-I 11=1 11=1 i'- -1 I 1=1 11- EXISTING TILED -�-III-III-I I I-I�I-I l I-III=III=III-I i 1�-1�1-GIVENS LATERAL 11-1�1-1�1-1�1-111-111-1�1-I 11-1�1-111-111-1�1= STANDARD GIVENS LATERAL EASEMENT SCALE: NTS - r 71 HANX YOU 34 LOT SIZES R-2 Lots R-8 Lots # of Buildable Lots 12 # of Buildable Lots 74 Minimum Lot Size 18,993 sq ft / 0.44 acres Minimum Lot Size 5,508 sq ft / 0. 12 acres Average Lot Size 22, 168 sq ft / 0.5 acres Average Lot Size 7,628 sq ft / 0. 17 acres R-4 Lots # of Buildable Lots 177 Minimum Lot Size 8,003 sq ft / 0. 18 acres Average Lot Size 11 ,023 sq ft / 0.25 acres COLLEEN KELLY WAIVERS (3801. S LINDEF RD) Remain on well and septic until Phase 4 Utilities are not accessible to the site until at minimum Phase 3 Keep the existing Linder Rd. access until Phase 4 Due to the circuitous route through the subdivision once Linder access is removed from the Property Linder Rd. street improvements with landscape buffer, and sidewalk would still be constructed during Phase 1 ONGOING AGENCY ROADWAY PROJECTS 2022 - Design of Intersection at Overland and Linder Road to be widened (IFYWP). 2023 - Intersection of Ten Mile Road and Victory is currently being reconstructed as a multi- lane roundabout (IFYWP). 2026 - Design of Victory Road widening to 3-lanes from Linder to Meridian Road (IFYWP). 2026-2027 - Linder overpass currently expected to begin construction collaboration between ACHD (CIP) and ITD. 2036 - 2040 -Victory Road to be widened to 3-lanes from Ten Mile Road to Linder Road. Linder Road to be widened to 3-lanes from Victory Road to Amity Road and Victory Road to Overland Road. Intersection of Victory Road and Linder Road to be reconstructed as a single- lane roundabout (CIP). r SERVICES it. (-,A!7' �I 1 _ ' TRANSPORTATION Ift 4-� Vi � - - r 2 ke ���� ]Irn 0.Hareer,Yitt-Presiam! 1 } ' "g oe.ia reewmry,Cemml:yener �$�r 0 - Men Coldthwv Commissioner /� IahaMaGdd.Cam.nisLm+a. 1*•• -�� _ - November 9,2023 ° . IS% 1 To: im r Associates.lnc. 25% NicoletteWomack p•r a E VK 10fy nd. 9SO W.Bannock Street,Suite 1100 1 Boise,Idaho a3702 4• _ 1 � ` S - Subject: MPP23-17022I H-2023-0055 - 2365 W.Victory Road and 4005 5.Linder Road _ (Located near the SWC of Victory Road and Linder Road) SITE _. F ]a ckson(Burnside)Ridge Estates-Annexation,Rerone,Preliminary Plat -- On]une 1,2022.the Ada County Highway District approved MMI-00131H-2021-0070/ I'Td St } _•__ Burnside Ridge Estates for an annexation,rezone,and a preliminary plat application to allow for the development of 299 lots on 119•acres-The site specific conditions of approval also T * apply to MPP23_00221 H-2023-00W:Fackson(Burnside)Ridge Estates. � '•; F If you have any questions,please feel free to contact meat(208}387-6171. + Sincerely, `-� 4a t Renata Ball-Hamilton - Planner 1 Development Services CC: City ofMeridisn(Paula Middleton),via email n W Lake Ha&I Rd_ � ,��-; - 3 E La kve Wa ze I Rol connecting you to more Ptla County HigTvay L15kKi 5'✓•.�inc�ins S[rm[[;3 tle�Cep.�L'-tl5"IlA-PFI2(16 Y87-ti100 P]3e5-766o-chdloanoc ZONING SCHEDULE SYMEGL NOTES HOLDINGI •� �� � ��� 3 REOq�US WqY � R.2 Zoning r R-4 Zoning IF.BOWNFST , I r xawvHnu�wmm � � ►i ►► I y CONCEPTITRT9 DEVELOPMENT 9 paG E.BANTOM ST ss �, PLAN I � I ` , - - - - - - r - - -- - - - k��STP�N - - - - - - -- -- - - - - r -- -- - - - - I T � 1 ECr d � _i_ son r r r rn VICTORY li { _ �✓�- - -�'!!� Iry MIDDLE 11 J I J� L1_L_LJJ $5HODL -1-1-TI SERVICES 1 :I DUTII I:D' I rvE IVI I 1. UBDI RI C AL f `� 5uhdirlsion ---- ON IR ' _ - __=--J C_ r-r m-1 n-rn -. r u IHi lsk, = -i----- --- E - - - 1 i Legend °� �• 1++� I ky Ir1 o LL 6ostirg Sewer Main r = flf`" rT - 6ustirig Sewer Manhole Approximate Location yx Preliminary SewerMairvLine 41 - IF-4 FJOStifg Water MainIF_� �/ !� 1 1 ------- Proposed Water Main)Line f✓(�•; F-�!_ ��� r�x / �AA1' �+i� —cans— Williams Pipeline Approximate Location F--4ALL T / wet SERVICS = IRRIGATION • Gravity irrigation provided by Boise Project Irrigation District via the Calkins Lateral • Pump station and storage for peak demand constructed onsite for pressure irrigation service • Excess irrigation water will be routed downstream to the existing, historic outfall location SERVICES - S8 '03'312"E 527_ 9` TRANSIT E. GUERNSEY ST 1 '37'19' 19 I7'� I,- yr $ + s'EMAW — _ _ ■ Add a Standard Bus Stop �zocx s R BLOCK a , r , � f 8 10 11 12 13 ,a 15 1B 3 IV89�Q8'3 " ' with 1 X 1 concrete pad to allow VRT to i — � `' schedule a stop there as 7 16 15 14 13 121 10 V 11 I 7 6 5 4 3 art of future route - x planning 102JO 21 22 23 24 25 28 27 79 29 3u liar E. DRAWBAR Sir it �. W S1226233910 - 12 32 k + 10 ,4 12 13 Ll 15 16 17 I � ILI !0 4 r 5 — L 35 E, IJRMA TOR S TLU ' J MAR ; r -31.47 ac -831ots � F DENSITY -2.64 dulac I 1 I I 'Na holding srealats i i JILL-E-E- L area west of Farmyard Ave is 26.07ac,which is less �% F ff • 1 '� '- than 5096 of total area west of Farmyard Ave �� J)` / /$r§ ✓✓✓✓// LDR I+f f -91.33 ac l` =160 lots wfo holding area 1.96 dulac wlo holding area -220 lots wf holding area !� '_ J ✓." C k\ . --- __' -2.40 dufac wl holding areg r r 1 � Holding Area � ///\/�t •/ `C � �� � I y i � ---- - -� -�- -- _ 711 1 I KI I I I I I I PHASING PLAN 1 rrAS�sr --F PHASING DATA ' I -; I PHASE# BUILDABLE LOTS 1 ❑ 67 I � PHASE 2 ' 2 ❑ 97 ' 3 ❑ 87 LF116d16ypSF � —_— I r+ 4 ❑ 12 ' TOTAL 263 FHAW LF£ * I si�xlia®a ❑f I + , ux� si.nla I ',E LIkE y J f LM�OT WF HA�EU7--- f 4 � I k — \ll noes[ xki ♦ ❑ _ _ 1 1 I rrrur — — k ————— ji r x ** ❑k y h'£LI Lirraisir I I � v; I � • I I �# ` x I * 1 \ \k* L�EiEiYA16R ST HOLDING *��. ❑, *❑ I AREA ` T,IAS 3 ' i _ LMOL71�dR VV VICTORY RO - - - CHANGES2022 SINCE j I I I F 2 Years Time Added: *2022 Plans J J Holding Area/Concept Plan R-8 lots Jackson property Streets and pathways f holo ► . �I,++ �`IL ...[,. ... N i Gal= ig l_ wiftoCNN zi gg ON am MIR ♦ �T 10 k 1.i 1.. ; 1 _ _� i711= 1hR. � NINE r 46 TIIVIELINE Pre-Application Neighborhood PZC Hearing CC Hearing Neighborhood Resubmittal PZC Hearing Meetings Meetings Unanimous Denial Meetings Approval • 1 • Oct. - • Oct. 020 Mar. 202112023 C�,fER IDIAN:--- IDAHO Public Presentations ---------------------------------- f ibh------------------------ ;oa ----=- r 4 " A ' F WVCTORYROAD .4 i a a i h { i V IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 24-2052: An ordinance (Linder Storage Condos — H-2022- 0091) annexing a parcel of land being Lot 4 of Heppers Acre Subdivision, Book 19 of Plats, Pages 1298 and 1299, records of Ada County, and a portion of North Linder Road, lying within the southwest quarter of the southwest quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 0.98 acres of such real property from R1 (Estate Residential) to I-L (Light Industrial) 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 2024-024278 BOISE IDAHO Pgs=4 MATT BUNK 05/08/2024 09:13 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 24-2052 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR AN ORDINANCE (LINDER STORAGE CONDOS — H-2022-0091) ANNEXING A PARCEL OF LAND BEING LOT 4 OF HEPPERS ACRE SUBDIVISION, BOOK 19 OF PLATS, PAGES 1298 AND 1299, RECORDS OF ADA COUNTY, AND A PORTION OF NORTH LINDER ROAD, LYING WITHIN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A;" REZONING 0.98 ACRES OF SUCH REAL PROPERTY FROM RI (ESTATE RESIDENTIAL) TO I-L (LIGHT INDUSTRIAL) 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 Greg Herman to annex and rezone the land described in the legal description attached hereto as Exhibit"A" and the map attached hereto as Exhibit `B" ("Subject Property"), which exhibits are incorporated herein by reference; WHEREAS,the Subject Property is contiguous to the corporate limits of the City of Meridian, Idaho; WHEREAS,the City of Meridian is authorized by Idaho Code section 50-222(2)to annex the Subject Property; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the City Council of the City of Meridian hereby annexes the Subject Property. SECTION 2. That the City Council of the City of Meridian hereby rezones 0.98 acres of the Subject Property from RI (Estate Residential)to the I-L(Light Industrial) Zoning District. ANNEXATION ORDINANCE—LINDER STORAGE CONDOS H-2022-0091 Page 1 SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6. That this ordinance shall be in full force and effect upon publication, in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO,this 7th day of May, 2024. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7th day of May, 2024. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 7th day of May,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—LINDER STORAGE CONDOS H-2022-0091 Page 2 EXHIBIT A T ACCURATE SURVEYING & MAPPING rFR u c`� Job No. 22-171 Annexation Land Description A parcel of land being Lot 4 of Heppers Acre Subdivision, Book 19 of Plats, Pages 1298 and 1299, Records of Ada County, and a portion of North Linder Road, lying within the Southwest Quarter of the Southwest Quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the found 4 inch aluminum cap monument in asphalt, labeled PLS 1029, at the Southwest corner of Section 12, T.3N., R.1 W., B.M, from which the found 3 inch brass cap in asphalt, labeled PLS 5082, at the Quarter corner common to sections 11 & 12, T.3N., R.1 W., B.M., bears N 00' 31' 39"E a distance of 2645.87 feet, thence N 00' 3 F 39"E along the section line a distance of 922.75 feet to the REAL POINT OF BEGINNING. Thence N 00' 31' 39" E along said section line and the centerline of North Linder Road for a distance of 120.00; Thence S 88' 13' 52"E for a distance of 356.62 feet to the Northeast corner of said lot 4, witnessed by a set 5/8"iron pin with a 2 inch aluminum cap labeled PLS 11463, which bears S 00' 38' 53" W a distance of 1.00 feet; Thence S 00' 38' 53" W along the East line of said lot 4 for a distance of 120.00 feet to a found 5/81h inch iron pin with a plastic cap labeled PLS 12025 at the Southeast corner of said lot 4; Thence N 88' 13' 49" W along the South line of said lot 4 for a distance of 356.37 feet to a found '/2 inch iron pin with plastic cap labeled PLS 11463 to the REAL POINT OF BEGINNING. Said parcel contains 0.982 acres or 42,770 square feet, more of less. � D ST r 11463 d) 2 •r�•23 0 y� OF AN J. 1520 W. Washington St., Boise, ID 83702 ■ Phone: 208-488-4227 ■ www.accuratesurveyors.com o OD O zo z6 l r a Z G7 O O C) n� ~r ~� f Z 2 o"a a 2 Do a2 '; -� I 1. rn OZZZ u cn— v,v, O U) co I. G) ~ 2 -� 'u-0 O r o� � n c 2 O w wy r'lC) �2 y _ BASIS OF BEARING N 00 31'39" E 2645.87' z N� DoZ N 922.75' 0 120.00 1603.98' o\I N = p o co ' co N. LINDER RD. ��'i 0 "' �' -+ 03 No rri 0 Do z C) -n --,C) Z ' I DC —+ 2 Lo 1� D p" E Loo00 � J vy 00 r4 , ,`° 2 ® ' v co �vz �' N o • Nv v Q� H- co p C Q b � o Qi � N T PRcz � C � oo �yaN � G c o D — Z O to N n o Z � ai � r iv -o N0) W ° °° ° 120.00' ��� 9yo CJ S 00'38'53" W N 0 Zm 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 . G . Vt-'7 !" William L. M. Nary, Cil Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 24 -2052 An ordinance (Linder Storage Condos — H-2022- 0091 ) annexing a parcel of land being Lot 4 of Heppers Acre Subdivision, Book 19 of Plats, Pages 1298 and 1299, records of Ada County, and a portion of North Linder Road, lying within the southwest quarter of the southwest quarter of Section 12 , Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A", rezoning 0 . 98 acres of such real property from R1 (Estate Residential) to I-L (Light Industrial) 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 laws 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 — LINDER STORAGE CONDOS H-20 M091 Page 4